RES-9749 El Camino Tot Lot Project Grant ApplicationRESOLUTION NO. 9749
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AN APPLICATION
FOR FUNDS UNDER THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD
WASTE TIRE PLAYGROUND COVER GRANT FOR
EL CAMINO TOT LOT PROJECT.
WHEREAS, the California Integrated Waste Management Board (CIWMB) receives
an annual appropriation from the California Tire Recycling Management Fund to administer the
California Tire Recycling Act (Public Resources Code Section 42860 et seq.; herein referred to
as the Act). As part of the Act, CIWMB is offering the Waste Tire Playground Cover Grant
Program (the Playground Cover Grant Program) to encourage the reduction oflandfill disposal
and stockpiling of California waste tires; and
WHEREAS, as the administrator of the Program, the CIWMB has set up necessary
procedures governing program applications for the award of grants to public entities involved
in activities and applications that result in reduced landfill disposal or stockpiling of waste
tires; and
WHEREAS, said procedures established by the C1WMB require the applicant to certify
by resolution approval of the application before submission of said application to the CIWMB;
and
WHEREAS, projects that use tire rubber produced from California waste tires for
surfacing at public playgrounds are eligible to apply for grant funding; and
WHEREAS, the City Council of the City of Orange has included the rehabilitation of
the City-owned EI Camino Park, including the replacement of the tot lot play equipment, in
the City of Orange Seven Year Capitallmprovement Program for Fiscal Years 2001-
02 through 2007-08, dated May 22,
200 I; and WHEREAS, this City Council finds that the replacement of play equipment at
a tot lot at EI Modena Park (the Project) falls within that class of projects which will
not cause a significant effect on the environment and is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15302 of the State CEQA Guidelines
because the Project consists of the replacement of play equipment with equipment that is
substantially the same size, purpose
and capacity; and WHEREAS, this City Council desires to use tire rubber from California
waste tires for surfacing in connection with
WHEREAS, this City Council desires to make an application to C1WMB for grant
funds in the amount of $25,000 under the 2003/2004 Playground Cover Grant Program, which,
if awarded, will be used for the Project; and
WHEREAS, to that end, this City Council finds and determines that the City of Orange
has, and is able to devote to the Project, the sum of at least $12,500 (representing the amount of
funds required by C1WMB to match the funds sought by the City from CIWMB for the Project
under the Playground Cover Grant Program) and such other funds as may be sufficient to
finance the total cost of the; and
WHEREAS, this City Council has duly considered all of the terms and conditions of the
proposed application, in the form submitted by the City Manager, and believes that the submittal
of said application to C1WMB and the execution of a grant agreement and all related documents,
including requests for payment, and the use of any funds obtained from CIWMB under the
Playground Cover Grant Program for the Project (or any portion thereof) is in the best interests of
the City and the health, safety, morals and welfare of its residents, and in accord with the public
purposes and provisions of applicable State and local law and requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Section 1.The foregoing recitals are true and correct.
Section 2. This City Council finds and determines that the Project is exempt from
CEQA pursuant to Section 15302 ofthe State CEQA Guidelines.
Section 3. The City Council authorizes the submittal of an application to the
CIWMB for funds in the amount of $25,000 from the 200312004 Playground Cover Grant
Program. The City Manager of the City of Orange is hereby authorized and empowered to
execute in the name and on behalf of the City of Orange the application and all such other
documentation as CIWMB may require to consider and process the application and to submit
same to CIWMB.
Section 4. The City Council hereby appoints the City Manager as agent of the City
to conduct all negotiations and execute and submit all documents, including, but not limited to,
applications, agreements, amendments, billing statements, requests for payment, and such other
documentation as the City Manager deems necessary and appropriate to consummate the
transaction contemplated by the adoption of this Resolution and to administer the City's
obligations, responsibilities and duties to be performed hereunder and under any agreement
entered into with C1WMB in connection with the Playground Cover Grant Program, and all
actions previously taken by such officers and employees in connection with the application and
contract are ratified and approved.
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Section 5. The City Council certifies that it has (or will have) sufficient funds
available and devoted to the construction of the Project prior to the commencement of
construction thereon, consisting of funds in an amount representing not less than 50% of the
amount of funds to be granted to the City by C1WMB under the Playground Cover Grant
Program for the Project, and including such other funds as may be needed to finance the total
cost of the Project.
ADOPTED this 24th day of June, 2003.
Mark A. Murphy, M City of Orange
ATTEST:
t3J/b>lUA_1A~
Cassandra J. Cathc , City Clerk, City of Orange
1, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council
of the City of Orange at a regular meeting thereof held on the 24th day of June, 2003, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Cavecche
COUNC1LMEMBERS: None
COUNCILMEMBERS: Coontz
COUNCILMEMBERS: None
d:M~
Cassandra J. Cath , City Clerk, City or Orange
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