HomeMy WebLinkAbout2021-33 - Requesting that the United States Army Corps of Engineers Fund Immediately Proceed with Surfside-Sunset Beach Nourishment Project Stage 13 and Prioritize All Future Beach Nourishment Projects from Anaheim Bay Harbor to Newport Bay in Orange CounRESOLUTION NO. 2021-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, REQUESTING
THAT THE UNITED STATES ARMY CORPS OF
ENGINEERS FUND AND IMMEDIATELY PROCEED
WITH SURFSIDE -SUNSET BEACH NOURISHMENT
PROJECT STAGE 13 AND PRIORITIZE ALL FUTURE
BEACH NOURISHMENT PROJECTS FROM ANAHEIM
BAY HARBOR TO NEWPORT BAY IN ORANGE
COUNTY, CALIFORNIA
WHEREAS, the longshore current carries beach sand southward along the
California coast, nourishing the beaches of Orange County from Anaheim Bay Harbor
through Huntington Beach to Newport Beach;
WHEREAS, the construction of engineered flood control structures between the
San Gabriel River and Newport Bay have prevented the natural transportation of
sediment and sand from the Los Angeles, San Gabriel and Santa Ana rivers, which would
otherwise, naturally replenish sand depleted by winter storms and other naturally
occurring sand depletion actions;
WHEREAS, in 1962, the United States Congress passed the Rivers and Harbors
Act, Public Law 87-874, which required the Army Corps of Engineers ("Army Corps") to
address the impacts of flood control structures on natural sand deposits;
WHEREAS, the Army Corps studied and issued House Document 602, October
2, 1962 which led to beach nourishment projects wherein sand was imported onto
beaches where sand depletion was occurring;
WHEREAS, from 1964 through 1997, Nourishment Stages 1 through 10 were
completed, however, since 1995 the Army Corps began a phase-out of nourishment
projects;
WHEREAS, Nourishment Stages 11 and 12 were completed in 2001 and 2009,
respectively;
WHEREAS, on December 13, 2016, the City of Newport Beach ("City") and
County of Orange entered into an Agreement for Periodic Nourishment of the Orange
County Beach Erosion Control Project Stage 13, in which the City agreed to contribute
$158,601 towards Nourishment Stage 13 with additional funding from the State of
California, City of Huntington Beach and others contributors;
Resolution No. 2021-33
Page 2 of 3
WHEREAS, in September 2018, the Army Corps prepared a Draft Environmental
Assessment for Nourishment Stage 13 which acknowledged that Nourishment Stages 13
was required pursuant to the Rivers and Harbors Act, Public Law 87-874 and projected
Nourishment Stages 13 and 14 would begin in 2019 and 2023, respectively;
WHEREAS, despite the warning that failure to nourish local beaches would not
only reduce recreation opportunities but also expose property to storm damage, the Army
Corps has not funded the Nourishment Stage 13 for 11 years, and shows no signs of
pursuing future nourishment projects; and
WHEREAS, if Nourishment Stages 13 and other future nourishment projects are
discontinued, Orange County beaches will erode and, consequently, reduce recreation
opportunities and protection of shoreline facilities from storm damage.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby urge the U.S. Army Corps of
Engineers, South Pacific Division Los Angeles District to immediately fund and proceed
with Surfside -Sunset Beach Nourishment Project Stage 13.
Section 2: The City Clerk shall forward this resolution to Commanding General
of the U.S. Army Corps of Engineers Lieutenant General Scott A. Spellmon, Commander
of the U.S. Army Corps of Engineers South Pacific Division General Paul E. Owen, and
Los Angeles District Commander Colonel Julie Balten.
Section 3: The City Manager and the Public Works Director, or their designees,
may meet directly with Colonel Balten or her designee and take all other actions
reasonable and necessary to ensure that Nourishment Stage 13 proceeds immediately
in 2021, and for Nourishment Stage 14 to occur within two years of completion of
Nourishment Stage 13.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2021-33
Page 3 of 3
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 27th day of April, 2021.
ATTEST:
V\IAA,vvrvV,/V • y .. r ll- ).
Leilani I. Brown
City Clerk U
10 R
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
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; the foregoing resolution, being Resolution
No. 2021-33 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 27th day of April, 2021, and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 281h day of April, 2021.
ri&,-.
Leilani I. Brown
City Clerk
Newport Beach, California