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