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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 2 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 --- By ( / -1 MAYOR OF TI-It CITY OF ANAHEIM 3