RES-10349 Approval and Adoption of MND and Mitagation Monitoring and Reporting ProgramRESOLUTION NO. 10349
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
MITIGATED NEGATIVE DECLARATION NO. ENV
1809-08 AND A MITIGATION MONITORING
AND REPORTING PROGRAM FOR THE WIDENING
OF PORTIONS OF CHAPMAN AVENUE AND
TUSTIN STREET, APPROVING PRELIMINARY
PLANS THEREFOR, AND MAKING CERTAIN
FINDINGS IN CONNECTION
THEREWITH.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 southeast and southwest comers of the intersection of those two roads (the Project),
which Project is more particularly described on those certain "Street Improvement Plans for
Tustin Street and Chapman Avenue Phase 2: South of Centerline of Chapman Avenue," which
have been prepared by Joseph C. Truxaw & Associates, Inc. and its subcontractors and dated as
of October 16, 2002 (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 1809-08 (the
MND) was prepared by the City, in the form presented to the City Council at its regular meeting
of January 13, 2009, 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's City Engineer (or his designee) to refine the Plans, prepare, or
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.
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 ofa 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 7l1.4(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's 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 heretofore 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 any and all things and
take any and all actions, which they, or any of them, may deem necessary or advisable in
order to consummate the implementation of the Project in accordance with
this Resolution.ADOPTED this 13th day of
January,
ATTEST:
8
Mary E~, City Clerk,nge
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 13th day of January, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: Murphy
COUNCILMEMBERS: None
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