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RES-2010-121RESOLUTION NO. 2010 -121 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 CERTIFIED UNIFIED PROGRAM AGENCIES ELECTRONIC REPORTING SURCHARGE FUND 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 AND AMENDING THE BUDGET FOR FISCAL YEAR 2010 -2011 ACCORDINGLY. WHEREAS, Assembly Bill (AB) 2286 (Feuer) requires that Certified Unified Program Agencies ( "CUPA ") throughout the state must establish an information exchange between their agency and State of California Environmental Protection Agency ( "Cal/EPA ") utilizing the statewide system known as the California Environmental Report System; and WHEREAS, AB 2286 requires all regulated businesses and Certified Unified Program Agencies to comply with electronic reporting requirements and report program data electronically not later than January 1, 2013. This includes facility data regarding hazardous material regulatory activities, chemical inventories, underground and aboveground storage tanks, and hazardous waste generation and CUPA data such as inspections and enforcement actions; and WHEREAS, AB 2286 authorizes grant funds from the Certified Unified Program Agencies Electronic Reporting Surcharge Fund to be provided to Certified Unified Program Agencies to assist them with implementing electronic reporting requirements (the "Grant "); and WHEREAS, the City of Anaheim is one of two Certified Unified Program Agencies in the County of Orange and the Anaheim Fire Department Hazardous Materials Section is the administrator of the City of Anaheim CUPA and is responsible for implementing electronic reporting requirements required by AB 2286; and WHEREAS, on June 7, 2010, the Anaheim Fire Chief, by and through his designee, submitted an application on behalf of the City of Anaheim CUPA to the Secretary of the California Environmental Protection Agency for said Grant; and WHEREAS, the City of Anaheim CUPA application was approved by Cal/EPA and the City of Anaheim CUPA is now eligible to receive said Grant; and WHEREAS, the City of Anaheim is familiar with the terms, conditions and limitations of said Grant; and WHEREAS, the City of Anaheim is willing and able to conform to each of the terms, conditions and limitations imposed upon the City of Anaheim pursuant to said Grant; and WHEREAS, the City of Anaheim desires to accept the Grant; and WHEREAS, the City Council desires to amend the annual budget of the City of Anaheim to reflect and incorporate the Grant that has been awarded to the City of Anaheim, and to increase the annual appropriations and expenditures in the appropriate City of Anaheim program to reflect such award. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The submission of the application for the Grant by the Anaheim Fire Chief, or his designee, on behalf of the City of Anaheim CUPA to Cal/EPA is hereby ratified and approved. 2. The City Council of the City of Anaheim hereby agrees to, and by this Resolution, does accept the Grant awarded to the City of Anaheim without further action by the City Council being required therefor. 3. 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 Fire Chief, or his designee, is hereby authorized and directed to execute any agreements, assurances, or other documents as may be necessary in connection with the acceptance and implementation of said Grant as may be required by the Grantor. 4. The annual budget of the City of Anaheim for fiscal year 2010 -11 is hereby amended by increasing the appropriations and authorized expenditures in Program No. 101 -310- 2209 -8651 in such amount as is equal to the amount of Grant funds to be received by the City. -2- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of July , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM P By Poo- A - YOR OF THE WFY 75F ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 78161.v 1/MGordon -3-