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HomeMy WebLinkAbout82-18 - Upper Newport Bay Excavation AgreementRESOLUTION NO. 82-18 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED JOINT POWERS AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF FISH AND GAME AND THE CITY OF NEWPORT BEACH TO CONDUCT EXCAVATION IN THE UPPER NEWPORT BAY ECOLOGICAL RESERVE AND RESCIND RESOLUTION NO. 11032 WHEREAS, on August 24, 19,81, the City Council of the City of Newport Beach adopted Resolution No. 11032 which, except for the number of cubic yards of sediment to be excavated from the Upper Newport Bay, was in all form and content the same as hereinafter recited; and WHEREAS, subsequent to that passage, the amount of cubic yards of sediment to be excavated has decreased as hereinafter recited, and the City Council is desirous of adopting a resolution which accurately reflects the terms therein; and WHEREAS, the California Department of Fish and Game (hereinafter referred to as "DFG ") is the owner of a large portion of the Upper Newport Bay, administers the entire area within the Upper Newport Bay Ecological Reserve and plans to excavate portions of the Upper Newport Bay to increase the wetland resource values of the reserves; and WHEREAS, DFG intends to accomplish habitat restoration called "The Pilot Marsh Restoration Project" (hereinafter referred to as "Project ") as soon as possible, and intends to excavate about 150,000 cubic yards of sediment from the Upper Newport Bay; and WHEREAS, the City of Newport Beach ( "City ") is the • local government jurisdiction which has been instrumental in seeking appropriations to construct facilities to prevent sediment transport into the Upper 'Newport Bay, and intends to implement this action as soon as possible; and • WHEREAS, City intends to excavate about 200,000 cubic yards of sediment from the Upper Newport Bay; and WHEREAS, the City and DFG intend to dispose of the excavated material upon The Irvine Company's property designated as Site "A "; and WHEREAS, it would be impracticle for both DFG and City to utilize Site "A" simultaneously to perform said work; and WHEREAS, if the excavation work within the Upper Newport Bay were performed by the same contrctor, move -in and mobilization costs would be reduced, thus, resulting in savings to both DFG and City; and WHEREAS, DFG and City, in an effort to coordinate construction, have determined that it would be to the mutual benefit and savings of both DFG and City to accomplish this project under City contract; and WHEREAS, DFG and City are authorized to enter into a Joint Powers Agreement, pursuant to Government Code Sections 65000 et seq; and WHEREAS, DFG and City desire to set forth their respective rights and obligations concerning the project in a Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Joint Powers Agreement between the California Department of Fish and Game and the City of Newport Beach to conduct excavation in the Upper Newport Bay ecological reserve be and it is hereby approved. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement on behalf of the City of Newport Beach. BE IT FURTHER RESOLVED that Resolution No. 11032 be and hereby is rescinded. • ADOPTED this 8th day of February, 1982. ATTES : City Clerk 1/25/82 PR 1