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RES-2011-153 RESOLUTION NO. 2011- 153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES OR HIS DESIGNEE TO SUBMIT AN APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE STATE DEPARTMENT OF PARKS AND RECREATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM, AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH PROJECT ASSISTANCE ON BEHALF OF THE CITY AND AMENDING THE BUDGET FOR FISCAL YEAR 2011 -12 ACCORDINGLY. WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation (the "Grantor ") has been delegated the responsibility for the administration of the Habitat Conservation Fund ( "HCF ") Program (the "Grant "), setting up necessary procedures governing project application under the HCF Program; and WHEREAS, said procedures established by the grantor require the City of Anaheim (the "City ") to certify by resolution the approval of application(s) before submission of said application(s) to the Grantor; and WHEREAS, the City will enter into a contract with the State of California to complete the project(s); and WHEREAS, the City is familiar with the terms, conditions and limitations of any such Grant; and WHEREAS, the City is willing and able to conform to each of the terms, conditions and limitations imposed upon any such Grant to the City; and WHEREAS, the City desires to accept any such Grant which may be awarded to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The City Council hereby approves the filing of the application for the Habitat Conservation Fund Program. 2. The City of Anaheim certifies that it has or will have available, prior to commencement of any work on the project(s) included in this application, the required match and sufficient funds to complete the project(s). 3. The City of Anaheim certifies that it has or will have sufficient funds to operate and maintain the project(s). 4. The City of Anaheim agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. 5. The City of Anaheim certifies that it has reviewed, understands, and agrees to the provisions contained in the contract shown in the grant administration guide. 6. The City of Anaheim certifies, if applicable, 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, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained. 7. The Anaheim Director of Community Services, or his designee is hereby authorized 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. 8. 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 action of the City Council being required. 9. 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. 10. Contingent upon the award of said Grant, the annual budget of the City of Anaheim for fiscal year 2011 -12 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 this 25th day of October, 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None CITY NAHEIM M YOR OF THE C TY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF NAHEIM 86595. l /bmorley 3