RES-10384 Mitigated Negative Declaration Approval Main Street Widening Project SP-3541RESOLUTION NO. 10384
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE
CONCEPTUAL PLAN AND ADOPTING
MITIGATED NEGATIVE DECLARATION NO. ENV
1813-09 FOR THE MAIN STREET
WIDENING PROJECT SP3541 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 Main Street between Chapman Avenue and SR-22 (the
Project), which Project is more particularly described in Mitigated Negative Declaration No.
1813-09 (MND)under Section 2.0 Project Description and in particular on the Conceptual
Site Plan prepared by City Staff and dated April 15, 2009 (Exhibit 2-3 to the MND,
hereafter, 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 are part of
the record herein; and WHEREAS, the MND was prepared by RBF Consulting and reviewed
by City staff, in the form presented to the City Council at its regular meeting of May
26, 2009, which concludes 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, the City Council has reviewed
and considered the information contained in the MND and the mitigation monitoring and reporting
program for MND No.1813-09 (Monitoring Program) and, as the lead
agency under the California Environmental Quality Act (CEQA), finds and determines that the
MND and Monitoring Program fulfill CEQA requirements in connection with the
approval of the Project; and WHEREAS, pursuant to the authority granted by
Section 65402 of the California Government Code, the City Council 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 General Plan; and WHEREAS, the City Council desires to approve the Plans and
to authorize the City's City Engineer (or his designee) to prepare plans
and specifications and contract documents,and to do any and all things he deems necessary or advisable in order
to carry out and comply with the terms and intent of this Resolution, including the making
of offers to acquire the
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 City Council has reviewed and considered the information
contained in the MND and Monitoring Program 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 Monitoring Program and that both documents reflect the City's independent
judgment and analysis;
c. That the mitigation measures identified in the MND will reduce noise
impacts to a level of insignificance even though the noise from nighttime work will
result in the nighttime noise thresholds set forth in Chapter 8.24 of the Orange
Municipal Code to be exceeded at times and as such, the City Council authorizes such
work to be performed consistent with the MND;
d. 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;
e. That it is neither necessary nor required that an environmental impact
report be prepared for the Project described in the MND; and
f. 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 Monitoring Program 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, if applicable, to the Clerk of the
County of Orange the fish and game fee, the County's documentary handling fee, 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.
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5. The Plans for the proposed Project are hereby approved and the City
Engineer (or his designee) is hereby authorized to prepare additional 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( s) to render written opinions 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. The 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 26th day of
May,
2009
ATTEST:8 Mary
E.
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 26t day of May, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Mary E.
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