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RES-2011-163 RESOLUTION NO. 2011 -163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER OR HER DESIGNEE TO SUBMIT A REQUEST FOR AN ORPHAN SITE CLEANUP FUND GRANT TO THE STATE WATER RESOURCES CONTROL BOARD FOR THE REMEDIATION OF SOIL AND GROUNDWATER CONTAMINATION AT 3720 W. LINCOLN AVENUE, TO ACCEPT SUCH FUNDS AS AWARDED, AND TO TAKE SUCH ACTIONS IN FURTHERANCE OF THE GRANT, AND AMENDING THE BUDGET FOR FISCAL YEAR 2011/2012. WHEREAS, the City of Anaheim Public Utilities Department (the "City" or "City of Anaheim ") had been remediating subsurface contamination at 3720 W. Lincoln Avenue in the City of Anaheim (the "Property "), a former gas station, for several years with state grant monies; and WHEREAS, since some soil and groundwater contamination still remains on the Property, the City requires additional funding for this project; and WHEREAS, Health and Safety Code section 25299.50.2 established the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund ( "OSCF ") to address petroleum contamination from underground storage tanks at sites that qualify as brownfields; and WHEREAS, the City desires to use OSCF monies to complete the remediation of soil and groundwater contamination at the Property, and, for this reason, the City has submitted a request for an OSCF grant to the State Water Resources Control Board (the "State Board "); and WHEREAS, the City is familiar with the teens, conditions, and limitations of the OSCF grant (10- 110 - 550 -0) which is set forth in the OSCF agreement in the form presented at this meeting (the "OSCF Grant "); and WHEREAS, the City is willing and able to conform to each of the terms, conditions, and limitations imposed upon the City by the OSCF Grant; and WHEREAS, the City remains supportive of the ongoing efforts to apply for and accept such allocation of funds through the State Board as may be awarded to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The Public Utilities General Manager, or her designee, is and was authorized to submit a request to the State Board, for and on behalf of the City of Anaheim, for the OSCF Grant in the amount of approximately TWO HUNDRED AND EIGHTY -NINE THOUSAND AND SEVEN HUNDRED AND TWENTY -FIVE DOLLARS ($289,725.00) to offset the costs of remediating subsurface contamination at the Property. 2. The Public Utilities General Manager, or her designee, is authorized to accept the OSCF Grant for and on behalf of the City of Anaheim. 3. The Public Utilities General Manager, or her designee, is hereby authorized and directed to implement, administer, and carry out any necessary actions in furtherance of the OSCF Grant, including, but not limited to, conducting negotiations, executing any agreements, amendments, certificates and /or assurances, reports, plans, payment requests, or other documents, including but not limited to a OSCF Grant Agreement, without further action of the City Council being required. 4. The City Council of the City of Anaheim hereby agrees to, and by this Resolution, does accept any such OSCF Grant so awarded to the City of Anaheim without further action of the City Council of the City of Anaheim being required. 5. The City Council of the City of Anaheim hereby determines and finds that, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the adoption of this Resolution by the City Council is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Anaheim staff is hereby directed to file with the County Clerk a Notice of Exemption within three (3) business days of the adoption of this Resolution. 6. The annual budget of the City of Anaheim for Fiscal Year 2011/12 is hereby amended by increasing the appropriations and authorized expenditures in such amount equal to the amount of OSCF Grant to be received by the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of November, 201 1 , by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman and Murray NOES: None ABSENT: Council Member Galloway ABSTAIN: None CITY OF ANAHEIM ' ;; ; C?:7 MAYOR OF THE C TY OF ANAHEIM ATTEST: QACAdICID CITY CLERK OF THE CITY OF ANAHEIM Tom Daly Orange County Clerk - Recorder mew Orange County Clerk-Recorder's Office 12 Civic Center Plaza, Room 106, P.O. Box 238, Santa Ana, CA 92702 web: www.oc.ca.gov /recorder/ PHONE (714) 834 - 5284 FAX (714) 834 CITY OF ANAHEIM P.O. BOX 3222 ANAHEIM, CA 92803 Office of the Orange County Clerk- Recorder Memorandum SUBJECT: NOTICE OF EXEMPTION The attached notice was received, filed and a copy was posted on 11/18/2011 It remained posted for 30 (thirty) days. Tom Daly Orange County Clerk - Recorder In and for the County of Orange By: ANGEL CARDENAS Deputy Public Resource Code 21092.3 The notice required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office of the County Clerk of each county * ** in which the project will be located and shall remain posted for a period of 30 days. The notice required pursuant to Section 21092 for a negative declaration shall be so posted for a period of 20 days, unless otherwise required by law to be posted for 30 days. The County Clerk shall post notices within 24 hors of receipt. Public Resource Code 21 152 All notices filed pursuant to this section shall be available for public inspection, and shall be posted * ** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. * ** Thereafter, the clerk shall return the notice to the local lead agency * ** within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Additions or changes by underline; deletions by * ** FILED NOV 1 R; 201 TOM DALY, CLERK - RECORDER POSTED BY. pt->'uTY 1 8 2011 NOV r,,, %, CITY OF ANAHEIM ANAHEIM PUBLIC UTILITIES _ .. TOM DALY, CLERK - RECORDER 1 OF EXEMPTION BY DEPUTY To: County Clerk From: City of Anaheim Public Utilities Department County of Orange 201 S. Anaheim Boulevard, #601 P.O. Box 238 Anaheim, CA 92805 Santa Ana, CA 92702 PROJECT TITLE: Request for An Orphan Site Cleanup Fund Grant to the State Water Resources Board for the Remediation of Soil and Groundwater Contamination at 3270 W. Lincoln Avenue PROJECT LOCATION - 3270 W. Lincoln Avenue Specific: PROJECT LOCATION - City: City of Anaheim, Orange County, California PROJECT DESCRIPTION: The project authorizes the Public Utilities Department to submit a request fora grant from the State Water Resources Control Board's Orphan Site Cleanup Fund (OSCF) for the continued remediation of soil and groundwater contamination of the property at 3270 W. Lincoln Avenue, a former gas station. PUBLIC AGENCY City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92805 APPROVING PROJECT: APPLICANT: City of Anaheim Public Utilities Department PHONE NUMBER: Dick Wilson, Environmental Services Manager (714) 7654277 ADDRESS: 201 S. Anaheim Boulevard, Suite 601 ZIP CODE: 92805 Anaheim, California EXEMPT STATUS: ❑ Ministerial (Section 21080(b)(1); 15268) ❑ Declared Emergency (Section 21080(b)(3)) ❑ Emergency Project (Section 21080(b)(2)) El Categorical Exemption. State class and section number. Class 30, Section 15330(a)(4) BI Statutory Exemption. State code number 15061(b)(3). ❑ Other REASONS WHY PROJECT IS EXEMPT: The project consists of the request for OSCF grant funding (Section 15061(bX3) and the continued remediation of contaminated soil and groundwater (Section 15330(a)(4) of a small site, a former gas station. Authorized Signature — Utilities Department Title Date Eli Signed by Lead Agency ❑ Signed by Applicant Recorded in Official Records, Orange County DATE RECENED FOR FILING AT OPR (If applicable): Tom Daly, County Recorder IIIIIIIWIIIIIIII11II I181IIII11111111II1 N0 FEE 201185001277 1:44 pm 11/18/11 175 NC -1 ZO1 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Anaheim, P.O. Box 3222, Anaheim, CA 92803