RES-9946 Conceptual Plan Approval Street Improvements Orange-Olive Rd.RESOLUTION NO. 9946
I
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONCEPTUAL
PLANS FOR THE ORANGE-OLIVE ROAD AND
HElM AVENUE STREET, SEWER, AND STORM
DRAIN IMPROVEMENTS 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, sewer, and storm drain
improvements to Orange-Olive Road and Heim Avenue (the Project), which Project is
generally depicted on conceptual plans entitled "Orange-Olive Road and Heim Avenue Revised
Planned Improvements", which have been prepared by the City's Public Works Department,
are dated as of February 16,2005 - (the Conceptual Plans). The Conceptual Plans are public
records on file in the Office of the Public Works Director/City Engineer at 300 E. Chapman
Avenue, Orange, California 92866; and
WHEREAS, Mitigated Negative Declaration No. ENV 1744-05 (the MND) was prepared
by the City, in the form presented to the City Council at its regular meeting of March 22, 2005,
because it appeared that the Project's potential 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 ofthe Project; and
I
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 ofreal property for street widening with the City's adopted General Plan. Since
the Project will involve the acquisition of real property for street improvements, no report has
been rendered by the planning agency for the proposed Project; and
WHEREAS, this City Council desires to approve the Conceptual Plans for the Project
and to authorize the City's Public Works Director/City Engineer (or his designee) to refine the
Conceptual 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 the making of offers to acquire the necessary
right-of-way for the street widening 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;
e. That there is no evidence before the City Council that the proposed Project
will have any potential for an adverse effect on wildlife resources or the habitat upon
which the wildlife depends. Therefore, the proposed Project will have a 'effect and is,
therefore, exempt from the fish and game fee requirement under California Fish and Game
Code Section 7l1.4(d)(I) and Section 753.5(c) of Title 14 of the California Code of
Regulations; and
f. That the documents or other material which constitute the record of
proceedings upon which its decision is based is 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 (the MMRP)
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 file a Notice of Determination with the Clerk of Orange
County in accordance with Section 21152 of the California Public Resources Code and to file a
Certificate of Fee Exemption for the Project, along with the Notice of Determination, in
accordance with the form set forth in Section 753.5 of Title 14 of the California Code of
Regulations.
2
I
5. The Conceptual Plans for the proposed Project are hereby approved and the
City's Public Works Director/City Engineer (or his designee) is hereby authorized to refine the
Conceptual Plans, prepare plans and specifications and contract documents, and to do any and
all things he or they deem 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 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 street widening 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 Conceptual 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.
ADOPTED this 22nd day of March, 2005.
f1;t /.11 L Y}1f- .11
Mark . Murphy, Mayo,'!. ity of Orange
v
ATTEST:
M~~~=g,
I
3
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 22nd day of March, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Lu.~
Mary E. M
6
ty Clerk,
4