RES-10994 MItigation Monitoring & Reporting ProgramRESOLUTION NO. 10994
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
MITIGATED NEGATIVE DECLARATION NO. ENV
1852 -16 AND A MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE WIDENING OF
PORTIONS OF CHAPMAN AVENUE AND TUSTIN
STREET, APPROVING PRELIMINARY PLANS
THEREFORE, MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH, AND AUTHORIZING
THE CITY ENGINEER TO DO THOSE THINGS
NECESSARY AND ADVISABLE TO CARRY OUT
THE IMPLEMENTATION OF THE PROJECT.
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 consider certain street widening
improvements to portions of Tustin Street and Chapman Avenue in the vicinity of the
northwest comers of the intersection of those two roads (the Project), which Project is
more particularly described on those certain "Street Improvement Plan for Chapman
Avenue at Tustin Street Right Turn Lane Improvements," which have been prepared by
the City and its subcontractors and dated as of November 21, 2016 (the Plans). The Plans
are a public record on file in the Office of the Director of Public Works /City Engineer at
300 E. Chapman Avenue, Orange, California 92866; and
WHEREAS, Mitigated Negative Declaration No. ENV 1852 -16 (the MND) was
prepared by the City, in the form presented to the City Council at its regular meeting of
February 14, 2017, because it appeared that the Project's potential significant adverse
effects can be mitigated to the extent that the Project will not have a significant effect on
the environment; and
WHEREAS, this City Council has reviewed and considered the information
contained in the MND and, as the "lead agency" under the California Environmental
Quality Act (CEQA), finds and determines that the MND is all that is necessary in
connection with the proposed Project and the approval of the Project; and
WHEREAS, pursuant to the authority granted by Section 65402 of the California
Government Code, this City Council has previously adopted Resolution No. 9691 on April
22, 2003 making inapplicable the requirement that a report be prepared regarding the
conformity of the acquisition of real property for street widening with the City's adopted
General Plan. Since the Project will involve the acquisition of real property for street
widening, no report has been rendered by the planning agency for the proposed Project;
and
WHEREAS, this City Council desires to approve the Plans for the Project and to
authorize the City Engineer (or his designee) to refine the Plans, prepare, or cause to be
prepared, plans and specifications and contract documents, and to do any and all things he
deems necessary or advisable in order to carry out, give effect to and comply with the terms
and intent of this Resolution, including the making of offers to acquire the necessary right -
of -way 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:
1. The City Council finds and determines that the foregoing recitals are true
and correct.
2. Based upon its review of the comments 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 MND 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 that the Project will have a
significant effect on the environment, except as identified and considered in the
MND, and that the MND reflects the City's independent judgment and analysis;
C. That changes or alterations have been required in, or incorporated
into, the Project which mitigate or avoid the significant environmental effects
thereof, as identified in the MND;
d. That it is neither necessary nor required that an environmental
impact report be prepared for the Project described in the MND; and
e. That the documents or other material which constitute the record of
proceedings upon which its decision is based are on file with the City Clerk at 300
E. Chapman Avenue in the City of Orange.
3. The MND and the Mitigation Monitoring and Reporting Program contained
in the MND are hereby approved and adopted.
Resolution No. 10994 2
4. The officers and employees of the City are authorized and directed, jointly
and severally, on behalf of the City to (a) 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 (2) 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.
5. The Plans for the proposed Project are hereby approved and the City
Engineer (or his designee) is hereby authorized to refine the Plans, prepare plans and
specifications and contract documents, and to do any and all things he deems necessary or
advisable in order to carry out, give effect to and comply with the terms and intent of this
Resolution, including, but not limited to, the retention of an appraiser (or appraisers) to
render his/her /their written opinion of the fair market value of the real property which will
be the subject of acquisition, and the making of offers to acquire the necessary right -of-
way for the Project.
6. The adoption of this Resolution does not constitute the exercise of control
over property by the City. This City Council is not committing itself to (a) the acquisition
of any real property that might be required for the effectuation of the Project, or (b) any
other acts or activities requiring the subsequent independent exercise of discretion by the
City Council. The City Council recognizes that one or more of the conditions to the
implementation of the Project may fail to be met as a result of subsequent refinement of
the Plans, studies, reviews and proceedings involving the exercise of discretion by the City
or any department thereof. Accordingly, the City Council hereby reserves final discretion
and approval as to any acquisition of real property and all proceedings and decisions in
connection therewith.
7. All actions taken by the officers and agents of the City with respect to
implementation of the Project are hereby approved, confirmed and ratified, and the proper
officers of the City are hereby authorized and directed to do those things, which they, or
any of them, may deem necessary or advisable in order to implement the Project in
accordance with this Resolution.
ADOPTED this 14th day of March 2017.
c
eres E. Smith, Mayor, City of Orange
ATTEST.
f '
Mary E t , City Clerk, Cit o range
Resolution No. 10994 3
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
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 14th day of March 2017, by
the following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. rphy, ity Clerk, City o e
Resolution No. 10994 4