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HomeMy Public PortalAbout2014.049 (03-18-14)RESOLUTION NO. 2014.049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AGREEMENT NO. 3 WITH THE STATE WATER RESOURCES CONTROL BOARD ( SWRCB) FOR THE USE OF EMERGENCY, ABANDONED AND RECALCITRANT PROGRAM FUNDS IN THE AMOUNT OF $197,994 TO CONDUCT CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD, FOR A TOTAL AMOUNT AWARDED TO DATE OF $1, 472,994 WHEREAS, the State Water Board, Emergency, Abandoned & Recalcitrant (EAR) _Account Program provides funds to approved regulatory agencies to investigate and remediate .contamination caused by leaking petroleum underground storage tanks (USTs); and WHEREAS, on January 18, 2011, The City approved award funds for a first phase budget in the amount of $999,983 from the EAR program. As a part of the award, if funds were expended according to schedule, SWRCB had the option to appropriate a second phase of funding in an estimated amount up to $500,000 without additional application process; and WHEREAS, on January 15, 2013, the City received notice that the second phase of funding was now available and that the city was preauthorized to receive an additional $352,883 for continued remediation efforts which must be expended by December 31, 2013; and WHEREAS, on November 15, 2013, Gannett Fleming, on behalf of the City submitted a request for an extension to complete project related duties and obligations associated with amended scope of work submitted and additional funds to perform such duties. At the time of the request, there was an estimated $77,866 in unspent funds remaining in the EAR Program appropriation; and WHEREAS, on February 27, 2014 the City received notice that Lynwood was preauthorized to receive $197,994 for continued remediation efforts. This accounts for the $77,866 in unspent funds from the previous contract and $120,128 in additional funds; and WHEREAS, in order to receive this funding, an agreement must be entered into by and between the City of Lynwood and the State Water Control Board; and WHEREAS, this contract will provide funds to the City of Lynwood to continue conducting corrective action at the petroleum UST site located at 11600 Long Beach Boulevard; and WHEREAS, in order to effectuate the agreement, the City must prepare a resolution approving the award and authorizing the use of the funds at said location. WHEREAS, sufficient funding to continue the current basic law enforcement . services is included as part of each fiscal years adopted budget. NOW, THEREFORE; THE CITY COUNCIL OF, THE CITY OF; LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS`FOLLOWS: Section 1. That the City Council hereby approves the execution of Agreement No. 3 with State Water Resources Control Board in a form similar to the. original' Agreement approved by this Council and approved by the City Attorney, and any amendments thereto as provided by the SWRCB that authorizes the provision `of funds to the City of Lynwood to conduct corrective action at the petroleum-UST site located` at 11600 Long Beach Boulevard. Section 2. The City Council directs the Finance Department to make the appropriate adjustment to the budget to reflect the receipt of the EAR funds., Section 3. The City Manager or her designee is hereby .authorized -10 take necessary steps, including the execution of amendments and agreements with SWRCB. to undertake duties outlined in the scope of work under this Agreement No.-3, subject to the amount appropriated for this purpose of $197,994 and reflect a total amount awarded-to date of $1,472,994. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 18`h day of'March, 2014: Aide Castro, Mayo ATTEST: r Maria Quinonez, City Clerk APPROVED AS TO FORM: David A. Garcia, City Attorney APPROVED AS TO CONTENT: lf'-� Sarah M. Withers, City Manager "B n aulls, Project Manager STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 18th day of March, 2014. AYES: COUNCIL MEMBERS ALATORRE, SANTILLAWBEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE r Maria Quinonez, City 'Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2014.049 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 18th day of March, 2014. Maria Quinonez, City Clerk