HomeMy WebLinkAbout2001-14 - San Joaquin Reservoir- Reclaimed Water - BIRPARESOLUTION NO. 2001- 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
RELATING TO RECLAIMED WATER,
THE SAN JOAQUIN RESERVOIR, AND THE
BASIC INTEGRATED RE -USE PROJECT AGREEMENT (BIRPA)
WHEREAS, the City of Newport Beach opposes the discharge of reclaimed water into
San Diego Creek and Newport Bay unless large storm events dictate that such discharges are
essential under an existing National Pollutant Discharge Elimination System (NPDES) Order
( #9422); and
WHEREAS, in the mid- 1990s, the Irvine Ranch Water District (IRWD) proposed the
Wetlands Water Supply Project (WWSP) which proposed discharging reclaimed water into San
Diego Creek after the reclaimed water had traveled through wetlands near the IRWD's
Michelson Wastewater Reclamation Plant (MWRP); and
WHEREAS, the City opposed the WWSP; and
WHEREAS, in order to achieve the WWSP s objectives without the discharge of
reclaimed water into San Diego Creek, the City worked with IRWD, the Orange County Water
District (OCWD), area end -users like the Big Canyon Country Club and the Eastbluff Community
Association to provide additional markets for reclaimed water during wet winter months; and
WHEREAS, these efforts brought about the development and July 17, 1996 execution of
the Basic Integrated Re-Use Project Agreement (BIRPA), which outlined the responsibilities of the
IRWD, the City, and the OCWD associated with addressing excess reclaimed water supply
during winter months; and
WHEREAS, BIRPA envisioned a series of actions relating to end user agreements,
pipeline construction, and related activities that would lead to a "long -term no discharge
scenario' which envisioned a period of time (through 2011) where no reclaimed water would
need to be discharged into the Creek as long as each action was attained; and
WHEREAS, BIRPA directed all parties to use their "best efforts" to complete each action
and therefore attain this no-discharge scenario; and
WHEREAS, IRWD has proposed converting the San Joaquin Reservoir into a reclaimed
water storage facility to store excess wintertime reclaimed water ( "Project ") and has completed
and, on December 18, 2000 adopted, a mitigated negative declaration under the California
Environmental Quality Act (CEQA) associated with this Project, and
WHEREAS, the City, as a responsible agency under CEQA, reviewed the Project's
mitigated negative declaration and, by virtue of not challenging the document within 30 days,
` has fulfilled its obligations as a responsible agency under CEQA; and
WHEREAS, the City's willingness to consent to IRWD's plans to convert the San Joaquin
Reservoir to a reclaimed water storage facility is consistent with the City's use of its "best efforts"
to continue the no- discharge scenario; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby reaffirms
and supports the July 17, 1996 Basic Integrated Re-Use Project Agreement ( BIRPA) by consenting
to the transfer of the San Joaquin Reservoir to the Irvine Ranch Water District for a reclaimed
water storage facility; and be it also
RESOLVED by the City Council of the City of Newport Beach that it hereby finds and
declares that all parties to BIRPA have met their obligations under BIRPA and therefore the
"long -term no- discharge scenario" envisioned by BIRPA is in effect; and be it also
RESOLVED by the City Council of the City of Newport Beach that it shall be a standing
policy of the Council that any action by any party of BIRPA to discharge reclaimed water into San
Diego Creek or Newport Bay beyond those emergency discharges permitted by Order 9422
during the term of BIRPA shall immediately result in legal action sponsored, funded, and
supported by the City.
ADOPTED this 27th day of February, 2001
ATTEST:
LaVonne Harkless
CITY CLERK
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Garold Adams
MAYOR
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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. 2001 -14 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
27th day of February, 2001, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of February, 2001.
(Seal)
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City Clerk
Newport Beach, California