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RES-2007-074RESOLUTION NO 2007 -074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I) AUTHORIZING NEGOTIATIONS WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR FUNDING UNDER THE BROWNFIELDS ASSESSMENT GRANT PROGRAM, (II) IF SELECTED FOR SUCH FUNDING, AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT, ANY AMENDMENTS THERETO AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BROWNFIELDS PROGRAM, AND (III) UPON EXECUTION OF A COOPERATIVE AGREEMENT, AMENDING THE BUDGET FOR FISCAL YEAR 2007 -08 ACCORDINGLY WHEREAS, the United States Environmental Protection Agency (the "U.S. EPA issued a Notice of Funding Availability "NOFA for the Brownfields Assessment Grant Program to provide funding for communities and other stakeholders in economic redevelopment to work together to prevent, assess, safely cleanup and sustainably reuse Brownfields; and WHEREAS, the Community Development Department of the City of Anaheim submitted a preliminary proposal (the "City's Proposal to the U.S. EPA for a Brownfields Assessment Grant (an "EPA Grant in accordance with the NOFA; and WHEREAS, based on the City's Proposal, the U.S. EPA has invited the City to negotiate the final form of a Cooperative Agreement providing for an EPA Grant. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Authority to Seek EPA Grant. The Executive Director of the City's Community Development Depaituient, or her designee, is hereby authorized and directed to negotiate with the U.S. EPA with respect to the final from of a Cooperative Agreement providing for an EPA Grant, provided such agreement is acceptable in form to the City Attorney and consistent with the City's Proposal. Section 2. Authority to Execute Documents and Take Further Actions. The Executive Director of the City's Community Development Department. or her designee, is hereby authorized and directed, if the City is selected by the U.S. EPA to receive the Brownfields Assessment Grant funding, to take such other actions as are consistent with the Application, including the execution of the Cooperative Agreement prepared by the U.S. EPA and all other 1 documents and amendments required by the U.S. EPA for participation in the Brownfields Assessment Grant Program. Section 3. Amendment of Budget. Contingent upon the award of a grant and the receipt of funds based upon the Application, the annual budget of the Community Development Department of the City for Fiscal Year 2007 -08 shall be amended by increasing the appropriations and authorized expenditures in the amount equal to the amount of grant funds received by the City. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS FIFTH (5 DAY OF JUNE, 2007 BY THE FOLLOWING ROLL -CALL VOTE: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Gallaway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: C RK OF THE CIT Sf A AHEIM 65572.1 MAYOR OF THE CITY OF ANAHEIM 2