RES-2016-083RESOLUTION NO. 2016-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS OR DESIGNEE
TO SUBMIT AN APPLICATION FOR FUNDS FOR THE BICYCLE CORRIDOR
IMPROVEMENT PROGRAM FUNDED WITH CONGESTION MITIGATION AND
AIR QUAILITY IMPROVEMENT PROGRAM FUNDING UNDER THE MOVING
AHEAD FOR PROGRESS IN THE 21 ST CENTURY AND FIXING AMERICAS
SURFACE TRANSPORTATION FEDERAL TRASPORTATION ACT FOR THE
NOHL RANCH OPEN SPACE TRAIL PROJECT ON BEHALF OF THE CITY OF
ANAHEIM, AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH
GRANT ON BEHALF OF THE CITY AND AMENDING THE BUDGET FOR
FISCAL YEAR ACCORDINGLY.
WHEREAS, the United State Congress enacted the Moving Ahead for Progress in
the 21st Century (MAP -21) Federal Transportation Act on July 6, 2012 and Fixing America's
Surface Transportation (FAST) Federal Transportation Act on December 4, 2015, which makes
Congestion Mitigation and Air Quality Improvement Program (CMAQ) 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 Improvement Program
funding and to finance, acquire, and construct the proposed project ("Grant"); and
WHEREAS, by formal action the City Council of the City of Anaheim authorizes
the nomination of the Anaheim Nohl Ranch Open Space Trail Project ("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 $195,000 of Development Fees and/or
Restricted Sources monies and will provide 20% of the total project cost as match to the
requested $780,000 in OCTA CMAQ funds for a total project cost estimated to be $975,000.
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; and
WHEREAS, the City Council of the City of 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 Acting Director of
Public Works, or 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 Acting Director of Public Works or her designee is hereby
authorized to submit the Grant Application for the Congestion Mitigation and Air Quality
funding under the Moving Ahead for Progress in the 21st Century Federal Transportation Act
and Fixing Americas Surface Transportation Act for the Nohl Ranch Open Space Trail 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 Acting Director of Public Works or 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 $195,000 of
Development Fees and/or Restricted Sources to provide 20% of total Project cost as match to
the requested $780,000 in OCTA CMAQ funds for a total Project cost estimated to be
$975,000.
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 Acting Director of
Public Works or 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 14ffi day of June, 2016, by the following roll call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: Mayor Tait
ABSTAIN: None
CITY OF ANAHEIM
v�L MA OR OF THE CITY F N IM
ATTES
CITY CLERK OF THE CITY OF NAHEIM
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