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RES-2011-021RESOLUTION NO. 2011- 021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER OR HER DESIGNEE TO SUBMIT A COST SHARING MATCHING GRANT APPLICATION FOR THE DEVELOPMENT OF A FEASIBILITY STUDY UNDER THE TITLE XVI WATER RECLAMATION AND REUSE PROGRAM, TO ACCEPT SUCH FUNDS AS AWARDED, ON BEHALF OF THE CITY OF ANAHEIM, FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR POLICY AND ADMINISTRATION BUREAU OF RECLAMATION, TO TAKE SUCH ACTIONS IN FURTHERANCE OF THE GRANT, AND AMENDING THE BUDGET FOR FISCAL YEAR 2010/2011. WHEREAS, Title XVI of P.L. 102 -575, as amended, provides authority to the United States Department of the Interior Policy and Administration Bureau of Reclamation ( "Bureau ") for the water recycling and reuse program, entitled "Title XVI"; and, WHEREAS, The Title XVI program is focused on identifying and investigating opportunities to reclaim and reuse wastewaters and naturally impaired ground and surface water in the State of California; and, WHEREAS, the Bureau has budgeted under Title XVI funding for planning studies and the construction of water recycling projects, on a project specific basis, in partnership with local governmental entities; and, WHEREAS, prior to any construction funding of any project authorized under Title XVI, the Bureau requires that a local agency prepare a Title XVI feasibility study; and, WHEREAS, the Bureau offers grant funding to assist local agencies with the development of new Title XVI feasibility studies; and, WHEREAS, the City of Anaheim ( "City ") is committed to realizing potential benefits from water recycling and reuse projects that are eligible for Title XVI cost share matching funds and has submitted an application in response to a Bureau funding announcement, entitled WaterSmart: Development of Feasibility Studies under Title XVI Water Reclamation and Reuse Program, Funding Opportunity Announcement Number Rl 1 SF80310 ( "Grant'), which will provide cost sharing for the Ball Road Recycled Water Project; and WHEREAS, the City, a municipal corporation and charter city, is familiar with the terms, conditions, and limitations of any such Grant; and WHEREAS, the City is willing and able to conform to each of the terms, conditions, and limitations imposed upon any such Grant to the City; and 1 WHEREAS, the City remains supportive of the ongoing efforts to apply for and accept such allocation of funds through the Title XVI Program as may be awarded to the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The Public Utilities General Manager, or her designee, is and was authorized to submit an application for and on behalf of the City of Anaheim, a public entity established under the laws of the State of California, for the Grant in amount of approximately Seventy -Eight Thousand and Sixty Dollars ($78,060.00) to offset the costs of the Title XVI feasibility study for the Ball Road Recycled Water Project. 2. The Public Utilities General Manager, or her designee, is hereby authorized and directed to execute any agreements, certificates and /or assurances, reports, plans, payment requests, or other documents, including but not limited to a Grant Cooperative Agreement, as may be necessary for the purpose of obtaining assistance provided by the Bureau, including any extensions and amendments thereof, which may be necessary for the completion of the Title XVI feasibility study for the Ball Road Recycled Water Project. 3. 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 of the City of Anaheim being required therefore. 4. The City Council of the City of Anaheim hereby agrees to, and by this Resolution, attests that the City has the capability to provide Fifty Percent (50 %) matching funds /in -kind contributions as required by the Grant. 5. 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. 6. The City of Anaheim hereby agrees to work with the Bureau to meet established deadlines for entering into a cooperative agreement, if required. 7. The City Council hereby determines and finds that, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the adoption of this Resolution by the City Council is not subject to CEQA pursuant to State CEQA Guidelines sections 15060(c)(2) because the activity approved by this Resolution will not result in a direct or reasonably foreseeable indirect physical change in the environment. 8. The annual budget of the City of Anaheim for Fiscal Year 2010/11 is hereby amended by increasing the appropriations and authorized expenditures in such amount equal to the amount of Grant to be received by the City of Anaheim. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th Day of March , 2011, by the following vote: AYES: Mayor Council Members Sidhu, Eastman, Galloway, Murray NOES: NONE ABSTAIN: NONE ABSENT: NONE MAYOR OF THE CITY OF ANAHEIM ATTEST. CITY CLERK CAO# 81656