Loading...
RES-2018-046RESOLUTION NO. 2018- 0 4 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR DESIGNEE TO SUBMIT AN APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY UNDER THE ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, 2018 TIER 1 GRANT PROGRAM FOR MODJESKA PARK UNDERGROUND STORM WATER DETENTION AND INFILTRATION SYSTEM PROJECT AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AMENDING THE BUDGET ACCORDINGLY AND DETERMINING THAT THESE ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GUIDELINE SECTION 15303. WHEREAS, the City of Anaheim has prepared an application to apply for funding from Orange County Transportation Authority ("OCTA") ("Grantor") to assist in the funding of the Environmental Cleanup Project; and WHEREAS, the funding opportunity is provided by OCTA through the Environmental Cleanup Program under the Local Transportation Ordinance No. 3, dated July 24, 2006 (known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan) with funds available to help protect Orange County beaches and waterways from transportation- generated pollution (urban runoff) and improve overall water quality ("Grant"); and WHEREAS, the Environmental Cleanup, 2018 Tier 1 Grant Program provides project funding to mitigate visible forms of pollutants through Best Management Practices; and WHEREAS, the City wishes to apply for the funding for the Modjeska Park Underground Stormwater Detention and Infiltration System Project ("Project"); and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and WHEREAS, the City of Anaheim possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and WHEREAS, the City of Anaheim will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded 2018 Tier 1 Grant Project; and WHEREAS, the City of Anaheim 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 of Anaheim 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 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 the filing of an application for the implementation of the Modjeska Park Underground Storm Water 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 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 Anaheim Director of Public Works, or his/her designee is hereby authorized to submit a 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 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 agrees to comply with each and all of the terms, conditions, and limitations imposed by the Grantor upon said Grant, and the Anaheim Director of Public Works or his/her designee is hereby authorized and directed to conduct all negotiations, execute 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; and 11. 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. 12. 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. 13. 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 3 — New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures, Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of utility extensions including water, sewage, electric, storm drains and street improvements. Since the Proposed Project consists of the proposed construction of a storm water infiltration/retention facility, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. BE IT FURTHER RESOLVED that the City agrees to fund its share of the project costs and any additional costs over the identified programmed amount. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of April , 2018, by the following roll -call vote: AYES: Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring,and Faessel NOES: None ABSENT:Council Member Murray ABSTAIN: None CITY OF ANAH By: _/7e� 11/-Z MAYOR OF THE CITY OF ANAHEIM ATTEST: ACT Y CLERK OF THE CITY OF ANAHEIM 127375 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. 2018-046 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of April,2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: Council Member Murray IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of April, 2018. G CITY CL RK OF THE CITY OF ANAHEIM (SEAL)