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Home My WebLink About2024-79 - Adopting a Mitigated Negative Declaration (SCH#2024070802) for the Collins Island Bridge Replacement Project (PA2018-153)RESOLUTION NO. 2024-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH#2024070802) FOR THE COLLINS ISLAND BRIDGE REPLACEMENT PROJECT (PA2018-153) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, the Collins Island Bridge is located on the western portion of Balboa Island at the intersection of Park Avenue and the Bay Front sidewalk and connects the Collins Island community with greater Balboa Island ("Property"); WHEREAS, the Collins Island Bridge was constructed in 1953 and is approaching the end of its useful life; WHEREAS, with the planned construction of the adjacent stormwater pump station, the City proposes to replace the Collins Island Bridge so that it conforms with updated California Building Code standards and at an increased elevation of two to three feet above the existing bridge deck to address anticipated sea level rise ("Project"); WHEREAS, the City prepared a mitigated negative declaration ("MND") in accordance with the California Public Resources Code Section 21000, et seq., the State CEQA Guidelines as set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act), to address environmental impacts associated with the Project; and WHEREAS, a public meeting was held by the City Council on October 22, 2024, 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 Government Code Section 54950 et seq. ("Ralph Brown Act") and Public Resources Code Section 21092. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. Resolution No. 2024-79 Page 2 of 4 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby adopts the MND (SCH#22024070802) including the Initial Study, Response to Comments, Errata and Mitigation Monitoring and Reporting Program ("Final MND") which is attached hereto as Exhibit "A," and incorporated herein by reference. The City Council's approval of the Final MND is made after thorough consideration of the Project's MND, public testimony and written submissions of all interested persons desiring to be heard, and the following facts and findings: The Final MND was prepared for the Project pursuant CEQA, the CEQA Guidelines, and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). 2. The City caused to be prepared an Initial Study, a preliminary analysis to determine the relative environmental impacts associated with the Project. The Initial Study identified potentially significant effects; however, modest project revisions would avoid or reduce those effects. Therefore, an MND was prepared 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 day comment period beginning on July 23, 2024, and ending August 21, 2024. Notice of Availability of the draft MND was given in accordance with CEQA, State CEQA Guidelines and City Council Policy K-3. Two comment letters were received during the thirty day public review period. 4. Although not required pursuant to CEQA, the City provided written responses to the two comment letters. The comments and responses to comments were considered by the City Council while considering the approval of the Project. The comments and responses to comments do not represent significant new information to warrant recirculation of the draft MND. 5. The documents and all related materials, which constitute the record upon which this decision was based, including the Final MND attached as Exhibit 'A" are on file with the Public Works Department, City Hall, 100 Civic Center Drive, Newport Beach, California. Resolution No. 2024-79 Page 3of4 6. On the basis of the entire environmental review record of the Project, the mitigation measures will have a less than significant impact on 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. Section 2: The City Council 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. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 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 more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2024-79 Page 4 of 4 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 22nd day of October, 2024. -� e .�� , Will O'Neill Mayor ATTEST: r 1P O Leilani I. Brown 2 City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment: Exhibit A — Final Mitigated Negative Declaration Exhibit A Collins Island Bridge Replacement Project Final Mitigated Negative Declaration (State Clearinghouse Number 2024070802) Due to file size, a complete copy of the MND can be found here: https://www. newportbeachca. gov/cega STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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; the foregoing resolution, being Resolution No. 2024-79 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 22"d day of October, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Erik Weigand NAYS: None ABSENT: Mayor Pro Tern Joe Stapleton, Councilmember Lauren Kleiman IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of October, 2024. 4&00- Leilani I. Brown City Clerk Newport Beach, California