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RES-2016-173RESOLUTION NO. 2016-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM UNDER THE ORANGE COUNTY LOCAL TRANSPORATION ORDINANCE NO.3 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, 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; 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 (the "Grant"); and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and WHEREAS, OCTA possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and WHEREAS, by formal action the City Council authorizes the nomination of Green Alley BioInfiltration Project (the "Project"), including all understanding and assurances contained therein, and authorizes the Director of Public Works as the official representative of the City of Anaheim ("City") 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 California Environmental Quality Act, 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 Orange County Transportation Authority Board of Directors; and WHEREAS, the City will provide a minimum of 25% in matching funds for the Green Alley BioInfiltration Project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines; 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, 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. 2. The Anaheim Public Works Director, or her designee, is hereby authorized to submit the Grant application 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. -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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 30th day of August, 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None ATTEST CITY CLERK OF THE CITY OFA AHEIM 118617 -3- CITY NAHEI ?,7 MA OR OF THE dITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2016-173 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 30th day of August, 2016, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt NOES: None ABSTAIN: None ABSENT: None IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of August, 2016. I W&O] M�Aj kq FAI (SEAL)