RES-10041 Application Environmental Protection Agency Cleanup GrantI
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RESOLUTION NO. 10041
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING AN
APPLICATION TO THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY FORA
CLEANUP GRANT UNDER THE SMALL BUSINESS
LIABILITY RELIEF AND BROWNFIELDS
REVITALIZATION ACT FOR BROWNFIELD
REVITALIZATION OF THE GRIJALVA PARK AT
SANTIAGO CREEK LANDFILL CLOSURE
PROJECT.
WHEREAS, on January 11, 2002, the President of the United States signed into law the
Small Business Liability Relief and Brownfields Revitalization Act (the Brownfields Law),
which expands potential federal financial assistance for brownfield revitalization, including
grants for assessment, cleanup and job training (the Program); and
WHEREAS, the United States Enviromnental Protection Agency (EP A) has been
delegated the responsibility for the administration of the Program and, to that end, has developed
and published guidance to assist applicants in preparing proposals for grants to address brownfield
sites (the Guidelines); and
WHEREAS, the EPA is presently accepting proposals for grants to address brownfields
sites, which are defined under the Comprehensive Enviromnental Response, Compensation, and
Liability Act of 1980, as amended (CERCLA), as "real property, the expansion, redevelopment,
or reuse of which may be complicated by the presence or potential presence of a hazardous
substance, pollutant, or contaminant"; and
WHEREAS, the City Council of the City of Orange believes it is eligible for funding
under the Program and, accordingly, desires to submit an application to EP A for cleanup grant
funding in the maximum amount available for a brownfields site (i.e., $200,000) to assist the
City with the conduct of cleanup activities in connection with the closure of the landfill at
Grijalva Park at Santiago Creek (herein referred to as the Project), which is owned by the City
and is planned to be developed for park and recreational uses; and
WHEREAS, the City Council of the City of Orange understands and acknowledges that,
if awarded grant funds under the Program, the Brownfields Law requires a 20% cost share, which
if the City's proposal is accepted in full, means that the City will be required to devote to the
Project not less than $40,000; and
WHEREAS, this City Council has duly considered all of the terms and conditions of the
proposed application, in the form presented by the City Manager, and believes that the submittal of
said application to EP A and the use of any funds obtained from the Program for the Project (or any
portion thereof) is in the best interests of the City and the health, safety, morals and welfare of its
residents, and in accord with the public purposes and provisions of applicable Federal, State and
local law and requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange as follows:
Section 1.The foregoing recitals are true and correct.
Section 2. The City Council hereby nominates the Project for consideration by
EP A for funding under the Program.
Section 3. The application for cleanup grant funding under the Program in the
amount of $200,000, in the form as submitted by the City Manager, is hereby approved and
the City Manager is hereby authorized to submit same to EP A on behalf of the City.
Section 4. The City Council hereby appoints the City Manager, or his designee, as
the agent for and on behalf of the City of Orange (a) to execute the application; (b) to conduct
all negotiations and execute and submit all documents for the Project (or any portion thereof)
as EPA may require to consider and process the application, including, but not limited to,
agreements, amendments, billing statements, and such other documentation as the City
Manager deems necessary and appropriate to consummate the transaction contemplated by
the adoption of this Resolution; and (c) to administer the City's obligations, responsibilities
and duties to be performed hereunder and under the Program.
Section 5. The City of Orange has, or will have, sufficient funds to devote to the
Project, consisting of funds in an amount representing not less than 20% of the amount of
funds to be granted to the City under the Program for the Project and including such other
funds as may be needed to finance the total cost of the Project. Accordingly, the City Council
hereby agrees to fund its share of the Project costs and any additional costs over the identified
programmed amount in accordance with the Guidelines.
Section 6. The City of Orange will maintain and operate the property acquired,
developed, rehabilitated, or restored for the life of the resultant facilities or activities
constituting the Project.
Section 7. The City of Orange will give representatives of EP A access to and the
right to examine all records, books, papers or documents related to the Project from time to
time and at all reasonable times.
ADOPTED this 22nd day of November, 2005.
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Mark A. Murphy, Mayo ty of Orange
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ATTEST:
Mary E. M
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ity Clerk,range
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 22nd day of November, 2005, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith Ambriz, Murphy, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: Cavecche
COUNCILMEMBERS: None
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