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RES-2011-159 RESOLUTION NO. 2011- 159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HER DESIGNEE TO SUBMIT AN APPLICATION ON BEHALF OF THE CITY OF ANAHEIM FOR GRANT FUNDS FOR THE URBAN GREENING 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 PROJECT ASSISTANCE ON BEHALF OF THE CITY AND AMENDING THE BUDGET FOR FISCAL YEAR 2011 -12 ACCORDINGLY. WHEREAS, the Legislature and Governor of the State of California have provided funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) (the "Grant "); and WHEREAS, the Strategic Growth Council ( "Grantor ") has been delegated the responsibility for the administration of this Grant program, establishing necessary procedures; and WHEREAS, said procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s) by the City of Anaheim ( "City ") City Council before submission of said application(s) to the State; and WHEREAS, the City, 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 is willing and able to conform to each of the teens, 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, that the City of Anaheim: 1. Approves the filing of an application for the Santa Ana Riverwalk along the ARTIC site. 2. Certifies that it understands the assurances and certification in the application. 3. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so. 4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 84 Funds. 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained. 6. Certifies that applicant will work towards the Governor's 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. 7. Authorizes the Anaheim Director of Public Works, or her designee 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 Public Works, or her designee is authorized to take any actions necessary for the purpose of obtaining financial assistance provided by the Grantor. 8. 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. 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 Public Works or her 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 15th day of November, 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman and Murray NOES: None ABSENT: Council Member Galloway ABSTAIN: None CITY OF ANAHEIM �� MA OR OF TH CITY OF ANAHEIM ATTEST ii; _IIPAIkAarA CITY C ERK OF THE CITY OF A AHEIM 87093.1 /bmorley 3