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HomeMy WebLinkAbout2010-91 - Rhine Channel ProjectRESOLUTION NO. 2010-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP PROJECT WHEREAS, An Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between June 11 and July 13, 2010. The contents of the environmental document, including comments on the document, have been considered on this project; and WHEREAS, on the basis of the entire environmental review record, the proposed project, with 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 would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level; and therefore be it 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 Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. The City Council hereby adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program attached as Exhibit "A." The document and all material, which constitute the record upon which this decision was based, are on file with the Harbor Resources Division, 829 Harbor Island Drive, Newport Beach, California. ATTEST: PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 2010 IN 4 Keith D. Curry Mayor Exhibit A Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Mitigation Monitoringa dRepotingPregram /u1y2010 Rhine Channe /Contaminat�Sediment Cleanup I 090.243 -M Method of Timing of 71aponsibility MM No. Mitigation Measure Verification Implementation Air Quality Push tugboat/tenders and work /crew boats shall use Tier Plans and Construction 3 main engines. Tugboats used to tow disposal barges to Specifications Check, Prior to and During Contractor, Cityof ' AQ -1 Middle Harbor CDF during both Phases 1 and 2 shall use Equipment Check, Dredging and Newport Beach Harbor Tier 2 main engines. Monitoring Construction Resources and Public Works Departments The City shall purchase credits to offset an estimated 3,969 pounds of NOx emissions credits to mitigate the exceedance of the significance threshold for NOx emissions from this project. The offset credits will meet the fallawing criteria: • Emission credits have been derived from emission reduction projecq'sl through existing SCAQMD protocols. City of Newport Beach • Emission credits will be current for the time the Plansand Prior Dredgingand Harbor Resources and AQ-2 project takes place, meaning the MSERCS have not Specifications Check, C Construction Public Works expired before or during the period when the Proof of Purchase Departments emissions from the project would occur. • All emission credits used to midge to significant air quality impacts from the construction of the proposed project shall be consistent with the ACMD's CEQA policies and procedures document titled: Revised CEQA Policy and Procedures in Allowing the Use of Emissions Credits to Mitigate Signiffea nt Air Quality Impacts from Construction. Plans and Construction All diesel- powered equipment shall be equipped with a Prior to and During Contractor, City of AQ -3 meter to record hourly usage (not including worker Specifications Check, Dredging and Newport Beach Harbor vehicles, haul rucks, or delivery trucks). Equipment Check, Construction Resources and Public Monitoring Works Departments Mitigation Monitoringa dRepotingPregram /u1y2010 Rhine Channe /Contaminat�Sediment Cleanup I 090.243 -M Mitigation Monitoring and Reporting Program Mitigation MonitoringaadRepervpn Rtngam 1.`y2OJC Rhine Channel Contami t&u`Sediment Cleanup 2 090249 -01 Method of Timing of MM No. Mitigation Measure Verification Implementation Responsibility Construction Contractor, Plans and Independent The meter on each piece of equipment shall be verified AQ-4 by an independent construction monitor who shal I certify specifications specifications Check, prior to Construction Construction Monitor, Equipment Check, Ciry Newport Beach that it is working properly. Monitoring Harbor Resources and Public Works Departments Construction To demonstrate that measures AQ -2, AQ-4, and AQ -5 Contractor, Independent have been met, a presrart up audit of equipment shall be Specifications Check, 5Equip Monitor, City AC-5 prepared by an independent construction monitor and Equipment Check, ant Prior to Construction of Newport City Newport Beach provided to the SCAQMD for review prior to dredging Monitoring Harbor Resources and a activities. Public Works Departments Plans and Specifications Check Prior to Construction Plans and Contractor, City of A46 The hourly meter reading for each piece of equipment Specifications Check, Construction, Newport Beach Harbor shall be recorded. Monitoring Implementation During Resources and Public Dredging and Works Departments Construction Construction Plans and Specifications Contractor, Check Prier to Independent Equipment use and hours of operations shall he recorded Plans and Construction, Construction Monitor, AC-7 by the contractor and verified on a weekly basis by an Specifications Check, Implementation During City of Newport Beach independent monitor. Monitoring Dredging and Harbor Resources and Construction Public Works Departments Mitigation MonitoringaadRepervpn Rtngam 1.`y2OJC Rhine Channel Contami t&u`Sediment Cleanup 2 090249 -01 Mitigation Monitoring and Reporting Program Mitigation Mositotingand Reporting Prng ane My1016 Rhine Channel CimnooinatedSediment Cleanup 3 090243 -01 Method of Timing of MM NO. Mitigation Measure Verification Implementation Responsibility A monthly report shall be submitted to the SCAQMD to demonstrate that measures AC-S and AQ -] have been met. The monthly report shall summarize equipment Plans and specifications Construction used, hours of operation, NOx emissions as well as Plans and Check Prior to Contractor, SCAQMD, Identify any problems that occur and corrective actions Specifications Check, Construction, Newport City of New port Beach City AQ -8 implemented by the contractor. If NOx emissions exceed Monitoring and Implementation Monthly Harbor Resources and the original estimation, the report should also include Submittal During Dredging and Public Works additional Reactive Organic Gases (ROG), CO, and SOx Construction Departments emissions emitted to ensure no exceedance of SCAQMD's California Environmental Quality Act (CEQA) NOx construction significance threshold. Within 15 days after the end of each construction month, Plans and Specifications Construction NOx emissions exceeding the original estimation as Plans and Check Prior to SCQAMD, City identified in AQ -8 shall be reconciled and reported to the Specifications Check, Construction, Newport Beach City of New AC-9 SCAQMD. NOx emission credits shall be purchased to Monitoring and Implementation Monthly Harbor Resources and o reconcile actual emissions with the previously purchased Submittal Dredging During Dredging and Public Works NOx emission credits, if necessary, at the completion of the project. Construction Departments A final report summarizing all construction activities, NOx Plans and Speciflai tions Construction emissions, and reconciliation of NOx emission credits for Plans and Check Prior to Contractor, SCQAMD, the entire construction period shall be prepared by an Specifications Check, Construction, Report Ciryof Newport Beach AQ -10 independent construction monitor and provided to the Monitoringand Submittals 20 Days After Harbor Resources and SCAQMD within 20 days after the completion of the Submittal Completion of Public Works construction of the project Construction Departments A sign shall be posted at the project boundary along Lido The City of Newport Park Drive at the terminus of the Rhine Channel. The sign Plans and Beach Harbor AQ -11 should contain City contact information for people with Specifications Check, Prior to Construction Resources and Public questions or comments mmenls regarding construction activities. Works Departments, Mitigation Mositotingand Reporting Prng ane My1016 Rhine Channel CimnooinatedSediment Cleanup 3 090243 -01 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; that the foregoing resolution, being Resolution No. 2010 -91 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 27th day of July, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of July, 2010. a QtKMI---- Leilani I. Brown City Clerk Newport Beach, California (Seal)