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RES-9609 Bicycle Transportation Account Grant for Santiago Creek Bike TrailRESOLUTION NO. 9609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AUTHORIZING SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION OF A BICYCLE TRANSPORTATION ACCOUNT GRANT FOR THE SANTIAGO CREEK BIKE TRAIL. WHEREAS, the State Legislature under the California Bicycle Transportation Act has authorized the establishment of the Bicycle Transportation Account ("BTA"), providing State FWlds for City and County projects that improve safety and convenience for bicycle commuters; and WHEREAS, the Bicycle Facilities Unit ("BFU") in the division oflocal assistance of the California Department of Transportation administers the BT A; and WHEREAS, on February 27, 2001 the City Council of the City of Orange adopted resolution no 9418 upholding the recommendation of the Planning Commission and amending the circulation element of the general plan by updating the Bikeways Master Plan. WHEREAS, the City of Orange Bicycle Transportation Plan ("BTP") is in compliance with Section 891.2 of the California Streets and Highways Code, and BTP was adopted no earlier than July 1, 1998, thus qualifying the City of Orange to apply for BTA funds in I~scal year 2002-03; and VHEREAS, the City has submitted its BTP to the Orange County Transportation Agency for review and certification that it complies with Section 891.2 of the California Streets and Highways Code and the Regional Transportation Plan; and WHEREAS, the Orange County Transportation Agency has issued its approval of the City's BTP and the City has submitted its BTP to the BFU for its review and approval, which it has approved and notified the City of the results thereof; and WHEREAS, this City Council has heretofore approved the alignment and conceptual design plans for the Santiago Creek Trail Project (the "Project"), which will consist of a multi use paved trail extending along Santiago Creek from the jurisdictional boundary between the City of Orange and the City of Santa Ana to a point located just east of the 55 freeway at Palmyra. Construction plans and specifications are now being prepared for the jirst phase of the Project, located between the jurisdictional boundary of the City of Santa Ana and Tustin Street ("Phase I"). Once prepared, the plans and specifications will be considered by the City Council for approval and authorization to obtain bids for the construction of Phase I of the Project; , WHEREAS, the City Council hereby finds and determines that the Project is consistent with the City's Master Plan of Bikeways, the Major Riding and Hiking Trails and Off-Road Paved Bikeways Plan of the County of Orange, the Statewide Comprehensive Recreation Resources Plan and the 1994 California Outdoor Recreation Plan; and WHEREAS, this City Council desires to submit a BT A application to the BFU for the Project in the amount of$320,000; and WHEREAS, this City Council finds that the City has available to it for Project funds in the amount of $32,000, which represents approximately 10% of the City's estimated total cost of constructing the Project; and WHEREAS, on June 12,2001, the City Council adopted a Negative Declaration for the Project under the authority and requirements of the California Environmental Quality Act,then~by finding that the Proj ect would not have: a significant adverse impact on the environment; and WHEREAS, this City Council believes that the Project is in the best interest of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law and requirements.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows':Section 1.The foregoing recitals are true and correct.Section 2. The City Council certifies that it has (or will have) sufficient funds available to it to furnish a minimum of 10% of the total costs of constructing the Project.Section 3. The City Council hereby authorizes and directs the City Manager to submit a BT A application to the BFU in the amount of $320,000 and further authorizes the City Manager to execute the application and such other documentation as the BFU requires to consider and process the application and to submit same to the BFU.Section 4. The City Council hereby appoints the City Manager as agent of the City to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, agreements, amendments, billing statements, and such other documentation as the City Manager deems necessary and appropriate to consummate the transaction contemplated by the adoption of this Resolution and to administer the City' s obligations, responsibilities and duties to be performed hereunder and under any agreement entered into with the BFU or the State Government in connection with the BTA or the Local Assistance Program Guidelines, and all actions previously taken by such officers and employees in connection with the application and contract are ratified and approved.Reso No. 9609 2 ADOPTED this 28th day of May, 2002 Mark~rpt,~o the City of Orange ATTEST: V1AAf21<J {J ~A -<'~Cassandra J. Cathcart, City Clerk of the City of Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 28th day of May,2002, by the following vote:AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE k4444A'~~ r-# -/-A-r+Cassandra J. Cathc ,City Clerk of the City of Orange Reso No. 9609 3 TJR