HomeMy WebLinkAbout2009-59 - Big Canyon Creek RestorationRESOLUTION NO. 2009 -59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADOPTING A REVISED MITIGATED NEGATIVE DECLARATION FOR THE BIG
CANYON CREEK RESTORATION PROJECT LOCATED AT 1900 BACK BAY DRIVE
WHEREAS, a Mitigated Negative Declaration (MND) was prepared and
approved by the City Council on September 11, 2007; and
WHEREAS, water sampling was performed and high selenium concentrations
were discovered in the water column, sediment and animal tissue; and
WHEREAS, the project design was then revised to address this concern in
consultation with the California Department of Fish and Game, United States Army
Corps of Engineers, California Coastal Commission and Regional Water Quality Control
Board; and
WHEREAS, a revised MND was then prepared based on the revised design in
compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K -3 and then circulated for public comment between
July 2nd and August 3rd, 2009; and
WHEREAS, on the basis of the entire environmental review record, the MND
finds that the proposed project, with mitigation measures, will have a less than
significant impact upon the environment; therefore be it
BE IT FURTHER RESOLVED, that the City Council of the City of Newport Beach
does hereby find, on the basis of the whole record, that there is no substantial evidence
that the project, with mitigation measures, will have a significant effect on the
environment, and that the Revised Mitigated Negative Declaration reflects the City
Council's independent judgment and analysis. The City Council hereby adopts the
Revised Mitigated Negative Declaration. The document and all material, which
constitute the record upon which this decision was based, are on file with the Public
Works Department, City Hall, 3300 Newport Boulevard, Newport Beach, California.
City Clerk PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Newport Beach held
ATTEST:
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2009 -59 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of
August, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Mayor Selich
Noes: None
Absent: Gardner, Daigle
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of August, 2009.
V1 s�• �Ov ° "'"
City Clerk
Newport Beach, California
(Seal)