RES-9882 Preliminary Approval Chapman Ave Yorba St Intersection Widening ProjectRESOLUTION NO. 9882
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING PRELIMINARY
PLANS FOR THE CHAPMAN AVENUE AND
YORBA STREET INTERSECTION WIDENING 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 widening improvements
to the intersection of Tustin Street and Chapman Avenue and Yorba Street (the Project), which
Project is generally depicted on those certain plans entitled Preliminary Alignment Plans for
Chapman Avenue/Yorba Street Intersection, which have been prepared by the City's Public
Works Department, are dated as of May 28, 2004, and consist of shef:ts 1 through 11 (the
Preliminary Plans), The Preliminary 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, the City has heretofore hired a licensed professional environmental
consultant to conduct a paper audit and evaluation of the past ownership and uses of the
property which is proposed to be acquired for the Project through a review of all
available historical records (e.g., title policies, regulatory agencies' files, site plans or
maps, aerial photographs) and an initial site evaluation through a comprehensive visual
inspection, The consultant that prepared that report found no evidence which would
indicate the presence of a recognized environmental condition or a discharge, release or
disposal of any contaminants on the subject real property which would necessitate an
environmental response or remediation action; and
WHEREAS, Mitigated Negative Declaration No, ENV 1730-04 (the MND) was
prepared by the City, in the form presented to the City Council at its regular meeting of June 22,
2004,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 envirorunent;
and WHEREAS, this City Council has reviewed and considered the information
contained in the MND and, as the lead agency under the California Envirorunental 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
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 Preliminary Plans for the Project
and to authorize the City's Public Works Director/City Engineer (or his designee) to refine the
Preliminary 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 acquirf: 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 intheMND;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 de
minimis effect and is, therefore, exempt from the fish and game fee requirement under
California Fish and Game Code Section 711.4(d)(1) and Section 7S3,S(c) of Title 14 of
the California Code of
Regulations; and Reso. No.
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 Progranl (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 the original and a duplicate copy of 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.
5, The Preliminary 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
Preliminary 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 wiII 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 Preliminary
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
June, 2004,J (~ ;
14 --Mark ,Murphy, Mayor,
Cit Reso, No, 9882
ATTEST:
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 June, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: Coontz
COUNCILMEMBERS: None
Reso, No, 9882 4