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
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