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RES-10041 Application Environmental Protection Agency Cleanup GrantI I 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. it k IJ1 Mark A. Murphy, Mayo ty of Orange 2 I I I I ATTEST: Mary E. M j 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 M~~'L~~ 3