HomeMy WebLinkAboutCity Council Resolution 08-013CITY COUNCIL
RESOLUTION N0.08-013
RESOLUTION OF THE CITY COUNCIL
CONCERNING KEVIN MORAN PARK
I. The City of Saratoga has prepared an Initial Study and proposed Mitigated Negative
Declaration ("IS/MND") regarding the Conceptual Plan for the Kevin Moran Park (also
referred to below as the "Project"). The Conceptual Plan is attached to the staff report
accompanying this Resolution and hereby incorporated in this Resolution.
II. The IS/MND and responses to comments on the IS/MND were prepared pursuant to the
requirements of the California Environmental Quality Act (CEQA, Public Resources
Code sections 21000 et seq.) and the CEQA Guidelines (14 Cal. Code. Regulations
sections 15000 et seq.). The IS/MND and responses to comments are attached to the staff
report accompanying this Resolution and hereby incorporated in this Resolution.
III. The IS identified potentially significant adverse effects on the environment from the
proposed Project but found that mitigation measures proposed for the Project and made a
part of the Project would avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur.
IV. The IS and a notice of intent to adopt the proposed MND were circulated for public
review from November 1, 2007 to December 3, 2007.
V. The City received several comments addressing potentially adverse environmental
impacts, but found that these effects would be avoided or mitigated to a point where
clearly no significant effects would occur.
VI. On March 5, 2008 the City Council conducted a duly noticed public meeting on the
adequacy of the IS/MND at which oral and written comments and a staff report were
presented to the City Council. The City Council reviewed and considered the
information in the IS/MND, staff report, public comments, and other documents in the
administrative record for completeness and compliance with CEQA and the CEQA
Guidelines.
VII. THEREFORE, BE IT RESOLVED that the City Council hereby makes the following
findings:
Notice of the meetings concerning the MND was given as required by law and the
actions were conducted pursuant to CEQA and the CEQA Guidelines; and
2. All Interested parties desiring to comment on the IS/MND were given the
opportunity to submit oral and written comments on the adequacy of the IS/MND
prior to this action by the City Council; and
All comments raised during the public comment period on the IS/MND and
during the meeting were responded to adequately; and
4. The City Council was presented with and has reviewed all of the information in
the administrative record; and
6. The IS/MND has been completed in compliance with the intent and requirements
of CEQA and the CEQA Guidelines and the IS/MND represents the City
Council's independent judgment. The City Council has considered the
information contained in the IS/MND and the record in considering the Project
and related actions; and
7. Based on the entire record of this matter, there is no evidence that the Project may
have a significant effect on the environment; and
The documents constituting the record of proceedings upon which this decision is
based are located in the City of Saratoga Department of Public Works and are
maintained by the Director of that Department.
VIII. BE IT FURTHER RESOLVED that the City Council hereby adopts the Mitigated
Negative Declaration as modified by the responses to comments.
IX. BE IT FURTHER RESOLVED that the City Council hereby adopts the Mitigation
Monitoring and Reporting Plan attached to the staff report accompanying this Resolution
and hereby made a part of this Resolution ("MMRP").
X. BE IT FURTHER RESOLVED that the City Council hereby directs the Public Works
Director to monitor compliance with the mitigation measures required in the Project as
specified in the MMRP to mitigate significant environmental effects, as described in the
IS, attached herein.
XI. BE IT FURTHER RESOLVED that the City Council hereby adopts the Conceptual Plan
for Kevin Moran Park attached to the staff report accompanying this Resolution and
hereby made a part of this Resolution modified to adjust the equipment enclosure to
accommodate equipment used in the park, improve access to the restroom, and add a 2'
lattice to the top of the 6' good neighbor fence.
XII. BE IT FURTHER RESOLVED that all user agreements and group use permits for use of
Kevin Moran Park following completion of the improvements shown in the Conceptual
Plan provide for the following:
• The park maybe used for practice use only - no games may be played at the park;
• No more than two user groups may have use permits at the park at any one time;
• No user groups may use the park on Sundays;
• Park use will be allowed by user groups on no more than six Saturdays per year
(specific dates will be established through the standard park rental process);
All use by user groups must be between the hours of 3 p.m. and 7 p.m. or dusk,
whichever comes first;
No more than three teams may use the park at any one time; and
All restrictions and conditions on use in the current Kevin Moran Park user
agreements will continue to apply except to the extent that the restrictions above
are more restrictive.
XIII. BE IT FURTHER RESOLVED that the City Council directs staff to proceed with final
design and construction of the improvements shown on the Conceptual Plan and to take
such other actions as maybe required to implement the Conceptual Plan and MMRP.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 5th day of March, 2008 by the following vote:
AYES: Councilmembers Jill Hunter, Aileen Kao, Kathleen King,
Vice Mayor Chuck Page, Mayor Ann Waltonsmith
NOES:
ABSENT:
ABSTAIN:
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Ann Waltonsmith, Mayor
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Ann Sul Ivan, Deputy City Clerk