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RESOLUTION NO. 2011 -112 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH RELATING TO A LOWER NEWPORT BAY <br />DREDGING PROJECT <br />WHEREAS, Newport Harbor, also known as Lower Newport Bay, is a body of water <br />generally described as southerly and coastward of the property controlled by the State of <br />California (Upper Newport Bay Ecological Reserve) and that includes the Newport Dunes area, <br />the Dover Shores area, and the entirety of the Bay coastward and beneath the Coast Highway <br />Bridge; and <br />WHEREAS, Newport Harbor includes tide and submerged lands controlled by the City under <br />the City's tidelands trust, also known as the Beacon Bay Bill (Chapter 74 of the Statutes of 1978 <br />as amended), tide and submerged lands controlled by the County of Orange also under trust <br />agreements, and some privately -held properties (inclusively, the "Lower Bay "); and <br />WHEREAS, the Lower Bay contains a Federal Navigational Channel as well as "design <br />depths" that set forth navigable passageways for commercial and recreational boating, and <br />WHEREAS, over the years since the Lower Bay was formed, these passageways have <br />been dredged to design depths only rarely and sporadically, and generally only when a limited <br />amount of funds became available to do so; and <br />WHEREAS, the City's long -term goal has been to completely dredge the Lower Bay to <br />design depths or other appropriate levels in partnership with the County of Orange, the U.S. <br />Army Corps of Engineers, and local property owners (where appropriate); and <br />WHEREAS, completely dredging the Lower Bay would require the removal of about <br />1,300,000 cubic yards of material, some of it not suitable for ocean disposal. The cost of this <br />"complete" dredging project is estimated in 2011 at about $25,000,000.00, and <br />WHEREAS, because that level of funding is not available from the Federal government, the <br />U.S. Army Corps of Engineers has planned, approved, and bid a small -scale Lower Bay <br />dredging effort for 2012 that would accomplish the removal of up to 350,000 cubic yards of <br />material; and <br />WHEREAS, the Port of Long Beach ( "Port") has tentatively agreed to continue to accept <br />sediment not suitable for ocean disposal from the Lower Bay at the Port provided that the <br />sediment is delivered to the Port in a manner timely for disposal in the Port's construction <br />efforts; and <br />