RES-10321 Railroad Grade Crossing Safety Enhancements & Safety MeasuresRESOLUTION NO. 10321
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING AND
AUTHORIZING THE EXECUTION OF A
COOPERATIVE AGREEMENT BETWEEN
THE ORANGE COUNTY TRANSPORTATION
AUTHORITY AND THE CITY OF ORANGE
FOR RAILROAD GRADE CROSSING SAFETY
ENHANCEMENTS AND SAFETY MEASURES
RELATED TO QUIET ZONE
IMPLEMENTATION.
WHEREAS, the City of Orange (the City) is a municipal corporation, which exercises
governmental functions and powers and is organized and existing under the laws of the State of
California; and
WHEREAS, the Orange County Transportation Authority (OCTA) commissioned a
report entitled "OCTA Grade Crossing Study" dated December 31, 2003, providing an
assessment of conditions at railroad grade crossings located in Orange County and which
provided recommendations for enhancements for both motorist and pedestrian safety
consistent with current California Public Utilities Commission (CPUC) grade crossing safety
standards; and
WHEREAS, at a meeting of its Board of Directors on June 13, 2005, OCTA adopted
the recommendation to proceed with the selected implementation strategy for a
comprehensive railroad grade crossing enhancement program for cities with railroad grade
crossings within the County of Orange (the Program); and
WHEREAS, OCTA, the City, the California Public Utilities Commission and the
Southern California Regional Rail Authority, an independent joint powers authority that
includes OCTA as a member agency (SCRRA), conducted field diagnostic review meetings
between May 22 and May 24, 2006 for all highway-rail grade crossings within the City of
Orange; and
WHEREAS, SCRRA will be responsible for the design, construction and delivery of
highway-rail grade crossing enhancements at locations within the City of Orange where a
public highway, road or street crosses one or more railroad tracks at grade (the Project),
which Project will enable the City to establish a quiet zone so that locomotive horns will not
be routinely sounded; and
WHEREAS, in consideration of the implementation strategy, diagnostic reviews and
quiet zone considerations, the City and OCTA desire to cooperate to complete the Project by
entering into a Cooperative Agreement in the form presented at this meeting, which
Cooperative Agreement provides, among other things, for the roles, responsibilities, terms
and conditions under which the Project is to be financed, designed, and constructed,
including a cost-sharing formula of 88% of Project costs to be funded by OCTA and 12% of
the Project costs to be funded by the City; and
WHEREAS, at the request of OCTA, the City has assumed the duties of a "lead
agency" under the California Environmental Quality Act (California Public Resources Code
Section 21000 et seq.: CEQA); and
WHEREAS, as the "lead agency" under CEQA, this City Council finds and
determines that the Project is within that class of projects under Sections 15061(b)(3) of the
State CEQA Guidelines which consist of a minor alteration of existing public structures,
facilities, mechanical equipment, or topographical features (including the addition of safety
or health protection devices), involving negligible or no expansion of use beyond that
previously existing and that, therefore, pursuant to Section 15301(fj of the State CEQA
Guidelines, the construction of the Project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, this City Council has duly considered all of the terms and conditions of
the proposed Cooperative Agreement and believes that the Cooperative Agreement is in the
best interests of the City and the health, safety, and welfare of its residents, and in accord
with the public purposes and provisions of applicable Federal, State and local law and
requirements.
NOW, THEREFORE, the City Council of the City of Orange resolves, finds and
determines, 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 finds and determines that the Project is exempt from
the provisions of CEQA under Sections 15061(b)(3) and 15301( of the State CEQA
Guidelines and, accordingly, hereby authorizes and directs the City Clerk to file a Notice of
Exemption with the Orange County Clerk.
Section 3. The Cooperative Agreement between the City and OCTA in the form
presented at this meeting is hereby approved, and the Mayor is authorized and directed to
execute, and the City Clerk to attest, said Cooperative Agreement on behalf of the City.
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Section 4. The City's Director of Public Works is hereby authorized to conduct
all negotiations and execute and submit all documents, including, but not limited to,
applications, contracts, amendments, payment requests, which may be necessary for the
establishment of a quiet zone within the City upon completion of the Project, and to do any
and all things necessary or advisable in order to effectuate the purposes of this Resolution
and to administer the City's obligations, responsibilities and duties to be performed
hereunder.
Section 5. Except as otherwise provided in this Resolution or in the Cooperative
Agreement, the officers and employees of the City are authorized and directed, jointly and
severally,to do any and all things necessary or advisable in order to carry out and implement the
Cooperative Agreement and to administer the City's obligations, responsibilities and duties to be
performed under the Cooperative Agreement and to effectuate the purposes of this Resolution,
and all actions previously taken by such officers and employees in connection with the
Cooperative Agreement are ratified and approved.
Section 6. The City Council hereby approves payment by the City for costs of the
Project required to be paid by the City pursuant to the Cooperative Agreement from funds
legally available to the City.
ADOPTED this 14`
h
day of October, 2008.
roly . a e e, Mayor, Cit o range
A'TTEST:
G,G'
Mary . Murphy, City Clerk
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 14th day of October, 2008, by the
following vote:
AYES: COUNCILMEMBERS: Smith, Murphy, Cavecche, Bilodeau
NOES: COLTNCILMEMBERS: None
ABSENT: COLJNCILMEMBERS: Dumitru
ABSTAIN: COUNCILMEMBERS: None
Mary u y, City Clerk, City o e
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