RESOLUTION NO. 23-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A LICENSE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR CONTINUED USE OF THE SAN CLEMENTE PEDESTRIAN BEACH TRAIL AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS I (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES WHEREAS, the San Clemente Pedestrian Beach Trail (Trail) is located within the Orange County Transportation Authority (OCTA) right-of-way; and WHEREAS, the City initially entered into a license agreement with OCTA for use of the Trail on February 7, 2023, which was valid for a twenty-year term and expires on June 30, 2023; and WHEREAS, the City wishes to have continued use of the San Clemente Pedestrian Beach Trail; and WHEREAS, a new license agreement will allow San Clemente residents and visitors to continue to use the beach trail for recreational purposes and is required since the Trail is located on property owned by OCTA.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
SECTION 1: Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals above are true and correct and are incorporated and adopted as fully set forth in this resolution.
SECTION 2: CEQA Findings.
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, the City Council hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Sections 15301(h) (Class 1: Existing Facilities).
SECTION 3: The City Manager, or his/her designee, is hereby authorized to execute a license agreement with OCTA for use of the Trail in substantially the same form as that attached hereto as Exhibit A and incorporated herein fully by this reference.
SECTION 4: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of May, 2023.
ADVANCE \X 317.30_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ADVANCE \X 317.30_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 23-29 Page PAGE 3
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