RES-2006-055RESOLUTION N0. 200,055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT
APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE U. S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR LAND
ACQUISITION TO EXPAND LA PALMA PARK AND, IF AWARDED,
AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF
THE CITY AND AMENDING THE BUDGET FOR FISCAL YEAR 2045-2006
ACCORDINGLY.
WHEREAS, the United States Department of Housing and Urban Development ("HUD")
has heretofore invited public agencies, including the City of Anaheim, to submit application to
receive funding for land acquisition to expand La Palma Park through an Economic Development
Initiative -Special Purpose (EDI-SP} Grant (the "Grant"); and
WHEREAS, the City of Anaheim desires to submit an application for such Grant; and
WHEREAS, the City is familiar with the terms, conditions and limitations of any such
Grant, which terms and conditions include assurances and certifications relating to the institutional,
managerial and financial capability of the City (including funds to pay the non-Federal share of
program costs); the assurance that funds received by City will not be paid to any person for
influencing or attempting to influence any agency employees, Members of Congress or their officers
and employees in connection with awarding extending, renewing, amending or modifying the award
of Federal grant funds; the promise to administer the grant in compliance with Title VI of the Civil
Rights Act, Section 504 of the Rehabilitation Act, the Fair Housing Act, the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Polices
Act of 1970, and the National Environmental Policy Act (collectively, the "Acts"), and any and all
regulations relating to these Acts, as such terms and conditions are set forth more fully in Exhibit
"A" attached hereto and incorporated herein by reference; and
WHEREAS, the City is willing and able to conform to each of the terms, conditions and
limitations imposed upon any such Grant to the City; and
and
WHEREAS, the City desires to accept any such Grant which maybe awarded to the City;
WHEREAS, the City Council desires to amend the annual budget of the City to reflect and
incorporate any Grant so awarded to the City, and to increase the annual appropriations and
expenditures in the appropriate City program to reflect such award.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
l . The City Manager of the City of Anaheim is hereby authorized, on behalf of the City
of Anaheim, to submit an application to HUD for a Grant to fund land acquisition to expand La
Palma Park, and to execute, on behalf of the City, all required Grant documents, and other related
documents, including any extensions and amendments thereof.
2. 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 therefor and hereby authorizes the City Manager to execute any and all
documents required in connection with the acceptance of such Grant so awarded and to take
whatever actions are required to finalize such acceptance.
3. The City of Anaheim hereby agrees to comply with each and all of the terms,
conditions and limitations imposed by the grantor upon such Grant and the City Manager is hereby
authorized and directed to execute any agreements, assurances, or other documents as may be
necessary in connection with the acceptance of such Grant as may be required by the grantor, if such
Grant is awarded to the City.
4. Contingent upon the award of such Grant and the receipt of Grant funds, the annual
budget of the City of Anaheim for Fiscal Year 2005-06 is hereby amended by increasing the
appropriations and authorized expenditures in Program No. 216-213-4727 in the amount of One
Hundred Twenty Four Thousand, Two Hundred Sixty Three Dollars ($ l 24,263.00), or in such other
amounts as are equal to the amount of Grant funds received by the City.
2
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this day of aT ; ~, , 2006, by the following roll call
vote:
AYES: Mayor Pringle, Council Members Si;dhu, gernandez, Gallowa~r, Chavez
NOES : None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
M OF THE F ANAHEIM
ATTEST•
CIT CLER OFT E CITY OF ANAHEIM
61151.1
3
Applicant Assurances U.S. Department of Housing
and Certifications and Urban Development
OMB Approval No.2501-0017
(expires 0113112008)
the HUD-424-B Assurances and
As part of your application for HUD funding, you, as the offiaal authorized to sign on behalf of your organization
or as an individual must provide the following assurances and cer#ifications. By submitting this form, you are stating that to the
best of your knowledge and belief, ail assertions are true and correct.
As the duly authorized representative of the applicant, I certify that the
applicant [Insert below the Name and title of the Authorized Representative,
name of Organization and the date of signature]:
Name: .Title:
Organization: ,Date:
1. Has the legal authority to apply for Federal assistance, has the
institutional, managerial and financial capability (including funds to pay
the non-Federal share of program costs) to plan, manage and complete
the program as described in the application and the governing body
has duly authored the submission of the application, including these
assurances antl certifications, and authorized rye as the official
representative of the applicant to act in connection with the application
and to provide any additional information as may be required.
2. Will administer the grant in compliance with Title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000(d)) and implementing regulations (24 CFR
Part 1), which provide that no person in the United States shall, on the
grounds of race, color or national origin, be excluded from participation
in, be denied the benefits of, or othenMise be subjected to discrimination
under any program or activity that receives Federal financial assistance
OR if the applicant is a Federally recognized Indian tribe ar its tribally
designated housing entity, is subject to the Indian Civil Rights Act
(25 U.S.C. 1301-1303).
3. Will administer the grant in compliance with Secfion 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and implement-
ing regulations at 24 CFR Part 8, and the Age Discrimination Act of 1975
(42 U.S.C. 6101-07), as amended, and implementing regulations at 24
CFR Part 146 which together provide that no person in the United States
shall, on the grounds of disability or age, be excluded from participation
in, be denied the benefits of, or othenMSe be subjected to discrimination
under any program or activity that receives Federal financial assistance;
except if the grant program authorizes or limits participation to designat-
ed populations, then the applicant will comply with the nondiscrimination
requirements within the designated population.
4. Will comply with the Fair Housing Act (42 U.S.C. 3601-19), as
amended, and the implementing regulations at 24 CFR Part 100. which
prohibit discrimination in housing on the basis of race, color, religion,
sex, disability, familial status, or national origin; except an applicant
which is an Indian tribe or its instrumentality which is exGuded by
statute from coverage does not make this certification; and further
except if the grant program authorizes or limits participation
to designated populations, then the applicant will comply with the
nondiscrimination requirements within the designated population.
5. Will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance
and Real Property Acquisition Poiiaes Act of 1970,
as amended (42 U.S.C. 4601) and implementing
regulations at 49 CFR Part 24 and 24 CFR 42,
Subpart A.
6. Will comply with the environmental
requirements of the National Environmental
Policy Act (42 U.S.C.4321 et seq.) and related
Federal authorities prior to the commitment or
expenditure of funds for property acquisition and
physical development activities subject to
implementing regulations at 24 CFR parts 50 or 58.
7, That no Federal appropriated funds have been
paid, or will be paid, by or on behalf of the applicant,
to any person for influencing or attempting to
influence an officer or employee of any agency, a
Member of Congress, and officer or employee of
Congress, or an employee of a Member of Congress,
in connection wtth the awarding of this Federal grant
or its extension, renewal, amendment or modification,
If funds other than Federal appropriated funds have
or will be paid for influencing or attempting to
influence the persons listed above, I shall complete
and submit Standard Farm-LLL, Disclosure Form to
Report Lobbying. I certify that I shall require all sub
awards at all tiers (including sub-grants and contracts)
to similarly certify and disclose acxordingly.
Federally recognized Indian Tribes and tribally
designated housing entities (TDHEs) established by
Federally-recognized Indian tribes as a result of the
exercise of the tribe's sovereign power are excluded
from coverage by the Byrd Amendment, but State-
recognized Indian tribes and TDHEs established
under State law are not excluded from the statute`s
coverage.
These certifications and assurances are material
representations ofthe fact upon which HUD can rely
when awarding a grant. If it is later determined that,
f the applicant, knowingly made an erroneous
certffication or assurance, I may be subject to
criminal prosecution. HUD may also terminate the
grant and take other available remedies.
form HUD~424-B (0212004)
EIHIBIT A