RES-2010-034RESOLUTION NO. 2010- 034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER OR HER
DESIGNEE TO ACCEPT ON BEHALF OF THE CITY OF ANAHEIM AN
ORPHAN SITE CLEANUP FUND GRANT FROM THE STATE WATER
RESOURCES CONTROL BOARD FOR THE REMEDIATION OF SOIL AND
GROUNDWATER CONTAMINATION AT 3720 W. LINCOLN AVENUE,
AND WHEN AWARDED, AUTHORIZING THE PUBLIC UTILITIES
GENERAL MANAGER OR HER DESIGNEE TO TAKE SUCH ACTIONS IN
FURTHERANCE OF THE GRANT
WHEREAS, the Public Utilities Department (the "Department ") has been
remediating subsurface contamination at 3720 W. Lincoln Avenue in the City of Anaheim (the
"Property "), a former gas station, for several years with a state grant from the Emergency
Abandoned Recalcitrant Account ( "Emergency Account ");
WHEREAS, the Department has reached the limits of the Emergency Account,
and, unfortunately, some soil and groundwater contamination still remains;
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;
WHEREAS, the Department desires to use OSCF monies to complete the
remediation of soil and groundwater contamination at the Property, and, for this reason, the
Department submitted an application (File Number B 111) for an OCSF grant to the State Water
Resources Control Board (the "State Board ") on August 27, 2009;
WHEREAS, the City of Anaheim, a municipal corporation and charter city (the
"City "), is familiar with the terms, conditions, and limitations of the OSCF grant for File Number
B 111 (the "OSCF Grant "); and
WHEREAS, the City is willing and able to accept the OSCF Grant and conform
to each of its terms, conditions, and limitations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
1. The City of Anaheim hereby agrees to comply with each and all of the
terms, conditions, and limitations imposed by the State Board upon the OSCF Grant.
2. The Public Utilities General Manager, or her designee, is hereby
authorized to accept the OSCF Grant on behalf of the City of Anaheim, a public entity
established under the laws of the State of California for the remediation of soil and groundwater
contamination at the Property.
3. The Public Utilities General Manager, or her designee, is hereby
authorized and directed to execute any agreements, assurances, payment requests, or other
documents, as may be necessary for the purpose of obtaining the assistance provided by the
OSCF Grant, including any extensions and amendments thereof, and which may be necessary for
the remediation of soil and groundwater contamination at the Property.
4. The City Council of the City of Anaheim hereby agrees to, and by this
Resolution, does accept the OSCF Grant when awarded to the City of Anaheim.
5. The Public Utilities General Manager, or her designee, is hereby
authorized and directed to carry out any actions in furtherance of the OSCF Grant.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 23rd day of March , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY O NAHEIM
MAYOR OF THE CIfY OIVANAHEIM
ATTEST:
, /MTY CLERK OF THE CITY OF ANAHEIM
OL