2005-038RESOLUTION NO. 2005- 38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE ACCEPTANCE OF FUNDS
FROM THE STATE WATER RESOURCES CONTROL BOARD
TO REMEDIATE CONTAMINATION AT 3270 WEST
LINCOLN AVENUE, ANAHEIM, DESIGNATING THE
PUBLIC UTII.ITIES GENERAL MANAGER AS ANAHEIM' S
AUTHORIZED REPRESENTATIVE, AND AUTHORIZING
THE ACCEPTANCE OF SUCH FUNDS ON BEHALF OF THE
CITY AND AMENDING THE BUDGET FOR FISCAL YEARS
2004-2005 THROUGH 2009-2010 ACCORDINGLY.
WHEREAS, in specified circumstances, section 25299.36 of the California Health
and Safety Code authorizes local agencies to undertake or contract for corrective action at
underground storage tank (UST) sites which have had unauthorized releases of petroleum; and
WHEREAS, Subdivisions (c), (e), and (h) of section 25299.51 of the California
Health and Safety Code authorize the State Water Resources Control Board (SWRCB) to expend
money from the Underground Storage Tank Cleanup Fund (USTCF) to pay for corrective action and
oversight costs incurred by local agencies at certain petroleum UST sites; and
WHEREAS, the SWRCB has established administrative procedures for providing
cleanup funds to local agencies, which include the issuance of Letters of Award to local agencies
named on the Emergency, Abandoned or Recalcitrant (EAR) Account Annual Site List; and
WHEREAS, the City has determined that corrective action at the above-referenced
site is authorized under the Health and Safety Code and the site is an appropriate candidate for
funding assistance from the EAR Account, and the City has nominated the site for EAR Account
funding; and
WHEREAS, the State Water Resources Control Board requires that an Authorized
Representative be designated by Anaheim to negotiate and execute transactions with the SWRCB
as necessary to receive EAR Account funds to be used to remediate petroleum UST contamination
at this site; and
WHEREAS, the City is familiar with the terms, conditions and limitations of the
receipt of EAR Account funds; and
WHEREAS, the City is willing and able to conform to each of the terms, conditions
and limitations imposed upon a recipient of EAR Account funds; and
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WHEREAS, the City desires to accept and authorizes the receipt of up to $1.5 million
of EAR Account funds to be used for corrective action at the above-referenced site; and
WHEREAS, the City Council desires to amend the annual budgets of the City to
reflect and incorporate any funding so provided to the City, and to increase the annual appropriations
and expenditures in the appropriate City program to reflect such funding.
NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of
Anaheim as follows:
1. The Public Utilities General Manager is hereby designated as Anaheim's Authorized
Representative and is authorized, directed and empowered, on behalf of Anaheim, to prepare the
necessary data, to make investigations, and to take all actions necessary to complete the acceptance
of EAR Account funds and implement corrective action at 3270 West Lincoln Avenue, Anaheim.
2 The City Council of the City of Anaheim hereby, and by this resolution, authorizes
receipt of up to One Million Five Hundred Thousand Dollars ($1,500,000) of EAR Account funds
to be used for corrective action at the above-referenced site without further action of the City Council
being required therefor.
3. The City of Anaheim hereby agrees to comply with each and all of the terms,
conditions and limitations imposed by the SWRCB in connection with the receipt of EAR Account
funds and the Public Utilities General Manager is hereby authorized and directed to execute any
agreements, assurances, or other documents as may be necessary in connection with the receipt of
EAR Account funds as may be required by the SWRCB.
4. Contingent upon the receipt of EAR Account funds, the annual budgets of the City
of Anaheim for Fiscal Years 2004-OS through 2009-2010 are hereby amended by increasing the
appropriations and authorized expenditures in Program No. 501-521-6264 in the amount of One
Million Five Hundred Thousand Dollars ($1,500,000), or in such other amounts as are equal to the
amount of EAR Account funds to be received by the City.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 29th day of March , 2005, by the following roll-call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSTAIN: None
ABSENT: None
CITY ANAHE
MA R OF THE C Y O ANAHEIM
ATTEST:
-Q- ~.
Y CLERK OF THE CITY OF ANAHEIM
57453.1