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That the City Council, based on review of the Mitigated Negative Declaration and Initial <br />Study and all other elements comprising the record as a whole, finds: <br />a. The project consists o£ transporting approximately 90,000 cubic yard of dried <br />sediment by truck for reuse at the Oyster Bay Regional Park and restoration of the <br />DMMS; <br />b. The project will not have an adverse effect on wildlife resources, as defined in <br />Section 711.4 of the Fish and Game Code; <br />c. An initial study has been conducted to evaluate potential adverse environmental <br />impacts; <br />d. A proposed Mitigated Negative Declaration containing project features and <br />mitigations to avoid or mitigate any potentially significant effects and reflecting <br />the City's independent judgment was circulated for public review; <br />e. The City Council finds and determines that, when considering the record as a <br />whole, there is no evidence before the City that the proposed project will have <br />potential for an adverse environmental effect on the surrounding community or on <br />wildlife resources or the habitat on which wildlife depends; <br />£ The City Council, based on the substantial evidence incorporated in the initial <br />study negative declaration, prof ect plans and specifications, rebuts the <br />presumption of adverse effect provided in Section 753.5(d) of Title 14, California <br />code of Regulations. <br />g. A mitigation and monitoring program has been prepared in compliance with <br />Public Resources Code Section 21081.6. <br />RESOLUTION NO. 2004-069 <br />