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HomeMy WebLinkAbout2000-6 - Fecal Coliform TMDL for Newport Bay• RESOLUTION 2000-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO THE APPLICATION OF THE TOTAL MAXIMUM DAILY LOAD (TMDL) FOR FECAL COLIFORM FOR NEWPORT BAY WHEREAS, Newport Bay receives urban runoff from the Newport Bay watershed, an area that includes unincorporated County territory and areas within the cities of Costa Mesa, Laguna Woods, Lake Forest, Irvine, Newport Beach, Orange, Santa Ana, and Tustin; and WHEREAS, the primary tributaries to Newport Bay are the Santa Ana Delhi Channel (draining the cities of Costa Mesa and Santa Ana), San Diego Creek (draining the cities of Irvine, Laguna Woods, Lake Forest, portions of Newport Beach, Orange, and Tustin), and Big Canyon Wash (draining Newport Beach); and WHEREAS, Newport Bay has been designated as an "impaired" water body, meaning that it is not reasonably expected to attain or maintain water quality standards without significant • local and regional mitigation actions; and WHEREAS, as an impaired water body, the California Regional Water Quality Control Board (Santa Ana Region) has listed Newport Bay as "water quality limited" in accordance with §303 (d) of the federal Clean Water Act; and WHEREAS, the Clean Water Act contains two primary mechanisms to improve water quality limited bodies, including Total Maximum Daily Loads or "TMDLs'; and WHEREAS, the Regional Board has developed three TMDLs for Newport Bay, including sediment (adopted October 9, 1998), nutrients (effective April 16, 1999), and fecal coliform (effective December 30, 1999); and WHEREAS, a fourth TMDL -for toxics -is expected to be in place by 2002; and WHEREAS, the Fecal Coliform TMDL requires all waters in the Bay to meet Water Contact Recreation (REC1) and Shellfish Harvesting (SHEL) standards by 2014 and 2020, respectively; and WHEREAS, the City of Newport Beach has been working towards the REC1 and SHEL standards where the City's urban flows contribute to high fecal coliform counts in the Bay by developing storm drain -to -sewer diversion projects, improved National Pollutant Discharge • Elimination System (NPDES) actions, and DNA fingerprinting of fecal coliform; and Resolution 2000 -_6_ Page 2 • WHEREAS, while the City can work to improve areas within its own jurisdiction, the City is unable to control what enters the Bay from the San Diego Creek and the Santa Ana Delhi Charnel; and WHEREAS, bacteriological tests of the water from these tributaries as it enters the Bay regularly and routinely shows fecal and total coliform counts that exceed state standards and the REC1 and SHEL standards set for the Fecal Coliform TMDL; and WHEREAS, the City is concerned that, as it attempts to meet the Fecal Coliform TMDL in the tributaries and storm drains within its jurisdiction, other agencies upstream may not be as aggressive in cleaning up the Santa Ana Delhi Channel and the San Diego Creek, now, therefore, be it RESOLVED by the City Council of the City of Newport Beach that the City of Newport Beach supports the Regional Board's complete and thorough application of the Fecal Coliform TMDL's "REC1" standards as defined in the current Santa Ana River Basin Plan and in the version of the Fecal Coliform TMDL approved by the State of California on December 30,1999 (as described in Table 5 -9f of the TMDL) to and at all areas of Newport Bay, including the specific points at which the Santa Ana Delhi Charnel and the San Diego Creek enter the Bay. The City believes that the waters entering the Bay - especially given the flows at San Diego Creek - should not be exempted from meeting the REC1 standards in the Basin Plan. • ADOPTED this 25th day of January, 2000. LaVorme Harkless CITY CLERK • • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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. 2000 -6 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 25th day of January, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Glover, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Absent: Adams Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 26th day of January, 2000. (Seal) E City Clerk Newport Beach, California