RES-2010-115RESOLUTION NO. 2010-115
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 SOUTHERN CALIFORNIA EDISON RIGHT
OF WAY (EDISON ROW) BIKEWAY 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 Director of the Anaheim Public Works Department or her designee
possesses authority to nominate transportation enhancement activities and to finance, acquire,
and construct the proposed project; and
WHEREAS, by formal action the City Council of the City of Anaheim authorizes the
nomination of the Edison ROW Bikeway Project, including all understanding and assurances
contained therein, and authorizes the person identified as the official representative of the
Anaheim Public Works Department 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
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
I. 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, FIexible, Efficient, Transportation Equity Act - Legacy for Users August 2005 (the
"Program ") for the Edison ROW Bikeway 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: NONE
ABSENT: NWE
ABSTAIN: NONE
CITY NAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM