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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)