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HomeMy WebLinkAbout03/22/2005 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session March 22, 2005 - 4:10 p.m. ROLL CALL Present: Heffernan (arrived at 4:30 p.m.), Rosansky, Webb, Ridgeway, Daigle, Nichols (arrived at 4:15 p.m.), Mayor Bromberg Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR — None. 2. REPORT ON STATUS OF SPHERE ISSUES DISCUSSIONS. Former City Attorney Bob Burnham stated that the sphere issues that the City is working on include County properties and services that are located in or adjacent to Newport Beach that impact, or have the potential to impact, Newport Beach residents. The issues include John Wayne Airport, Santa Ana Heights Redevelopment Agency, Coyote Canyon, Newport Coast and Newport Ridge park and open space, and Upper Newport Bay. The sphere issues process came about after recommendations from the Airport Policy Review Committee, which felt that it would be a good idea to move forward with the County in a cooperative mode on other issues, in addition to the airport. The Sphere Issues Committee was formed in December of 2003. Mr. Burnham stated that the Santa Ana Heights Redevelopment Agency has been the subject of a series of discussions related to the City taking over the responsibilities of administering the redevelopment agency. In regard to the Coyote Canyon Landfill, the City is in the process of determining the condition of the landfill, and the gas and groundwater collection systems, and evaluating the methane production profile. The technical reports should be available in sixty to ninety days. Several County open space and park properties have also been identified in Newport Coast and Newport Ridge, again with the idea of the City taking over maintenance of these sites and bringing them up to City standards. Lastly, there have been discussions on the roles of the City and the County in Upper Newport Bay. Mr. Burnham stated that the discussions continue on the John Wayne Airport and the City is looking at alternative ways to provide protection to Newport Beach residents relative to the levels of service provided at the airport. The alternative that is currently being evaluated by the legal team is the concept of developing a joint powers agreement with the County. Mayor Bromberg stated that he and Council Members Ridgeway and Rosansky serve on the Sphere Issues Committee. Bud Rasner stated that he initially supported the concept of sphere influence as it Volume 57 - Page 129 INDEX . (100 -2005) City of Newport Beach Study Session Minutes March 22, 2005 related to the airport, but was pessimistic. He stated that he is now convinced that the committee has come up with a terrific plan. He called it "bundling" and believed that the County would look favorably at it. He urged the City Council to support the work of the committee. Dan Gilliland, Aviation Committee member, stated this his expectations weren't high either, but that he now commends the City Council and the committee, and hopes that the work continues. Bob Caustin, Defend the Bay, expressed his support for the work of the committee as it relates to the Upper Newport Bay. Dolores Otting also expressed her support for the progress being made by the committee. In regard to the Coyote Canyon Landfill, she asked how the transfer of liability was being handled. She also asked when the contracts with the outside consultants were approved, what their areas of expertise are and how much money has been spent. Regarding Upper Newport Bay, Ms. Otting asked how the tideland could be transferred on a revenue neutral basis. She stated that it will cost the City money to maintain the tidelands and the taxpayers should know how much. Lastly, she expressed her disagreement with ad hoc committees meeting in private. Mr. Burnham responded to Ms. Otting's questions and concerns by stating that the City could be potentially liable for issues related to the Coyote Canyon Landfill, but that it is being looked at. He additionally noted that the resolution establishing the Sphere Issues Committee contained the authorization to retain the consultants and explained that the tideland transfer would be revenue neutral. City Manager Bludau added that the City Council through its approval of the current year's budget did allocate money for sphere issues. Mayor Bromberg added that to suggest that ad hoc committees should not meet in private shows a lack of understanding for how City government works. He stated that if the meetings were open to the public, the City wouldn't be able to accomplish what it does. Council Member Ridgeway stated that there may be a small cost associated with the Upper Newport Bay, but that it's a reasonable cost to incur. Mayor Bromberg stressed that the most important issue facing the City is the airport, and that no other issue is as significant in terms of the future and the quality of life to the residents of Newport Beach. Gus Chabre, Newport Bay Naturalists and Friends, Board President, agreed that the City needs to become more active in bay issues. 3. MORNING CANYON STABILIZATION PROJECT. Using a PowerPoint presentation, Principal Civil Engineer Bob Stein displayed an aerial photo of the Cameo Highlands area and noted that approximately 25 lots border Morning Canyon. The canyon is owned by these property owners, although the City does own a 22 -foot easement. Volume 57 - Page 130 pkl llD/:/ (100 -2005) City of Newport Beach Study Session Minutes March 22, 2005 Council Member Rosansky asked what the purpose of the easement is. Public Works Director Badum stated that it was probably required by the engineers when the subdivision was approved to most likely reserve the area for a future drainage facility. He stated that the easement is not in the natural flow line of the creek. Mr. Stein added that the subdivision was constructed in 1959 and the City annexed the area in 1960. He referred to the aerial photo and pointed out some of the other features in the area. In 1997, there was a massive slope failure, which caused the City to monitor the canyon more carefully. He displayed several photos showing the severe bank erosion that has occurred in the creek and in response to Council Member Rosansky's question, stated that several properties are in eminent danger if a slope failure were to occur. Mr. Stein displayed a list of the things that have been done to the canyon and stated that each of them has impacted its stability. He displayed several aerial photos showing what the stream flows were prior to the development of Newport Coast and what happened when Surrey Canyon was filled when Cameo Highlands was constructed. With the use of more current aerial photos, Mr. Stein explained that the sediment supply to Morning Canyon has been reduced by approximately 50% due to the Newport Coast development, and the addition of hardscape and groomed fairways. He stated that although The Irvine Company did a good job with their master drainage plan, they did not consider the sediment supply. Mr. Stein stated that when a solution for Morning Canyon is looked at, the sediment that is there has to be protected from erosion because new material is not being supplied to it. John McCarthy, RBF Consulting, stated that RBF was hired by the City to perform studies that would show what the current condition of the watershed is. He stated that the City wanted an understanding of what is happening to the canyon and how it can be restored to a more natural state. Mr. McCarthy stated that the goal of the studies was to identify what a stable slope would be for the creek. Currently, the length of the creek is 1500 to 2000 feet, and it has significantly eroded approximately halfway up. If something is not done, it will continue to erode up to the Pelican Hill Golf Course. In response to Council Member Nichols' question, Mr. McCarthy stated that there is a fixed point at the bottom of the creek where a box culvert is located to convey flows under Coast Highway and at the top of the creek where a detention basin is located. In between these two fixed points, the slope varies from 2% to 5% and is not stable, and the flow continues to pick up sediment, which degrades the slope further. Mr. McCarthy stated that to stabilize the canyon, drop structures need to be created that would control the flow and dissipate the energy. He displayed the stream restoration plan that was developed by RBF, and explained that once the location of the drop structures was determined, alternatives were looked at on the type of drop structures to use. He displayed a drawing of a gabion drop structure, which was determined to be the most effective. It is essentially a wire basket filled with rocks. In response to Council Member Ridgeway's question, Mr. McCarthy explained that the water would cascade over the drop and the energy would dissipate on the lower pad, creating a reduced flow velocity through the canyon, which would Volume 57 - Page 131 INDEX. City of Newport Beach Study Session Minutes March 22, 2005 18011 a1 =1 result in less erosion. He added that the gabion structures are standard and are acceptability to the regulatory agencies. Mr. McCarthy displayed photos of what the gabion drop structures actually look like in place. In response to Council Member Daigle's question, Mr. McCarthy stated that the location of the drop structures were selected by taking the existing grade and such things as trees into consideration. In response to Council Member Nichols' question, Mr. McCarthy stated that some type of erosion protection would also be done at the existing 51 -inch pipe outlet. Mr. McCarthy displayed additional photos of the existing creek and what the gabion drop structures might look like upon installation and after two years. He noted that the drop structures would run across the entire width of the creek, and are backfilled with soil and landscaped. He added that drainage and maintenance easements are also being proposed and explained that although maintenance would be minimal, the ability to access the structures would be necessary. Additionally, the easements would restrict property owners from installing anything that might divert flows. In response to Mayor Pro Tem Webb's question, Mr. McCarthy stated that on the Corona Highlands side of the creek, the easement would range from 20 to 30 feet. In response to Council Member Nichols' question, Mr. McCarthy further explained that the access road would be on the Cameo Highlands side of the creek in the existing easement. He stated that most of the maintenance would be done by hand and the road would consist of vegetation, so would be fairly unnoticeable and have minimal impact. Mr. McCarthy displayed the cost estimate for the project, which is $825,000 and includes a 25% contingency. In response to Council Member Rosansky's question, Mr. McCarthy stated that the probability for the project's success is good and noted that it has been done in other cities. Council Member Rosansky asked if there are issues south of Coast Highway that also need to be addressed. Public Works Director Badum responded in the affirmative, but stated that they are less significant and less dangerous. It was decided that the current study would be a good start to addressing other areas in the future as well. Public Works Director Badum stated that the project is designed to address the erosion issue, but also addresses issues associated with water quality, habitat, native plants and fuel modification. Council Member Rosansky confirmed that Morning Canyon is private property and not accessible to the public. In response to Mayor Pro Tem Webb's question, Mr. Stein stated that the amount of water flowing from the watershed has not changed with development, but the detention facilities have reduced the peak flows. Mayor Pro Tem Webb confirmed that the original housing tract was approved by the County before it was annexed to the City, and stated that the City hasn't had control over what has been going on in the canyon and hasnt caused the problem. Public Works Director Badum noted that the development occurred in a manner that was appropriate and in accordance with the standards and rules that were in place at the time. He stated Volume 57 - Page 132 City of Newport Beach Study Session Minutes March 22, 2005 INDEX that knowledge about drainage and sediment transport, as well as technology, have improved over time. He stated that staffs approach has been to find a solution and that the recommendation for Item No. 17 on the evening meeting's agenda is for the City Council to approve a contract with RBF to prepare the design for the project. Council Member Rosansky asked if an attempt had been made to get contributions from the property owners or The Irvine Company. City Manager Bludau stated that the first step was to identify the problem. The next step will be to find where the money will come from to fix the problem. Public Works Director Badum stated that the property owners will be contributing by giving up property for the easements that will be needed. Council Member Daigle asked who would have the liability and exposure for the drop structures. Public Works Director Badum stated that RBF has a good reputation and carries insurance. In addition, the City will have design immunity. Council Member Daigle asked if the project will protect the homes in the area. Public Works Director Badum responded in the affirmative. Council Member Nichols expressed his concern for how a road could be built in such steep terrain. Mr. Stein explained that the road would be built above the steeper terrain. Public Works Director Badum added that the access will primarily be needed during construction and that the equipment that would be used would be fairly small and maneuverable. Much of the work would also be done by hand. Bob Patterson complimented staff on identifying the problems in the canyon and felt that the residents along the canyon were in support of the project. He stated that the issue with the outflow structure should also be addressed and, additionally, believed that there is more water coming down from the upstream watershed than there used to be. Lastly, Mr. Patterson noted that the City was involved in the County's approval of the drainage plan. He stated that a formal appeal was made by the representatives of Morning Canyon and that he would be providing more detailed information on the subject at the evening meeting. Council Member Rosansky asked if the residents would consider supporting the project financially since their properties would benefit from it. Mr. Patterson stated that the residents don't see the project as benefiting their properties, they see it as restoring them to the state they were in prior to the damage caused by the City's drainage system. Dave Patterson stated that he would also be making a presentation at the evening meeting and that he is in support of the staff recommendation on Item No. 17. He stated that the outflow structure is critical to the health of the canyon and that work needs to be done on it. Mr. Patterson noted that the staff recommendation doesn't include a commitment by the City to pay for the project. He felt that it would be important to include this in the action taken by the City Council at the evening meeting. Council Member Heffernan asked Mr. Patterson if the residents would sign a waiver of liability if the City were to fund the project. Mr. Patterson stated that the residents have not been asked this yet, so he couldn't respond on their behalf. Volume 57 - Page 133 City of Newport Beach Study Session Minutes March 22, 2005 He added that staff has approached them regarding the issues of the easement, access and restricted use, and have indicated that the residents would not be required to pay for the project. Council Member Ridgeway stated that staff would not have made any representation that the City would pay for the project. He stated that they may have indicated that the City would pay for the design of the project. Laura Curran asked if the cost estimate of $660,000 for the project included the plantings or just the construction. She added that the estimate of $5000 per year for maintenance seemed low. Additionally, Ms. Curran noted that drought tolerant plantings were specified in the staff report and suggested that these plantings also be native. Lastly, she asked what type of public outreach would be done to minimize the flow into the canyon from residential landscape irrigation and other sources. In response to Ms. Curran's questions, Mr. Stein stated that the project's cost estimate does include the landscaping that would be done at the bottom of the canyon, that the $5000 for maintenance is only an estimate until additional experience is gained and that source control would be implemented. PUBLIC COMMENTS - None. - at 5:35 p.m. to Closed Session. The agenda for the Study Session was posted on March 16, 2005, at 3:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 40 M-44ae, City Clerk Recording Secr ary Volume 57 - Page 134 INDEX