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Home My WebLink About05 - Newport Bay Water Wheel Project — Adoption of Mitigated Negative DeclarationCITY OF ?�PORr NEWPORT BEACH City Council Staff Report September 25, 2018 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: John Kappeler, Senior Civil Engineer, jkappeler@newportbeachca.gov PHONE: 949-644-3218 TITLE: Newport Bay Water Wheel Project — Adoption of Mitigated Negative Declaration ABSTRACT: Adoption of a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) in accordance with the California Environmental Quality Act (CEQA) for the Newport Bay Water Wheel located in San Diego Creek. RECOMMENDATION: a) Adoption of Resolution No. 2018-67, A Resolution of the City Council of the City of Newport Beach adopting Mitigated Negative Declaration No. ND2018-002 (SChW2018081013) for the Newport Bay Water Wheel Project (PA 2018-153), pursuant to the California Environmental Quality Act, State CEQA Guidelines and City Council Policy K-3; b) Approve Budget Amendment No. 19BA-008 recognizing revenue from the Ocean Protection Council in the amount of $1,680,000 (13801-431135-17X12) and appropriating $1,680,000 to 13801-980000-17X12 for Newport Water Wheel project contingent upon approval of the grant award by Ocean Protection Council; and c) Authorize the Mayor and City Clerk to execute a Cooperative Agreement with Ocean Protection Council for grant funding of Newport Bay Water Wheel contingent upon notification of grant award and review by the City Attorney's Office. FUNDING REQUIREMENTS: The Newport Bay Water Wheel Project is recommended for funding by the Ocean Protection Council's (OPC) Proposition 1 Grant of $1,680,000. A $12,000 contribution from Help Your Harbor has already been received along with a City budget of $8,000 to fund the environmental portion of this work. It is anticipated the OPC grant funds will cover the design and construction cost of the project for a total project budget of $1,700,000. 5-1 Newport Bay Water Wheel Project —Adoption of Mitigated Negative Declaration September 25, 2018 Page 2 OPC staff have recommended approval/funding of the grant proposal. The OPC Council will consider approval of the grant application at its October 25, 2018 board meeting. An OPC condition of approval is to have CEQA for the project complete and adopted. DISCUSSION: Every year, large volumes of trash and debris enter Newport Bay from the Santa Ana - Delhi Channel (SAD) and San Diego Creek (SDC), and subsequently ends up on the inter -tidal areas around Upper Bay and deposits on beaches at the Newport Dunes and around the lower harbor. Some trash and debris exits the Harbor Jetty directly into the open ocean and potential deposits on the beaches along the Balboa Peninsula, and down coast to Big Corona Beach. In addition, a portion of the trash becomes embedded in the bay sediments. The Water Wheel (Attachment C) is a proposed water quality improvement project for Newport Bay. This project is also one of the goals/objectives for the City's Water Quality/Coastal Tidelands Committee. Councilmember Avery chairs the committee and at its September 6, 2018 meeting, the committee passed a motion to support the project. This facility is designed to capture floatable trash, from both dry -weather as well as storm flows, generated from the 120 square mile up -stream tributary area that passes through San Diego Creek into the bay. With implementation ofthe San Diego Creek Water Wheel, along with the recently completed Santa Ana -Delhi Regional Trash Capture Facility, combined with the City's extensive local storm drain system trash collection efforts, the Bay should immediately experience trash load reductions of 50 - 80%, an important step toward more fully protecting subtidal and intertidal habitats. The construction period is anticipated to take place within a six-month period and currently proposed to begin in the spring of 2020. At its meeting of February 13, 2018, the City Council authorized and supported through Resolution 2018-6 the application for Proposition 1 grant funds from the Ocean Protection Council for this project. The City grant application was successful and OPC staff is recommending full funding for the project. The OPC board will consider approval of the grant application at its October 25, 2018 board meeting in Santa Cruz. ENVIRONMENTAL REVIEW: An MND has been prepared by Stantec Consulting Services, in accordance with CEQA, the State CEQA Guidelines, and City Council Policy K-3. A copy of the MND is available on the City's website, at each Newport Beach Public Library, and at the Community Development Department at City Hall. In addition, 15 hardcopies and one electronic copy was mailed to the State Clearinghouse; one hard copy and one electronic copy was hand - delivered to the Orange County, County Clerk; and one hard copy and one electronic copy were mailed to six different local interested parties. 5-2 Newport Bay Water Wheel Project —Adoption of Mitigated Negative Declaration September 25, 2018 Page 3 The MND does not identify any project component that would result in a "potentially significant impact' on the environment per CEQA guidelines. Based upon the analysis of the Initial Study, the environmental categories within which the project would have either no impact or less than significant impact were: Aesthetics, Agricultural/Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology/Water Quality, Land Use/ Planning, Mineral Resources, Noise, Population/ Housing, Public Services, Recreation, Traffic/Transportation, Tribal Cultural Services, and Utilities/Service Systems. Based upon the analysis of the Initial Study, there were no environmental categories within which the project would have potentially significant impacts. Specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. An MMRP has been prepared for consideration and is included with the Final Initial Study/MND as Exhibit "B" of the draft resolution. The MND was made available for public review for a 30 -day comment period from August 3, 2018 to September 2, 2018. Four comment letters were received for consideration. Although not required to pursuant to CEQA, written responses have been prepared for each of the comment letters and they are included in the Final Initial Study/MND (Attachment B). The final version of the MND has been available to the public as of September 18, 2018. No new significant information has been present to warrant recirculation of the MND, and staff recommends adoption of the MND and MMRP. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Resolution No. 2018-67 Attachment C — Water Wheel Site Plan Attachment D — Budget Amendment 5-3 ATTACHMENT A 5-4 ATTACHMENT B RESOLUTION NO. 2018-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. ND2018- 002 (SCH#2018081013) FOR THE NEWPORT BAY WATER WHEEL PROJECT (PA2018-153) WHEREAS, Newport Bay experiences large volumes of trash and debris yearly from San Diego Creek; WHEREAS, the City of Newport Beach ("City") strives for a healthy trash free Bay and clean water quality; WHEREAS, the City's Water Quality/Coastal Tidelands Committee's 2017-2018 Committee Goals/Objectives prioritize the installation of a trash collection device in San Diego Creek; WHEREAS, a public meeting was held by the City Council on September 25, 2018, in the Council Chambers located at City Hall, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; and WHEREAS, after thoroughly considering the Newport Bay Water Wheel Project Mitigated Negative Declaration ("MND"), and the public testimony and written submissions of all interested persons desiring to be heard, the City Council finds the following facts, findings, and reasons to support adopting the MND: 1. Pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Sections 21000, et seq., the CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council Policy K-3, the proposed amendments ("Project") are defined as a project and as such subject to environmental review. 2. The City caused to be prepared an Initial Study/MND in compliance with CEQA, State CEQA Guidelines and City Council Policy K-3. 3. Notice of availability of the draft MND was provided and the draft MND was made available for public review for a thirty (30) day comment period beginning on August 3, 2018, and ending September 2, 2018. Notice of Availability of the draft MND was given in accordance with CEQA, State CEQA Guidelines and City Council Policy K-3. Four (4) comment letters were received during the thirty (30) day review period. 5-5 Resolution No. 2018 - Page 2 of 3 4. Although not required pursuant to CEQA, written responses to all four (4) comment letters received were prepared. The comments and responses were considered by the City Council while considering the approval of the proposed project. The comments and responses to comments do not represent significant new information to warrant recirculation of the MND. 5. The Final MND (including Responses to Comments and Mitigation Monitoring and Reporting Program) is attached as Exhibit "A" and incorporated herein by reference. The documents and all related materials, which constitute the record upon which this decision was based, are on file with the Public Works Department, City Hall, 100 Civic Center Drive, Newport Beach, California. 6. On the basis of the entire environmental review record of the proposed project, the mitigation measures will have a less than significant impact upon the environment and there are no known substantial adverse effects on human beings that would be caused. Additionally, there are no long-term environmental goals that are compromised by the project. The mitigation measures identified by the MND and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce potential environmental impacts to a less than significant level. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council of the City of Newport Beach hereby adopts MND No. 2018-002 (SCH#2018081013) attached as Exhibit "A", which is incorporated by reference. Section 2: The City Council of the City of Newport Beach directs the Public Works Director to incorporate the mitigation measures contained in the Mitigation Monitoring and Reporting Program included in the Final MND in the plans and specifications for the project to be implemented. Section 3: The recitals provided in this resolution are true and correct and constitute, in part, the findings of the City Council for adoption of the attached MND. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or ss Resolution No. 2018 - Page 3 of 3 more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of September, 2018. Marshall "Duffy" Duffield Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE fob- Aaron C. Harp City Attorney Attachment: Exhibit A — Final Mitigated Negative Declaration 5-7 Exhibit "A" Newport Bay Water Wheel Project Mitigated Negative Declaration No. ND2018-002 State Clearinghouse Number 2018081013 Due to the large file size of the Mitigated Negative Declaration (MND), please click the link below to view the document in its entirety. www.newportbeachca.gov/waterwheel a DUMPSTER A (UNLOADING) i STEEL TRACK s'. 7 TRACK PILES WITH CROSS f MEMBER, (TYP. OF 8) - - DUMPSTER BARGE — _,�v'` DUMPSTER A (LOADING POSITION) — 0 1 2 20 0 20 SCALE: 1"=20' REMOVE EX. PILES, TYP. WATERWHEEL PI S, (TYP. OF 2), ADDITIONAL PILE AS REQUIRED FOR STABILITY WATERWHEEL BARGE PILES WITH ROLLERS, (TYP. OF 4) ATTACHMENT C FLOATING TRASH BOOMS, (TYP. OF 2) 96 '— _ Ar - s . PLAN: WATERWHEEL SITE LOCATION PROFESSIONAL documents wereCERTIFICATION.epareor provedhereby certify me, these documents were prepared or approved ce me, FIG. 1 SCALE: 1'=20'-U' and that I am a duly licensed professional engineer underthe laws ofthe State Of Maryland, BOOM ANCHORS] (TYP. OF 2) 5-9 City of Newport Beach BUDGET AMENDMENT 2018-19 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: ATTACHMENT D NO. BA- 19BA-008 AMOUNT: 1 $1,680,000.00 This budget amendment is requested to provide for the following.- To ollowing:To increase revenue estimates and expenditure appropriations for the Newport Bay Water Wheel project due to grant award from the Ocean Protection Council. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object REVENUE ESTIMATES Org Obiect Project 13801 431135 17X12 EXPENDITURE APPROPRIATIONS Org Object Project 13801 980000 17X12 Signed: _ Fi Signed Signed I Approval: Fina Description Description Environmental CIP - Gov't Refund Description Amount Debit Credit $1,680,000.00 Environmental CIP - Newport Bay Water Wheel 17X12 -Design -138 -Unassigned 17X12 -Construct -138 -Unassigned 17X12 -Unassigned -138 -Unassigned Administr Approval: City Manager City Council Approval: City Clerk Automatic $170,000.00 $1,500,000.00 $10,000.00 Date Date Date 5-10 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance ONE-TIME? M Yes No This budget amendment is requested to provide for the following.- To ollowing:To increase revenue estimates and expenditure appropriations for the Newport Bay Water Wheel project due to grant award from the Ocean Protection Council. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object REVENUE ESTIMATES Org Obiect Project 13801 431135 17X12 EXPENDITURE APPROPRIATIONS Org Object Project 13801 980000 17X12 Signed: _ Fi Signed Signed I Approval: Fina Description Description Environmental CIP - Gov't Refund Description Amount Debit Credit $1,680,000.00 Environmental CIP - Newport Bay Water Wheel 17X12 -Design -138 -Unassigned 17X12 -Construct -138 -Unassigned 17X12 -Unassigned -138 -Unassigned Administr Approval: City Manager City Council Approval: City Clerk Automatic $170,000.00 $1,500,000.00 $10,000.00 Date Date Date 5-10