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RES-2012-120 RESOLUTION NO: 2012- 120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES OR HIS DESIGNEE TO SUBMIT THE PAUL REVERE POCKET PARK PROJECT APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR LAND AND WATER CONSERVATION GRANT FUNDS AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDING THE BUDGET ACCORDINGLY. WHEREAS, the Congress under Public Law 88 -578 has authorized the establishment of a federal Land and Water Conservation Fund Grant -In -Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes (the "Grant "); and WHEREAS, the California Department of Parks and Recreation ( "Grantor ") is responsible for administration of the Grant program in the State, setting up necessary rules and procedures governing Applications by local agencies under the Grant program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the City of Anaheim to certify by resolution the approval of Grant Applications and the availability of eligible Matching funds prior to submission of said Grant Applications to the State; and WHEREAS, the proposed Paul Revere Pocket Park Project (the "Project ") is consistent with the most recent California Outdoor Recreation Plan ( "CORP "); and WHEREAS, the Project must be compatible with the land use plans of those jurisdictions immediately surrounding Project; and WHEREAS, the City is familiar with the terms, conditions and limitations of any such Grant; 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. Approves the filing of an Application for Land and Water Conservation Grant Fund assistance. 2. Agrees to abide by SECTION 6(F)(3) of Public Law 88 -578 which states "No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location." 3. Certifies that the City of Anaheim has Matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed. 4. Certifies that the Project is compatible with the land use plans of those jurisdictions immediately surrounding the Project. 5. The Anaheim Director of Community Services, or his designee is hereby authorized to submit a Grant Application for and on behalf of the City of Anaheim, a public entity established under the laws of the State of California, and the Anaheim Director of Community Services, or his designee is authorized to take any actions necessary for the purpose of obtaining financial assistance provided by the Grantor. 6. The City Council of 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. 7. 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 Director of Community Services or his designee is hereby authorized and directed to conduct all negotiations, execute any agreements, assurances, or other documents as may be necessary in connection with completion of the project(s) and the acceptance of said Grant as may be required by the Grantor, if such Grant is awarded to the City. 8. Contingent upon the award of said Grant, the annual budget of the City of Anaheim is hereby amended by increasing revenue and expenditures in an amount equal to the amount of the Grant Funds awarded. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim on this 9 day of October, 2012, by the following roll -call vote: AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MA OR OF HE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 91409.1 /bmorley