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RES-2012-092 RESOLUTION NO. 2012- 092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR DESIGNEE TO SUBMIT MULTIPLE PROJECT GRANT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE ENVIRONMENTAL CLEANUP PROGRAM ON BEHALF OF THE CITY OF ANAHEIM, AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDING THE BUDGET FOR FISCAL YEAR ACCORDINGLY. WHEREAS, the Orange County Transportation Authority's ( "OCTA ") Environmental Cleanup Program ( "Grant Program "), provides for the allocation of approximately $300 million to improve overall water quality in Orange County from transportation- generated pollution; and WHEREAS, the Grant Program was approved under Orange County Measure M2 ( "M2 "), the half -cent sales tax for transportation improvements approved by Orange County voters in 2006; and WHEREAS, the OCTA Board of Directors ( "Board ") approved a five -year M2 Early Action plan to advance the implementation of several key M2 projects, including the water quality program; and WHEREAS, Grant Program funds will be allocated on a countywide competitive basis to assist jurisdictions in meeting the Clean Water Act for controlling transportation- generated pollution (the "Grant "); and WHEREAS, in May 2010, the Board approved the recommended two -tier grant funding approach; and WHEREAS, the Tier 1 Grant Program is designed to mitigate the more visible form of pollutants and a total of up to $19.5 million is available for Tier 1 Program over a seven year period from fiscal year 2011 -12 through fiscal year 2017 -18; and WHEREAS, the Tier 2 Grant Program consists of funding regional, potentially multi jurisdictional, capital- intensive projects and a total of $28 million is available beginning in fiscal year 2012 -13 through fiscal year 2015 -16; and WHEREAS, the City of Anaheim (the "City ") has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 Grant Program funds; and WHEREAS, the City desires to implement the Environmental Cleanup Program; and WHEREAS, the City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; and WHEREAS, the City will provide matching funds for each project as required by the Orange County Comprehensive Transportation Program Procedures manual; and WHEREAS, the City will not use Measure M2 funds to supplant fair share Developer Fees or other commitments; and WHEREAS, the City is familiar with the terms, conditions and limitations of any such Grant Program; 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 WHEREAS, the City desires to accept any such Grant which may be awarded to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The City Council of the City of Anaheim hereby requests OCTA allocate funds in the amounts specified in the City's applications to City from the Environmental Cleanup 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 transportation - related water quality programs. 2. The Anaheim Public Works Director, or her designee, is hereby authorized to submit the grant applications for and on behalf of the City of Anaheim, a public entity established under the laws of the State of California, and the Anaheim Public Works Director, or her designee, is authorized to take any actions necessary for the purpose of obtaining the Grant funds provided by OCTA. 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 being required therefor. 4. The City of Anaheim hereby agrees to comply with each and all of the terms, conditions and limitations imposed by OCTA upon said Grant, and the Anaheim Public Works Director, or her designee, is hereby authorized and directed to execute any agreements, assurances, or other documents as may be necessary in connection with the acceptance of said Grant as may be required by the OCTA, if such Grant is awarded to the City. 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. -2- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21 day of August, 2012, by the following roll call vote: AYES: Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: Mayor Tait CIT AHEI M OR OF THE C TY OF ANAHEIM ATTEST: /11 ii/ LL I CITY CLE OF THE CITY OF • NAHEIM 90597.1/bmorley -3-