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RES-2017-046RESOLUTION NO.2017-0 4 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR DESIGNEE TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION FOR THE WATERSMART GRANTS: DROUGHT RESILIENCY PROJECTS FOR FISCAL YEAR 2017 FOR THE MODJESKA PARK UNDERGROUND STORM WATER 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 SECTION 15303. WHEREAS, the City of Anaheim has prepared an application to apply for federal funding from the United States Department of the Interior, Bureau of Reclamation ("Reclamation") ("Grantor") to assist in the funding of the Drought Resiliency Project; and WHEREAS, the funding opportunity is provided by Reclamation through their Grant Program entitled "WaterSMART Grants: Drought Resiliency Projects for Fiscal Year 2017" ("Grant"); and WHEREAS, the City wishes to apply for the Grant for the Modjeska Park Underground Stormwater Detention and Infiltration System Project ("Project"); and WHEREAS, the City of Anaheim ("City"), if selected, will enter into an agreement with Reclamation 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 the filing of an application for the implementation of the Modjeska Park Underground Storm Water Detention and Infiltration System Project; 2. Certifies that the City understands the City will work with Reclamation to meet established deadlines for entering into a grant or cooperative agreement; and, 3. Certifies that 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 Anaheim Director of Public Works, or his/her designee is hereby authorized to submit a Grant Application for and on behalf of the City of Anaheim, a public entity established under the laws of the State of California, 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 agrees to comply with each and all of the terms, conditions, and limitations imposed by the Grantor upon said Grant, and the Anaheim Director of Public Works or his/her designee is hereby authorized and directed to conduct all negotiations, execute 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; and 11. 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. 12. 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. 13. 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 3 — New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures, Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of utility extensions including water, sewage, electric, storm drains and street improvements. Since the Proposed Project consists of the proposed construction of a storm water infiltration/retention facility, 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 7th day of March , 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 __4 r1z By: _(I/ MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF NAHEIM 120971 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. 2017-046 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of March, 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 9th day of March, 2017. (SEAL)