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HomeMy WebLinkAbout06 - MOU with Pelican Point Community AssociationCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 November 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, P.E. 949 -644 -3322 or rstein@city.newport- beach.ca.us SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE PELICAN POINT COMMUNITY ASSOCIATION RECOMMENDATION: Approve the Memorandum of Understanding (MOU) with the Pelican Point Community Association to include the Association under the Citys ocean discharge exception application to the State Water Resources Control Board to allow storm water discharge Jo Areas of Sensitive Biological Significance and authorize the Mayor, City Attorney and City Clerk to sign the MOU. DISCUSSION: In 2004, the State Water Resources Control Board (Board) sent a letter to the City that the Board had embarked on an active campaign to enforce the spirit of Section III.E.1 of the Ocean Plan that requires: "Waste shall not be discharged to areas designated as being of special biological significance" (ASBS). Realizing that zero discharge is impossible to attain, the Board has proposed an Exception Process where ocean discharges would be permitted by the Board providing certain, yet - to-be- determined provisions were adhered to. Council authorized Mayor Webb to write a letter to the Board stating that the City is interested in working with the Board's Exception Process for the ASBS's along Newport Coast stipulating that the City s participation would lead to an outcome within the Exception Process that is reasonable and attainable. Staff submitted data relevant to the Newport Coast ASBS's to the Board on May 31, 2006. The Board sent a letter to the Pelican Point Community Association (Pelican Point) on December 5, 2005 informing Pelican Point that it must also request coverage under the exception process in order not to be cited under the Ocean Plan for unauthorized discharges from its storm drain system to the ASBS. As Pelican Point does not have the technical expertise, financial resources, or sufficient time to prepare the specific information requested by the Board for consideration of an exception to the Ocean Plan, Pelican Point has requested to be included under the City's Newport Coast Watershed Program and City's Exception Plan. Memorandum of Understanding with Pelican Point Community Association November 28.2006 Page 2 Under the attached Memorandum of Understanding, signed by the Pelican ' Point president, the City would include Pelican Point under its Newport Coast Watershed Program and City's Exception Response provided Pelican Point adheres to a number of cooperative provisions including taking affirmative steps to reduce over - irrigation. Environmental Review: No environmental review is required. Prepared by: Robert Stein, P.E. Principal Civil Engineer Submitted by: Attachment: Proposed Memorandum of Understanding .fi G. Badum Works Director 2 3 4 5 6 7 8 9 10 tt 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made and entered into as of the signed by the Mayor, City of Newport Beach, is, I H�rV.ul :3;i -L, r The CITY OF NEWPORT BEACH, a Municipal Corporation hereinafter referred to as "City". Pelican Point Community Association, a California corporation, hereinafter referred to as "Pelican.Point ". W11NESSETH WHEREAS, the State Water Resources Control Board (Board) has begun an active campaign to enforce Section IMEA of the Ocean Plan that requires: "Waste shall not be discharged to areas designated as being of special biological significance" (ASBS); WHEREAS, Pelican Point received a letter on December 5, 2005 from the Board informing Pelican Point Community Association (Pelican Point), under the Ocean Plan, is not authorized to discharge any waste from its storm drain system to the ASBS, and that Pelican Point may, if it believes its discharges will not compromise protection of ocean wasters for beneficial uses, request coverage under the exception process to the Ocean Plan in order to continue to discharge dry and wet weather runoff into the Irvine Coast Area of Special Biological Significance (ASBS) and supply specific information by May 31, 2006 to support the Board's consideration of an exception to the Ocean Plan for discharges to the Irvine Coast ASBS; Page 1 of 1 2 3 4 7 1a 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, City has created the Newport Coast Watershed Program and has initiated a number of flow, water quality, ecological, and groundwater studies as initial planning steps toward protecting the watershed and adjacent coastline; WHEREAS, City has agreed to submit relevant data to the Board relating to the Newport Beach Marine Life Refuge ( 'MLR') ASBS and the Irvine Coast MLR ASBS. and have the Mayor write a letter to the Board stating that the City is interested in working with the Board's Exception Process for the Newport Beach MRL ASBS and the Irvine Coast MRL ASBS provided that the City's participation leads to an outcome within the Exception Process that is reasonable and attainable ("City's Response "); WHEREAS, Pelican Point desires to be included in the City's Newport Coast Watershed Program and City's Response; WHEREAS, Pelican Point does not have the technical expertise, financial resources and sufficient time to prepare the specific information requested by the Board for consideration of an exception to the Ocean Plan; WHEREAS, the City has provided funding and conducted flow and water quality testing that pertains to the Pelican Point watershed area; NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: A. CITY will include Pelican Point into its Newport Coast Watershed Program and City's Response. The parties agree that the City, in its sole discretion, shall have the right to take action to withdraw the City from the Board's Exception Process at any time, If the City elects to withdraw from the Board's Exception Process, Pelican Point shall be allowed to continue with the Board's Exception Process in its own name or withdraw from the Board's Exception Process. The parties hereto also agree that, at any time, Pelican Point shall have the right to request that the City withdraw Pelican Point from the Board's Exception Process. B. City agrees that: Page 2 of 2 3 7 8 9 10 11 12 13 14 15 16 W 18 19 20 21 22 23 24 25 26 In City's sole discretion, it may fund future studies and monitoring as needed to implement all or parts of the Newport Coast Watershed Program and the associated reasonable and attainable drainage requirements and conditions from the Board. 2. City shall use its best efforts to work with The Irvine Company (TIC) for waste and discharge issues emanating from the golf course and TIC properties. C. Pelican Point agrees that: It will comply with all reasonable and attainable mandates, conditions and obligations set by the Board including, but not limited to, the Board Exception Process for the Newport Coast Watershed Program. 2. Pelican Point shall cooperate with City staff to initiate and complete specific reasonable and attainable measures to significantly reduce dry weather runoff flowing to the Irvine Coast ASBS and institute reasonable and attainable measures to significantly reduce the amount of materials, defined by the Board as harmful to marine life, entering the Irvine Coast ASBS, at its own cost. Pelican Point shall be responsible for expenses associated with reducing dry- weather flows and harmful materials from common association areas. 4. Pelican Point shall provide reasonable and periodic access to City staff and consultants to perform monitoring functions as needed to meet the requirements of the Board; 5. The parties agree that for all issues involving mutual costs, City will obtain written concurrence from Pelican Point prior to initiating any services or work, including, but not limited to, studies or projects, for which the City will seek to recover costs and expenses from Pelican Point. 6. The parties agree that if the Board does not grant the exception or if any condition or requirement imposed by the Board or Regional Water Quality Control Board is deemed by the City to be unreasonable and unattainable, the City shall have no further obligations under this MOU. The parties agree that if the City determines, in its sole discretion, that Pelican Point or its members are not fulfilling their obligations under this MOU or otherwise, it may provide notice to Pelican Point thereof and shall have no further obligations under this MOU. Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 13 20 21 22 23 24 25 26 IN WITNESS WHEREOF, the City has caused this MOU to be executed by the Mayor and attested by its clerk, and Pelican Point has caused this MOU to be executed by its President of Pelican Point Board attested by its Secretary, all thereunto duly authorized by Minute Orders of the City Council and the Pelican Point respectively, on the date written opposite their signatures. I Date: I Date: 1 ATTEST: City Clerk of the Council Pelican Point a California Corporation By: —( \ 'ft� Polk President, Pe r._ THE CITY OF NEWPORT BEACH, A municipal corporation !n Mayor Ap ed as to form: C_ �-- City Attorney Page 4 of 4