HomeMy WebLinkAbout24 - Amendment to Settlement Agreement IRWD, OCWD and CityTO:
FROM:
SUBJECT:
BACKGROUND
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AGENDA ITEM NO. 24
BY THE CICI OUNCIL
CITY OF NEWPORT BEACH CITYOFNEWPORTBEAC
Office of the City Manager DE 9
December 9, 1996 _
U
Honorable Mayor and Members of the City Council
Kevin J. Murphy, City Manager
AMENDMENT TO SETTLEMENT AGREEMENT
IRWD, OCWD AND CITY
The Settlement Agreement between the City, IRWD and OCWD regarding the
construction of an alternative project to eliminate the discharge of reclaimed
water into San Diego Creek and the Upper Newport Bay provides that the
excess flows above the current demand for OCWD reclaimed water (3.2 million
gallons per day) are to be disposed of through a connection with the County
Sanitation Districts' outfall facility near their Santa Ana River facility.
The cost of the connection is estimated to be $100,000 and the parties believe
that the construction can take place in a time frame to meet the October 1997
deadline. The Settlement Agreement provides that IRWD and the City are
required to reach an agreement on the cost s' °ging of this connection by
January 1997. In recent discussions with IRWD they indicated a willingness to
extend this deadline to February 1997 to allow time to receive and open bids on
the intertie pipeline connecting their Michelson Plant and OCWD's pipeline
near Bayview and Jamboree Road. The attorney for IRWD has prepared the
amendment to the agreement necessary to extend this deadline and the City
Attorney has reviewed and approved the document.
RECOMMENDATION
Approve the 2nd Amendment to the Settlement Agreement between the City,
IRWD, and OCWD amending Section 6 and the date to reach agreement with
IRWD on the County Sanitation District Outfall Facility.
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AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is entered into this
day of December, 1996, by and between the Orange County Water District
(OCWD), the Irvine Ranch Water District (IRWD), and the City of Newport Beach
(City), hereinafter collectively referred to as "the Parties."
Recitals:
A. The Parties have entered into an agreement dated July 17, 1996
regarding
implementation
of the
Wetlands Water
Supply Project (WWSP)
proposed
by IRWD, and
have
entered into the
Revised Amendment to
Agreement dated
(collectively, the "Agreement")
B. Paragraph 6(B) of the Agreement provides for a proposed
agreement to be reached between City and IRWD to resolve disposal of excess
flows as one of the issues in the development of a longterm "no discharge"
scenario. Such proposed agreement regarding the preparation of, and
payment for, all necessary environmental documents, the processing and
approval of all necessary permits, the design and construction of any physical
facility necessary to discharge, and payment of all costs related to the actual
discharge or transmission of, that portion of the excess flows that OCWD is
unable to beneficially use, was to be entered into by January, 1997, but the City
and IRWD believe additional time to complete such agreement would allow
them to have the benefit of information on the cost of the physical discharge
facilities that will be included in the bids to be opened on the intertie facilities in
January, 1997.
1
NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT
SHALL BE AMENDED AS FOLLOWS:
1. The January, 1997, deadline contained in Paragraph 6(B) shall be
extended to February 3, 1997.
2. Except as expressly amended herein, all other terms and
conditions of the Agreement shall remain in full force and effect.
Approved as to form:
General Counsel
IRWD
Approved as to form:
By:
General Counsel
OCWD
Approved as to form:
City Attorney
IRVINE RANCH WATER DISTRICT
President
By:
Secretary
ORANGE COUNTY WATER DISTRICT
By:
President
Az
General Manager
CITY OF NEWPORT BEACH
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City Manager