HomeMy WebLinkAboutC-3904 - MOU to include the Association under the City's ocean discharge exception application to the State Water Resources Control Board4 41 a •
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MEMORANDUM OF UNDERSTANDING
4 1 1 THIS MEMORANDUM OF UNDERSTANDING ( "MOU'� is made and entered into as of the
5 11 signed by the Mayor, City of Newport Beach, is,
BY AND BETWEEN
7
The CITY OF NEWPORT BEACH, a
8 Municipal Corporation hereinafter referred to as "City",
10 Pelican Point Community Association, a California
corporation, hereinafter referred to as "Pelican Point".
12
14 II WITNESSETH
15 WHEREAS, the State Water Resources Control Board (Board) has be
gun an active campaign to
16 enforce Section III.E.1 of the Ocean Plan that requires: "Waste shall not be discharged to areas designated
17 as being of special biological significance" (ASBS);
18 WHEREAS, Pelican Point received a letter on December 5, 2005 from the Board informing Pelican
19 Point Community Association (Pelican Point), under the Ocean Plan, is not authorized to discharge any
20 waste from its storm drain system to the ASBS, and that Pelican Point may, if it believes its discharges will
21 not compromise protection of ocean wasters for beneficial uses, request coverage under the exception
22 process to the Ocean Plan in order to continue to discharge dry and wet weather runoff into the Irvine Coast
23 Area of Special Biological Significance (ASBS) and supply specific information by May 31, 2006 to
24 support the Board's consideration of an exception to the Ocean Plan for discharges to the hrvine Coast
25 ASBS;
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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:
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1 1. In City's sole discretion, it may fund future studies and monitoring as needed to
2 implement all or parts of the Newport Coast Watershed Program and the associated reasonable and
3 attainable drainage requirements and conditions from the Board.
4 2. City shall use its hest efforts to work with The Irvine Company (TIC) for waste and
5 discharge issues emanating from the golf course and TIC properties.
6 C. Pelican Point agrees that:
7 1. It will comply with all reasonable and attainable mandates, conditions and
8 obligations set by the Board including, but not limited to, the Board Exception Process for the Newport
9 Coast Watershed Program.
10 2. Pelican Point shall cooperate with City staff to initiate and complete specific
11 reasonable and attainable measures to significantly reduce dry weather runoff flowing to the Irvine Coast
12 ASBS and institute reasonable and attainable measures to significantly reduce the amount of materials,
13 defined by the Board as harmful to marine life, entering the Irvine Coast ASBS, at its own cost.
14 3. Pelican Point shall be responsible for expenses associated with reducing dry- weather
15 flows and harmful materials from common association areas.
16 4. Pelican Point shall provide reasonable and periodic access to City staff and consultants to
17 perform monitoring functions as needed to meet the requirements of the Board;
18 5. The parties agree that for all issues involving mutual costs, City will obtain written
19 concurrence from Pelican Point prior to initiating any services or work, including, but not limited to,
20 studies of projects, for which the City will seek to recover costs and expenses from Pelican Point.
21 6. The parties agree that if the Board does not grant the exception or if any condition or
22 requirement imposed by the Board or Regional Water Quality Control Board is deemed by the City to be
23 unreasonable and unattainable, the City shall have no further obligations under this MOU.
24 7. The parties agree that if the City determines, in its sole discretion, that Pelican Point
25 or its members are not fulfilling their obligations under this MOU or otherwise, it may provide notice to
26 Pelican Point thereof and shall have no further obligations under this MOU.
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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.
Date:
Date: I l � arm 0
ATTEST:
City Clerk of the Council
Pelican Point
a California Corporation
By: — C"
President, Pe c Po t
i
THE CITY OF NEWPORT BEACH,
A municipal corporation
By: (a .
ayor
App ed as to form:
Gt'�� CAL-- -
City Attorney
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• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
't P5qq
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 City's 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 a Point Community PssoGarron +
November 28, 2006
' Page
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
,h G. Badum
Works Director
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9 2 MEMORANDUM OF UNDERSTANDING
3
THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made and entered into as of the date
4
signed by the Mayor, City of Newport Beach, is,
5
6
BY AND BETWEEN
7
The CITY OF NEWPORT BEACH, a
8 Municipal Corporation hereinafter referred to as "City"
9 AND
10 Pelican Point Community Association, a California
corporation, hereinafter referred to as "Pelican. Point".
11
12
13 WITNESSETH
15 WHEREAS, the State Water Resources Control Board (Board) has begun an active campaign to
16 enforce Section ]II.E.I of the Ocean Plan that requires: "Waste shall not be discharged to areas designated
17 as being of special biological significance' (ASBS);
18 WHEREAS, Pelican Point received a letter on December 5, 2005 from the Board informing Pelican
19 Point Community Association (Pelican Point), under the Ocean Plan, is not authorized to discharge any
20 waste from its storm drain system to the ASBS, and that Pelican Point may, if it believes its discharges will
21 not compromise protection of ocean wasters for beneficial uses, request coverage under the exception
22 process to the Ocean Plan in order to continue to discharge dry and wet weather runoff into the Irvine Coast
23 Area of Special Biological Significance (ASBS) and supply specific information by May 31, 2006 to
24 support the Board's consideration of an exception to the Ocean Plan for discharges to the Irvine Coast
25 ASBS;
lddlh
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WHEREAS, City has created the Newport Coast Watershed Program and has initiated a number
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 th,
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 an,
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:
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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:
1. 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
3. 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;
S. 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
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.
7. 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.
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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:
I ATTEST:
City Clerk of the Council
Point Pelican
a California Corporation
6 r
�
President� X ' a PA.
W-=-y, Pelican Point
,.
THE CITY OF NEWPORT BEACH,
A municipal corporation
Lo
Mayor
Ap ed as to form:
�- C' Le
City Attorney
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