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Resolution Number 10-06-01-03RESOLUTION NO. 10-06-01-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING APPICATION FOR FUNDS FROM THE TRANSPORTATION ENCHANCEMENT (TE) PROGRAM UNDER THE 2005 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT, TRANSPORATION ACT- LEGACY FOR USERS FOR ORTEGA HIGHWAY AT DEL OBISPO BEAUTIFICATION 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 City of San Juan Capistrano possesses authority to nominate transportation enhancement activities and to finance, acquire, and construct the proposed project; and WHEREAS, by formal action the City of San Juan Capistrano authorizes the nomination of Ortega Highway at Del Obispo Beautification project, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of San Juan Capistrano to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the City of San Juan Capistrano will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility or activity; and WHEREAS, with the approval of the California Department of Transportation (Caltrans) and OCTA, the City of San Juan Capistrano or its successors in interest in the property may transfer the responsibility to maintain and operate the property; and WHEREAS, the City of San Juan Capistrano 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 City of San Juan Capistrano will cause work on the project to be commenced within a reasonable time after receipt of notification from the State that 1 6-1-2010 funds have been approved by the Federal Highway Administration and that the project will be carried to completion with reasonable diligence; and WHEREAS, the City of San Juan Capistrano 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 the City of San Juan Capistrano, does hereby authorize Nasser Abbaszadeh, the Public Works Director as the official representative of the City of San Juan Capistrano to apply for the Transportation Enhancement Activities Program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act - Legacy for Users for Ortega Highway at Del Obispo Beautification project. BE IT FURTHER RESOLVED that the City of San Juan Capistrano agrees to fund its share of the project costs and any additional costs over the identified programmed amount. BE IT FURTHER RESOLVED, that the City clerk is directed to forward a certified copy of this Resolution to the Orange County Transp a`tlzm-Authority. PASSED, APPROVED AND ADOPTED this 1st dad of Jung 210 DR. LONDRES USO, 2 6-1-2010 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO } I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 10-06-01-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 11it day of June 2010, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso NOfl — ;,COUNCIL MEMBER: None ABSIiN7V:;/' '/COUNCIL MEMBER: None •-- 3 6-1-2010