RES-2024-077RESOLUTION NO.2024- 0 7 7
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 2 GRANT PROGRAM
UNDER ORANGE COUNTY LOCAL TRANSPORTATION
ORDINANCE NO. 3 FOR THE STATE COLLEGE STORMWATER
CAPTURE AND CONVEYANCE 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 2 Grant Program consists of
funding design and construction of "regional scale" projects intended to address both visible and
non- visible pollutants in stormwater; 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 State College Stormwater Capture
and Conveyance Project and
WHEREAS, by formal action the City authorizes the nomination of the State
College Stormwater Capture and Conveyance 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 and infrastructure
acquired and installed; and
1
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 2 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 American 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 40% in matching
funds for the State College Stormwater Capture and Conveyance 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 2 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 2 Grant Program for the State College Stormwater Capture and Conveyance
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
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 1 —
Existing Facilities and Class 2 Replacement or Reconstruction) which consists of
the construction minor alteration of existing facilities and reconstruction of existing
facilities involving no expansion of existing use. Section 15303 of the CEQA
Guidelines provides examples of projects that qualify for an exemption from the
provisions of CEQA. One example includes repair of existing public facilities and
another includes minor alteration of existing public utilities systems involving no
expansion of existing use and the other being reconstruction of existing utility
systems involving no expansion. Since the Project consists of the minor minor
alteration and reconstruction of an existing underground pipe system without
increasing its capacity, 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.
3
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 16 day of Jul y , 2024, by the following a roll -call vote:
AYES: Mayor Aitken and Council Members Kurtz, Diaz,
Leon, Rubalcava, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
aERJK OF THE CITY OF ANAHEIM
152298
4
CITY FAN I IEIM
r
MAYOR OF CITY OF ANAHEIM
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. 2024-077 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 161 day of July. 2024 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and
Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 17t" day of July. 2024.
4CITYERK OF THE CITY OF ANAHEIM
(SEAL)