RES-10709 Adopting Mitigated Negative DeclarationRESOLUTION NO. 10709
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
MITIGATED NEGATIVE DECLARATION NO. ENV
1833 -13 AND A MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE LINCOLN
AVENUE SIDEWALK PROJECT, APPROVING
PRELIMINARY PLANS THEREFORE, 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 pavement widening, curb,
gutter and sidewalk improvements to portions of Lincoln Avenue in the vicinity of the
Orange -Olive Road and Olive Street (the "Project "), which Project is more particularly
described in the City of Orange Capital Improvement Program (Project Number 20072),
Lincoln Avenue HSIP Improvement Project. 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 1833 -13 (the "MND ") was
prepared by the City, in the form presented to the City Council at its regular meeting of April
23, 2013, 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 improvements with the City's
adopted General Plan. Since the Project will involve the acquisition of real property for
street improvements, 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's 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:
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 (provided as
attachments to the City Council Staff Report) are hereby approved and adopted.
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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's 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 heretofore 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 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 23` day of April, 2013.
eresa t. Smith, Mayor, City of Orange
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ATTEST,
Mary E. M ity Cler ge
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly ado by the City Council of
the City of Orange at a regular meeting thereof held on the 23' day of April, 2013, by the
following vote:
AYES:COUNCILMEMBERS:Bilodeau, Murphy, Smith, Whitaker, Alvarez
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
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Mary E ity Clerk, Cit e
rd