RES-10063 Terms & Provisions Amendment Proposed Stream or Lake Alteration Santiago CreekRESOLUTION NO. 10063
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE TERMS AND
PROVISIONS OF AMENDMENT NO. 1 TO THE
AGREEMENT REGARDING PROPOSED STREAM
OR LAKE ALTERATION WITH THE CALIFORNIA
DEPARTMENT OF FISH AND GAME RELATING
TO A PORTION OF SANTIAGO CREEK.
WHEREAS, at a regular meeting held on November 26, 2002, the City Council of thi
City of Orange approved the terms and provisions of that certain Agreement Regardinl
Proposed Stream or Lake Alteration (Notification No. R5-2002-0l24) (herein referred to
as th,Streambed Agreement) by and between the City of Orange and the California
Department 0 Fish and Game (DF&G), whereby the City agreed, among other things,
to mitigat'approximately 1.16 acres of riparian habitat within a portion of Santiago Creek that
would b,affected by the construction by the City of a bike
trail; and WHEREAS, the DF&G has determined that it is necessary to amend
the Streambe,Agreement to reflect the progress of work and has, therefore, presented to the City
that certail Streambed Alteration Agreement No. R5-2002-0124 - Santiago Creek
Bicycle Trail Projec Amendment No.1 (herein referred to as the
First Amendment); and WHEREAS, the City desires to approve the terms and provlSlons
of the FirE Amendment in the form presented
by DF &G.NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of
Orang as follows:1. The foregoing recitals are
true and correct.2. The City Council hereby approves the terms and provlSlons
of the Fin Amendment in the form presented by DF&G and authorizes the City Manager
to execute th First Amendment on behalf of the City and to deliver the fully-
executed First
Amendment t DF&G.3. The City Council hereby appoints the City Manager as the
agent for and beha of the City to execute and submit all documents, including, but
not limited to, application:agreements, mitigation plans, revised mitigation plans,
certifications and such oth.documentation as the City Manager deems necessary and appropriate
to administer the City obligations, responsibilities and duties to be performed under the
Streambed Agreement and tn First Amendment and to execute such other and further amendments
or agreements with DF&<in connection with the Streambed Agreement, as amended; provided,
however, that any suc agreements or documentation that may obligate the City in excess
monetary contract authority under the Orange Municipal Code shall be first authorized by the
City Council.
ADOPTED this 28th day of February, 2006.
rh11~Yf11
Mark A. Murphy, Mayo ity of Orange
ATTEST:
range
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 28th day of February, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
p"
Mary E.
O("
City Clerk, City of
Reso. No. 10063 2 TJR