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RES-2014-121 RESOLUTION NO: 2014-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES OR HIS DESIGNEE TO SUBMIT TH� KRAEMER POCKET PARK PROJECT APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE CAI,IFORNIA NATURAL RESOURCES AGENCY FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM (EEMP) AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDiNG THE BUDGET ACCORDINGLY. WHEREAS, the Legislature and Governor of the State of California have enacted Section 164.56 of the California Streets and Highway Code, which is intended to provide grant. funds to local, state and federal agencies and nonprofit entities for projects to enhance ana mitigate the environmental impacts of modified or new public transportation facilities, the Environmental Enhancement and Mitigation Program ("EEMP"} funds (the "Grant"); and WHEREAS, the California Natural Resources Agency ("Grantor") has been delegated the responsibility for the administration of this Grant program, establishing necessarv procedures and criteria, and is required to submit to the California Transportation Commission � list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures established by the California Natural Resource5 Agency require a resolution certifying the approval of an application by the City Council before submission of said application to the State; and WI-_[EREAS, the City of Anaheim ("City"), if selected, will enter into an agreement with the State of California to carry out the Kraemer Pocket Park Project ("Project"); and W�iEREAS, 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 ta the City. NQ� W, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. Approves the filing of an application for Environmental Enhancement and Mitigation Program ("EEMP") funds for the Kraemer Pocket Park. 2. Certifies that City understands the requirements in the Program Guidelines. 3. 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. 4. Certifies that City will record a document against the real property that defines the State's interest in the property. 5. Certifies that City will comply with the provisions of Section 1771.5 of the State Labor Code regarding payment of prevailing wages on Projects awarded EEMP Funds. 6. Certifies that, if applicable, 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 licenses and permits will have been obtained. 7. Certifies that 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 California Government Code Section 65041.1. 8. The Anaheim Director of Community Services, or his designee is hereby auttiorized 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. 9. 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 acti�n of the City Council being required. 10. 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. 11. 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 15th day of Jul� , 2014, by the following roll- call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF AN HEIM l 02987.1 /bmorley _. _