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RES-2009-136RESOLUTION NO. 2009- 136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER OR HER DESIGNEE TO SUBMIT AN APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE STATE OF CALIFORNIA AND THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD FOR THE EXPANDED USE CLEAN WATER STATE REVOLVING FUND LOAN PROGRAM AND. IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH PROJECT ASSISTANCE ON BEHALF OF THE CITY OF ANAHEIM. WHEREAS, funds are available through the State of California and the California State Water Resources Control Board under the Expanded Use Clean Water State Revolving Fund Loan Program (the "Grant which is funded by the federal American Recovery and Reinvestment Act of 2009. Said Grant funding may. among other things, fund projects that provide stormwater treatment: and WHEREAS, the City of Anaheim, a municipal corporation and charter city (the City" 1. is familiar with the terms, conditions. and limitations of any such Grant; and WHEREAS, the City's Public Utilities Department, in conjunction with the City's Public Works Department, would like to apply for Grant funds to implement a stormwater infiltration pilot project at the City's Utilities Services Center facility where stormwater flooding frequently occurs (the "Project The Project would include installation of an infiltration well and filtration treatment system, along with a monitoring program to determine impacts to groundwater quality. The Project will allow infiltration of stormwater that would otherwise be directed to the storm drain system. WHEREAS. the City is willing and able to conform to each ofthe terms, conditions, and limitations imposed upon any such Grant to the City; and WHEREAS. the City desires to apply for and accept an allocation of funds through the Expanded Use Clean Water Program Grant which may be awarded to the City. as follows: NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Anaheim 1. That the City shall submit to the State of California and the California State Water Resources Control Board an application to participate in the Expanded Use Clean Water State Revolving Fund Program, which if successful, will provide funding for the Stormwater Infiltration Pilot Project: 2. That the Public Utilities General Manager or her designee is hereby authorized to submit such application including any and all such other documentation as is necessitated by the Grant process for and on behalf of the City of Anaheim, a public entity established under the laws of the State of California; 3. That the Public Utilities General Manager or her designee is authorized to take such actions as are necessary for the purpose of obtaining the assistance provided by the State of California and the California State Water Resources Control Board. including but not limited to, cooperatively working with the State of California and the California State Water Resources Control Board to meet established deadlines for entering into, on behalf of the City of Anaheim, a financial assistance a zreement, and any extensions and amendments thereof consistent with the Protect and Grant <guidelines: 4. That the City of Anaheim agrees and further does authorize the Public Utilities General Manager or her designee to certify as required by the terms of the Grant that the City of Anaheim will comply with all applicable federal and state statutory and regulatory requirements related to any financial assistance funds received; 5. That the City of Anaheim certifies as required by the terms of the Grant that the State Water Board. the Governor of the State, the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, the President of the United States. or any authorized representative of the foregoing, will have suitable access to the Stormwater Infiltration Pilot Project site at all reasonable times during Project construction and thereafter for the life of the Project (not to exceed 25 years': 6. That the City of Anaheim acknowledges that the Project records are public records subject to the California Public Records Act: That the City of Anaheim, Public Utilities Department will provide for operation and maintenance of the Project through its Water Utility Fund or such successor fund throughout the useful life of the Project (not to exceed 25 years); 8. That the City Council of the City of Anaheim hereby agrees to, and by this Resolution. does accept am such Grant so awarded to the City of Anaheim without further action of the City Council being required therefore; y. That the City Council of the City of Anaheim hereby agrees to, and by this Resolution, attests that the City has the capability to provide the funding, if any. andlor in -kind contributions specified in the funding plan; and 10. The annual budget of the City of Anaheim for Fiscal Year 2009 -10 is hereby amended by increasing the appropriations and authorized expenditures in such amount equal to the amount of the Grant funds to be received by the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11th day of August 2009, by the following roll call vote: AYES Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES NONE ABSENT: NONE .ABSTAIN: NONE ATTEST CITY CLERK OF THE CIT OF ANAHEIM 41 1 1 4 j CITY OF ANAHEIM i i MAYOR OF THE C 0 ANAHEIM