RES-2018-017RESOLUTION NO: 2018-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DIRCTOR 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 2018 FOR THE MODJESKA PARK: URBAN MODEL
FOR STORM WATER DETENTION AND INFILTRATION
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 2018" ("Grant"); and
WHEREAS, the Modjeska Park: Urban Model for Storm Water Detention and
Infiltration ("Project") will capture storm water runoff that currently flows untreated into the
Pacific Ocean, and will instead recharge the runoff and percolate, into the City's groundwater;
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
Urban Model for Storm Water Detention and Infiltration 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 2100 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 the 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 consists 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 27th day of February 2018, by the
following roll -call vote:
AYES:Mayor Tait and Council Members Moreno, Murray,
Vanderbilt, Barnes, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MA OR OF THE CITY OF ANAHEIM
ATTEST:
A Y CTERk OF THE CITY OF ANAHEIM
126445
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Resolution No. 2018-017 adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 27th day of February, 2018 by the following vote of the members
thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 2711 day of February, 2018.
CITY CL K OF THE CITY OF ANAHEIM
(SEAL)