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RES-2010-113RESOLUTION NO. 2010 -113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER FOLLOWING SUBMISSION OF THE APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FOR ITS PROPOSITION 84 FUNDING PROGRAM GRANT, TO ACCEPT SUCH GRANT FUNDING AWARD, TO EXECUTE SUCH AGREEMENTS AND DOCUMENTS AS ARE NECESSARY TO ACCEPT SUCH GRANT FUNDING ON BEHALF OF THE CITY, AND AMENDING THE BUDGET FOR FISCAL YEAR 2010 -2011 ACCORDINGLY. WHEREAS, the City of Anaheim ( "Anaheim ") maintains a water transmission and distribution system for the distribution of water to residents and inhabitants of Anaheim and has the authority to construct, operate and maintain such system; and WHEREAS, Anaheim desires to enhance the provision and protection of the drinking water supplied to the residents and inhabitants of Anaheim by the destruction of abandoned wells that pose a potential threat to groundwater ( "Well Destruction Project "); and WHEREAS, pursuant and subject to all of the terms and provisions of The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 ( "Proposition 84 ") and all amendments thereto, Anaheim submitted an application to the State of California for the Department of Public Health Proposition 84 Funding Program Grant ( "Grant ") on or about January 5, 2010 in the sum of $375,000; and WHEREAS, the California Department of Public Health required that an application be authorized by the City Council of Anaheim and that an authorized representative be designated by Anaheim to submit such application on Anaheim's behalf; and WHERAS, the City of Anaheim authorized its Public Utilities General Manager, on behalf of Anaheim, to submit such application as set forth in Resolution No. 2009 -178; and WHEREAS, the California Department of Public Health further requires that Anaheim designate and authorize an Anaheim representative to: execute, on behalf of Anaheim a Funding Agreement and amendments thereto; approve claims for reimbursement; and sign the Budget and Expenditure Summary, Certification of Project Completion, and Final Release form; and WHEREAS, Anaheim is familiar with the terms, conditions and limitations of any such Grant; and WHEREAS, Anaheim is willing and able to conform to each of the terms, conditions and limitations imposed upon any such Grant to Anaheim; and WHEREAS, Anaheim desires to accept any such Grant as may be awarded to Anaheim; and WHEREAS, the City Council desires to amend the annual budget of Anaheim to reflect and incorporate any Grant so awarded to Anaheim, and to increase the annual appropriations and expenditures in the appropriate Anaheim program to reflect such award. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. 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 Public Utilities General Manager is hereby authorized and directed to execute any and all agreements, assurances, or other documents as may be necessary in connection with the acceptance of said Grant as may be required by the grantor, including but not limited to a Funding Agreement and amendments thereto at such time as the Grant is awarded to Anaheim. 2. The Public Utilities General Manager is authorized to designate a registered engineer: to sign and approve Claims for Reimbursement; and to sign the Budget and Expenditure Summary, Certification of Project Completion, and Final Release forms as required by the Grant. 3. The City of Anaheim, Public Utilities Department will provide for operation and maintenance costs associated with the Project through its Water Utility Fund or such successor fund throughout the useful life of the Project which is estimated to be three years, unless such modification or change is approved in writing by the State of California, Department of Public Health. 4. 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. 5. Contingent upon the award of said Grant and the receipt of Grant funds, the annual budget of the City of Anaheim for Fiscal Year 2010 -2011 is hereby amended by increasing the appropriations and authorized expenditures in an amount not to exceed Three Hundred Seventy -Five Thousand Dollars ($375,000), or in such other amounts as are equal to the amount of the Grant funds received by Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of ,7uly , 2010, by the following roll -call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY OF ANAHEIM MAYOR OF THE (ATiJOF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM COA77709A