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RES-2013-156RESOLUTION NO. 2013- 15 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RATIFYING AND APPROVING THE ACTION OF THE DIRECTOR OF COMMUNITY SERVICES, OR HIS DESIGNEE, IN SUBMITTING GRANT APPLICATION ON BEHALF OF THE CITY OF ANAHEIM, WITH THE STRATEGIC GROWTH COUNCIL OF THE STATE OF CALIFORNIA UNDER THE URBAN GREENING GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84), AND IN ACCEPTING SUCH GRANT FUNDS ON BEHALF OF THE CITY AND APPROVING INCLUSION OF SUCH FUNDS IN THE RESPECTIVE BUDGETS FOR FISCAL YEAR 2013 -14 WHEREAS, the Legislature and Governor of the State of California have provided funds for the Urban Greening Grant Program under the Safe Drinking, Water, Water. Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) (the "Grant "); and WHEREAS, the Strategic Growth Council (the "Grantor ") has been delegated the responsibility for the administration of this Grant program, establishing necessary procedures: and WHEREAS, said procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS the applicant, if selected, will enter into an agreement with the State of California to carry out the Project; and WHEREAS, the Grantor has been delegated the responsibility for the administration of this Grant program, establishing necessary procedures; and WHEREAS, the Director of Community Services, through his designee, and on behalf of the City of Anaheim, submitted applications to Grantor for said Grants; and WHEREAS, the City is familiar with the terms, conditions and limitations of any such Grants; and WHEREAS, the City is willing and able to conform to each of the terms. conditions and limitations imposed upon any such Grants to the City; and WHEREAS, the City Council hereby affirms acceptance of such Grants; and 1 WHEREAS, said Grant funds have been included in the 2013 -2014 fiscal year budgets increasing the annual appropriations and expenditures in the appropriate City program to reflect such awards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The actions of the Director of Community Services, or his designee in submitting the Grant applications for the Anaheim Cover (Northern Extension) Urban Nature Park ( "Project ") and accepting the Grant funds for the 2013 -2014 fiscal year respectively, for and on behalf of the City of Anaheim, a public entity established under the laws of the State of California are hereby ratified and approved. In addition, the City Council hereby ratifies and approves any and all actions taken by the Director of Community Services, or his respective designee, for the purpose of utilizing these Grant funds for the 2013 -2014 fiscal year, including any amendments, extensions or other actions relating to this Grant. 2. The City Council of the City of Anaheim hereby agrees to, and by this Resolution, does ratify acceptance of 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 affirms its compliance and agreement to comply with each and all of the terms, conditions and limitations imposed by the Grantor upon said Grant, and the City Council hereby ratifies actions taken by and approves actions to be taken on behalf of the City by the Director of Community Services, or his designee, including, but not limited to execution of any agreements, assurances or other documents and any amendments thereto, necessary in connection with the acceptance of said Grant and use of said Grant funds. 4. The City of Anaheim hereby certifies that the City will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so. 5. The City of Anaheim hereby certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 84 Funds. 6. The City of Anaheim, if applicable, certifies that the Project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained. 7. The City of Anaheim hereby certifies that the City will work towards the Governor's State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1. 2 BE IT FURTHER RESOLVED that upon acceptance of these Grant funds, the respective Annual Budgets for Fiscal Year 2013 -14 revenue and expenditure appropriations do include and have included the appropriations and authorized expenditures in the respective programs, or in such other amount as is equal to the amount of Grant funds to be received by the City. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of October , 2013, by the following roll call vote: AYES: Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN�Mayor Tait ATTES CITY CLERK OF TH CITY OF ANAHEIM 97258.1/bmorley CITY OF HEI B .. ' Y MAYOR OF THE CITY OF ANAHEIM 3