APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING 1) THE CITY ADMINISTRATOR TO
ACCEPT AND APPROPRIATE GRANT FUNDS IN AN AMOUNT NOT TO
EXCEED THREE MILLION DOLLARS ($3,000,000) FROM THE U.S.
ENVIRONMENTAL PROTECTION AGENCY SAN FRANCISCO BAY
PROGRAM FOR PCB REMEDIATION IN ARROYO VIEJO CREEK; AND
2) ADOPTING APPROPRIATE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FINDINGS
WHEREAS, environmental investigations have identified elevated concentrations of polychlorinated biphenyls (PCBs) in sediments and embankment soils in and around the Arroyo Viejo Creek corridor, and the creek has been identified as a contributing source of water quality impairment in the San Francisco Bay; and
WHEREAS, the area in need of remediation includes approximately 2,000 linear feet of Arroyo Viejo Creek within the Oakland Coliseum industrial area, bordered by City of Oakland (City) property known to be impacted by PCB contamination; and WHEREAS, the San Francisco Bay Regional Water Quality Control Board identified the City and Union Pacific Railroad (UPRR), which also has a property bordering the creek, as responsible parties and subsequently issued Cleanup Order R2-2022-0032; and WHEREAS, the City and UPRR have agreed to share equally in the costs of investigation and remediation activities, with each party responsible for half of eligible cleanup costs; and WHEREAS, UPRR will perform the investigation and remediation work, and the City will reimburse UPRR for the City’s share of eligible project costs; and WHEREAS, the total anticipated project cost is eight million dollars ($8,000,000), of which the City’s share is four million dollars ($4,000,000); and WHEREAS, the U.S. Environmental Protection Agency (EPA) San Francisco Bay Program grant requires the City to provide a twenty-five percent (25%) non-federal matching fund; and
WHEREAS, the City submitted and was awarded by EPA a three-million-dollar ($3,000,000) grant from the EPA San Francisco Bay Program to pay for a portion of its share of the costs for the remediation effort, covering seventy-five percent (75%) of the City’s cost, with Farrah Hussein (Sep 2, 2026 15:15:28 PDT)
2 the remaining one-million-dollars (25%) being paid from City funds from the Monsanto Settlement; and
WHEREAS, the City desires to accept and appropriate these funds to support the PCB remediation effort of Arroyo Viejo Creek; and
WHEREAS, the City Council finds that the acceptance and appropriation of grant funds is a government fiscal activity and funding mechanism that does not commit the City to any specific project that may result in a potentially significant physical impact on the environment, and therefore does not constitute a “project” subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(4); and WHEREAS, independently, and to the extent this action is deemed to facilitate the Arroyo Viejo Creek PCB Remediation Project, the City Council finds that the action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) (common sense exemption), because the project consists of the investigation and remediation of existing PCB contamination performed pursuant to, and under the regulatory oversight of, San Francisco Bay Regional Water Quality Control Board Cleanup Order No. R2-2022-0032, will restore and enhance water quality in Arroyo Viejo Creek and San Francisco Bay, and it can be seen with certainty that there is no possibility the action may have a significant effect on the environment; and WHEREAS, as separate and independent grounds, the City Council further finds that the action is exempt from CEQA pursuant to CEQA Guidelines sections 15306 (information collection, including site investigation and characterization activities) and 15308 (actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, or enhancement of the environment, with no expansion of use beyond that existing at the time of the determination), because the investigation and remediation activities are undertaken pursuant to and in compliance with Cleanup Order No. R2-2022-0032 for the purpose of protecting and restoring the environment; and
WHEREAS, the City Council further finds that none of the exceptions to the categorical exemptions set forth in CEQA Guidelines section 15300.2 applies, in that the purpose and effect of the project is itself the abatement of the existing hazardous condition under the direction and oversight of the Regional Water Quality Control Board, the project will not have a significant effect on the environment due to unusual circumstances, and the remediation will reduce, not create or exacerbate, hazards at the site; and
WHEREAS, each of the foregoing findings constitutes a separate and independent basis for the City Council’s determination that this action is not subject to, or is exempt from, CEQA, and the City Council’s determination reflects its independent judgment and analysis based on the whole of the record before it; now, therefore, be it
RESOLVED: That the City Council hereby authorizes the City Administrator, or designee, to accept and appropriate grant funds in an amount not to exceed $3,000,000 from the EPA San Francisco Bay Program for the Arroyo Viejo Creek PCB Remediation Project; and be it FURTHER RESOLVED: That the City Administrator, or designee, is authorized to take all actions necessary to implement the Arroyo Viejo Creek PCB Remediation Project consistent 3 with the EPA grant requirements, Site Cleanup Order No. R2-2022-0032, and applicable federal, state, and local laws; and be it
FURTHER RESOLVED: That the City Council authorizes the City Administrator, or designee, to use the EPA grant funds to help pay for the City’s share of eligible costs associated with the Arroyo Viejo Creek PCB Remediation Project; and be it FURTHER RESOLVED: That the EPA grant funds shall be deposited and appropriated into the following City funding code Environmental Protection Agency (2125) fund; and be it FURTHER RESOLVED: That the City Council finds and determines, on the basis of its independent judgment and the whole of the record, that this action complies with CEQA for the reasons stated above, each as a separate and independent basis, and hereby authorizes and directs the City Administrator, or designee, to file a Notice of Exemption with the Alameda County Clerk and the State Clearinghouse, and that the custodian of the documents constituting the record of proceedings is the City Clerk, One Frank H. Ogawa Plaza, Oakland, California; and be it FURTHER RESOLVED: That the City Administrator, or designee, is authorized to execute all grant agreements, amendments, payment requests, reports, certifications, and other documents necessary to accept, appropriate, administer, and implement the EPA grant, subject to review and approval as to form and legality by the City Attorney; and be it FURTHER RESOLVED: That the contracts and amendments shall be reviewed and approved by the City Attorney for form and legality and placed on file in the Office of the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California