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HomeMy WebLinkAbout06/28/1999 - Study Session0 CITY OF NEWPORT BEACH City Council Minutes Study Session June 28, 1999 - 4:00 p.m. INDEX ROLL CALL Present: Adams, Glover, Thomson, Ridgeway, Noyes, Mayor O'Neil Absent: Debay late (excused) /arrived at 4:50 p.m. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Adams' question regarding Agenda Item 3 (1999 Weed Abatement Program), City Manager Bludau indicated that 35 letters were sent regarding the abatement. Regarding Agenda Item 13 (Claims Administration Services for the General Liability Program), Council Member Adams asked what is the industry range in dollars per claim. Mr. Bludau indicated that he will get that information prior to the regular Council meeting. • Regarding Agenda Item 14 (Lease Agreement with the Balboa Yacht Club), Council Member Adams pointed out that the lease is for 3 -years with an escalation in rent; however, there is no increase in the insurance minimums. Mr. Bludau indicated that some type of wording could be added so that the City could review the insurance every five years with an option to increase the requirements. Regarding Agenda Item 18 (Undergrounding of Overhead Utilities City Wide), Council Member Glover stated that she will not be pulling this item tonight but informed Council that she intends to pursue this in other ways. In response to Mayor Pro Tem Thomson's questions regarding Agenda Item 20 (Purchase of Replacement Voice Logging Recorder/Reproducer System), Police Chief McDonell stated that the Police Department is the only department with the voice logging system. He indicated that the requested equipment is the most technologically advanced system to date and is Y2K compliant. He reported that the current voice logging system was only installed about four years ago but was discovered to be Y2K noncompliant. He noted that the company has taken responsibility for this since they indicated that the system was Y2K compliant and has given the City a large credit for the equipment. Chief McDonell confirmed that the current equipment was adequate, but that the new system has better data recovery features and a larger storage media. He believed that the new equipment should last the Police Department five to seven years. • In response to Mayor Pro Tem Thomson's question regarding Agenda Item 22 (Non - Linear Video and Audio Editing System), Chief McDonell stated that the equipment is the same concept as what they currently have, Volume 52 - Page 548 • City of Newport Beach City Council Minutes June 28, 1999 but that the equipment they are requesting is essentially compressed into a computer terminal rather than a room full of equipment. He noted that the current equipment is 12 years old and the new equipment is state -of -the art. In response to Council Member Noyes' questions regarding Agenda Item 21 (Purchase of Replacement Mobile Laptop Computers), Chief McDonell indicated that this equipment is also the same concept as what they currently have but that it allows them to import the video from the mobile video system onto a window on the screen. He confirmed that they will have the capability to access information like arrest records from their vehicles. Chief McDonell stated that their goal is to be live with the new records management system in October, thereby giving them access to all the local arrest records. In response to Council Member Ridgeway's question regarding Agenda Item 10 (Award of Contract for C -3278 - Central Balboa Water, Sewer and Alley Improvements and West Newport Beach Sewer Main Replacement Phase II), Public Works Director Webb stated that construction will begin after September 15. He explained that the City normally does not do construction on the Peninsula during the summer, even though the award of contract is conducted during this fiscal year. He indicated that the contract price will be held until that time. Mayor O'Neil noted that each Council member has their own ballot to vote • on the Board and Commission appointments (Agenda Item 28). He explained that Council will mark their choices and then the City Clerk will read the final tally. He stated that Council is using this method because the voting system does not afford Council any privacy during the moment of selection. 2. WATER QUALITYBACK BAY OVERVIEW Assistant to the City Manager Kiff stated that there is still a lot to look forward to regarding the Bay and the shoreline, even after the big dredging project ended. He noted that the Bay has more than a recreational value and is also home to many types of wildlife and grasslife (Attachment E of the staff report). Mr. Kiff pointed out that Attachment C of the staff report is an attempt to show who owns which portions along the Upper Bay between the City, The Irvine Company, the County, and the State. He believed that this type of ownership structure does not make sense. Council Member Glover expressed the opinion that the ownership structure is not all bad since the City does not have the money or resources to take over the entire Upper Bay. She indicated that she is a member of the South Coast Air Quality Management District and that, anytime there is a complex area, it entails a lot of complex issues with many agencies. Mr. Kiff clarified that areas like the Dunes, which are State tidelands administered by the County, should maybe be "swapped out" with the County for City tideland areas and have the County back -out of the Bay tidelands administration. He • expressed the opinion that the City should be receiving the Dunes' lease revenue since there is no logical reason why the County still receives it. In response to Council Member Adams' questions, Mr. Kiff confirmed that the County is interested in discussing a big property swap with the City. Volume 52 - Page 549 INDEX Res 99 -45 Water Quality/ Back Bay (51) City of Newport Beach City Council Minutes June 28, 1999 INDEX • Mr. Kiff indicated that there are many stakeholders involved when Bay decisions need to be made (Attachment A of the staff report) and used the last dredging project as an example of how a project makes it to fruition. He stated that, regarding ownership, the waters in the Upper Bay belong to the State and is operated by the Department of Fish and Game; the County operates the nature preserve around the State's ecological reserve; and the State directed the County, as an operator of the State, to manage the dredging project. Regarding funding, City and County lobbyists worked on the legislators and ultimately received about $7 million. Mr. Kiff stated that several permits were needed from a number of agencies. He reported that the Santa Ana Regional Water Quality Control Board issues permits for any discharge of water or material into the Newport Bay Watershed; the Department of Fish and Game issues streambed alteration agreements with 36 different criteria to meet; the US Fish and Wildlife Service requires a Habitat Conservation Plan to make sure that the dredging does not upset critical habitat; the National Marine Fisheries manage projects below the waterline; the US EPA is in charge of LA -3 which is the spoiled dump site off of the Newport Pier; the AQMD is involved in the project operations due to the use of diesel fuel; and the Coastal Commission issues coastal development permits for any project along the coastal zone. Mr. Kiff stated that the County's Construction Division managed the dredging contractor and Larry Paul's Coastal Facilities Division did the • overseeing, troubleshooting, and responding to citizen complaints. Mr. Kiff explained that the US Army Corps of Engineers' dredger for the Federal Channel in the Lower Bay was the one who discovered that the Upper Bay dredger was dumping in the wrong location. He reported that Mr. Paul argued for a fine so that the Corps of Engineers could use the money from the fine to complete environmental studies required to make the LA -3 dumpsite permanent and usable. Mr. Kiff stated that the dredging project ended April 15 because of a nesting deadline set by the US Department of Fish and Wildlife. He reported that the project cost over $7 million and that about 850 cubic yards of sediment was removed. He emphasized that a basic project like this took a collective effort of about 63 different officers in 14 different agencies. Council Member Adams thanked Mr. Kiff for producing the staff report, explaining that this provides him a good ongoing resource on this issue. Mr. Kiff stated that Attachment D of the staff report explains the various groups that are concerned about Bay /water issues. He noted that the Watershed Executive Committee, which Council Member Glover is a member, keeps its eyes on the total maximum daily loads (TMDL) and two studies underway by the US Army Corps of Engineers; the Newport Bay Coordinating Committee is an open forum where anyone can discuss interjurisdictional issues involving the Bay; and the Harbor Committee focuses on improving water quality in the Lower Harbor. He reported that • the Harbor Committee has been successful in starting a network of pump - out stations, sponsoring legislation related to enforcing Y -valve operations, and establishing a Bay training program. Mr. Kiff reported that the Harbor Committee has expressed a desire to refine their mission and responsibilities Volume 52 - Page 550 • City of Newport Beach City Council Minutes June 28, 1999 INDEX to reflect a larger focus on the entire Bay and to better educate the City and region about water quality issues. Mr. Kiff indicated that the major laws that are followed are summarized in Attachment F of the staff report. He noted that a predominate law is the Federal Clean Water Act in which the National Pollutant Discharge Elimination System (NPDES) and the TMDL concept are included. He noted that Attachment F of the staff report also discusses the State Porter- Cologne Water Quality Control Act and the concept of a Regional Water Quality Control Board. Mr. Kiff reported that Attachment B of the staff report shows what the City is doing to comply with the laws. He noted that the Harbor Committee is working on a Harbor Element to the General Plan; a Special Area Management Plan (SAMP) will guide development throughout the watershed for wetlands and riparian areas; the Corps is conducting Upper Bay, Newport Bay Watershed, and shoreline studies in which the City is assisting with funding; the Department of Fish and Game is working on a management plan for their ecological reserve; the TMDLs for fecal coliform should be adopted by the State Board on June 30; and the State Water Resources Control Board Toxic Hot Spots Clean -Up Plan addresses areas within each watershed that have toxic contamination problems (there are 2 areas in Newport Beach). He also highlighted the dredging projects; designation of the LA -3 site; and beach water quality testing standards. • Mr. Kiff noted that there is a new law (AB 411) which passed last year that measures water differently and will ultimately force more beach closures. He indicated that the City probably will not see beach closures right away, but that the City could avoid this by cleaning up the beach now and educating people upstream as to why there is this problem. He indicated that the problem is mostly due to urban runoff. Regarding TMDLs, City Manager Bludau noted that limits will be set in the total watershed area and that this will require tremendous amounts of testing to find out when the City is noncompliant. Council Member Glover stated that there are TMDLs because Defend the Bay asked the EPA to do what the Clean Water Act says is supposed to be done and that the TMDLs are new to the nation. She indicated that the Regional Water Quality Control Board has not had the standards that the City hoped for and that they are the enforcing agency that set the TN[DLs. She stated that she continues to ask about set percentages of improvement but that there is no implementation plan. Additionally, that she asked if the cities upstream that are going to be contributing to the TMDL are going to build into their general plan with each new project, or use a part of CEQA to determine what the baseline is and what the contributing factors are. She stated that there is a price affixed to these and that the City is going to be funding a higher percentage to this than the cities upstream. She asked if the City will end up paying an inordinate amount in order to meet the requirements or have to close down businesses on the Bay. She asked if this will be part of CEQA or the EIR; how the City will determine if a land use is a contributing • factor; and how this will be enforced. Volume 52 - Page 551 City of Newport Beach City Council Minutes June 28, 1999 • Council Member Ridgeway stated that the Harbor Quality Committee asked someone from the County Water Quality Division about the source of the TMDLs but was told that the source is unknown. He stated that Council tried to pass an ordinance to ban the feeding of birds because they were a cause of fecal coliform but that it was not passed because this could not be proven. He indicated that the City has the ability to test the waters but cannot determine a cause, and that the City will only be able to receive an equitable sharing of costs for mitigation after a cause is determined. Mr. Kiff stated that Mr. Bludau had DNA testing done in storm drains while he was in the City of Coronado. He reported that Newport Beach was able to put a line item into the State budget for $175,000 to conduct limited DNA testing on the storm drains at the Newport Dunes, 43rd Street, 33M Street, County /City dock property, and one other location. He stated that, if this stays in the budget, the City will hire a contractor to test and explain what is coming down the storm drains. Mr. Kiff reported that Coronado found that about 60 percent of the fecal contamination was from birds. He indicated that the City will probably have to take the lead on this because all the upstream entities, including the Irvine Ranch Water District (IRWD), are going to try to say that the fecal coliform inputs actually die by the time it reaches North Star Beach. If this is the case, the Board will tell the City that this is the City's problem. He stated that there are active discussions regarding where and when the levels die. He reported that Dr. Jack Skinner and Bob Caustin are participating as interested observers in the health risk • assessment of the fecal coliform levels. Regarding Council Member Ridgeway's question about DNA testing, Mr. Bludau explained that Coronado took 120 water samples over a period of 24 -hours and sent them to the University of Washington where a professor had the equipment to conduct the DNA testing. It took about six weeks to get the results. He stated that the professor also wanted bird and animal samples so he could try to match the DNA. Mr. Bludau noted that the professor could not identify 50 percent of the samples; and, of the samples he could identify, about 60 percent of them were animal. He reported that 1 gram of fecal matter has 40 million parts in it and noted that the State standard for water is 200 parts. Mayor Pro Tem Thomson asked what the half -lil.e is for fecal coliform in the Bay. Mr. Kiff indicated that he is not qualified to answer that, but that the fecal coliform is an indicator bacteria. Mr. Bludau added that another problem is that the State standards for chlorine are also being exceeded because wastewater treatment plants add chlorine to kill fecal matter. Mr. Kiff stated that Coronado set up a UV system where they blasted the storm drains with light to kill the coliform, but indicated that this is only effective for smaller storm drains that do not have a lot of flow. Mr. Bludau reported that the storm drains were not the real problem in Coronado, explaining that the Board expects all storm drains to exceed State standards when there is rain. He added that Coronado also had • underground water in a residential area that. was continually pumping 650,000 gallons a day and that the Board gave Coronado the incorrect standard for them to get a permit to pump the groundwater. He noted that the UV system is for the pumping of groundwater and is not for storm Volume 52 - Page 552 INDEX City of Newport Beach City Council Minutes June 28, 1999 • events. Council Member Adams noted that liveaboards and mooring owners were listed in Attachment A of the staff report and that there was also a notation for dye tablets. Mr. Kiff indicated that he does not believe the City has a dye tablet program for liveaboards. However, this program is something that may need to be enacted depending on the fecal coliform and TMDL results. Dr. Jack Skinner stated that the committee looked at the dye tablet program in the late 1980's and had the Mayor of Avalon explain their dye tablet program. He reported that it was difficult to see the fluorescent dye in Newport Bay during a trial run. However, the committee found that the dye tablets were worth using as a way to periodically check if the tour boats were polluting the water. Dr. Skinner reported that a risk assessment study will be started next weekend by EOA Associates from Oakland and that some of the beaches in Newport Bay will be used for this survey. He stated that the study is being funded by IRWD until funds can be obtained by other sources and that they hope to determine, from a risk assessment model, the risks involved with swimming in Newport Bay. Dr. Skinner took issue with the study, stating that, instead of looking at the viruses that cause disease, they are looking at something that is not related to human illness or human specific viruses. He stated that a number of consultants have raised concerns about the • methodology because the information is going to be based on information that will not stand up to scientific scrutiny. Dr. Skinner noted that the water quality has improved in the Bay over the years and that one just needs to look at the last three weeks of water reports which indicate that most of the beaches have been extremely good except for the five beaches that are close to storm drains or the ones that the Health Department deemed a cause for trouble. Dr. Skinner noted that Heal the Bay graded a majority of the City beaches with an A +. In response to Council Member Glover's statements, Dr. Skinner believed that the Board has their own agenda to meet their basin plan. He stated that the Health Department depends on the ocean plan and will be checking for coliform for three different indicator bacteria at all testing locations in the Bay. He indicated that the Health Department will close down a beach if it exceeds standards for any one of the three indicator bacteria. He assured that, even though there may be more beach closures, it does not mean that the public will be at greater risk. Regarding the life of bacteria, Dr. Skinner reported that this is discussed in terms of "P -90" which is how long it takes before 90 percent die off. For e -coli in fresh water, the P -90 is about 26 to 28 hours; and, in salt water, the P -90 is as short as 6 to 8 hours. He indicated that coliform lasts longer when there is no sunshine and the water is colder. Bob Caustin, 471 Old Newport Boulevard, Defend the Bay, stated that he met last week with Orange County Sanitation District's five top management personnel who told him that fecal coliform can last up to 30 days when underwater and out of sunlight. He stated that he has been at Volume 52 - Page 553 I Q1 11 • City of Newport Beach City Council Minutes June 28, 1999 INDEX meetings with other cities who indicated that their council does not consider Newport Bay a beneficial use to their citizens and that they are there to do as little as required by the TMDL. Mr. Caustin also took issue with the upcoming study and stated that Defend the Bay was initially given permission from IRWD to tape the Health Advisory Committee meeting regarding the study so that he could have other experts review this issue. However, when he arrived, he was prohibited from taping the meeting. He expressed concern regarding their approach to assessing who uses the Bay and that they proposed to take the water samples between 6 a.m. and 3 p.m. He believed that the Committee will be making the results so that the TMDL will be declared a success at the same time the Health Department will be closing beaches. In response to Council Member Ridgeway's questions, Mr. Caustin stated that he is taking issue with the study because it is not being reviewed. He believed that having a tape of the meeting could be valuable to Council and reiterated that he had experts willing to review the tape and make comments. He added that he does have a problem with the intentions of those involved with this. Mr. Caustin believed that the study will not be up to the current law's level of reduction and will allow them to make a change to the basin plan. In response to Council Member Ridgeway's question on how to make the • study more scientific, Mr. Caustin stated that the information could be made public; it could be reviewed by scientists that the City and Defend the Bay may have; and a critical review of the information could be conducted at every step. Mr. Caustin believed that the City can assist in the process by requesting that all the meetings be scheduled and made public; have the subcommittee meetings more centralized and recorded; and have someone attend the meetings. Council Member Ridgeway requested that Mr. Caustin provide that information to Mr. Kiff so that this could be taken up at the Harbor Quality Committee. Mayor O'Neil pointed out that there are suggested recommendations in the staff report. Mr. Kiff stated that he hopes that all the recommendations will be approved and reviewed the recommendations. Motion by Council Member Ridgeway to a) adopt Resolution No. 99 -45 approving the recommendations of the Harbor Quality Citizens Advisory Committee to amend its mission and responsibilities; b) direct staff to continue to lobby for State and Federal funding for dredging, TMDLs, Toxic Hot Spots, and more; c) direct staff to cooperate with local volunteer groups, the County of Orange, and the Department of Fish and Game to better publicize the resource value of Newport Bay; d) direct the Harbor Quality Citizens Advisory Committee to plan and develop a resident, visitor, and Bay user education plan that will reduce inputs to the Bay that impair water quality; e) direct staff to send a letter to Supervisor Wilson that requests information about the possible reorganization of County tidelands and • moorings, City and County properties, and other County and City harbor responsibilities; and f) direct staff to further research the funding and local interest for a tidepool program at Big Corona and a kelp reforestation plan off the coast. Volume 52 - Page 554 • City of Newport Beach City Council Minutes June 28, 1999 [iZFITDT:7 Council Member Glover expressed the opinion that she does not has enough information to approve recommendations a and f. Council Member Ridgeway amended his motion to a) adopt Resolution No. 99 -45 approving the recommendations of the Harbor Quality Citizens Advisory Committee to amend its mission and responsibilities; b) direct staff to continue to lobby for State and Federal funding for dredging, TMDLs, Toxic Hot Spots, and more; c) direct staff to cooperate with local volunteer groups, the County of Orange, and the Department of Fish and Game to better publicize the resource value of Newport ]Bay; and d) direct the Harbor Quality Citizens Advisory Committee to plan and develop a resident, visitor, and Bay user education plan that will reduce inputs to the Bay that impair water quality. Without objection, the motion carried by acclamation. Council Member Debay noted that recommendation e is only requesting that a letter asking for information about the possible reorganization be sent to Supervisor Wilson. She believed that the City needs to start exploring the possibility at some point. Mr. Kiff stated that he was careful regarding the wording of the letter and that the County indicated that they could look into this if the City requests them to. Mr. Bludau stated that the letter does not commit the City to anything and basically requests enough information so that staff can come back with a recommendation at a later date. He noted • that he would like himself and staff to take a look at the way the City manages its tidelands, its leases, and its responsibilities. He agreed that, if the City is in a position to be fined because of some regulation, it would behoove the City to try to have as much authority as possible. Motion by Council Member Noyes to e) direct staff to send a letter to Supervisor Wilson that requests information about the possible reorganization of County tidelands and moorings, City and County properties, and other County and City harbor responsibilities; and f) direct staff to furthar research the funding and local interest for a tidepool program at Big Corona and a kelp reforestation plan off the coast. Stating that she will not support the motion, Council Member Glover believed that Council needs to look at how big it wants the organization to be since this would entail enormous change. Noting that Council is dealing with airport issues, annexation, and an initiative, she asked where Council's priorities are. With Council Member Glover dissenting, the motion carried. Council Member Ridgeway stated that he is the Chairman of the Harbor Quality Committee and that they have been focusing on education and emphasized how important it will be to create an educational program for the entire City. He expressed the opinion that everyone in the City should be an environmentalist when it comes to the Bay. • Regarding recommendation e and the City considering taking over harbor patrolling, Mayor Pro Tem Thomson expressed the opinion that this would be a great benefit to the citizens since there currently is not enough Volume 52 - Page 555 E 0 • City of Newport Beach City Council Minutes June 28, 1999 coordination between the Harbor Patrol and Council Member Ridgeway stated that the Harbor Quality Committee invited Harbor Master Marty Kasules to their meeting and that he is cooperating with all the agencies within the City. Further, a coordinated agenda is trying to be developed between the Police Department, Fire and Marine Department, and Harbor Patrol. PUBLIC COMMENTS —None. ADJOURNMENT — 5:32 p.m. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The agenda for the Study Session was posted on June 23, 1999, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 7.0 i'Y1. City Clerk Recording Secretary Mayor Volume 52 - Page 556 INDEX