HomeMy WebLinkAbout2011-112 - Relating to a Lower Newport Bay Dredging ProjectRESOLUTION NO. 2011 -112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH RELATING TO A LOWER NEWPORT BAY
DREDGING PROJECT
WHEREAS, Newport Harbor, also known as Lower Newport Bay, is a body of water
generally described as southerly and coastward of the property controlled by the State of
California (Upper Newport Bay Ecological Reserve) and that includes the Newport Dunes area,
the Dover Shores area, and the entirety of the Bay coastward and beneath the Coast Highway
Bridge; and
WHEREAS, Newport Harbor includes tide and submerged lands controlled by the City under
the City's tidelands trust, also known as the Beacon Bay Bill (Chapter 74 of the Statutes of 1978
as amended), tide and submerged lands controlled by the County of Orange also under trust
agreements, and some privately -held properties (inclusively, the "Lower Bay "); and
WHEREAS, the Lower Bay contains a Federal Navigational Channel as well as "design
depths" that set forth navigable passageways for commercial and recreational boating, and
WHEREAS, over the years since the Lower Bay was formed, these passageways have
been dredged to design depths only rarely and sporadically, and generally only when a limited
amount of funds became available to do so; and
WHEREAS, the City's long -term goal has been to completely dredge the Lower Bay to
design depths or other appropriate levels in partnership with the County of Orange, the U.S.
Army Corps of Engineers, and local property owners (where appropriate); and
WHEREAS, completely dredging the Lower Bay would require the removal of about
1,300,000 cubic yards of material, some of it not suitable for ocean disposal. The cost of this
"complete" dredging project is estimated in 2011 at about $25,000,000.00, and
WHEREAS, because that level of funding is not available from the Federal government, the
U.S. Army Corps of Engineers has planned, approved, and bid a small -scale Lower Bay
dredging effort for 2012 that would accomplish the removal of up to 350,000 cubic yards of
material; and
WHEREAS, the Port of Long Beach ( "Port") has tentatively agreed to continue to accept
sediment not suitable for ocean disposal from the Lower Bay at the Port provided that the
sediment is delivered to the Port in a manner timely for disposal in the Port's construction
efforts; and
WHEREAS, the City, the County, and private property owners may be able to assist the
U.S. Army Corps of Engineers in expanding the small -scale Lower Bay dredging project to
instead complete a moderate -scale dredging project that would improve navigation, remove and
dispose of a significant amount of the material not suitable for ocean disposal at the Port, and
put the Lower Bay on course for a future project that might bring the entirety of the Lower Bay to
navigable and non - contaminated levels in the future; and
WHEREAS, Mayor Henn on his own initiative has proposed organizing a group of private
property owners, business owners, and friends of the Lower Bay to assist him in identifying and
securing private donations to help fund the Lower Bay's dredging costs;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Newport Beach
that it hereby states and authorizes the following:
1. The City expresses its commitment to assisting the U.S. Army Corps of Engineers in
its effort to significantly improve navigability and contaminant removal in the sediment
of the Lower Bay via a Lower Bay Dredging Project; and
2. The City is hereby authorized to accept donations or other contributions of private
individuals or entities, and public entities such as the County of Orange provided that
such funds are used solely for dredging within the Lower Bay; and
3. The City's staff is authorized to create a receipt account, enterprise fund, or other
financial mechanism within the City's formal budget documents that would accept,
conservatively invest, protect and sequester donations or other contributions so that
the funds could be used solely for dredging within the Lower Bay; and
4. The City Council acknowledges and appreciates the contributions and efforts of
individuals to solicit or otherwise encourage or supervise the donation or contribution
of funds to said receipt account, enterprise fund, or other financial mechanism
provided that such solicitation is done in full compliance with the City's Charter and
other local, state, or federal law.
This resolution shall take effect immediately upon its adoption by the City Council, and the City
Clerk shall certify the vote adopting this resolution.
ADOPTED this 13th Day of December, 2011.
ATTEST:
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LEILANI BROWN
City Clerk
MICHAEL F. HENN
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } $a.
CITY OF NEWPORT BEACH }
I, Lellani 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; that the foregoing resolution,
being Resolution No. 2011 -112 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of
December, 2011, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of December, 2011.
4-, h hu—/
City Clerk
Newport Beach, California
(Seal)