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RES-2018-024RESOLUTION NO. 2018- 024 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER OR DESIGNEE TO SUBMIT A COST SHARING GRANT APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION (RECLAMATION) FOR A CALFED WATER USE EFFICIENCY GRANT TO FUND ANAHEIM'S COMMUNITY WATER ASSISTANCE PROGRAM, TO ACCEPT SUCH GRANT FUNDING AS AWARDED AND ENTER INTO A FINANCING AGREEMENT WITH RECLAMATION, AND TO TAKE SUCH ACTIONS AS ARE NECESSARY IN FURTHERANCE OF THE GRANT; AUTHORIZING THE AMENDMENT OF THE PUBLIC UTILITIES DEPARTMENT BUDGET FOR FISCAL YEAR 2018/2019 AND SUBSEQUENT FISCAL YEARS AS APPROPRIATE; AND DETERMINING THAT THIS RESOLUTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(b)(1) AND SECTIONS 15268, 15301(a) AND (b), 15302(c) AND 15304(b) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. WHEREAS, the City of Anaheim ("City") operates and maintains a municipal water system that serves residents, inhabitants, businesses, visitors, and others, and as such it has a strong interest in ensuring the efficient use of water within its service area; and WHEREAS, in response to drought conditions that had been present in California since at least 2012, the City amended its water conservation and water shortage contingency rules and regulations in 2015 to establish four increasingly strict Water Reduction Plans that may be implemented at levels appropriate for particular water supply conditions (Ana. Mun. Code 10.18); and WHEREAS, in furtherance of its policies favoring water conservation, the City desires to obtain grant funding for its Community Water Assistance Program (Grant Funding), which provides advanced plumbing devices and drought tolerant landscaping to residences and businesses throughout the City to promote the efficient use of water and achieve a quantifiable and sustained water savings; and WHEREAS, the United States Department of the Interior, Bureau of Reclamation (Reclamation) has a stated mission to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public, and in furtherance of this mission Reclamation released a Funding Opportunity Announcement 1 (FOA) in January 2018 entitled 'Bay -Delta Restoration Program: CALFED Water Use Efficiency Grants, California Bay -Day Constituents" (FOA BOR -MP -18-F002); and WHEREAS, the FOA states that the Bay -Delta Restoration Program (Program) includes strategies to address ecosystem health, water supply reliability and water quality, and states further that water use efficiency is a critical element in the successful implementation of the Program; and WHEREAS, the City, a municipal corporation and charter city, is familiar with the terms, conditions, and limitations of Reclamation grant financing, which will be set forth in a financing agreement prepared and required by Reclamation (Financing Agreement); and WHEREAS, the City is willing and able to conform to each of the terms, conditions, and limitations imposed upon the City by Reclamation in the Financing Agreement; and WHEREAS, the City remains supportive of the ongoing efforts to apply for and accept such allocation of Grant Funding by Reclamation as may be awarded to the City; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: The Public Utilities General Manager or designee is hereby authorized and directed to sign and file, for and on behalf of Anaheim, a CALFED Grant Application (Application) for a CALFED Water Use Efficiency Grant in the amount of approximately One Hundred Twenty Five Thousand Dollars ($125,000.00) in Grant Funding to offset the costs of the Community Water Assistance Program, which consists of the following projects designed to lower water use and increase water efficiency within the Anaheim water service area (Projects): a. Direct installation of high -efficiency fixtures and other water efficiency measures for small business customers; b. Turf removal and installation of drought tolerant landscapes for income -qualified residential customers; and c. Direct installation of premium high efficiency toilets (l.l gallons per flush) for income -qualified customers. 2. The Anaheim City Council hereby determines that, in accordance with CEQA and the Title 14 of the California Code of Regulations (CEQA Guidelines), this Resolution and the authorizations and other actions made herein are ministerial acts exempt from CEQA pursuant to Public Resources Code section 21080(b)(1) and Section 15268 of the CEQA Guidelines. The Projects referenced herein are categorically exempt from CEQA under CEQA Guidelines Sections 15301(a) and (b) (negligible or no expansion to existing facilities), 15302(c) (replacement or reconstruction with no expansion of capacity), and 15304(b) (minor alterations of land for water efficiency). City staff is hereby directed to file with the County Clerk a Notice of Exemption within three (3) business days of the adoption of this Resolution. 2 3. The Public Utilities General Manager or designee is designated to provide the assurances, certifications, and commitments required for the Application, including executing a Financing Agreement, and any amendments or changes thereto, within time deadlines established by Reclamation. 4. The Public Utilities General Manager or designee is designated to represent the City of Anaheim in carrying out the City's responsibilities under the Financing Agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws. 5. The Public Utilities General Manager or designee is hereby authorized to accept the Grant Funding for and on behalf of the City of Anaheim. 6. The City Council of the City of Anaheim hereby agrees to accept, and by this Resolution authorizes the Public Utilities General Manager to accept, any such Grant Funding so awarded to the City of Anaheim without further action of the City Council being required. 7. The City Council of the City of Anaheim hereby agrees to provide, and by this Resolution attests that the City has the capability to provide, its fifty percent (50%) matching funds/in-kind contributions as required by the Financing Agreement. 8. The annual budget of the City of Anaheim for Fiscal Year 2018/19, and each subsequent fiscal year during the term of the Financing Agreement, shall be amended by increasing the appropriations and authorized expenditures in amounts equal to the Grant Funding received by the City of Anaheim during each fiscal year. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th Day of March , 2018, by the following vote: AYES: Mayor Tait and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Moreno (/L MAYOR OF THE CITY OF ANAHEIM ATTEST: ITY CLE OF THE CITY OF ANAHEIM CAO# 126759 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2018-024 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 6th day of March, 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Moreno IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March, 2018. CITY CL OF THE CITY OF ANAHEIM (SEAL)