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RES-2021-094RESOLUTION NO.2021- 0 9 4 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 UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION FOR THE WATERSMART GRANTS: DROUGHT RESILIENCY PROJECTS FOR FISCAL YEAR 2022 FOR THE STATE COLLEGE BOULEVARD STORMWATER CAPTURE 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 CLASS 1, SECTION 15301 (EXISTING FACILITIES) AND CLASS 2, SECTION 15302 (REPLACEMENT OR RECONSTRUCTION). WHEREAS, the City of Anaheim has prepared an application to apply for federal funding from the United States Department of the Interior, Bureau of Reclamation ("Reclamation") ("Grantor") to assist in the funding of the Drought Resiliency Project; and WHEREAS, the funding opportunity is provided by Reclamation through their Grant Program entitled "WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2022" ("Grant"); and WHEREAS, the State College Boulevard Stormwater Capture Project ("Project") will capture storm water runoff that currently flows untreated to the Santa Ana River and into the Pacific Ocean, and will instead recharge the runoff and percolate at approximately 70 acre-feet of water annually, or 22.8 million gallons, into the City's groundwater; and WHEREAS, the City of Anaheim ("City"), if selected, will enter into an agreement with Reclamation 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 desires 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 State College Boulevard Stormwater Capture Project; 2. Certifies that the City understands the City will work with Reclamation 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 the 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. The City Council finds and documents that the effects of the 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. In addition, pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of pctnber , 2021, by the following roll - call vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM ATTEST: OF THE CITY �OF ANAHEIM 143581 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2021-094 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of October, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia and O'Neil NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of October, 2021. RK OF THE CITY OF ANAHEIM (SEAL)