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HomeMy WebLinkAbout04 - Upper Newport Bay Sediment Control and Enhancement ProjectBY THE tYOFA NOV 2 5 -t(, -Ci 5 TO: MAYOR AND MEMBERS OF THE C FROM: PUBLIC WORKS DEPARTMENT C3z ) November 25, 1996 CITY COUNCIL AGENDA ITEM NO. 4 SUBJECT: UPPER NEWPORT BAY SEDIMENT CONTROL AND ENHANCEMENT PROJECT 1 ,� C - RECOMMENDATION: Adopt the resolution approving Negative Declaration IP 96-157 regarding the Upper Newport Bay Sediment Control and Enhancement Project. DISCUSSION: On August 26, 1996, the City Council approved an agreement with the County of Orange (County) and The Irvine Company to transfer administration of project preparation work to the County and for the City and the County to serve as co -lead agencies for the Upper Newport Bay Unit III Project. Since then the County has begun the project preparation work, which includes administering consultant contracts and the environmental processing. Prior to starting the permitting and design process, an application for funding these activities will be submitted to the Coastal Conservancy for a $140,000 grant. A requirement of the application is the preparation and approval of a Negative Declaration (available for review in Public Works Department) for the project. The County is also recommending the adoption of the Negative Declaration at their Board meeting of December 3, 1996. The City's and County's resolutions will then be forwarded to the Coastal Conservancy for consideration with their action on the grant application on December 5, 1996. Assuming the $140,000 grant is obtained, work can begin on the permit processing with the U.S. Army Corps of Engineers, California Department of Fish and Game, State Lands Commission, Regional Water Quality Control Board, and the Coastal Commission. In addition, design, plans and specifications, and cost estimates for the project can be started. It is estimated that this process will take approximately six months to complete. Funding for the Upper Newport Bay Enhancement Project has not yet been secured. Having a shelf -ready project should assist the co -lead agencies in obtaining the estimated $5 million needed for construction. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director by: ' ahpia William Patapoff City Engineer/Engineering Services Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH IMPLEMENTING A SEDIMENT CONTROL AND ENHANCEMENT PROJECT IN PORTIONS OF UPPER NEWPORT BAY UNIT III AND ADJACENT ON - AND OFF -SHORE AREAS WHEREAS, the City of Newport Beach, in conjunction with the County of Orange, is proposing to implement a sediment control and enhancement project in portions of Upper Newport Bay and adjacent on- and off -shore areas; and WHEREAS, the project entails dredgingbitween approximately 725,000 and 825,000 cubic yards of accumulated material from portions of the upper bay and main access..channel, disposal of dredged material in an existing and approved offshore disposal site, and repair/modification of the Jamboree Road stabilizer structure located at 1 the Upper Newport Bay/San Diego Creek interface; and WHEREAS, since 1956, over a dozen separate dredging projects have been conducted within Upper Newport Bay to remove sediment, maintain or enhance marina habitat, and accommodate navigation/recreational use; and WHEREAS, recent dredging efforts by the City of Newport Beach involved development of the Upper Newport Bay/San Diego Creek Sediment Control Program, with three related projects to construct sediment control basins; and WHEREAS, previous environmental documentation related to subject project and pursuant to the California Environmental Quality Act (CEQA) is as follows: 1) 1981 San Diego Creek Comprehensive Storm Water Sedimentation Control Plan; Early Action & Interim Plan (EAIP) EIR; 2) 1984 EAIP EIR Addendum: Unit I Sediment Management and Restoration Program; dR 3) 1986 Upper Newport Bay Unit II Enhancement/Sediment Management Project EIR; and WHEREAS, the County of Orange and City of Newport Beach, acting as Co -Lead Agencies for the proposed project, prepared Negative Declaration IP 96-157 to address the environmental impacts associated with the Upper Newport Bay Unit III Sediment Control and Enhancement Project; and WHEREAS, on October 23, 1996 ND IP 96-157 was posted for a 30 -day public review period which ended on November 22, 1996; WHEREAS, during the 30 -day review period -- letters of comment were received and have been attached to the ND. NOW THEREFORE BE IT RESOLVED THAT in accordance with Section 21080 (c) of the Public Resources Code and CEQA Guidelines Section 15074, Negative Declaration IP 96-32, which reflects the independent judgment of the lead agency, satisfies the requirements of CEQA and is approved for the proposed project based on the following findings: a) The Negative Declaration IP 96-157 and comments received during the public review process were considered and the Negative Declaration was found adequate in addressing the impacts related to the project; and b) There is no substantial evidence that the proposed project, with the implementation of the mitigation measures, which are included in the Negative Declaration, will have a significant effect on the environment; and C) Pursuant to Public Resources Code Section 23081.6, the Mitigation Monitoring and Reporting Program (available for review in Public Works Department) is adopted. Adopted this day of , 1996. Mayor ATTEST: City Clerk