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RES-2011-155 RESOLUTION NO: 2011- 155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES OR HIS DESIGNEE TO SUBMIT THE SANTA ANA RIVERWALK GRANT APPLICATION ON BEHALF OF THE CITY OF ANAHEIM FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDING THE 2011 -12 BUDGET ACCORDINGLY. WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above (the "Grant "); and WHEREAS, the California Natural Resources Agency (the "Grantor ") has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, the City of Anaheim, if selected, will enter into an agreement with the State of California to carry out the Santa Ana Riverwalk Project (the "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. 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 an application for the Santa Ana Riverwalk Project. 2. The City of Anaheim certifies that it understands the assurances and certification in the application. 3. The City of Anaheim certifies that it has or will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements. 4. The City of Anaheim certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code. 5. 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. 6. The City of Anaheim certifies that it 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 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim on 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 OF ANAHEIM By: MA OR OF THE C7 ANAHEIM ATTEST: 4 � �� �.... � _Ill.... . CITY C ERK OF THE CITY OF - NAHEIM 86594. 1 /bmorley