RES-10405 Approval and Adoption of MND and Mitigation Monitoring & Reporting Program for Sanitago Creek Bike TrailRESOLUTION NO.10405
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
MITIGATED NEGATIVE DECLARATION NO. ENV
1819-09 AND A MITIGATION MONITORING
AND REPORTING PROGRAM FOR A PORTION OF
THE SANTIAGO CREEK BIKE TRAIL - NORTH
PROJECT; APPROVING CONCEPTUAL 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 construct a 10.0-foot wide asphalt
concrete Class I bicycle and pedestrian trail along portions of Collins Avenue, Hewes Street,
Santiago Canyon Road and Cannon Street approximately1.7 miles in length (herein referred to as
the Project), which will become, once constructed, part of what is commonly known as
the Santiago Creek Bike Trail -North. The Project is more particularly described on
those certain Conceptual Plans for the Santiago Creek Bike Trail North, consisting of three
sheets which have been prepared by staff of the Department of Public Works of the City of
Orange the Plans) and are public records on file in the Office of the Director of Public Works at
300 E. Chapman Avenue, Orange, California 92866;
and WHEREAS, the Project is described in Mitigated Negative Declaration No.
ENV 1819-09 (Santiago Creek Bike Trail North Project). Said Mitigated
Negative Declaration,together with Responses to Comments, and a Mitigation Monitoring and
Reporting Program,were prepared by the City, as the lead agency under the California Environmental
Quality Act California Public Resources Code Section 21000 et seq.) and are on file in the Office
of the City Clerk of the City of Orange. The Mitigated Negative Declaration,
Responses to Comments, and Mitigation Monitoring and Reporting Program shall be referred
to herein collectively as the
MND; and WHEREAS, this City Council has reviewed and considered
the information contained in the MND and finds and determines that the MND is all that is
necessary in connection with the proposed Project and its approval because it appears 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
WHEREAS, in accordance with the requirements of Section 65402 of the California
Government Code, the City's Director of Community Development has found and
determined that the location, purpose and extent of the real property or interests therein
necessary to be acquired by the City to implement the Project from the Orange County Water
District, the County of Orange, the Orange County Flood Control District and private
property owners are in conformance with the City's adopted General Plan; 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 (including, but not limited to, a
notice inviting bids and bid package), 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 or interests
therein which will be the subject of acquisition, and the making of conditional offers to
acquire the necessary real property or interests therein for the Project.
WHEREAS, the adoption of this Resolution does not constitute the exercise of control
over property by the City. This City Council finds and determines that it is not
committing itself to (a) the acquisition of any real property or interest therein that might
be required for the implementation 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.
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;
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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, including the Mitigation Monitoring and Reporting Program, is
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 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, or cause to be prepared,
plans and specifications and contract documents (including, but not limited to, a. notice
inviting bids and bid package and collectively referred to as the "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 or interests therein which will be the subject of acquisition,
and the making of conditional offers to acquire the necessary real property or interests therein
for the Project.
6. The City Engineer is hereby authorized and directed to return to the City Council
for approval of the final Plans and Contract Documents, at which time the City Council
will consider whether to authorize advertisement for bids in accordance with the
requirements of the City's Purchasing Ordinance and, specifically, Sections 3.08.530
through 3.08.590 of the Orange Municipal Code.
7. The City Engineer is hereby further authorized and directed to submit any
conditional offers to acquire real property or interests therein to the City Council for
approval, it being understood that the City Council hereby reserves final discretion and
approval as to any acquisition of real property or interests therein and all proceedings
and decisions in connection therewith.
8. The officers of the City are hereby authorized and directed, jointly and
severally, 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 carry out, give effect to and comply with the
terms and intent of this resolution and to consummate the implementation of the Project
in accordance with this Resolution (including, but not limited to, the obtainment of any
permits, streambed alteration agreements, and other approvals from the California
Department of Fish and Game, the United States Fish And Wildlife Service, and any other
federal or state resource agencies), and any such actions previously taken by such officers are
hereby ratified and confirmed.
ADOPTED this 8th day of September, 2009
ATTEST:
Mary E. _~t; City
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 8th day of September, 2009, by
the following vote:
AYES: COUNCILMEMBERS: Smith, Murphy, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cavecche
ABSTAIN: COUNCILMEMBERS: None
r
Mary E. ity Clerk, City nge
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