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RES-2024-121RESOLUTION NO. 2024- 121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES, OR DESIGNEE, TO SUBMIT AN APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM FOR THE RIVER PARK PROJECT AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH FUNDING 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 Highways Code, which is intended to provide 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 ("Grant"); and WHEREAS, the California Natural Resources Agency ("Grantor") has been delegated the responsibility for the administration of this grant program, establishing necessary procedures and criteria, 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 established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant's governing board before submission of said application(s) to the State; and WHEREAS, the City of Anaheim ("City") if selected, will enter into an agreement with the State of California to carry out the River Park Urban Forestry Project ("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; and WHEREAS, the City Council of the City approves the filing of an application for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The Anaheim Director of Community Services, or his or her designee (hereinafter collectively referred to as the "Director"), is hereby authorized and directed to apply for and submit to the Grantor an application to receive funds under the Grant for the River Park Urban Forestry Project. 2. Approves the filing of an application for the River Park Urban Forestry project; and 3. Certifies that the City understands the assurances and certification in the application; and 4. Certifies that the City will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; and 5. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code; and 6. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, and disabled access laws, and that prior to commencement of construction all applicable permits will have been obtained; and 7. Certifies that the City will work towards the 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; and 8. Appoints the Director of Community Services, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). The City of Anaheim authorizes and directs the Director of Community Services to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope. 9. 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. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim on this I9th day of November, 2024, by the following roll -call vote: AYES: Mayor Pro Tem Kurtz and Council Members Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: Mayor Aitken ABSTAIN: None TY OP ANAHEI f By: MAYOR OF T . CI Y OF t16IEIM _ - � PRO TEM 9LRK OF THE CITY OF ANAHEIM 153710 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-121 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 191h day of November, 2024 by the following vote of the members thereof: AYES: Mayor Pro Tern Kurtz and Council Members Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: Mayor Aitken IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of November, 2024. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)