HomeMy WebLinkAbout11056 - Upper Newport Bay ExcavationRESOLUTION NO. 11056
• RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
IRVINE COMPANY FOR PLACEMENT OF EXCAVATED
MATERIAL ON "SITE A" IN RELATION TO UPPER
NEWPORT BAY EXCAVATION AND RESCINDING
RESOLUTION NO. 11005.
WHEREAS, the City of Newport Beach (City) plans to
dredge and excavate portions of Upper Newport Bay and San Diego
Creek above the Bay and requires a convenience to dewater and
deposit the resulting spoil material; and
WHEREAS, The Irvine Company (TIC) owns a parcel of real
property on the south side of San Diego Creek between Jamboree
Road and MacArthur Boulevard, referred to as "Site A", within
close proximity to the proposed dredging and excavation
operation; and
WHEREAS, TIC is willing to allow City to use said
property for a specified period of time in conjunction with the
desaltation and restoration project in Upper Newport Bay and San
Diego Creek; and
WHEREAS, "Site All currently appears on the Newport
Beach General Plan as a site having a primary use as a public
works reserve and a secondary use as general industry; and
WHEREAS, City proposes to perform an interim early
action plan to provide sediment control protection for Upper
Newport Bay, which work consists of deepening the San Diego Creek
Channel from MacArthur Boulevard to beyond Campus Drive,
installing drop in a control structure in the channel and
• dredging a basin downstream on Jamboree Road; and
WHEREAS, the use of the property known as "Site A" is
considered a source of local matching value for a pending grant
under the Clean Water Bond Funds, the value of the use of the
site for such purposes is agreed to be not less than $1 million
dollars; and
• WHEREAS, the City Council previously approved a three
party agreement for the use of "Site All between the City of
Newport Beach, California Department of Fish and Game and The
Irvine Company, by Resolution No. 11005, adopted July 27, 1981;
and
WHEREAS, the necessity for said three party agreement
is no longer evident in that the City and the Department of Fish
and Game have agreed that the! City may administer the
Department's project and therefore, said three party agreement
may be rescinded; and
WHEREAS, the City Council has reviewed said Agreement
and finds it to be just and equitable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Agreement between the City of
Newport Beach and The Irvine Company for placement of excavated
material be and it is hereby approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized to execute said Agreement on behalf of the
City of Newport Beach for the use of "Site All as a disposal site
for Upper Newport Bay dredging.
BE IT FURTHER RESOLVED that Resolution No. 11005 is
hereby rescinded.
ATTEs" r.
Clerk
,i
EiQiAM
ADOPTED this 28th day of September , 1981.
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