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RES-2009-180RESOLUTION NO. 2009 -180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY ACCEPTING A GRANT OF FUNDS FROM THE ABOVEGROUND PETROLEUM STORAGE TANK ACT AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE TO SIGN THE AGREEMENT AND ANY OR ALL OTHER DOCUMENTS RELATING TO RECEIPT AND ADMINISTRATION OF SUCH GRANT FUNDS. WHEREAS, the California Legislature has transferred the responsibility for the implementation, enforcement and administration of the Aboveground Petroleum Storage Act (APSA) from the Regional Water Quality Control Board to the Certified Unified Program Agencies (CUPA's). The City of Anaheim is one of two CUPA's in the County of Orange and the Fire Department is the administrator of the Anaheim CUPA; and WHEREAS, Legislation that became effective January 1, 2008, created an Environmental Protection Trust Fund for training CUPA personnel and funding the CUPA's costs to implement the ASPA. The City of Anaheim, along with each of the other CUPAs in the State of California submitted its list of Aboveground Storage Tank (AST) facilities in the form of a Grant Application through which a fund distribution formula was developed to determine the total allocation for each CUPA; and WHEREAS, the City of Anaheim CUPA application was approved and the Anaheim CUPA allocation was increased by $3,205.59 for a new total grant allocation of Sixty One Thousand, Six Hundred Sixty Six Dollars and Fifteen Cents ($61,666.15); and WHEREAS, the City Council wishes to approve the Amended Agreement, and accept the Grant Funds to be used in accordance with the "Aboveground Petroleum Storage Act Program Grant Agreement Between the California Environmental Protection Agency and City of Anaheim Certified Unified Program Agency, Amended Agreement No. 07- 629 -550 and the Aboveground Petroleum Storage Act (ASPA) ( "Grant Application "), (collectively referred to as "Agreement "), attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City desires to accept the Grant funds; and WHEREAS, any such Grant so awarded to the City shall be incorporated into the Budget for Fiscal Year 2009 -2010 within the appropriate CUPA program to reflect such award. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: The City Council hereby agrees to and by this Resolution, does accept any and all such Grant funds in the amount of $61,666.15 or such additional funds as may otherwise be awarded, in accordance with the Amended Agreement and the Grant Application set forth herein above. 2. The City Council of the City of Anaheim hereby agrees to use the Grant funds made available pursuant to California Health and Safety Code, section 25270.11, per the Agreement and any amendment thereto and to comply with each and all of the terms, conditions and limitations imposed upon the City of Anaheim CUPA through such Agreement and Grant Application, and does hereby authorize and direct the Anaheim Fire Chief, or his designee, to take any and all actions necessary to obtain, distribute, or administer the Grant funds, including the execution for, and on behalf of the City of Anaheim, of any agreements, assurances, or other documents, including but not limited to extensions and amendments, as may be required by the Grantor. 3. The City Council certifies that the City of Anaheim CUPA is in substantial compliance with all applicable laws and regulations relating to the CUPA. 4. The annual budget of the City of Anaheim for fiscal year 2009 -2010 will reflect the increased appropriations for the CUPA consistent with the Grant and authorized expenditures in Program No. 101 - 310 - 2209 -3205 in the amount of $61,666.15, or in such other amount as is equal to the amount of Grant funds to be received by the City. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 5th day of December 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE AN MAYOR OF THE'CITY VF ANAHEIM ATTEST: CITY CLERK OF THE CITY OFkNAHEIM 74553.1