RES-2012-056 Resolution No. 2012- 056
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING APPLICATION FOR FUNDS FOR THE
BICYCLE CORRIDOR IMPROVEMENT PROGRAM FUNDED
WITH CONGESTION MITIGATION AND AIR QUALITY
PROGRAM FUNDS UNDER THE 2005 SAFE, ACCOUNTABLE,
FLEXIBLE, EFFICIENT, TRANSPORTATION ACT - LEGACY FOR
USERS OR SUBSEQUENT FEDERAL TRANSPORTATION ACT
FOR THE WEST ANAHEIM TO ARTIC BICYCLE CONNECTOR
PROJECT AND IF AWARDED, AUTHORIZING THE
ACCEPTANCE OF SUCH FUNDING ON BEHLAF OF THE CITY
AND AMENDING THE BUDGET ACCORDINGLY.
WHEREAS, the United State Congress enacted the Safe, Accountable, Flexible,
Efficient, Transportation Equity Act - Legacy for Users August 2005, which makes Congestion
Mitigation and Air Quality funds available to the Orange County Transportation Authority
( "OCTA "); and
WHEREAS, OCTA has established the procedures and criteria for reviewing
proposals; and
WHEREAS, the City of Anaheim ( "City ") possesses authority to nominate
bicycle projects funded using Congestion Mitigation and Air Quality funding (hereinafter the
"Grant ") and to finance, acquire, and construct the proposed project; and
WHEREAS, by formal action the City Council of the City of Anaheim authorizes
the nomination of the ARTIC to West Anaheim 4 District Bikeway Connector Project (the
"Project "), including all understanding and assurances contained therein, and authorizes the
person identified as the official representative of the City of Anaheim, or her designee, to act in
connection with the nomination and to provide such additional information as may be required;
and
WHEREAS, the City of Anaheim will maintain and operate the property
acquired, developed, rehabilitated, or restored for the life of the resultant facility(ies) or activity;
and
WHEREAS, with the approval of the California Department of Transportation
( "Caltrans ") and OCTA, the City or its successors in interest in the property may transfer the
responsibility to maintain and operate the property; and
WHEREAS, the City will give Caltrans and OCTA's representatives access to and
the right to examine all records, books, papers or documents related to the bicycle project; and
WHEREAS, the City will cause work on the project to be commenced within six
months following notification from the State that funds have been authorized to proceed by the
Federal Highway Administration and that the Project will be carried to completion with
reasonable diligence; and
WHEREAS, the City commits $48,607 of the City's Traffic and Transportation
funds to provide 13% of total Project cost as match to the requested $325,293 in OCTA CMAQ
funds for a total Project cost estimated to be $373,900.
WHEREAS, the City will comply where applicable with provisions of the
California Environmental Quality Act, the National Environmental Policy Act, the American
with Disabilities Act, Federal Transit Administration Title VI, and any other federal, state, and /or
local laws, rules and/or regulations;
WHEREAS, the City Council of the Anaheim authorize the execution of any
necessary cooperative agreements between the City of Anaheim and OCTA to facilitate the
delivery of the Project; and
WHEREAS, the City delegates signature authority to the Director of Public
Works, or her designee, to facilitate the delivery of the Project; and
WHEREAS, the City is willing and able to conform to each of the terms,
conditions and limitations imposed upon any such Grant awarded to the City; and
WHEREAS, the City desires to accept any such Grant which may be awarded to
the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
1. That the Anaheim Director of Public Works or her designee is hereby
authorized to submit the Grant Application for the ARTIC to West Anaheim 4 District
Bikeway Connector Project for and on behalf of the City of Anaheim, a public entity
established under the laws of the State of California, and that the Anaheim Director of
Public Works or her designee is authorized to execute any actions necessary for the
purpose of obtaining the assistance provided by the Orange County Transportation
Authority, including any extensions and amendments thereof.
2. 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 therefore and further agrees to commit $48,607
of the City's Traffic and Transportation funds to provide 13% of total Project cost as
match to the requested $325,293 in OCTA CMAQ funds for a total Project cost estimated
to be $373,900.
3. The City of Anaheim hereby agrees to comply with each and all of the
terms, conditions and limitations imposed by OCTA upon said Grant, and the Anaheim
Director of Public Works or her designee is hereby authorized and directed to execute
any agreements, assurances, or other documents as may be necessary in connection with
the acceptance of said Grant as may be required by OCTA, if such Grant is awarded to
the City.
4. 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 19th day of June , 2012, by the following roll
call vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman, Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: /
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
Lai: Utak*.
CITY CLERK OF THE CITY OF A AHEIM
89949.1./bmorley