RES-2017-066RESOLUTION NO.2017- 0 6 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 ORANGE COUNTY
TRANSPORTATION AUTHORITY UNDER THE ORANGE COUNTY
LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR FUNDS FOR
THE ENVIRONMENTAL CLEANUP, 2017 TIER 1 GRANT PROGRAM
FOR MODJESKA PARK UNDERGROUND STORM WATER
DETENTION AND INFILTRATION SYSTEM PROJECT AND IF
AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT
ON BEHALF OF THE CITY 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 funding from
Orange County Transportation Authority ("OCTA") ("Grantor") to assist in the funding of the
Environmental Cleanup Project; and
WHEREAS, the funding opportunity is provided by OCTA through the Environmental
Cleanup Program under the Local Transportation Ordinance No. 3, dated July 24, 2006 (known and
cited as the Renewed Measure M Transportation Ordinance and Investment Plan) with funds
available to help protect Orange County beaches and waterways from transportation- generated
pollution (urban runoff) and improve overall water quality ("Grant"); and
WHEREAS, the Environmental Cleanup, 2017 Tier 1 Grant Program provides project
funding to mitigate visible forms of pollutants through Best Management Practices; and
WHEREAS, the City wishes to apply for the funding for the Modjeska Park Underground
Stormwater Detention and Infiltration System Project ("Project"); and
WHEREAS, OCTA has established the procedures and criteria for reviewing proposals;
and
WHEREAS, the City of Anaheim possesses authority to nominate water quality
improvement projects that have a transportation pollution nexus to finance and construct the proposed
project; and
WHEREAS, the City of Anaheim will give OCTA's representatives access to and the right
to examine all records, books, papers or documents related to the funded 2017 Tier 1 Grant Project; and
WHEREAS, the City of Anaheim must include all projects funded by Net Revenues in the
seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility
requirement; and
WHEREAS, the City of Anaheim authorizes a formal amendment to the seven-year
Capital Improvement Program to add projects approved for funding upon approval from the Orange
County Transportation Authority Board of Directors; 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 Grantor 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 Anahehn 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 25th day of April , 2017, by the following roll -call vote:
Mayor Tait and Council Members Vanderbilt, Murray, Barnes,
AYES: Moreno, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MAYOR OF TA CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
122103
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. 2017-066 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 25th day of April, 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 27th day of April, 2017.
;"'c
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)