1 RESOLUTION NO. 2023-
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 (OCTA) FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER
ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3
FOR THE CATCH BASIN SCREEN INSTALLATION PROJECT, AND IF
AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT
FUNDS ON BEHALF OF THE CITY AND AMENDING THE BUDGET
FOR FISCAL YEAR ACCORDINGLY AND DETERMINE THAT THESE
ACTIONS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
GUIDELINE SECTION 15303
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 (“Grant”); 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; and
WHEREAS, OCTA (“Grantor”) has established the procedures and criteria for reviewing proposals; and
WHEREAS, the City of Anaheim (“City”) 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 desires to implement the Catch Basin Screen Installation Project (“Project”); and
WHEREAS, by formal action the City authorizes the nomination of Catch Basin Screen Installation Project, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the Department of Public Works 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
2 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 CEQA, the National Environmental Policy Act, the Americans 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 OCTA Board of Directors; and
WHEREAS, the City of Anaheim will provide a minimum of 20% in matching funds for the Catch Basin Screen Installation Project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City C ouncil of the City of Anaheim as follows:
1. Hereby requests OCTA to allocate funds in the amounts specified in the City's application to the 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; and
2. Authorizes the Director of Public Works, or designee, 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 authorizes the Director of Public Works, or designee, to take any actions necessary for the purpose of obtaining the Grant funds provided by the Grantor; and
3. Agrees to, by this resolution, accept funds for the Environmental Cleanup, Tier 1 Grant Program for the Catch Basin Screen Installation Project without further action of the City Council being required; and
4. Agrees to comply with each and all of the terms, conditions and limitations imposed by the Grantor upon said Grant, and the Director of Public Works, or 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 Projec t and the acceptance of said Grant as may be required by the Grantor, if such Grant is awarded to the City; and 3 5. Contingent upon the award of said Grant, the annual budget of the City of Anaheim is hereby amended by increasing revenue and expe nditures in an amount equal to the amount of the Grant Funds awarded; and
6. 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; and
7. 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 ex emption 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 Project consists of the proposed construction of catch basin screen installation, 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 of Anaheim, Department of Public Works 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 day of , 2023, by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By:
ATTEST: MAYOR OF THE CITY OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
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