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RES-2017-024RESOLUTION NO: 2017- 024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RATIFYING AND APPROVING THE ACTIONS OF THE ANAHEIM DIRECTOR OF PUBLIC WORKS, OR DESIGNEE, IN SUBMITTING A GRANT APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE STATE WATER RESOURCES CONTROL BOARD DIVISION OF FINANCIAL ASSISTANCE FOR THE PROPOSITION 1 STORM WATER GRANT PROGRAM FOR THE MODJESKA PARK UNDERGROUND STORMWATER DETENTION AND INFILTRATION SYSTEM PROJECT AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDING THE BUDGET ACCORDINGLY AND DETERMINING THAT THESE ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GUIDELINE SECTIONS 15301 AND 15302. WHEREAS, the City of Anaheim has prepared an application to apply for funding from the State Water Resources Control Board's Division of Financial Assistance(" Grantor"); and WHEREAS, the funding opportunity is provided by State Water Resources Control Board through their Grant Program for the Storm Water Grant Program's Proposition 1 Round 1 Implementation Grant solicitation ("Grant"); and WHEREAS, on July 8, 2016, the Public Works Director, through his designee, and on behalf of the City of Anaheim, submitted an application to Grantor for said Grant; and WHEREAS, the City received approval for funding by the Grantor for the Modjeska Park Underground Stormwater Detention and Infiltration System Project ("Project"); and WHEREAS, the City of Anaheim ("City"), will negotiate and enter into an agreement with Grantor to carry out the Project; and WHEREAS, the City is familiar with the terms, conditions and limitations of any such Grant; and WHEREAS, the City desire to accept any such Grant which may be awarded to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim as follows: 1. Approves and ratifies the actions of the Director of Public Works or designee in the filing of an application for the implementation of the Modjeska Park Underground Stormwater Detention and Infiltration System Project; 2. Certifies that the City understands the City will work with Grantor to meet established deadlines for entering into a grant or cooperative agreement; and, 3. Certifies that the City is capable of providing the amount of funding specified in the application; and, 4. Certifies that the City understands the assurances and certifications in the application; and, 5. Certifies that the City will have sufficient Funds to operate and maintain the Project consistent with the land tenure requirements; or will secure the resources to do so; and 6. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code; and, 7. If applicable, certifies that the Project will comply with any laws and regulations, legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained; and, 8. The actions of the Director of Public Works, or his/her designee in submitting the Grant application for and on behalf of the City of Anaheim, a public entity established under the laws of the State of California, is hereby ratified and approved and the Anaheim Director of Public Works, or his/her designee is authorized to take any actions necessary for the purpose of obtaining financial assistance provided by the Grantor; and 9. 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; and 10. The City of Anaheim hereby affirms its compliance and agreement to comply with each and all of the terms, conditions and limitations imposed by the Grantor upon said Grant, and the City Council hereby ratifies actions taken by and approves actions to be taken on behalf of the City by Anaheim Director of Public Works or his/her designee, including but not limited to, execution of any agreements, assurances, or other documents as may be necessary in connection with completion of the Project(s) and the acceptance of said Grant as may be required by the Grantor, if such Grant is awarded to the City. 11. The Director of Public Works, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto. 12. The Director of Public Works, or his/her designee, is designated to represent the City of Anaheim in carrying out the City of Anaheim's responsibilities under the assistance agreement, including certifying disbursement requests on behalf of the City of Anaheim and compliance with applicable requirements. 13. 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. 14. 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. 15. 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) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and (i.e., Class 2, Replacement or Reconstruction) which consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and that, therefore, pursuant to Sections 15301 and 15302 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2 s t_h day of February , 2017, by the following roll -call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: /a, MAYOR OF tHEYCITY OF ANAHEIM ATTEST: CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-024 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of February, 2017, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of March, 2017. CITY CLERK OF THE CITY O ANAHEIM (SEAL)