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RES-2015-019 RESOLUTION NO. 2015- 019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF WATER RESOURCES FOR THE 2014 WATER-ENERGY GRANT PROGRAM FOR THE DAD MILLER GOLF COURSE WATER ENERGY PROJECT ON BEHALF Of THE CITY OF ANAHEIM, AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH FUNDING ON BEHALF OF THE CITY AND AMENDING THE BUDGET ACCORDINGLY. WHEREAS, on March 1, 2014, through Senate Bill (SB) 103, Section 11 (2013-2014 Regular Session), a funding program was approved by the Governar, which appropriated funds from the Greenhouse Gas Reduction Fund (Health and Safety Code 39710 et seq.) to the Department of Water Resources ("Grantor") to establish a grant program; and WHEREAS, the Department of Water Resources ("DWR") is making $19 million in funding available through the 2014 Water-Energy grant solicitation. The maximum award is $2.5 million per proposal, and DWR will not award more than $5 million per applicant; and WHEREAS, the purpose of the 2014 Water-Energy Grant Program is to provide grant funding to eligible applicants to support the implementation of residential, commercial, and institutional water efficiency programs or projects that reduce greenhouse gas emissions as well as water and energy usage ("Grant"); and WHEREAS, the DWR has established the procedures and criteria for reviewing proposals; and WHEREAS, the City of Anaheim possesses authority to nominate water and energy improvement projects that have a greenhouse gas emissions reduction nexus and has the ability to manage grant funds and construct or implement proposed project(s); and WHEREAS, by formal action the Anaheim City Council authorizes the nomination of the Dad Miller Golf Course Water-Energy Project (the "Project"), including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of Anaheim to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the City of Anaheim will maintain and operate the proposed improvements; and -1- WHEREAS, the City of Anaheim will give the DWR's representatives access to and the right to examine all recerds, books, papers or documents related to the funded Water-Energy Project; and WHEREAS, said procedures established by the DWR require a resolution certifying the approval of an application by the Applicants governing board before the submission of said application to the State, or no later than March 2, 2015; and WHEREAS, the City of Anaheim, if selected, will enter into an agreement with the State of California DWR tu carry out 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 designee (hereinafter collectively referred to as the "Director"), is hereby authorized and directed to apply for and submit an application to the California Department of Water Resources to obtain a 2014 Water-Energy Grant pursuant to Senate Bill No. 103 Section 11 (2013-2014 Regular Session), on behalf of the City of Anaheim, a public entity established under the laws of the State of California. The City of Anaheim hereby agrees to comply with each and all terms, conditions, and limitations imposed by the Grantor upon said Grant, and if approved, the Director is hereby authorized and directed to enter into, execute, and deliver an agreement to receive the Grant for the Dad Miller Golf Course Project and is authorized to enter into and execute any and all other documents required or deemed necessary or appropriate to secure the Grant from the Grantor, and all amendments thereto (collectively, the "Grant Documents"). 2. The City of Anaheim certifies that it understand the requirements in the Program Guidelines. 3. The City of Anaheim certifies that the City will have sufficient funds to operate and maintain the Project. 4. The City of Anaheim agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. The City of Anaheim further 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 licenses and permits will have been obtained 5. The City Council of the City of Anaheim hereby 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, which may be necessary for the completion of the aforementioned Project. 6. The City Council of the City of Anaheim hereby agrees to, and by resolution, does accept -2- any such Grant so awarded to the City of Anaheim without further action of the City Council being required. 7. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3rd day of February , 2015, by the following roll call vote: AYES: �yor Tait, Council Members Kring, Murray, Brandman and Vanderbilt NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: M YOR OF T E CITY OF ANAHEIM ATTEST: CITY CLERK OF T E CITY OF ANAHEIM 106946.1 /bmorley -3-