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)