RES-2016-152RESOLUTION NO: 2016-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS OR HIS/HER DESIGNEE TO SUBMIT THE
ANAHEIM BOULEVARD AND BALL ROAD INTERSECTION
WIDENING PROJECT APPLICATION ON BEHALF OF THE
CITY OF ANAHEIM TO THE CALIFORNIA NATURAL
RESOURCES AGENCY FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION PROGRAM (EEMP)
AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF
SUCH GRANT ON BEHALF OF THE CITY AND AMENDING
THE BUDGET ACCORDINGLY.
WHEREAS, the Legislature and Governor of the State of California have enacted
Section 164.56 of the California Streets and Highway Code, which is intended to provide grant
funds to local, state and federal agencies and nonprofit entities for projects to enhance and
mitigate the environmental impacts of modified or new public transportation facilities, the
Environmental Enhancement and Mitigation Program ("EEMP") funds (the "Grant"); and
WHEREAS, the California Natural Resources Agency ("Grantor") has been
delegated the responsibility for the administration of this Grant program, establishing necessary
procedures and criteria, and is required to submit to the California Transportation Commission a
list of recommended projects from which the grant recipients will be selected; and
WHEREAS, said procedures established by the California Natural Resources
Agency require a resolution certifying the approval of an application by the City Council before
submission of said application to the State; and
WHEREAS, the City of Anaheim ("City"), if selected, will enter into an
agreement with the State of California to carry out the Anaheim Boulevard and Ball Road
Intersection Widening Project ("Project"); and
WHEREAS, the City is familiar with the terms, conditions and limitations of any
such Grant; 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. Approves the filing of an application for Environmental Enhancement and
Mitigation Program ("EEMP") funds for the Project.
2. Certifies that City understands the requirements in the Program Guidelines.
3. Certifies that the City will have sufficient funds to operate and maintain the
Project consistent with the land tenure requirements, or will secure the resources
to do so.
4. Certifies that City will record a document against the real property that defines the
State's interest in the property.
5. Certifies that City will comply with the provisions of Section 1771.5 of the State
Labor Code regarding payment of prevailing wages on Projects awarded EEMP
Funds.
6. Certifies that, if applicable, the Project will comply with any laws and regulations
including but not limited to, legal requirements for building codes, health and
safety codes, disabled access laws, environmental laws and, that prior to
commencement of construction, all applicable licenses and permits will have been
obtained.
7. Certifies that City will work towards the Governor's State Planning Priorities
intended to promote equity, strengthen the economy, protect the environment, and
promote public health and safety as included in California Government Code
Section 65041.1.
8. The Anaheim Director of Public Works, or his/her designee is hereby authorized
to submit a Grant Application for and on behalf of the City of Anaheim, a public
entity established under the laws of the State of California, and the Anaheim
Director of Public Works, or his/her designee is authorized to take any actions
necessary for the purpose of obtaining financial assistance provided by the
Grantor.
9. 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.
10. The City of Anaheim hereby agrees to comply with each and all of the terms,
conditions and limitations imposed by the Grantor upon said Grant, and the
Anaheim Director of Public Works or his/her designee is hereby authorized and
directed to conduct all negotiations, execute any agreements, assurances, or other
documents as may be necessary in connection with completion of the project(s)
and the acceptance of said Grant as may be required by the Grantor, if such Grant
is awarded to the City.
11. 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 on this 9th day of August , 2016, by the following roll -
call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: �11 (/ L
MAYOR OF THE ITY OF ANAHEIM
ATTEST:
Qck -
CITY CLERK OF THE CITY OF ANAHEIM
118133.1 /bmorley