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2001-037CITY OF ANAHEIM CITY COUNCIL RESOLUTION NO. 2001R-37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN FINDINGS IN CONNECTION WITH THE CITY'S SUBMITTAL OF A GRANT APPLICATION TO THE U.S. EPA FOR SUPPLEMENTAL ASSISTANCE FOR BROWNFIELDS ASSESSMENT DEMONSTRATION PILOTS FOR FUNDING OF SITE ASSESSMENT OF CERTAIN POTENTIALLY CONTAMINATED PROPERTY LOCATED IN NORTH CENTRAL ANAHEIM AT THE NORTHEAST CORNER OF LA PALMA AVENUE AND NORTH ANAHEIM BOULEVARD, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA WHEREAS, the City of Anaheim ("City") is a municipal corporation and charter city of the State of California authorized and empowered to conduct the municipal affairs of the City; and WHEREAS, the City Council of the City of Anaheim ("City Council") is the legislative and governing body of the City; and WHEREAS, the Anaheim Redevelopment Agency, a public body corporate and politic, ("Agency") is a community redevelopment agency organized, existing and exercising its powers pursuant to the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq. (the "CRL"); and WHEREAS, the Commercial / Industrial Redevelopment Project and the boundaries of the Commercial / Industrial Redevelopment Project Area ("Project Area") were duly established by various ordinances of the City Council, and which ordinances approved, and amended, the redevelopment plan for the Commercial / Industrial Redevelopment Project ("Redevelopment Plan"); and WHEREAS, the Agency is vested with the power to implement the Redevelopment Plan and carry out the goals and objectives of the Redevelopment Plan; and WHEREAS, in specific implementation of the Redevelopment Plan, the Agency and the City are desirous of undertaking redevelopment, economic development, and other revitalization activities ("Development Activities") on certain real property located in the City and in that portion of the Project Area commonly known as the North Central Area, as defined below; and WHEREAS, at the northeast corner of La Palina Avenue and North Anaheim Boulevard in the City there are, approximately one hundred and forty (140) acres of real property ("North Central Area"); and F:'d)OC S~,DEV S VC S~R~E S OLUTN~BGR 1103A.DOC WHEREAS, the City has been advised that current and past uses of portions of the North Central Anaheim Area included a chemical mixing facility, a battery recycler and precious metal recovery facility; and WHEREAS, the environmental condition of the North Central Area has been determined by preliminary environmental assessment by parties other than the City to be contaminated with hazardous materials and substances ("Hazardous Substances"), as defined within the federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), although the full scope of the environmental condition is not known; and WHEREAS, the environmental condition of the North Central Area requires further and complete site assessment, testing and characterization for Hazardous Substances in the soils and groundwater, and after the full scope of the Hazardous Substances existing thereon is determined, such property, thereafter, may require remediation prior to proceeding with any Development Activities; and WHEREAS, because the full scope of the environmental contamination with Hazardous Substances of the North Central Area is not yet known, said environmental condition has created a Brownfields condition in the Project Area; and WHEREAS, the environmental condition of the North Central Area has directly impacted the economic feasibility, physical character, aesthetic character, use, and development of the North Central Area, has had a deleterious impact on the surrounding neighborhoods, and has prevented any Development Activities from proceeding; and WHEREAS, the City desires to commence the process and proceedings available to cities and community redevelopment agencies under the CERCLA and the CRL to cause site testing, characterization, and assessment of the environmental condition of the soils and groundwater of the North Central Area to occur; and WHEREAS, the Community Development Department of the City has submitted an application for a U.S. EPA Brownfields Program Supplemental Assistance for Assessment Demonstration Pilots grant (each, a "Grant"); and WHEREAS, the Grants are available to cities to continue and expand pilot demonstration projects to help communities revitalize contaminated properties; and WHEREAS, the Supplemental program makes available Grants that are funded up to $150,000.00 for two years; and WHEREAS, the Community Development Department is currently working with current property owners within the North Central Area to explore the feasibility of redevelopment thereof; and FSDOCS~DEVSVCSkRESOLUTN~BGR1103A DOC 2 WHEREAS, if the City is awarded a Grant, the funds would be used to: (i) conduct an environmental assessment of at least two (2) sites within the North Central Area to fully characterize the level of contamination with Hazardous Substances, (ii) plan environmental remediation/hazard mitigation activities for the North Central Area, and (iii) implement community involvement activities to explain site selection, assessment, and remediation planning activities; and WItEREAS, this Resolution is being considered and action taken by the City (as "Applicant") in connection with its application and proposal to the U.S. EPA Brownfields Program Supplemental Assistance for Assessment Demonstration Pilots grant funding, as described above; and WItEREAS, the Applicant desires by this Resolution to certify the following: (i) Applicant is an entity eligible to receive federal funding under CERCLA, Section 104(d), (ii) Applicant has the authority to enter into a Cooperative Agreement, or other agreement, with the U.S. EPA, and (iii) Applicant has the authority to carry out the work included in the application. NOW THEREFORE, the Anaheim City Council does hereby find and resolve as follows: 1. The City Council finds the foregoing Recitals are true and correct and are hereby made a substantive part of this Resolution. 2. The City Council certifies that as an applicant for the U.S. EPA Brownfields Program Supplemental Assistance for Assessment Demonstration Pilots Program funding, the City is an entity eligible to receive funds under CERCLA, Section 104(d). 3. The City Council certifies it has the authority to enter into a cooperative agreement or other agreement ("Cooperative Agreement") with the U.S. EPA and to carry out its obligations required under and pursuant to such Cooperative Agreement. 4. The City Council certifies it has the authority to carry out the work included in the application to U.S. EPA and to do the work required under and pursuant to such Cooperative Agreement. 5. The City Council hereby approves the Cooperative Agreement to be entered into with the U.S. EPA and authorizes the Executive Director of the City's Community Development Department to execute such Cooperative Agreement on behalf of the City. 6. The Executive Director of the City's Community Development Department (and his/her designee(s) is hereby delegated the authority and authorized to carry out the Cooperative Agreement and take such actions necessary to fully perform thereunder. 7. The City Clerk shall certify to the adoption of this Resolution. F :~DOC S~DEVSVC S~RESOLUTN~BGR 1103A.DOC APPROVED AND ADOPTED thisl3t_dayh February~ ~ __ OI , ZIJIJ 1 ~ City of Anaheim ATTEST: Clerk APPROVED AS TO FORM: Y JO~--'~. WO~D~ ATTORNEY F:/DOCSiDEVSVCS~P..ESOLUTN~BGR1103A DOC STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-37 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13th day of February, 2001, by the followin§ vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None THE CITY OF ANAHEIM - (SEAL)