RES-10190 Precise Alignment Plan Cannon St. Santiago Canyon Rd.RESOLUTION NO. 10190
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A PRECISE
ALIGNMENT PLAN FOR THE CANNON STREET
AND SANTIAGO CANYON ROAD INTERSECTION
IMPROVEMENT PROJECT AND MAKING
CERTAIN FINDINGS IN CONNECTION
THEREWITH.
WHEREAS, the City of Orange (the City) is a municipal corporation which exercises
govermnental 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 realignment and
widening improvements to portions of Cannon Street and Santiago Canyon Road in the vicinity
of the intersection of those two roads, including certain improvements to the intersection of
those two roads (collectively, the Project), which Project is generally depicted on that certain
Precise Alignment Plan dated April 30, 2007, which has been prepared by the City's Public
Works Department (the Precise Plan). The Precise Plan is 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 1776-06 (the MND)
was prepared by the City, in the form presented to the City Council at its regular meeting of May
22 2007, 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 ofthe 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 ofreal 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 Precise Plan for the Project
and to authorize the City's Director of Public Works/City Engineer (or her designee) to refine
the Precise Plan, prepare, or cause to be prepared, plans and specifications and contract
documents,and to do any and all things she 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 remaining right-of-way
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 cormnents 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 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 (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)(I) and Section 753.5 of Title 14
ofthe California Code of Regulations concurrently with filing the Notice of Determination.
5. The Precise Plan for the proposed Project is hereby approved and the City's
Director of Public Works/City Engineer (or her designee) is hereby authorized to refine the
Precise Plan, prepare plans and specifications and contract documents, and to do any and all
things she 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
2
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 Precise Plan, 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 the acquisition of real property necessary for the Project and 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 22nd day of
May,
2007 ATTEST:
C;~ G Maty E.City Clerk,
1 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 22nd day of May, 2007, by the
following
vote:
AYES:
NOES:
ABSENT:ABSTAIN:COUNCILMEMBERS: Smith, Murphy, Cavecche,
Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
It 0'Mary
of