HomeMy WebLinkAbout104-Quarry Att. 3 - Reso and Reso Att. A.pdfRESOLUTION NO. CITY COUNCIL OF THE CITY OF SARATOGA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING ACQUISITION OF CONGRESS SPRINGS PROPERTY FROM THE COUNTY OF SANTA CLARA INCLUDING DEDICATION OF CONSERVATION EASEMENT TO THE COUNTY OF SANTA CLARA PARKS AND RECREATION
DEPARTMENT AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AND ADOPTING A NEGATIVE DECLARATION. WHEREAS, the City desires to purchase the former quarry site property on Congress
Springs Road from the Santa Clara County Roads Department for park and open space purposes
including a major portion of the Saratoga to the Sea trail; and WHEREAS, the three quarters of the City’s purchase will be funded by the County of
Santa Clara Parks and Recreation Department and the Midpeninsula Regional Open Space
District; and
WHEREAS, the Santa Clara County Parks and Recreation Department and the Midpeninsula Regional Open Space District wish to acquire a conservation easement over the
Property in order to enhance County and District park and open space resources; and
WHEREAS, the City has considered a proposed Negative Declaration for the acquisition of the property and related implementing actions described in the staff report accompanying this resolution that found the project would not have a significant adverse effect on the environment.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga that:
1. the recitals set forth above are true and correct; and
2. the Negative Declaration for the project is hereby adopted together with the findings and
determinations set forth in Attachment A to this Resolution; and 3. the Funding and Acquisition Agreement – Quarry Property Purchase set forth in Attachment B to this Resolution is hereby approved;
4. the Purchase Agreement set forth in Attachment C to this Resolution is hereby approved;
5. the Grant Deed of Conservation Easement set forth in Attachment D to this Resolution is
hereby approved; and 6. the City Manager and City Attorney are authorized to accept non-substantive revisions to the agreements and easement referenced above that effect the intent of the agreements
and easement.
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The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 17th day of August 2011 by the following vote:
AYES:
NAYES:
ABSTAIN: ABSENT:
Howard A. Miller, Mayor
ATTEST:
DATE:
Ann Sullivan, City Clerk
Attachment A
The City of Saratoga City Council has considered a proposed Negative Declaration for approving a funding
agreement, purchase agreement, and dedication of a conservation easement and related implementing actions relating to acquisition of the 64 acre Congress Springs Quarry property as described in this resolution. The
foregoing actions are described as the “Project.”
Findings and Determinations Regarding California Environmental Quality Act Compliance
1. An Initial Study (IS) and Negative Declaration (ND) were prepared for the Project by the City of Saratoga,
pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code
sections 21000-21177), CEQA Guidelines (14 California Code of Regulations sections 15000-15387), and other applicable requirements.
2. The IS and a notice of intent to adopt a ND were duly noticed and circulated for a 30-day public review
period from June 27, 2011 to July 27, 2011.
3. All Interested Parties desiring to comment on the ND were given the opportunity to submit written and oral
comments on the adequacy of the ND up to and including the close of the City Council’s consideration of
the project on August 17, 2011.
4. The IS and ND represents the City’s independent judgment and analysis.
5. On August 17, 2011 the City Council conducted a public meeting on the Project, during which opportunity
was given to address the adequacy of the ND. All comments on the IS and ND raised during the public and
agency comment period and at the Public Hearing(s) on the Project were considered by the City Council and
the City Council was given the opportunity to review all of the information in the administrative record; and
6. After the conclusion of public testimony, the City Council considered all oral and written comments and a
staff recommendation for approval of the ND and reviewed and considered the information in the IS and
ND, public and agency comments on the IS and ND, the administrative record, and the staff report for
completeness and compliance with CEQA, the CEQA Guidelines, and any and all other applicable requirements.
7. The Project has been the subject of an Initial Study and Negative Declaration under the California
Environmental Quality Act (CEQA) pursuant Section 15070 and following of Title 14, Division 6, Chapter 3
(CEQA Guidelines). The ND has been completed in compliance with the intent and requirements of CEQA, CEQA Guidelines and any and all other applicable requirements. The City Council has considered the
information contained in the ND and the record in considering the Project and related actions.
8. The documents constituting the record of proceedings upon which this decision is based are located in the
City of Saratoga Public Works Department and are maintained by the Director of that Department.
9. Pursuant to CEQA and CEQA Guidelines, the City Council finds on the basis of, and after review of, the
whole record before it (including the Initial Study, the Negative Declaration, any and all comments received,
and in light of expert and other evidence submitted), that there is no credible, substantial evidence that the
Project may have a significant effect on the environment as to any issue raised.
P:\SARATOGA\Public Works\Quarry Acquisition\Staff Report\Quarry Acquisition Resolution and Reso Att.A.DOC