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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