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RES-2023-021RESOLUTION NO. 2023- 021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR DESIGNEES TO SUBMIT, ON BEHALF OF THE CITY OF ANAHEIM, APPLICATIONS FOR ANY AND ALL FEDERAL, STATE, AND/OR LOCAL GRANTS AND REBATES TO FUND UPGRADES, IMPROVEMENTS, PLANS, PROGRAMS, OR INNOVATIVE TECHNOLOGICAL ADVANCEMENTS TO THE CITY OF ANAHEIM'S PUBLIC WORKS INFRASTRUCTURE, OPERATIONS, EQUIPMENT, AND SYSTEMS; TO ACCEPT SUCH GRANT AND REBATE FUNDING AS AWARDED AND PROVIDE MATCHING FUNDS, WHERE APPLICABLE; AND TO TAKE SUCH ACTIONS IN FURTHERANCE OF SUCH GRANTS AND REBATES, INCLUDING THE EXECUTION OF ANY AGREEMENTS AND OTHER DOCUMENTS NECESSARY OR ADVISABLE IN THE FURTHERANCE OF THE RECEIPT OF SUCH GRANTS AND REBATES; AND DETERMINING THAT THIS RESOLUTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15004(b)(4), 15060(c)(2)-(3), 15061(b)(3), 15352(a), AND 15378(b) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. WHEREAS, the City of Anaheim ("Anaheim") operates and maintains property, buildings, equipment and public works for the residents and businesses of Anaheim; and WHEREAS, the Anaheim Department of Public Works ("Public Works") seeks opportunities to minimize administrative and fiscal burdens for the benefit of its residents and businesses, while remaining in a position to maintain a high public service reliability, and WHEREAS, Anaheim is eligible to receive various federal, state, and/or local funding grants and rebates to offset the cost of development, maintenance, and/or modernization of its equipment, infrastructure, operations, technology systems, and sustainable resources and supplies; to develop -planning and feasibility studies; to develop and implement efficiency programs; and to promote workforce development opportunities ("Public Works Grants"); and WHEREAS, Public Works proactively seeks grant and rebate opportunities for Public Works Grants for which Anaheim may be eligible; and WHEREAS, the Federal government recently passed acts that have created and are continuing to create new sources of funding for Public Works Grants. These federal acts include, among others, the Inflation Reduction Act of 2022, the Infrastructure Investment and Jobs Act, and the American Rescue Plan Act of 2021, which acts have in turn resulted in the creation of various state and local programs that are designed to implement and distribute federal grant funding for, among other things, Public Works Grants. The State of California has also separately passed various state bills that provide funding for Public Works Grants, including, among others, the Road Repair and Accountability Act known as "SB L" These and other federal, state, and local laws and programs are collectively referred to as "Grant Sources"; and WHEREAS, the Grant Sources provide funding for transportation planning, infrastructure, bridge preventive maintenance, public spaces and facilities improvements, equity advancements, emission reductions, public works equipment, drought resiliency, climate impacts, storm water infiltration and improvements, environmental cleanup, active transportation, hazard mitigation, clean transportation, alternative fuels, urban and community forestry, pedestrian, bicycle, vehicular and highway safety, safe routes to school, transit and rail mobility, traffic signal synchronization, alternative transportation modes, and various funding earmarks; and WHEREAS, the Grant Sources are administered by various federal, state, and local agencies. Federal agencies include, among others, the Department of Energy, Department of Homeland Security Federal Emergency Management Agency, the Department of Transportation Federal Highway Administration, Federal Railroad Administration, Federal Transit Administration, the United States Department of the Interior, and Bureau of Reclamation. State agencies include, among others, California Department of Transportation, California Natural Resources Agency, Department of Forestry and Fire Protection, Air Resources Board, Department of Parks and Recreation, Department of Fish and Wildlife, Wildlife Conservation Board, Governor's Office of Emergency Services, Governor's Office of Planning and Research, Governor's Office of Emergency Services, the California Energy Commission, the State Water Resources Control Board, the Department of Water Resources, and the California Air Resources Board. Local agencies include, among others, The Metropolitan Water District of Southern California, the Santa Ana Watershed Project Authority, Orange County Water District, The Municipal Water District of Orange County, Southern California Association of Governments, and Orange County Transportation Authority. Together, these federal, state, and local agencies are referred to as "Grantor" or "Grantors"; and WHEREAS, Anaheim desires to apply to the Grantors for consideration to receive Public Works Grants for which Anaheim is eligible in order to offset Public Work's costs and improve service to its customers; and WHEREAS, Anaheim would agree to provide matching funds, where applicable, as required by the Grant Sources; and WHEREAS, the procedure to apply for and receive Public Works Grants often involves a multi -stage application process with short deadlines and no grace periods. Typically, Anaheim must demonstrate eligibility and merit by preparing and submitting detailed economic, project, and infrastructure reports and studies, which preparation often requires assistance by experts and consultants retained by Anaheim. Often, Anaheim must also execute agreements, assignments, certifications, assurances, affidavits, and other documents in order to receive Public Works Grants; and WHEREAS, the multi -stage application process for many Public Works Grants requires Anaheim to quickly make decisions, retain consultants, and execute necessary documents in order 2 to meet application deadlines set by federal, state, and local rules and regulations. These tight deadlines often make it extremely difficult for the City Council to timely review and approve all necessary actions, resulting in the loss of rebate and/or grant opportunities; and WHEREAS, the City Council desires to delegate authority to the Director of Public Works or designees to take all necessary or advisable actions to apply for and obtain Public Works Grants that are made available by the Grant Sources, including, without limitation: (1) to execute all rebate and grant -related documents and agreements (e.g., applications, master agreements, program - supplemental agreements, fund -exchange agreements, matching -fund agreements, fund -transfer agreements, memoranda of understanding, operating agreements, consulting agreements, and amendments) and other documents and agreements (e.g., operating agreements, retainer agreements, service agreements, and procurement agreements); (2) to execute other required documents (e.g., certifications, assurances, loan agreements, audit documents, compliance reports, and warranties); (3) to take any actions necessary or advisable to implement agreements and other documents that are necessary for Public Works Grants awarded to Anaheim; and (4) to account for any Public Works Grant and/or tax credit or other financial benefits received by Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The City Council agrees by this Resolution to accept any Public Works Grants awarded to Anaheim without further action of the City Council. 2. The City Council agrees by this Resolution to comply with all terms, conditions, limitations, and other requirements imposed by the Grant Sources, including certifying disbursement requests on behalf of Anaheim and compliance with applicable local, state, and federal laws imposed by any Grantor on any Public Works Grant received by Anaheim without further action of the City Council. 3. The City Council agrees by this Resolution to provide, where applicable, matching funds as required by the Grant Sources. 4. The Director of Public Works or designees are authorized and directed on behalf of Anaheim: (1) to apply for and obtain Public Works Grants made available by Grant Sources; (2) to negotiate, provide, and execute, including, without limitation, any agreements, assurances, certifications, affidavits, commitments, reports, plans, payment requests, or other documents, including any amendments or changes thereto, as may be necessary or advisable in connection with applying for and receiving Public Works Grants; and (3) to take any actions necessary or advisable to implement such received Public Works Grants. 5. For any Public Works Grant, credit, and/or other financial benefit awarded to Anaheim, the Department of Public Works is authorized to account for such financial benefit in the fiscal years of the award by increasing the appropriations and authorized expenditures in amounts equal to such Public Works Grant or otherwise to seek City Council authorization to amend its budget. 3 6. The City Council finds and determines that this Resolution is not subject to the California Environmental Quality Act (Public Resources Code, § § 21000 et seq., herein referred to as "CEQA") pursuant to sections 15004(b)(4), 15060(c)(2)-(3), 15061(b)(3), 15352(a), and 15378(b) of Title 14 of the California Code of Regulations ("CEQA Guidelines") because this action (1) does not result in any binding commitment by the City to authorize or advance any development activity, (2) will not result in a direct or indirect physical change in the environment, and (3) does not constitute an "approval" of a "project." 7. This Resolution is effective indefinitely, until rescinded, for any and all Anaheim efforts to apply for and obtain Public Works Grants made available by the Grant Sources. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2 8 th day of March , 2023, by the following roll -call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None 148218 CITY OF ANAHEIM MAYOR OF CITY OF ANAHEIM F1 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2023-021 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 281h day of March, 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 291h day of March, 2023. CITY CL RK OF THE CITY OF ANAHEIM (SEAL)