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RES-10205 Renovation & Replacement of Existing Pool At W.O. Hart Memorial ParkRESOLUTION NO. 10205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING PLANS FOR THE RENOVATION AND REPLACEMENT OF THE EXISTING POOL AT W. O. HART MEMORIAL PARK AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. 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 City Council desires to renovate and replace the existing pool and deck at W. O. Hart Memorial Park with two new pools, including, among other work items, the reconfiguration of certain existing underground utilities, the addition of two outdoor shower facilities, new sewer connections, the construction of a new storage room access door, minor expansion to the existing equipment enclosure to the north, and interior reconfiguration of the equipment area (the Project), in accordance with plans therefor prepared for the City by Rengel+Company Architects, Incorporated and Aquatic Design Group, Inc. (the Plans), which Plans are a public record on file in the Office of the Director of Community Services at 230 E. Chapman Avenue, Orange, California 92866; and WHEREAS, as the lead agency under the California Environmental Quality Act CEQA), the City conducted an Initial Study to evaluate whether the proposed Project would have the potential for adverse environmental impact; and WHEREAS, pursuant to subdivision (c) of Section 21080 of the California Public Resources Code, Negative Declaration No. ENV 1780-06 (the ND) was prepared by the City, in the form presented to the City Council at its regular meeting of July 10, 2007, because the Initial Study showed that there is no substantial evidence, in light of the whole record before the City,that the Project may have a significant effect on the environment; and WHEREAS, this City Council has reviewed and considered the information contained in the ND and finds and determines that the ND is all that is necessary in connection with the proposed Project and the approval of the Project; and WHEREAS, this City Council desires to approve the Plans for the Project and to authorize the City's Director of Community Services (or her designee) to (i) refine the Plans,prepare, or cause to be prepared, plans, specifications and contract documents (including, but not limited to, a notice inviting bids and the bid package) (collectively referred to herein as the Contract Documents) sufficient in detail to invite bids for construction of the Project, ( ii)advertise for bids for the Project in accordance with the requirements of the City's Purchasing Ordinance and, specifically, Sections 3.08.530 through 3.08.590 of the Orange Municipal Code, and (iii) do any and all things she deems necessary or advisable in order to carry out,give effect to and comply with the terms and intent of this Resolution; WHEREAS, on June 14, 2007 the Park Planning and Development Commission reviewed and considered the draft ND and the proposed Project and recommended that the City Council approve the ND and the proposed Plans for the Project. 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: I. The City Council finds and determines that the foregoing recitals are true and correct. 2. Based upon the ND, comments (if any) received during the public review process, and considering the testimony, documents or other materials, which constitute the record of proceedings upon which its decision was based, the City Council finds and determines: a) The ND was presented to this City Council, and the members of the City Council have reviewed and considered the information contained therein prior to taking any action to approve the Project and any other actions, proceedings and matters related thereto; b) That there is no substantial evidence, in light of the whole record before the City, that the Project will have a significant effect on the environment and that the ND reflects the City's independent judgment and analysis; c) That it is neither necessary nor required that an environmental impact report be prepared for the Project described in the ND; and d) That the documents or other material which constitute the record of proceedings upon which its decision is based is on file with the City Clerk at 300 E. Chapman Avenue in the City of Orange. 3. Pursuant to subdivision (c) of Section 21080 of the California Public Resources Code, the ND is hereby approved and adopted. 4. The officers and employees of the City are authorized and directed, jointly and severally, on behalf of the City to do the following: a) To file the original and a duplicate copy of a Notice of Determination with the Clerk of the County of Orange in accordance with Section 21152 of the California Public Resources Code and Section 15075 of the California Code of Regulations; and b) To pay to the Clerk of the County of Orange the fish and game fee, the County's documentary handling fee (unless exempt), and any other fees required under California Fish and Game Code Section 711.4( d)(2) and Section 753.5 of Title 14 of the California Code of Regulations concurrently with filing the Notice of Determination. 2 5. The Plans and all other Contract Documents for the Project are hereby approved and adopted and the City's Director of Community Services (or her designee) is hereby authorized and directed to (a) refine the Plans and prepare the Contract Documents, (b) advertise for bids in accordance with the requirements of the City's Purchasing Ordinance and, specifically, Sections 3.08.530 through 3.08.590 of the Orange Municipal Code, and (c) do any and all things she deems necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution. 6. All actions heretofore taken by the officers and agents of the City with respect to the acquisition of real property necessary for the Project and implementation of the Project are hereby approved, confirmed and ratified, and the proper officers of the City are hereby authorized and directed to do any and all things and take any and all actions, which they, or any of them, may deem necessary or advisable in order to consummate the implementation of the Project in accordance with this Resolution. ADOPTED this 10th day of July, 2007 ATTEST: 51 .. l' j;,'\Ii 1 ! I i,; J~1.^j ~ ,,<<JU /114, fu/.'lMary E:Murphy, City Clerk, City 0 Orange I 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 ofthe City of Orange at a regular meeting thereof held on the 10th day of July, 2007, by the following vote:AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None i_ ' J1IV14f~' /~Jj"/~, },f2P/{ft.!Mary E. Murphy, City Clerk, City of Orange 3