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HomeMy WebLinkAbout95-062 - Widening of the Seventeenth Street Overcrossing221 RESOLUTION NO. 95-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ANAMENDMENT TO AN AGREEMENT WITH THE CITY OF TUSTIN AND THE COUNTY OF ORANGE WITH REGARD TO THE WIDENING OF THE SEVENTEENTH STREET OVERCROSSING APPROACHES TO THE STATE ROUTE 55 FREEWAY, AND APPROVING A MITI- GATED NEGATIVE DECLARATION AND A MITIGA- TION MONITORING PROGRAM FOR SUCH PROJECT WHEREAS, the City of Santa Ana has entered into an agreement with the City of Tustin and the County of Orange, dated August 31, 1993, amended June 7, 1994 (which agreement, as thus amended, is referred to hereinafter as the "Agreement"), to provide funding for preliminary engineering, right-of-way maps, legal description and cost estimates for a project consisting of the widening of the Seventeenth Street overcrossing approaches to the State Route 55 freeway (the "Project"); and WHEREAS, the parties do now propose to amend the Agreement to provide for, among other things, the initiation of land acquisition for the Project; and WHEREAS, the City of Santa Ana has served and will continue to serve as the lead agency for the Project within the meaning of the California Environmental Quality Act; and WHEREAS, the Environmental Evaluator of the City of Santa Ana has prepared a mitigated negative declaration for the Project and a proposed mitigation monitoring program for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The mitigated negative declaration for the Project is hereby approved. 2. That certain "Amendment No. 2 to Cooperative Agreement D93-131 and Amendment No. 1 for the Widening of the Approaches to the Seventeenth Street Overcrossing of the SR 55 Freeway" is hereby approved and the Mayor and the Clerk of the Council are authorized to execute the same on behalf of the City. 3. The mitigation monitoring program attached hereto as Exhibit A and incorporated herein by reference is hereby approved and adopted for the Project. RESOLUTION 95-062 293 ADOPTED this 2nd ATTEST: COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Aye Lutz Aye McGuigan Aye Mills Abstained Moreno Ave day of October L 1995. APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution City of Santa Ana on Date: /m,/~//~ ~- to be the original resolution adopted by the City Council of the /// Clerk of the C-oundh I/ ~ City of Santa Ana RESOLUTION 95-062 MITIGATION MONITORING PROGRAM SEVEN'I~ENTH STREET WIDENING (ER 93-5) PREPARED FOR: CITY OF SANTA ANA PUBLIC WORKS AGENCY CITY OF PREPARED BY: SANTA ANA PLANNING DIVISION P.O. Box 1988 - M-20 Santa Aha CA 92702 AUGUST 18, 1995 EXHIBIT A 228 RESOLUTION 95-062 SEVENTEENTH STREET WIDENING MITIGATION MONITORING PROGRAM The following Mitigation Monitoring Program has been prepared for the proposed widening of Seventeenth Street between Tustin Avenue and Yorba Street (south). These mitigation measures are from the Mitigated Negative Declaration ER 93-5. Effective January 1, 1989, the California Environmental Quality Act (CEQA) was amended to add Section 21081.6, implementing Assembly Bill (AB) 3180. As part of CEQA environmental review procedures, AB 3180 requires a public agency to adopt a monitoring and reporting program for assessing and ensuring efficiency of any required mitigation measures applied to proposed developments. As stated in Section 21081.6 of the Public Resources Code: "...the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition or project approval, in order to mitigate or avoid significant affects on the environment." Section 21081.6 provides general guidelines for implementing monitoring and reporting programs. Specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final approval of the project proposal by the responsible decision maker(s). In response to established CEQA requirements and those of Public Resources Code Section 21000 et seq., the proposed mitigation monitoring program shall be submitted for consideration prior to completion of the environmental review process to enable the decision maker's appropriate response to proposals. The mitigation monitoring program must be provided as part of the Final Mitigated Negative Declaration. The mitigation monitoring program is presented in this section. Each recommended mitigation measure is listed and categorized by impact topic, with an accompanying discussion of: The party/agency responsible for implementation of mitigation measure. The phase of the project during which the measure should be monitored. The method of verifying compliance with mitigation measure. The agency responsible for monitoring compliance with mitigation measure. The monitoring agencies shall oversee elements of the mitigation monitoring program and review compliance verification forms to be developed by the City and supposed by a mitigation monitoring consultant. A sample of a "Compliance Verification" form is provided in Attachment A. Designated monitors shall ensure compliance verification forms are filled out correctly and proper action is being taken on each measure. Designated monitors will also be responsible for filing and updating the verification forms during all phases of the project. During design and construction phases, the designated monitors from the Planning and Building RESOLUTION 95-062 Agency and Public Works Agency will determine the need for a measure to be modified and ensure the use of a mitigation specialist if technical expertise beyond the monitor's ability is required. If it is found that an adopted mitigation measure is not being properly implemented, the designated monitors shall require corrective actions to ensure adequate implementation. Am In order to reduce dust from construction traffic, the City of Santa Aha shall sweep primary haul routes on a daily basis within a 1/4 mile radius of the project site. -Responsible for Implementation: City of Santa Aha, Public Works Agency -Monitoring Phases: During constmcfion -Method of Monitoring: Site Inspections -Monitoring Agency: City of Santa Aha Planning and Building Agency and City of Tustin The use of all construction equipment operations shall be suspended during second stage smog alerts. -Responsible for Implementation: City of Santa Aha, Public Works Agency and construction foreman. -Monitoring Phases: During construction -Method of Monitoring: Site inspections -Monitoring Agency: City of Santa Ana, Planning Division To reduce construction equipment emissions, low-sulfur fuel shall be used for stationary construction equipment pursuant to Rule 431.2. -Responsible for Implementation: City of Santa Ana, Public Works Agency -Monitoring Phases: During Construction -Method of Monitoring: Site inspections -Monitoring Agency: City of Santa Ana, Planning Division RESOLUTION 95-062 · NOISE 4. -Monitoring Phases: -Method of Monitoring: -Monitoring Agency: 5. Where appropriate, All construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. No construction shall be permitted on Sunday and federal holidays. -Responsible for Implementation: City of Santa Ana, Public Works Agency During construction Site inspections City of Santa Aha, Police Department construction equipment shall be muffled to reduce construction noise impacts. -Responsible for implementation: City of Santa Ana, Public Works Agency -Monitoring Phases: During construction -Method of Monitoring: Site inspections -Monitoring Agency: City of Santa Ana, Public Works Agency 6. All construction activities shall comply with local, State, and Federal construction noise regulations. -Responsible for/mplementatlon: City of Santa Aha, Public Works Agency -Monitoring Phases: -Method of Monitoring: -Monitoring Agency: During construction Site inspections City of Santa Ana, Public Works Agency LAND USE Under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the Cities of Santa Aha and Tustin would be required to pay all owners of real estate the fair market value for property taken, either in whole or in part, for the construction of the street widening. Fair market value is determined through an appraisal of the property. RESOLUTION 95-062 Z29 -Responsible for Implementa~' -Monitoring Phases: -Method of Monitoring: -Monitoring Agency: City of Santa Ana, Community Agency and City of Tustin Prior to right-of-way acquisition Real Estate correspondence Cities of Santa Ana and Tustin Development The City of Santa Ana would be required to assist the displaced businesses find alternative locations, either within or outside the City limits as appropriate. Business specific impacts such as those pertaining to loss of fixed equipment will be evaluated and compensated on a case by case basis. -Responsible for Implementation: City of Santa Agency -Monitoring Phases: -Method of Monitoring: -Monitoring Agency: Aha, Community Development Prior to relocation of businesses Real Estate correspondence City of Santa Ana RISK OF UPSET The City of Santa Aha shall assist the City of Tustin with a Phase I site investigation on the Chevron gas station site if necessary. Plans are subject to review and approval by the City of Tustin for the property within Tustin. -Responsible for Implementation: Cities of Santa Ana and Tustin Fire Departments -Monitoring Phases: -Method of Monitoring: -Monitoring Agency: Prior to widening adjacent to Chevron Station Site investigation Cities of Santa Ana and Tustin TRANSPORTATION/CIRCULATION 10. The Cities of Santa Ana and Tustin Public Works Agency and the project contractor will meet with representatives from the businesses affected to identify individual access needs during construction. Signage shall be provided that indicates the project construction limits, access routes, alternative route, detours, and entries to individual business sites. RESOLUTION 95-062 -Monitoring Phases: -Method of Monitoring: -Monitoring Agency: 11. -Monitoring Phases: -Method of Monitoring: -Monitoring Agency: 12. -Responsible for Implementation: Cities of Santa Ana and Tustin, Public Works Agencies During construction Site inspections Cities of Santa Aha and Tustin After the selection of the preferred right of way for the Seventeenth Street widening, the City staff will meet with the affected property 9Whets to determine parking needs. The impacts of the partial takes will be reviewed with each property owner. -Responsible for hnplementatiom Cities of Santa Aha and Tustin Prior to construction Site inspection Cities of Santa Ana and Tustin In the Cities of Santa Ana and Tustin, where loss of parking results in less than the minimum spaces required in the zoning or property code, the City shall recognize these parcels as non-conforming land uses, or provide other compensation should partial or full loss of use result. -Responsible for Implementation: Cities of Santa Ana and Tustin During right-of-way acquisition Site inspections and property appraisal Cities of Santa Ana and Tustin =Monitoring Phases: -Method of Monitoring: -Monitoring Agency: 13. The Cities of Santa Ana and Tustin should each develop traffic control plans such as the use of barricades, striping and signal modification to be implemented during the construction phase. -Responsible for Implementation: Cities of Santa Ana and Tustin, Public Works Agencies -Monitoring Phases: During construction -Method of Monitoring: Site inspections 231 RESOLUTION 95-062 -Monitoring Agency: Cities of: a Aha and Tustin 14. Access to all properties will be maintained throughout the construction period. If access is closed, appropriate detours shall be provided. -Responsible for Implementation: City of Santa Aha, Public Works Agency -Monitoring Phases: -Method of Monitoring: -Monitoring Agency: During construction Site inspections City of Santa Ana, Public Works Agency AESTHETICS 15. Each landscaped planter and setback that is removed as a result of this projcct should be replaced or relocated according to each cities' standards and funded by jurisdiction where the landscaping was lost. If such standards are not in place, the landscaping should be restored by the project applicant according to the desires of the City affected. -Responsible for Implementation: City of Santa Ana, Planning Division -Monitoring Phases: -Method of Monitoring: -Monitoring Agency: During and after construction Site inspections City of Santa Ana Planning Division RESOLUTION 95-062 ATTACItMENT A SEVENTEENTH STREET WIDENING MITIGATION MONITORING PROGRAM SAMPLE COMPLIANCE VERIFICATION FORM Mitigation Measure: # Impact Issue: Location: Onsite Project Phase: Design Description of Activity/Method of Implementation: (F. arth, Water, Traffic, Etc.) Offsite Administrative Construction Operation Disposition: .... Mitigation measure for the above-noted project phase implemented. No further action is required. Mitigation measure for the above-noted project phase is not fully implemented. Further action required. (Please explain below) Mitigation measure for the above-noted project phase is not in compliance. Further action required. (Please explain below) Comments/Revisions: Completed by: Approved by: , Name: Title: Date: Name: Tit/e: Date: A-1 RESOLUTION 95-062 17TH ST LH CITY OF SANTA ANA BONNER DR ~Z NGLIN cITY OF TUSTIN (NOT TO SCALE) Z33 PROJECT LIMITS LOCATION MAP City Council ~1~,~__~ Agen da Dote OCT. 2, 1995 EXHIBIT I Title:RESOLUTION APPROVING AMENDMENT TO AGREEMENT~ MITIGATED NEGATIVE DECLARATION~ AND ~LTIGATION MONITORING PROGRAM FOR THE 47TH STREET APPROACHES OF SR55