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RES-2010-114RESOLUTION NO. 2010 -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT (TE) PROGRAM UNDER THE 2005 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT, TRANSPORTATION EQUITY ACT - LEGACY FOR USERS FOR FOR THE SANTA ANA CANYON MULTI- USE TRAIL PROJECT. WHEREAS, the United State Congress enacted the Safe, Accountable, Flexible, Efficient, Transportation Equity Act - Legacy for Users August 2005, replacing the Transportation Equity Act for the 21st Century which make funds available to the Orange County Transportation Authority ( "OCTA ") for transportation enhancement activities; and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and WHEREAS, the Anaheim Director of Public Works, or her designee, possesses authority to nominate transportation enhancement activities and to finance, acquire, and construct the proposed project; and WHEREAS, the City of Anaheim authorizes the nomination of Santa Ana Canyon Multi - Use Trail Project, including all understandings and assurances contained therein (the "Project "), and authorizes the Anaheim Director of Public Works, or her designee, to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the Anaheim Public Works Department 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 OCTA, the Anaheim Public Works Department or its successors in interest in the property may transfer the responsibility to maintain and operate the property; and WHEREAS, the Anaheim Public Works Department will give the Caltrans and OCTA's representatives access to and the right to examine all records, books, papers or documents related to the transportation enhancement activity; and WHEREAS, the Anaheim Public Works Department will cause work on the Project to be commenced within a reasonable time after receipt of notification from the State that funds have been approved by the Federal Highway Administration and that the Project will be carried to completion with reasonable diligence and can meet the construction award deadline of January 31, 201 1; and WHEREAS, the Anaheim Public Works Department will comply, where applicable, with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and /or local laws, rules and /or regulations; NOW, THEREFORE, BE IT RESOLVED that: 1. The Anaheim Director of Public Works or her designee is hereby authorized to submit an 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 her designee is authorized to take any and all actions necessary for the purpose of applying for the Safe, Accountable, Flexible, Efficient, Transportation Equity Act - Legacy for Users August 2005 (the "Program ") for the Santa Ana Canyon Road Multi -Trail Project. 2. The City of Anaheim hereby agrees to comply with each and all of the terms, conditions and limitations imposed by OCTA upon said Program, and the Anaheim Director of Public Works or her designee is hereby authorized and directed to execute any agreements, assurances, or other documents and take any and all actions as may be necessary in connection with the acceptance of said Program and as may be required by OCTA, if such Program is awarded to the City. 3. The City of Anaheim, agrees to fund its share of the Project costs and any additional costs over the identified programmed amount. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of July 2010, by the following roll -call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NwE ABSTAIN CIT M;& MAYOR OF THE CIT F ANAHEIM ATTEST: CITY CLERK OF THE CITY OF NAHEIM 76091, tfimuriey