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NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
February 27, 2018
Agenda Item No. 7
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.
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,
mvukojevic@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
Agreement with Irvine Ranch Water District regarding the Emergency Diversion of
Recycled Water into the San Diego Creek Watershed
February 27, 2018
Page 2
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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.
Agreement with Irvine Ranch Water District regarding the Emergency Diversion of
Recycled Water into the San Diego Creek Watershed
February 27, 2018
Page 3
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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