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HomeMy WebLinkAbout11032 - Excavation in Upper Newport Bay Ecological ReserveRESOLUTION NO. 11032 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 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 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 238,000 cubic yard; 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 250,000 cubic yards of sediment from the Upper Newport Bay; and WHEREAS, 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 contractor, 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 6500 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. ADOPTED this 24 day of August , 1981. • ATTEST: City Clerk HRC /pr 8/24/81 2