RES-2013-155RESOLUTION NO. 2013-15 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM RATIFYING AND APPROVING THE ACTION OF
THE DIRECTOR OF COMMUNITY SERVICES, OR HIS
DESIGNEE, IN SUBMITTING GRANT APPLICATION ON
BEHALF OF THE CITY OF ANAHEIM, FOR THE BICYCLE
CORRIDOR IMPROVEMENT PROGRAM FUNDED WITH
CONGESTION MITIGATION AND AIR QUALITY PROGRAM
FUNDING UNDER THE MOVING AHEAD FOR PROGRESS
IN THE 21 CENTURY FEDERAL TRANSPORTATION ACT
FOR ANAHEIM COVES NORTHERN EXTENSION PROJECT,
AND IN ACCEPTING SUCH GRANT FUNDS ON BEHALF OF
THE CITY AND APPROVING INCLUSION OF SUCH FUNDS
IN THE RESPECTIVE BUDGETS FOR FISCAL YEAR 2013 -14
WHEREAS, the United State Congress enacted the Moving Ahead for Progress in
the 21st Century (MAP -21) Federal Transportation Act on July 6, 2012, which makes
Congestion Mitigation and Air Quality funds available to the Orange County Transportation
Authority ( "OCTA "); and
WHEREAS, OCTA ( "Grantor ") has the authority to use Transportation
Alternatives Program funds, or similar fund source, in place of Congestion Mitigation and Air
Quality ( "CMAQ ") for awarded funds through the BCIP Call for Projects (the "Grant "); and
WHEREAS, OCTA has established the procedures and criteria for reviewing
proposals; and
WHEREAS, the City of Anaheim possesses authority to nominate bicycle
projects funded using Congestion Mitigation and Air Quality funding and to finance, acquire,
and construct the proposed project; and
WHEREAS, the Director of Community Services, through his designee, and on
behalf of the City of Anaheim, submitted applications to Grantor for said Grants; and
WHEREAS, by formal action the City of Anaheim's City Council authorizes the
nomination of Anaheim Coves Northern Extension Project, including all understanding and
assurances contained therein, and authorizes the person identified as the official representative of
the City of Anaheim 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/or OCTA, the City of Anaheim or its successors in interest in the property may
transfer the responsibility to maintain and operate the property; and
WHEREAS, the City of Anaheim will give Caltrans and /or 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 of Anaheim will cause project work to commence within six
months following notification from the State or OCTA that funds have been authorized to
proceed by the Federal Highway Administration or Federal Transit Administration and that the
project will be carried to completion with reasonable diligence; and
WHEREAS, the City of Anaheim commits $349,398.00 of General Revenue
Funds and will provide 42% of the total project cost as match to the requested $482,502.00 in
OCTA CMAQ funds for a total project cost estimated to be $831,900.00; and
WHEREAS, the City of Anaheim will comply where applicable with provisions
of the California Environmental Quality Act, the National Environmental Policy Act, the
American with Disabilities Act, Federal Title VI, Buy America provision, and any other federal,
state, and /or local laws, rules and/or regulations;
WHEREAS, the City of Anaheim's City Council 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 is familiar with the terms, conditions and limitations of any
such Grants; and
WHEREAS, the City is willing and able to conform to each of the terms,
conditions and limitations imposed upon any such Grants to the City; and
WHEREAS, the City Council hereby affirms acceptance of such Grants; and
WHEREAS, said Grant funds have been included in the 2013 -2014 fiscal year
budgets increasing the annual appropriations and expenditures in the appropriate City program to
reflect such awards.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
1. The actions of the Director of Community Services or his designee in submitting
the Grant applications for the Congestion Mitigation and Air Quality funding
under the Moving Ahead for Progress in the 21st Century Federal Transportation
Act for Anaheim Coves Northern Extension Project ( "Project ") and accepting the
Grant funds for the 2013 -2014 fiscal year respectively, in the amount of
$831,900.00, with a local match of $349,398.00, respectively, for and on behalf of
the City of Anaheim, a public entity established under the laws of the State of
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California are hereby ratified and approved. In addition, the City Council hereby
ratifies and approves any and all actions taken by the Director of Community
Services, or his respective designee, for the purpose of utilizing these Grant funds
for the 2013 -2014 fiscal year, including any amendments, extensions or other
actions relating to this Grant.
2. The City Council of the City of Anaheim hereby agrees to, and by this Resolution,
does ratify acceptance of such Grant so awarded to the City of Anaheim without
further action of the City Council being required therefor.
The City of Anaheim hereby affirms its compliance and agreement to comply
with each and all of the terms, conditions and limitations imposed by the Grantor
upon said Grant, and the City Council hereby ratifies actions taken by and
approves actions to be taken on behalf of the City by the Director of Community
Services, or his designee, including, but not limited to execution of any
agreements, assurances or other documents and any amendments thereto,
necessary in connection with the acceptance of said Grant and use of said Grant
funds.
BE IT FURTHER RESOLVED that upon acceptance of these Grant funds, the
respective Annual Budgets for Fiscal Year 2013 -14 revenue and expenditure appropriations do
include and have included the appropriations and authorized expenditures in the respective
programs, or in such other amount as is equal to the amount of Grant funds to be received by the
City.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 8th day of nntoher , 2013, by the following roll
call vote:
AYES: Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: Mayor Tait
ATT T: 60�4� —
CITY CLERK OF THE CITY OF ANAHEIM
97902.1/bmorley
CITY OF AHEI
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By ( / -1
MAYOR OF TI-It CITY OF ANAHEIM
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