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RES-2008-171A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO ADOPT A COOPERATIVE AGREEMENT BETWEEN THE CITY OF ANAHEIM AND ORANGE COUNTY TRANSPORATION AUTHORITY FOR RAIL HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS AND SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES FOR IMPROVEMENTS AT STATE COLLEGE BOULEVARD, BALL ROAD, LA PALMA AVENUE, SYCAMORE STREET, EAST BROADWAY, SANTA ANA STREET, EAST SOUTH STREET, VERMONT AVENUE, CERRITOS AVENUE, ORANGETHORPE AVENUE, LA PALMA AVENUE, JEFFERSON STREET, MIRALOMA AVENUE AND TUSTIN AVENUE WHEREAS, Orange County Transportation Authority "OCTA commissioned a report titled "OCTA Grade Crossing Study" dated December 31, 2003, providing a comprehensive rail highway grade crossing safety enhancement program developed to enhance both motorist and pedestrian safety consistent with current California Public Utilities Commission grade crossing safety standards; and RESOLUTION NO.2008- 171 WHEREAS, on June 13, 2005, the OCTA adopted the recommendation to proceed with the selected implementation strategy for a comprehensive Rail Highway Grade Crossing Safety Enhancement Program "Program and WHEREAS, on June 27, 2007, OCTA adopted a recommendation to include in these Program improvements designed to enable the City of Anaheim (the "City to establish Quiet Zones; and WHEREAS, a cost sharing formula has been agreed upon at 88 percent provided by OCTA and 12 percent provided by the City for rail- highway grade crossing safety enhancements, Quiet Zone and other improvements within the City's jurisdiction, which requires an estimated $1.7 million in City participation; and WHEREAS, ten of the fourteen rail- highway grade crossings in Anaheim are within or adjacent to redevelopment project areas that include existing and /or newly constructed residential development; and WHEREAS, to avoid deferral of the affected grade crossings to the end of the two -year construction period, OCTA and City must enter into Cooperative Agreement No. C -8- 0855 between OCTA and City for Rail- Highway Grade Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementation for Cities for Improvements at State College Boulevard, Ball Road, La Palma Avenue, Sycamore Street, East Broadway, Santa Ana Street, East South Street, Vermont Avenue, Cerritos Avenue, Orangethorpe Avenue, La Palma Avenue, Jefferson Street, Miraloma Avenue and Tustin Avenue (the "Agreement by October 16, 2008 WHEREAS, the terms and conditions of the Agreement are in the best interest of the City of Anaheim and are acceptable to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim find that the terms and conditions of the Agreement be, and they are hereby, approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby, authorized and directed to sign said Agreement on behalf of the City of Anaheim THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 4th day of October 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK 70550.1/bmorley OF THE CITY OF NAHEIM 2 CIT ANAHEI MAYOR OF THE CITY F ANAHEIM