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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. 2 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 3