HomeMy WebLinkAbout07 - Agreement with IRWD regarding the Emergency Diversion of Recycled Water into the San Diego Creek WatershedQ PoRT
CITY OF
NEWPORT BEACH
<,FORNP City Council Staff Report
February 27, 2018
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Mark Vukojevic, Deputy Public Works Director/City Engineer,
mvukoievic(c)-newportbeachca.gov
PHONE: 949-644-3319
TITLE: Agreement with Irvine Ranch Water District regarding the Emergency
Diversion of Recycled Water into the San Diego Creek Watershed
ABSTRACT:
Irvine Ranch Water District (IRWD) is requesting the City's support for their permit
application to the Regional Water Quality Control Board for the emergency diversion of
recycled water into the San Diego Creek Watershed. The request along with conditions
was reviewed and concurred with by the City's Water Quality Coastal Tideland
Committee. Staff has prepared this attachment to memorialize the understanding and
proposed work efforts by IRWD.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
IRWD is processing a CEQA review and approval for their planned emergency
diversion under Section 15164 of the State CEQA Guidelines which provides for the
preparation of an addendum to a previously certified Environmental Impact Report by
a lead agency or a responsible agency if some changes or additions to the project are
necessary; however, none of the conditions described in CEQA calling for preparation
of a subsequent EIR have occurred; and
b) Approve the agreement regarding the Emergency Diversions of Recycled Water into
the San Diego Creek Watershed between the City of Newport Beach and the Irvine
Ranch Water District, and authorize the City Manager to sign the agreement and
attached letter of support.
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Agreement with Irvine Ranch Water District regarding the Emergency Diversion of
Recycled Water into the San Diego Creek Watershed
February 27, 2018
Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
On November 2, 2017, Irvine Ranch Water District (IRWD) presented to the City's Water
Quality Coastal Tideland Committee a request for support for their emergency need to
possibly divert recycled water into San Diego Creek. As explained by IRWD, during a
heavy rain year, and during certain storm conditions, IRWD storage facilities of recycled
water can fill up, users of recycled water cease and diversions to Orange County
Sanitation District are no longer accepted, leaving IRWD in a vulnerable position. IRWD,
is requesting an amendment to their current permit with the Regional Water Quality Board
to allow emergency and temporary diversions of recycled water into San Diego Creek
which drains into upper Newport Bay.
IRWD manages its supply of recycled water with the overarching goal of maximizing the
use of recycled water. In the winter months when demands are reduced, IRWD can store
recycled water in local reservoirs. It can also send excess recycled water to the Orange
County Sanitation District (OCSD) or the Orange County Water District (OCWD). Under
more extreme weather conditions, as witnessed in the winter of 2016 — 2017, these
storage and diversion options can become unavailable. With no other options available,
IRWD's only final option is to divert recycled water produced by the Michaelson Plant into
the San Diego Creek.
The City and IRWD have had a long partnership with regards to water quality
improvements to the Bay and the use and development of recycled water. To ensure that
any emergency diversions of recycled water into San Diego Creek watershed are done in
compliance with the IRWD's Regional Board Permit, IRWD is seeking an amendment to
this permit. While this permit amendment is currently under development in cooperation
with the Santa Ana Regional Water Quality Control Board, the conditions of the
emergency diversion have been vetted and presented at workshops and to the Water
Quality Coastal Tideland Committee (November 2, 2017, December 7, 2017 and February
1, 2018).
The Committee, with the assistance of staff and in cooperation with IRWD, worked closely
to develop several conditions and work efforts to be undertaken by IRWD to mitigate and
minimize the diversions. The conditions include several operational efforts by IRWD and
provide regular updates to the City. It also includes future capital construction projects
including a future connection between the Green Acres Pipeline and the Santa Ana River,
and constructing/providing additional feasible recycled water storage by expanding the
District's Syphon Reservoir. Considering that this emergency discharged water is already
high quality recycled water, the added work efforts to be undertaken by IRWD, and that
any diversions would occur during storm conditions (with heighten creek flow rates) and
infrequently, staff recommends support of their permit amendment.
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Agreement with Irvine Ranch Water District regarding the Emergency Diversion of
Recycled Water into the San Diego Creek Watershed
February 27, 2018
Page 3
The City has requested that IRWD and the City execute an agreement to memorialize the
understanding between the City and IRWD. This agreement, along with a "side letter"
that is referenced in the agreement, is included in Attachment A. Staff recommends that
the City Manager also sign the attached letter to the Regional Water Quality Control Board
in support of IRWD's permit application. Orange County Coastkeeper has also submitted
a letter of support for their permit.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action (the agreement) 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, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
IRWD is processing a CEQA review and approval under Section 15164 of the State CEQA
Guidelines which provides for the preparation of an addendum to a previously certified
Environmental Impact Report by a lead agency or a responsible agency if some changes
or additions to the project are necessary: however, none of the conditions described in
CEQA calling for preparation of a subsequent EIR have occurred. Based on the
information and analyses to be presented in the Irvine Ranch Water District (IRWD)
proposed Addendum No. 4 to the Michelson Water Reclamation Plant Phase 2 and 3
Capacity Expansion Project Final Environmental Impact Report, the concluding section
of the Addendum will set forth the proposed determinations by IRWD that none of such
conditions have occurred.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A - Agreement with IRWD
Attachment B - Draft Letter of Support
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ATTACHMENT A
AGREEMENT REGARDING EMERGENCY DIVERSIONS OF RECYCLED WATER
TO THE SAN DIEGO CREEK WATERSHED
This AGREEMENT REGARDING EMERGENCY DIVERSIONS OF RECYCLED
WATER TO THE SAN DIEGO CREEK WATERSHED ("Agreement") is made and entered
into as of this 27th day of February, 2018 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City") and the
IRVINE RANCH WATER DISTRICT, a California water district organized and existing
pursuant to the California Water District Law, California Water Code Section 34000 et seg.
("IRWD"), and is made with reference to the following:
RECITALS
A. City and IRWD are parties to an agreement dated December 21, 2011 ("2011 Intertie
Agreement"), regarding the construction and operation of an intertie to convey
recycled water from IRWD's Michelson Water Recycling Plant ("MWRP") to Orange
County Water District's Green Acres Phase II pipeline and the establishment of
operating conditions for use of the ocean outfall at the Orange County Sanitation
District's Plant No. 2 in the City of Huntington Beach.
B. IRWD seeks an amendment to its National Pollutant Discharge Elimination System
permit ("Permit") for the MWRP from the Santa Ana Regional Water Quality Control
Board ("Board") to allow for, among other things, the emergency diversion of recycled
water to the San Diego Creek Watershed during emergency conditions.
C. The purpose of this Agreement is to memorialize the understanding of City and IRWD
regarding the emergency conditions when IRWD may divert recycled water to the San
Diego Creek Watershed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CITY ACKNOWLEDGMENT AND AGREEMENT
City hereby acknowledges and agrees to IRWD's ability to divert recycled water to the
San Diego Creek Watershed in emergency conditions provided that any such diversion
satisfies all of the conditions set forth in that certain "Side Letter Regarding Emergency
Diversions of Recycled Water to the San Diego Creek Watershed" ("Side Letter") attached
hereto as Exhibit A and incorporated herein by this reference.
2. IRWD ACKNOWLEDGMENT AND AGREEMENT
IRWD hereby acknowledges and agrees that it will abide the conditions of the Side
Letter and the Permit, as amended, prior to any diversion of recycled water into the San
Diego Creek Watershed in emergency conditions.
[SIGNATURES ON NEXT PAGE]
r
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani Brown
City Clerk
APPROVED AS TO FORM:
Date:
By:
Alfred E. Smith, II
General Counsel
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Dave Kiff
City Manager
IRVINE RANCH WATER DISTRICT
Date:
in
Paul Cook
General Manager
[END OF SIGNATURES]
Irvine Ranch Water District 2
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La
Irvine Ranch
WATER DISTAi CT
EXHIBIT A
Side Letter
Regarding Emergency Diversions of Recycled Water to the San Diego Creek Watershed
This Side Letter memorializes the understanding of the City of Newport Beach ("City") and the Irvine
Ranch Water District ("IRWD") regarding the emergency conditions when IRWD may divert recycled water to
the San Diego Creek Watershed. City and IRWD's understanding is that IRWD will not undertake emergency
diversions of recycled water to the San Diego Creek Watershed without first doing all of the following:
1. Stop importing water purchased from the Metropolitan Water District to augment the IRWD recycled
water system;
2. Shutoff all irrigation water wells providing water to the recycled water system;
3. Stop producing recycled water at the Los Allsos Water Recycling Plant;
4. Send recycled water without charge to the Orange County Water District through the Green Acres
Project consistent with the intertie agreement dated December 21, 2011;
5, If possible, shutoff all Department of Justice wells that deliver water into the recycled water system,
while still complying with the Record of Decision with the Department of the Navy pertaining to the
operation of these wells;
6. Send all allowable recycled water (subject to physical conveyance capacities) to South Orange
County Wastewater Authority outfall;
7. IRWD to confirm and document that Orange County Water District and Orange County Sanitation
District cannot take additional recycled water flow;
8. Continue working diligently towards the completion of the following:
a. Constructing, funding, and implementing a feasible connection between the Green Acres Pipeline
and the Santa Ana River on or before the expiration of IRWD's NPDES Permit on June 30, 2020
and providing regular updates to the City on IRWD's progress;
b. Constructing and providing additional feasible recycled water storage by expanding the Syphon
Reservoir as soon as possible, including performing all environmental review, design, permitting,
and construction activities necessary for such storage and providing regular updates to the City
on IRWD's progress; and
c. Conducting workshops and stakeholders meetings with City and other stakeholders to obtain
input on the terms and conditions of IRWD's renewal of the NPDES Permit.
In the event all of the above items have been satisfied and there still exists an emergency situation
where IRWD must divert recycled water into the San Diego Creek Watershed, IRWD must use its best efforts
to notify the City at least 48 hours prior to an emergency discharge.
Date:
Paul Cook
General Manager
Irvine Ranch Water District
Irvine Ranch Water District -15600 Sand Canyon Ave., Irvine, CA 92616 • Mailing Address: P.O. Box 57000. Irvine, CA 92519-7000 . 949-453-5300 . www.lrwd.corn
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.SwPb
February 21, 2018
Paul Cook, General Manager
Irvine Ranch Water District
P.O. Box 57000
Irvine, CA 92619-7000
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3001 1 949 644-3020 FAX
hewportbeachca.gov
Re: City's Conditional Support of Amendment to IRWD's Michelson Water Recycling
Plant's NPDES Permit
Dear Mr. Cook,
The City of Newport Beach appreciates the efforts of Irvine Ranch Water District
(IRWD) to include the City's Water Quality & Coastal Tidelands Committee, staff, and
the public in the discussions regarding IRVVD's efforts to amend the National Pollution
Discharge Elimination System (NP DES) permit for its Michelson Water Recycling Plant.
Presentations at the Water Quality & Coastal Tidelands Committee meetings and the
presentations from IRWD, Orange County Sanitation District, and Orange County Water
District at the October'26, 2017 Workshop were very useful in understanding IRWD's
challenges and ort*4ng corriffmentto improving the water quality in the Newport Bay.
The City and IRWD she mtrtual concern for the environment and water quality of the
Bay and the ocean. 19WUs operation of the San Joaquin Marsh and other facilities
implemented to remove pollutants before they enter the Upper Newport Bay benefit the
entire community. We too have invested many years in preserving and improving water
quality for the enjoyment of our residents, visitors and future users of the Bay and
ocean. Further, the City appreciates IRWD's commitment that it will continue to move
forward with implementation of systems to treat or divert to the IRWD sewer low -flow
runoff from Bonita Canyon, Sand Canyon and the UCI culvert, further improving the
quality of the water entering the Bay.
City's Conditional Support of Amendment to IRWD's Michelson Water Recycling Plant's NPDES Permit
February 27, 2018
Page 2
The City conditionally supports IRWD's amendment to its Michelson Water Recycling
Plant's NPDES permit to allow for "emergency diversions" of recycled water into San
Diego Creek. The City's support is conditioned on IRWD fof their efforts, and we look
forward to regular updates regarding your progress. Should you have any questions,
please contact Mark Vukojevic, Deputy Public Works Director at (949) 644-3319.
Sincerely,
David Kiff, City Manager
City of Newport Beach
Cc: Hope Smythe, Executive Director, Santa Ana Regional Water Quality Control
Board
Dave Webb, Director of Public Works, City of Newport Beach