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RES-2024-004RESOLUTION NO.2024- 0 0 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR DESIGNEE TO SUBMIT AN APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY -BASED TRANSIT/CIRCULATORS PROGRAM FOR THE ANAHEIM CANYON CIRCULATOR PROJECT AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT(S) ON BEHALF OF THE CITY AND AMENDING THE BUDGET ACCORDINGLY AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A SUBRECIPIENT AGREEMENT WITH A COMPETITIVELY PROCURED VENDOR TO IMPLEMENT AND OPERATE THE SERVICE WHEREAS, the Community -Based Transit/Circulators program (Project V) establishes a competitive process to enable local jurisdictions to develop community -based local transit services that complement regional transit services and meets needs in areas not adequately serviced by regional transit; and WHEREAS, the Orange County Transportation Authority (OCTA) ("Grantor") intends to allocate Project V funds within the incorporated cities and the County; and WHEREAS, OCTA has established the procedures and criteria for reviewing applications as identified in the Project V Guidelines; and WHEREAS, the City of Anaheim authorizes the nomination of the Anaheim Canyon Circulator Project ("Project"), including all understanding and assurances contained therein; and WHEREAS, the City of Anaheim has been declared by OCTA to meet the eligibility requirements to receive Measure M2 funds, including Project V funds; and WHEREAS, the City of Anaheim must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and WHEREAS, the City of Anaheim authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the OCTA Board of Directors; and WHEREAS, the City of Anaheim's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; and WHEREAS, the City of Anaheim will comply where applicable with provisions of the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and WHEREAS, the City of Anaheim will consult with OCTA regarding the need for a paratransit plan prior to starting operations; and WHEREAS, the City of Anaheim will provide a minimum ten percent (10%) in matching funds, excluding non -Project V subsidies or net fares collected, as required by the Project V CTFP Guidelines and shall fund its share of the Project costs and any additional costs over the identified programmed amount; and WHEREAS, the City of Anaheim will not use Measure M funds to supplant Developer Fees or other commitments; and WHEREAS, the City of Anaheim will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the Project; and WHEREAS, the City is familiar with the terms, conditions and limitations of any such Grant; and WHEREAS, the City of Anaheim has determined that the services described in the Application are exempt from California Environmental Quality Act (CEQA) Section 21080(b)(10) of the California Public Resources Code, as these services involve passenger transportation service on existing streets, and therefore the services described in the Application are exempt from the requirement to prepare additional environmental documentation; and WHEREAS, the City desires to accept any such Grant which may be awarded to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim as follows: 1. Approves the filing of an application for the Anaheim Canyon Circulator Project. 2. Requests that the OCTA allocate Project V funds in the amounts specified in the City of Anaheim's application. 3. Certifies that the City is capable of providing the amount of funding specified in the application and will provide matching funds from the City of Anaheim as required and shall be used as supplemental funding to aid the City of Anaheim in the implementation of the proposed transit services. 4. Certifies that the City understands the assurances and certifications in the application. 5. The Public Works Director, or 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 Public Works Director, or designee, is authorized to take any actions necessary for the purpose of obtaining financial assistance provided by the Grantor. 2 6. 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. 7. 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 Director of Public Works or 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 and the acceptance of said Grant as may be required by the Grantor, if such Grant is awarded to the City. 8. The Public Works Director, or designee, is hereby authorized to enter into a subrecipient agreement with a competitively procured vendor who would implement and operate the service. 9. 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 2 3 day of J n� uary , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CIT F ANAHEI By: AYOR OF CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM 150986 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-004 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of January, 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of January, 2024. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)