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ARA2002-10RESOLUTION NO. ARA2002-10 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY TO AUTHORIZE USE OF THE POLANCO REDEVELOPMENT ACT, CALIFORNIA HEALTH AND SAFETY CODE SECTION 33459 et seq., IN THE WEST AHAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT AREA WHEREAS, the Anaheim Redevelopment Agency is responsible for reuse and redevelopment of properties within the West Anaheim Commercial Corridors Redevelopment Project Area; and WHEREAS, the Westgate project site includes the Sparks-Rains landfills and the Anderson Pit collectively known as the Lincoln Landfill located at Beach Boulevard and Lincoln Avenue within the West Anaheim Commercial Corridors Redevelopment Project Area; and WHEREAS, the Lincoln Landfill may be contaminated with environmental contamination which has or may impact the redevelopment of this property; and WHEREAS, to facilitate the redevelopment of the Lincoln Landfill property, the Anaheim Redevelopment Agency seeks to utilize the protective provisions, the cost recovery provisions, and the information gathering provisions of the Polanco Redevelopment Act, California Health & Safety Code Section 33459 et seq.; and WHEREAS, to facilitate the redevelopment of contaminated properties the Polanco Redevelopment Act allows redevelopment agencies to: a. request environmental information (Phase I and Phase II environmental assessments) from landowners and operators about the Lincoln Landfill property or any properties in the redevelopment project area that have impacted or may impact the Lincoln Landfill property; and b. provide notice to responsible parties to prepare a removal or remedial action plan in conformance with the National Contingency Plan; and c. enter into agreements with responsible parties or third parties to do the removal or remedial work; and d. undertake the removal or remedial work or cause the third party to do the removal or remedial work if the removal or remedial action plan is not prepared by the responsible party or is insufficient; and e. initiate cost recovery litigation to recover the cost of clean-up conducted by the Anaheim Redevelopment Agency; and f. petition the California Environmental Protection Agency to designate an Administering Agency to oversee implementation of the removal or remedial actions on the property; and F DOCS',DEVSVCS\RESOLUTN',VTR2B07A DOC g. procure environmental consulting services in compliance with the Anaheim Redevelopment Agency's procurement policies; and h. conduct other activities as authorized under the Polanco Redevelopment Act to facilitate the reuse and redevelopment of the Lincoln Landfill property. NOW THEREFORE THE ANAHEIM REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Anaheim Redevelopment Agency hereby delegates authority to Executive Director, or her designee, to take the following actions authorized by the Polanco Redevelopment Act to assist in the cleanup, reuse and redevelopment of the Lincoln Landfill property: A. Require that former owners and operators of the Lincoln Landfill provide the redevelopment agency with all existing environmental information, pursuant to California Health & Safety Code Section 33459.1 (e). B. Issue notices to responsible parties to prepare a removal or remedial action plan within sixty (60) days, pursuant to California Health & Safety Code Section 33459.1(b)(2). C. Issue a request to either the California Department of Toxic Substances Control or the California Regional Water Quality Control Board for clean-up guidelines pursuant to California Health & Safety Code Section 33459.1 (a)(1). D. Review, approve or reject (in conjunction with environmental regulatory agencies) a removal or remedial action plan submitted by responsible parties depending upon whether those plans are consistent with the Anaheim Redevelopment Agency's redevelopment planning and schedule for redevelopment of the Lincoln Landfill property and whether such removal or remedial actions are consistent with the National Contingency Plan pursuant to California Health & Safety Code Section 33459. l(b)(2). E. Enter into agreements with responsible parties or third parties to prepare and implement remedial actions or removal actions which are approved by environmental regulatory agencies pursuant to California Health & Safety Code Section 33459. l(b)(3). F. Upon Agency Governing Board approval undertake removal or remedial actions or cause a third party to undertake removal or remedial actions if responsible parties fail to prepare an appropriate removal or remedial action plan within the sixty (60) day period specified for preparation of the removal or remedial action plan, or if the responsible parties fail to perform their obligations under an approved removal or remedial action plan pursuant to California Health & Safety Code Section 33459.1 (a) and (b)(2) and (3). G. Obtain written approval from the California Integrated Waste Management Board prior to taking any corrective action on the Lincoln Landfill property pursuant to California Health & Safety Code Section 33459.1 (a)(2). F:',DOCS" D EVS V CS',RES O LUTIC, VT R2 B07A DOC H. Upon Agency Governing Board approval initiate cost-recovery litigation to recover costs of clean-up in the event the Anaheim Redevelopment Agency expends funds to clean-up the Lincoln Landfill property pursuant to California Health & Safety Code Section 33459.1(b) and (c) and 33459.4. I. Procure environmental consulting services in accordance with Anaheim Redevelopment Agency's procurement procedures. California Health & Safety Code Section 33459.4 (a). J. Petition the site designation committee of the California Environmental Protection Agency to designate an administering agency to oversee implementation of the removal or remedial action plan pursuant to California Health & Safety Code Section 33459.1(d). K. Conduct other activities as authorized under the Polanco Redevelopment Act, California Health & Safety Code Section 33459 et seq. or under other state laws. Section 2. The Executive Director of the Anaheim Redevelopment Agency will notify the Anaheim Redevelopment Agency Board prior to initiating legal action to recover costs for a removal or remedial action conducted by the Redevelopment Agency. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE ANAHEIM REDEVELOPMENT AGENCY THIS 17 (th} DAY OF December ,2002. ATTEST: A0 FORM: ttorney F:',DOCS,DEVSVCS\RESOLUTNWTR2B07A DOC STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA2002-10 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 17th day of December 2002, by the following vote of the members thereof: AYES: CHAIRMAN/AGENCY: Chavez, Hernandez, McCracken, Pringle, Tait NOES: CHAIRMAN/AGENCY: None ABSENT: CHAIRMAN/AGENCY: None ABSTAINED: CHAIRMAN/AGENCY: None '~ECRE~rAR',f/OF THE ANAHEIM 'REDEVELOPMENT AGENCY (SEAL)