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RES-2011-152 RESOLUTION NO. 2011- 152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HER DESIGNEE TO SUBMIT AN APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE CALIFORNIA NATURAL RESOURCES AGENCY FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAY CODE FOR THE SANTA ANA RIVER TRAIL MITIGATION PROJECT, AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH PROJECT ASSISTANCE ON BEHALF OF THE CITY. WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the California Natural Resources Agency (the "Grantor ") has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Natural Resources Agency require a resolution certifying the approval of an application by the City of Anaheim's governing body before submission of said application; and WHEREAS, the City of Anaheim ( "City ") is applying for grant funds for the Environmental Enhancement and Mitigation Program under Section 164.56 of the Streets and Highway Code for the Santa Ana River Trail Mitigation Project (the "Grant "); and WHEREAS, the application contains assurances that the City must comply with; and WHEREAS, the City, if selected, will enter into an agreement with the State of California to carry out the Santa Ana River Trail Mitigation Project ( "Project "); and WHEREAS, the City is familiar with the terms, conditions and limitations of any such Grant; and WHEREAS, the City is willing and able to conform to each of the terms, conditions and limitations imposed upon any such Grant to the City; and WHEREAS, the City desires to accept any such Grant which may be awarded to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The Anaheim Public Works Director, or her designee is hereby authorized to submit an application for the Grant on and behalf of the City of Anaheim, a public entity established under the laws of the State of California, and the Anaheim Public Works Director, or her designee is authorized to take any actions necessary for the purpose of obtaining financial assistance provided by the Grantor. 2. The City of Anaheim hereby agrees to, and by this resolution, does accept any such Grant so awarded to the City of Anaheim without further action of the City Council being required therefor. 3. The City of Anaheim hereby agrees to comply with each and all of the terms, conditions and limitations imposed by the Grantor upon said Grant, and the Anaheim Public Works Director or her designee is hereby authorized and directed to execute any agreements, assurances, or other documents as may be necessary in connection with the acceptance of said Grant as may be required by the Grantor, if such Grant is awarded to the City. 4. The City of Anaheim certifies that the City will make adequate provisions for the operation and maintenance of the Project. 5. The annual budget of the City of Anaheim is hereby amended by increasing revenue and expenditures in an amount equal to the amount of Grant funds to be received by the City, in the corresponding fiscal year. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25`" day of October, 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None CIT HEIM iii MA OR OF THE C Y OF A Y O NAHEIM ATTEST: a „ ILILr _ 7�/k b CITY CL RK OF THE CI Y OF A AHEIM 86733.1/bmorley 2