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DATE: <br />TO: <br />FROM: <br />MATTER: <br />SUBJECT: <br />> CITY OF NEWPORT BEACH <br />z <br />CITY ATTORNEY'S OFFICE <br />February 11, 2014 <br />City Council <br />Leonie Mulvihill, Assistant City Attorney <br />Jaime Murillo, Senior Planner <br />Back Bay Landing <br />No.: Al2 -00405 <br />"RECEIVED AFTER AGENDA <br />PRINTED!' <br />a•It.Ic( <br />Correspondence Received from Robert C. Hawkins dated February <br />10, 2014 <br />Included on the City Council's agenda for February 11, 2014 as Agenda Item 11 is the <br />Back Bay Landing Project. The City received correspondence yesterday and today <br />providing comments to the Back Bay Landing Final Environmental Impact Report. The <br />purpose of this memorandum is to provide with our review and analysis of these <br />comments. The comments included and identified in numerical order in Attachment No. <br />1. <br />Comment 1 <br />In correspondence dated February 10, 2014, Robert C. Hawkins states that he is <br />providing comments on behalf of Stop the Dunes Hotel, an unincorporated community <br />action group and "Friends of the Bay dedicated to protection of Upper and Lower <br />Newport Bay." This correspondence states that the Project "threatens the Upper and <br />Lower Newport Bay environment, traffic, biological resources, aesthetics and views, <br />noise, and other resources' and that the comments are providing in the hope of <br />avoiding significant impacts. The commenter states that these comments are timely. <br />The comments are not timely. The City issued a Notice of Preparation (NOP) of an <br />Environmental Impact Report (El R) for the Project on October 1, 2012, advising that the <br />City would receive comments on the NOP through October 30, 2012. The City <br />published a Draft EIR (DEIR) on October 4, 2013 advising that the comment period <br />would end on November 18, 2013. Mr. Hawkins failed to submit a comment letter on <br />