RES-2017-024RESOLUTION NO: 2017- 024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RATIFYING AND APPROVING THE ACTIONS OF THE
ANAHEIM DIRECTOR OF PUBLIC WORKS, OR DESIGNEE, IN
SUBMITTING A GRANT APPLICATION ON BEHALF OF THE CITY
OF ANAHEIM TO THE STATE WATER RESOURCES CONTROL
BOARD DIVISION OF FINANCIAL ASSISTANCE FOR THE
PROPOSITION 1 STORM WATER GRANT PROGRAM FOR THE
MODJESKA PARK UNDERGROUND STORMWATER DETENTION
AND INFILTRATION SYSTEM PROJECT AND IF AWARDED,
AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF
OF THE CITY AND AMENDING THE BUDGET ACCORDINGLY
AND DETERMINING THAT THESE ACTIONS ARE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO GUIDELINE SECTIONS 15301 AND 15302.
WHEREAS, the City of Anaheim has prepared an application to apply for funding
from the State Water Resources Control Board's Division of Financial Assistance(" Grantor"); and
WHEREAS, the funding opportunity is provided by State Water Resources Control
Board through their Grant Program for the Storm Water Grant Program's Proposition 1 Round 1
Implementation Grant solicitation ("Grant"); and
WHEREAS, on July 8, 2016, the Public Works Director, through his designee, and
on behalf of the City of Anaheim, submitted an application to Grantor for said Grant; and
WHEREAS, the City received approval for funding by the Grantor for the Modjeska
Park Underground Stormwater Detention and Infiltration System Project ("Project"); and
WHEREAS, the City of Anaheim ("City"), will negotiate and enter into an
agreement with Grantor to carry out the Project; and
WHEREAS, the City is familiar with the terms, conditions and limitations of any such
Grant; and
WHEREAS, the City desire to accept any such Grant which may be awarded to the
City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Anaheim as follows:
1. Approves and ratifies the actions of the Director of Public Works
or designee in the filing of an application for the implementation of the Modjeska Park
Underground Stormwater Detention and Infiltration System Project;
2. Certifies that the City understands the City will work with Grantor to
meet established deadlines for entering into a grant or cooperative agreement; and,
3. Certifies that the City is capable of providing the amount of funding specified
in the application; and,
4. Certifies that the City understands the assurances and certifications in the
application; and,
5. Certifies that the City will have sufficient Funds to operate and maintain the
Project consistent with the land tenure requirements; or will secure the resources to do so;
and
6. Certifies that it will comply with all provisions of Section 1771.5 of the
California Labor Code; and,
7. If applicable, certifies that the Project will comply with any laws and
regulations, legal requirements for building codes, health and safety codes, disabled
access laws, and, that prior to commencement of construction, all applicable permits will
have been obtained; and,
8. The actions of the Director of Public Works, or his/her designee in submitting
the Grant application for and on behalf of the City of Anaheim, a public entity established
under the laws of the State of California, is hereby ratified and approved and the Anaheim
Director of Public Works, or his/her designee is authorized to take any actions necessary for
the purpose of obtaining financial assistance provided by the Grantor; and
9. 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; and
10. The City of Anaheim hereby affirms its compliance and agreement to comply
with each and all of the terms, conditions and limitations imposed by the Grantor upon said
Grant, and the City Council hereby ratifies actions taken by and approves actions to be taken
on behalf of the City by Anaheim Director of Public Works or his/her designee, including but
not limited to, execution of any agreements, assurances, or other documents as may be
necessary in connection with completion of the Project(s) and the acceptance of said Grant as
may be required by the Grantor, if such Grant is awarded to the City.
11. The Director of Public Works, or his/her designee, is designated to provide the
assurances, certifications, and commitments required for the financial assistance application,
including executing a financial assistance agreement from the State Water Resources Control
Board and any amendments or changes thereto.
12. The Director of Public Works, or his/her designee, is designated to represent
the City of Anaheim in carrying out the City of Anaheim's responsibilities under the
assistance agreement, including certifying disbursement requests on behalf of the City of
Anaheim and compliance with applicable requirements.
13. Contingent upon the award of said Grant, the annual budget of the City of
Anaheim is hereby amended by increasing revenue and expenditures in an amount equal to
the amount of the Grant Funds awarded.
14. Pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to
as "CEQA"), the State of California Guidelines for Implementation of the California
Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to
as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the
"lead agency" for the preparation and consideration of environmental documents for the
Proposed Project.
15. The City Council finds and determines that the effects of the Proposed Project
are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities)
which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at
the time of this determination, and (i.e., Class 2, Replacement or Reconstruction) which
consists of replacement or reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structure replaced and will have substantially
the same purpose and capacity as the structure replaced, and that, therefore, pursuant to
Sections 15301 and 15302 of Title 14 of the California Code of Regulations, the Proposed
Project will not cause a significant effect on the environment and is, therefore, categorically
exempt from the provisions of CEQA.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 2 s t_h day of February , 2017, by the following roll -call vote:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes,
Moreno, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: /a,
MAYOR OF tHEYCITY OF ANAHEIM
ATTEST:
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2017-024 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 28th day of February, 2017, by the following vote of the members thereof:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno,
Kring, and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of March, 2017.
CITY CLERK OF THE CITY O ANAHEIM
(SEAL)