RES-2023-071RESOLUTION NO.2023- 071
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 (OCTA) FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER
ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3
FOR THE CATCH BASIN SCREEN INSTALLATION PROJECT, AND IF
AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT
FUNDS ON BEHALF OF THE CITY AND AMENDING THE BUDGET
FOR FISCAL YEAR ACCORDINGLY AND DETERMINE THAT THESE
ACTIONS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
GUIDELINE SECTION 15303
WHEREAS, Orange County Local Transportation Ordinance No. 3, dated July 24,
2006, and is known and cited as the Renewed Measure M Transportation Ordinance and
Investment Plan makes funds available through the Environmental Cleanup Program 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, Tier 1 Grant Program consists of funding
purchases and installation to catch basins with Best Management Practices, such as screens, filters,
inserts, and other "street -scale" low flow diversion projects; and
WHEREAS, OCTA ("Grantor") has established the procedures and criteria for
reviewing proposals; and
WHEREAS, the City of Anaheim ("City") 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 desires to implement the Catch Basin Screen Installation
Project ("Project"); and
WHEREAS, by formal action the City authorizes the nomination of Catch Basin
Screen Installation Project, including all understanding and assurances contained therein, and
authorizes the person identified as the official representative of the Department of Public Works
to act in connection with the nomination and to provide such additional information as may be
required; and
WHEREAS, the City will maintain and operate the equipment acquired and
installed; and
WHEREAS, the City will give OCTA's representatives access to and the right to
examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and
WHEREAS, the City will cause work on the project to be commenced within a
reasonable time after receipt of notification from OCTA and that the Project will be carried to
completion with reasonable diligence; and
WHEREAS, the City will comply where applicable with provisions of the CEQA,
the National Environmental Policy Act, the Americans with Disabilities Act, and any other federal,
state, and/or local laws, rules and/or regulations; and
WHEREAS, the City 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 authorizes a formal amendment to the seven-year Capital
Improvement Program to add projects approved for funding upon approval from
the OCTA Board of Directors; and
WHEREAS, the City of Anaheim will provide a minimum of 20% in matching
funds for the Catch Basin Screen Installation Project as required by the Orange County
Comprehensive Transportation Funding Programs Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Anaheim as follows:
1. Hereby requests OCTA to allocate funds in the amounts specified in the
City's application to the City from the Environmental Cleanup, Tier 1 Grant Program. Said funds
shall be matched by funds from City as required and shall be used as supplemental funding to aid
the City in supplementing existing programs; and
2. Authorizes the Director of Public Works, or designee, 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 authorizes the Director of Public Works, or designee, to take any
actions necessary for the purpose of obtaining the Grant funds provided by the Grantor; and
3. Agrees to, by this resolution, accept funds for the Environmental Cleanup,
Tier 1 Grant Program for the Catch Basin Screen Installation Project without further action of the
City Council being required; and
4. Agrees to comply with each and all of the terms, conditions and limitations
imposed by the Grantor upon said Grant, and the Director of Public Works, or 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 and the acceptance
of said Grant as may be required by the Grantor, if such Grant is awarded to the City; and
2
5. 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; and
6. 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; and
7. 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 Project consists of the proposed construction of catch basin screen
installation, the Proposed Project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA.
BE IT FURTHER RESOLVED that the City of Anaheim, Department of Public
Works agrees to fund its share of the project costs and any additional costs over the identified
programmed amount.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 1 day of August , 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
CITY OF ANAHEIM
By:
MAYOR OF CITY OF ANAHEIM
CI CLERK OF THE CITY OF ANAHEIM
149378/bmorley
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. 2023-071 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 151h day of August, 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 16th day of August, 2023.
C E -
CIT CLERK OF THE CITY OF ANAHEIM
(SEAL)