RES-10043 Ratifying Amendment to Financial Assistance AgreementRESOLUTION NO. 10043
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE RATIFYING THAT CERTAIN AMENDMENT
TO FINANCIAL ASSISTANCE AGREEMENT BETWEEN
THE CITY OF ORANGE AND THE COUNTY OF ORANGE
RELATING TO THE COUNTY OF ORANGE'S
ALLOCATION OF PER CAPITA GRANT PROGRAM
FUNDS FROM THE STATE OF CALIFORNIA UNDER THE
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND COASTAL PROTECTION
ACT OF 2002; AND AUTHORIZING THE DEPARTMENT
OF PARKS AND RECREATION OF THE STATE OF
CALIFORNIA TO AMEND ITS GRANT CONTRACT WITH
THE CITY OF ORANGE TO REFLECT THE
ASSIGNMENT TO THE CITY OF A PORTION OF
ORANGE COUNTY'S GRANT ALLOCATION.
WHEREAS, by its adoption of Resolution 9714 on March 11,2003, the City Council
of the City of Orange authorized execution of that certain Financial Assistance Agreement by
and between the City and the County of Orange (County) for the purpose of, among other
things, providing funding assistance in the amount of $1,000,000 from the County's allocation
from the State of California under the Safe Neighborhood Parks, Clean Water, Clean Air and
Coastal Protection Bond Act of 2000 (the Prop 12 Bond Act) for the development of what was
then referred to as the "Prospect Street Community Park" and is now known as "Grijalva Park"
the"Project); and
WHEREAS, the City Council of the City of Orange also authorized the City Manager
to request the Department of Parks and Recreation of the State of California (DPR) to amend
the City's Grant Contract for Per Capita Program Funds to reflect the assignment by the County
of a portion of its Prop 12 Bond Act allocation to the City in the amount of $1,000,000.00 (the
County's Prop 12 Per Capita Grant Allocation"); and
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WHEREAS, on July 13, 2004, the City Council approved the terms of that certain
Amendment to Financial Assistance Agreement, dated October 18, 2004 (the "Amendment")
by and between the City and the County for the purpose of substituting the source of the
County's Prop 12 Per Capita Grant Allocation from the Prop 12 Bond Act to the Per Capita
Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Act of2002 (the "Prop 40 Bond Act"); and
WHEREAS, while a copy of the Amendment has been transmitted to DPR, DPR has
requested that the City Council ratify its approval of that amendment in the form of a resolution
and that said resolution be forwarded to DPR to adequately and fully encumber the Prop 40 Per
Capita Funds allocated by the County to the City under the terms ofthe Amendment; and
WHEREAS, the City Council desires to ratifY the Amendment and to authorize the
City Manager to amend the City's Grant Contract with DPR to consummate the transaction
contemplated by the adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Section 1.The forwarding recitals are true and correct.
Section 2. The terms and provisions of the Amendment approved by the City
Council at its regular meeting ofJuly 13, 2004 are hereby ratified and confirmed.
Section 3. DPR is hereby authorized to amend the City's Grant Contract for the
purpose of increasing the City's Per Capita Program Grant Contract in the amount of
1,000,000 to reflect the allocation by the County of that amount from its Prop 40 Bond Act
allocation, as authorized by the County under the terms of the Amendment.
Section 4. The City Manager is authorized and directed to transmit to DPR a
certified copy of this Resolution along with a request that the City's Per Capita Program Grant
Contract with DPR be amended to reflect the assignment by the County of a portion of its Prop
40 Bond Act allocation to the City in the amount of $1 ,000,000.
Section 5. The City Council further authorizes and appoints the City Manager as the
agent for and on behalf of the City to conduct all negotiations and execute and submit all
documents necessary and appropriate to consummate the transaction contemplated by the
adoption of this Resolution, including, but not limited to, the amendment to the City's Per
Capita Program Grant Contract with DPR and such other documentation, agreements and
amendments 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 the Grant Contract,
as the same may be amended, and any other agreements entered into with DPR in connection
with the Program; and all actions previously taken by the City Manager in connection therewith
are ratified and approved.
ADOPTED this 13th day of December, 2005.
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lI.Mark A. Murphy,
Mayor,
ATTEST:
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Mary E. Murp ,
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I, MARY E. MURPHY, 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 13th day of December, 2005, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
f OrangeMaryE.
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