RES-10391 Mitigated Negative Declaration Approval Tustin St. Meats Ave. Intersection Widening ProjectRESOLUTION NO. 10391
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE
CONCEPTUAL PLAN FOR THE TUSTIN
STREET/MEATS AVENUE INTERSECTION
WIDENING PROJECT AND ADOPTING
MITIGATED NEGATIVE DECLARATION NO. ENV
1814-09 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 (i) certain street
widening improvements to the west side of Tustin Street (from approximately 350 feet north of
Meats A venue to approximately 425 feet south of Meats Avenue) and on the north and south
sides of Meats Avenue (from approximately 320 feet east of Tustin Street to approximately
360 feet west of Tustin Street); and (ii) associated undergrounding of utilities on Tustin
Street between Meats Avenue and Heim Avenue (collectively referred to herein as the
Project),which Project is more particularly described in Mitigated Negative Declaration No.
1814-09 MND) under Section "2.0 PROJECT DESCRIPTION" thereof. The
street widening improvements are generally depicted on the "Final Alignment Plan" prepared
by Joseph C. Truxaw and Associates and dated January 28, 2009 (referred to
herein interchangeably as the Conceptual Plan and the Plans). The Plans are a public record on file in the
Office of the Director of Public Works at 300 E. Chapman Avenue, Orange, California 92866
and are incorporated herein by this
reference; and WHEREAS, the MND was prepared by the City, as the lead agency
under the California Environmental Quality Act (CEQA), and presented to the City Council at
its regular meeting of June 23, 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
the MND Monitoring Program) and finds and determines that the MND and the
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
WHEREAS, the City Council desires to approve the Plans and to authorize the City
Engineer (or his designee) to prepare final 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
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 City Council has reviewed and considered
the information contained in the MND and the 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 the 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 the Monitoring Program are hereby approved
and
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, 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 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 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, employees 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 23rd day of
June,
ATTEST:
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 23r day of June, 2009, by the following
vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None 4