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HomeMy WebLinkAbout07/24/2001 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session July 24, 2001- 4:30 p.m. ROLL CALL Present: Heffernan, O'Neil Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item 3 (Oceanfront Boardwalk Safety Program), Mayor Adams pointed out that "rollerskaters" is included as a definition but there is no mention of the word in the ordinance. He suggested replacing "skaters" with "rollerskaters ". 2. CITY HALL SPACE OPTIONS. City Manager Bludau stated that the staff report provides some background regarding past attempts to add space or make space modifications to City Hall. He expressed concern that the previous Preliminary Feasibility Report only considered a second story above the Revenue Department and that the draft Request for Proposal (RFP) for a needs analysis was included when the City never went out for Request for Qualifications (RFQ). He suggested waiting on this until the first of the year since the City will be looking at annexing Newport Coast and coming back with a budget on what it will take to provide services. He recommended that discussion take place today and noted that Council may want to form a Council committee to work with staff. He stated that Council does not need to make this a high priority at this time, but should have this come back during the beginning preparations of next year's budget which is during the first of the year. Mayor Adams noted that, if Council waits until the beginning of the year, there will be no relief from current conditions for quite some time. He asked if this was acceptable. Mr. Bludau believed that staff can find a way to live with this for at least six months, but this should be revisited early next year. Mayor Pro Tem Ridgeway noted that everyone at the last study session made it clear that they were opposed to temporary facilities. However, if that appears to be the only solution because of increased demand for services in one of the departments, then the City may have to use modular facilities. He emphasized that City Hall should not be relocated and there should be no consideration of moving it. Mayor Adams stated that he is not opposed to temporary facilities; however, believed they should be used for a limited time until a permanent solution is found. Volume 54 - Page 384 INDEX City Hall Space Options (35) City of Newport Beach Study Session Minutes July 24, 2001 INDEX In response to Council questions, Mr. Bludau stated that the RFP reports when each of the buildings were constructed (handwritten page 20). He agreed with Mayor Adams that it makes sense to revive the RFP and expand the needs assessment to offer a number of solutions. He added that this can begin without Council involvement and that, after the first of the year, Council can be provided with the information. Mayor Adams suggested having this information prior to a committee beginning its work. Mr. Bludau stated that it would be about $25,000 to get this information and that the previous study was to analyze the needs and determine how space can be utilized. He noted that an important part of the study will be the timeframe. Mayor Adams suggested that staff prepare a report for a regular Council meeting that recommends soliciting an RFP, gives staff recommendations for the timeframe, and updates the RFP. Mayor Pro Tem Ridgeway stated that it is difficult to determine the needs with this staff report. He indicated that Council needs to know how much land there is, how many employees are in the building, how much square footage is required for those employees, what other cities use, and how much net usable square feet is available. He emphasized that square footages, the number of employees, land area, and parking demands need to be taken into consideration, adding that the citizens also need better parking. Council Member Glover agreed with Mayor Pro Tem Ridgeway, adding that something is needed that defines the workspace and places departments together. Council Member Bromberg noted that an envelope was placed before them from a modular company that builds modulars that do not look like modulars. Council Member Heffernan stated that Council should also consider how many more employees the City intends to have, how this compares with other cities in the County, and what residents expect for their services. Mayor Adams noted that employee levels were already discussed as part of the budget and that Council's expectations for the number of employees was made clear. Mayor Adams stated that the City is not providing the kind of work environment that it should. He emphasized that this is a genuine need and not something to just spend money on. He stated that Council wants to do this right. Rodman Muller, 20272 Bayview Avenue, stated that he is with William Scotsman and that he provided Council with the brochure. He reported that William Scotsman provides commercial modular buildings and that a lot of them are permanent facilities that are made to look like existing structures. He added that it is important for the City to know how many employees it has for space management and how much space is required for their tasks. Mayor Adams suggested that responses to the RFP be limited to licensed architects. Mayor Pro Tem Ridgeway noted that he received a call today Volume 54 - Page 385 City of Newport Beach Study Session Minutes July 24, 2001 from someone who is very qualified, but is not an architect. 3. THE OCEAN OUTFALL FOR WASTEWATER — ISSUES AND DISCUSSION. Assistant City Manager Kiff stated that the staff report deals with sewage and ocean water quality. He indicated that the question that will come before Council at a future date is "what should the City, as a member agency of the Orange County Sanitation District (OCSD), recommend for the treatment of its own effluent from a five mile outfall off of Huntington Beach ?" He reported that the effluent is a mix of primary and secondary treated effluent. He indicated that the OCSD can currently discharge this from the outfall under a five year permit that is set to expire June 2003. He stated that, although this is two years away, the emotion and interest level on this issue suggests that the City should start learning about it early. Mr. Kiff reported that the 1972 Clean Water Act required sewering agencies to discharge only full secondary from their outfalls by 1977. However, the law was amended by Section 301(h) to allow certain agencies discharging into deep ocean environments to waive the full secondary requirement. He pointed out that OCSD is 1 of 36 sewering agencies that has a permit reflecting this waiver. He stated that, as OCSD prepares to renew its permit under the same waiver or adjust its treatment method, the City has a chance to take a formal position on the permit. He noted that Mayor Pro Tern Ridgeway is the City's representative on the OCSD Board. Mr. Kiff stated that many people in the audience and Harbor Quality Committee believe that OCSD should not use the waiver in the next permit term, and that a coastal county that places a high economic and environmental value on ocean water quality should not be asking for waivers for sewage discharge. He pointed out that OCSD offers treatment options (page 8) that still require the waiver, but might be more effective in killing pathogens than full secondary treatment. Mr. Ki£f believed that Council's issues are 1) what treatment provides the cleanest, most pathogen -free water; 2) what type of rate increase might the market bear since any treatment method over what is done today will cost more money to the rate payer; 3) is now the time to take a position on this matter or should the City wait until OCSD finishes its studies on ocean water quality; and 4) what is the right message to send from a coastal city, and what message does the City want to send to OCSD and its other 24 member agencies about the importance of ocean water quality. Mr. Kiff utilized a PowerPoint presentation to show what the outfall looks like. He reported that the outfall is 4.5 miles out, uses a one mile long diffuser, is 120 inches in diameter, and goes out near the mouth of the Santa Ana River. He noted that most of OCSD's member agencies are from Central and North Orange County, and that everything from Laguna Beach to Laguna Woods goes through a second outfall associated with the Aliso Water Management Agency and the Southeast Regional Reclamation Authority. He clarified that the 250 million gallons of outfall is not just effluent but is a 50% mix of things that have been treated to a primary level Volume 54 - Page 386 INDEX Ocean Outfall for Wastewater (51) City of Newport Beach Study Session Minutes July 24, 2001 INDEX and 50% that have been treated to a secondary level, and that the biosolids have been removed. Mr. Kiff stated that this is not the same type of water treatment as seen in the purple pipes in the hills and clarified that the water in those pipes are tertiary treated water that will go through the secondary step and some type of advanced filtering. He noted that this water becomes the reclaimed water used for irrigation purposes. Mr. Kiff explained that sewage from homes and businesses goes down a pipe to a treatment facility. In some cases, before the sewage gets to a treatment facility, the sewering agency will spray it with sodium hydroxide to try to control the odor. He stated that, once it gets to the plant, it will go through a screening device to take out a lot of the large materials and smaller gritty materials. This is the preliminary treatment. He explained that the primary treatment tries to take out all the solids that can settle in the water by adding a clumping agent to encourage the solids to settle out. The remaining water will continue to the outfall or go on to secondary treatment. He stated that, during the secondary treatment, they inject bacteria to further digest the pathogens and materials in the water. He noted that the next step, which is not always used, is the tertiary treatment in which they send it through natural filters and charcoal to clean the water to a level that can be used for irrigation. Mr. Kiff highlighted the OCSD's options and costs for treatment included in the staff report. He pointed out that the last column notes whether a waiver is needed for the different types of treatments. Mr. Kiff reported that OCSD will conduct three public hearings by March 2002. He stated that the Huntington Beach studies are underway and indicated that the study is important because OCSD and others are trying to show that the outfall plume does not affect ocean water quality at the surf zone. He reported that, in 2002, the draft treatment option report will be released, with the final report going to the OCSD Board; the permit will be prepared, more public comment will be conducted, and the OCSD Board will vote on the permit application. He added that they hope to submit the permit by December 2002 because the permit needs to be reissued in time for the June 2003 expiration date. Council Member Glover asked why all the other large sanitation departments have gone to the higher standard while Orange County has not made that transition. Mr. Mff stated that each agency needs to make its own determination and decide whether to approach the Environmental Protection Agency (EPA) for the waiver. He added that some agencies believe they would not pass the tests and decide not to request the waiver. He stated that Los Angeles County has done this. City Manager Bludau added that there were a number of agencies that were doing primary treatment and discharging in the ocean and, when the EPA went to higher standards, they made grants and matching grants available in order to go to secondary treatment. He indicated that a number of cities in San Diego did not avail itself to the grants and, in order to go to the higher standard now, the cities would have to pay for the costs since there is no more EPA money available. He believed this is why there is a reluctance to go to a higher standard. Council Member Glover believed that it is time for Orange County Volume 54 - Page 387 City of Newport Beach Study Session Minutes July 24, 2001 INDEX to make the transition because it is so much larger than the other entities. Mr. Kiff reported that OCSD is the largest agency that operates under a waiver. Doug Kurthof, 1020 Mar Vista, Seal Beach, complimented staff on the staff report. He stated that he first found out about this issue last year and was surprised because this is something that should have been taken care of a long time ago. He added that this is an unfunded liability. He stated that the only treatment not discussed involves injecting water with treated primary sewage which will then go to the tertiary treatment plant to be used for a groundwater replenishment program. Mr. Kurthof indicated that some believe that the effluent water is a resource that is being thrown away; however, with the population of Orange County, it is not a true statement. He stated that the options need to be looked at and these obligations need to be taken care of. Mr. Kurthof provided a handout which states that the cost of treatment would have to be born entirely by the cities. He reported that there are 21 cities in four districts which make up the OCSD and, in order to take care of this liability, 13 votes are needed. He stated that Los Angeles County did give up their waiver; however, it was a long battle and they did not voluntarily do this. He believed that the cities will end up going through this same battle in Orange County. He expressed the opinion that, if it costs a few more dollars to pay for this option, it is money well spent. Don McGee, 20701 Beach Boulevard, Huntington Beach, stated that he lives a short distance from the outfall pipe that OCSD utilizes to pump poorly treated sewage into the ocean in spite of the Clean Water Act. He indicated that, because of the 301(h) waiver from the EPA, 240 million gallons are being pumped a few miles offshore every day, noting that only half is being treated to any degree of efficiency. Mr. McGee reported that an oceanography professor at Orange Coast College told him, in 1988, not to eat any fish caught off the coast because he knew the pollution was contaminating the fish it was not killing. He noted that this was one trillion gallons ago. He emphasized that this cannot go on unabated and that depositing millions of gallons of poorly treated sewage into an ocean on a daily basis is a recipe for disaster. He believed that the greatest of minds cannot ascertain the ramifications of the effects of a multitude of chemicals, human waste, and other carcinogens that are routinely imbedded offshore each second of each day. He noted that earth and its resources are finite and this reality needs to be factored into a new paradigm regarding treatment. Mr. McGee stated that the cost of full secondary or a better tertiary treatment may sound large, but it pales in comparison to the cost of continuing the current program. He urged Council to give OCSD notice that the continued exploitation of the waiver and the degradation of natural resources is not warranted, necessary, or in the best interest of the City. Eileen Murphy, 201 21st Street, Huntington Beach, urged Council to vote against the 301(h) waiver and lead all the other cities. She stated that OCSD has the money budgeted and believed that they should use it. She indicated that she attended an OCSD workshop and reported that they are planning to put microfiltration on the fast track. She noted that it will take Volume 54 - Page 388 City of Newport Beach Study Session Minutes July 24, 2001 INDEX I three years before they find out OCSD will still need the waiver. it even works, will cost $3 million, and Joey Racano, 317 5th Street, Huntington Beach, stated that he is a clean water activist and is with the Ocean Outfall Group. He stated that there are five different types of microfiltration and that the one that would be the best for this use would be reverse osmosis. He noted, however, that reverse osmosis is energy intensive and expensive. He reported that 240 million gallons a day is enough to fill Anaheim Stadium three times. He stated that people have to start realizing that there are over six billion people on the planet and that this number doubles every 35 years. He believed that the projected growth in Orange County begs for secondary treatment. Mr. Racano stated that he is against tertiary treatment because he believes the emphasis should be placed on purification instead of sterilization. Further, large areas need to be looked into for percolation ponds and paving should be done with porous materials. He added that there is a lot of things that people should be doing, but the most important thing to do now is to go to full secondary treatment and comply with the Clean Water Act without the use of waivers or exemptions that were created when Orange County was much smaller and less populated. He reported that there are 14 million new people in Orange County who are affected by anything that happens with the coastal waters. Mr. Racano stated that the activists are not going to let up and believed that OCSD is a sinking ship. Nancy Gardner, 323 Jasmine, stated that she is a member of the Newport Beach Surfrider Chapter and the Harbor Quality Committee. She indicated that the houses are worth what they are and people visit the City because it is located on the water. She believed that the City has to set higher standards when taking care of the waters so that it can say it has done everything it can. She believed that it makes sense economically for the City to deny the waiver. Larry Porter, 2712 Cliff Drive, distributed an editorial from the June 9 edition of the Los Angeles Times that generally states that the waiver no longer makes sense and that it is time for the EPA to make sure Orange County subjects its water to the same treatment standard as many other densely populated areas, including Los Angeles. He noted that Los Angeles has gone to secondary treatment and believed that this is better than what OCSD is doing now. Further, this option only adds 5 cents per person per day. He reiterated that the waiver expires in 2003 and stated that scientists and environmentalists are already voicing concerns about the wisdom of piping a plume of partially treated sewage four miles offshore and hoping it will not drift back to plague swimmers. He noted that they did not consider which way the wind blows, that grease and oil float, and that the plume changes. He believed that common sense must take over at some point and that the rate payers will have to bite the bullet and do the job right. He agreed that the City should set an example. Mr. Porter continued to read that Orange County beaches withstand urban runoff from the Santa Ana River and bacterial waste from water fowl in the Talbert Marsh Area. Further, the hundreds of millions of gallons of sewage discharged daily from OCSD's outfall pipe should be as clean as possible. He stated that, as resilient as the ocean is, we cannot afford to treat it as a sewer. He Volume 54 - Page 389 City of Newport Beach Study Session Minutes July 24, 2001 INDEX concluded by highlighting a presentation by Jan Vandersloot that discusses the different treatment scenarios and results of the discharge. Jan Vandersloot stated that he has been working on this since December 2000 as a member of the Ocean Outfall Group (OOG) which has about 120 members. He reported that they have been attending the monthly OCSD Board meetings, attended OCSD staff meetings to learn about their operations, and visited the Cities of Orange, Stanton, Yorba Linda, and Huntington Beach. He requested that Council take the first step to adopt a resolution opposing the waiver and even ask them to revoke the waiver before the expiration date. He believed this is a reasonable step since the ocean that is right outside the City's doorstep is being impacted by partially treated sewage. He reiterated that the 240 million gallons a day equates to filling the Anaheim Stadium three times a day. He reported that the dumping creates a sewage plume that is six miles long, three miles wide, and 100 feet thick. Dr. Vandersloot stated that OCSD's waiver is one of the last out of 15,000 sanitation districts in the country. He thanked Mr. Kiff for working on this staff report and for being able to get OCSD to give him data. He stated that they are finding out that it is actually cheaper to go to full secondary with disinfection than what OCSD has reported to OOG. He noted that it will actually cost about 3.8 cents per person per day, and a little over six cents a day per person to go to full secondary plus UV disinfection. He requested that the audience members who oppose the waiver raise their hand and stated that about 95% oppose the waiver. Dr. Vandersloot reported that the groundwater replenishment system was approved in March by OCSD and the Orange County Water District, and uses 100 million gallons a day of secondary treated sewage. He explained that doing this means that most of the sewage going into the ocean will only be subjected to primary treatment. He pointed out that the same amount of sewage will be going out of the outfall; however, it will be 80% primary treated and only 20% secondary treated. He emphasized that the water quality will be worse because of the groundwater replenishment system. He added that the benefit to having all the water treated to secondary level is that it can still be turned into reclaimed water. Dr. Vandersloot added that OCSD wants to take primary treated water and push it through a membrane for microfiltration, believing that this will solve the problem and be cheaper than going to full secondary. He emphasized that this is an experimental idea and has not been proven to be feasible. Dr. Vandersloot reported that the 1996 20 -Meter Study showed that, when there was a very large reading of bacteria in Newport Beach at a depth of 20 meters, it seemed to correspond to the outfall's elevated bacteria reading. He added that the beaches of Newport Beach were affected by the plume; however, OCSD will tell us that they never saw the plume come to shore. Council Member Heffernan asked what the City's position has been on the previous waiver request. Dr. Vandersloot stated that he could not remember but believed the City did not oppose it after a public hearing in 1998. He added that the waivers are only for five years because it is presumed that it would end. Volume 54 - Page 390 City of Newport Beach Study Session Minutes July 24, 2001 INDEX In response to Council Member Proctor's questions regarding the cost for the 50 -50 mix (page 8), Mr. Kiff stated that he spoke with OCSD's staff last week and that it is his understanding that the "Total Capital Cost to 2020" is the cost of making sure they have enough plant capacity to reach the population served in 2020. He indicated that the $1.6 billion reflects the cost for the plant, using the 50 -50 mix, to reach the 2020 population of 2.8 million. He reported that the current population base is 2.35 million. Mayor Pro Tom Ridgeway added that there is no accuracy to any of the numbers. He noted that he is on the Planning, Development, and Construction Committee at OCSD and that the cost to rebuild and update Plant No. 2, which offers an opportunity for full secondary treatment, kept ranging from $48 million to $126 million. He stated that the operational cost would actually be about six cents per person per day. He reminded everyone that they pay their sanitation fee in their tax bill and that it is currently about $90 per household. He stated that, with a family of four paying an additional five cents per person per day, it raises the annual tax bill by about $80. Irwin Haydock, 11570 Aquamarine Circle, Fountain Valley, provided Council with a handout that reflects his understanding of the situation and discusses his experiences over the last three decades as an environmental scientist in charge of ocean monitoring and research for Los Angeles County. He noted that the Los Angeles County Sanitation District has 57 members and that more of those cities are inland cities than coastal cities. He stated that they went to full secondary treatment because the mayor at that time decided to do this. He reported that San Diego received its waiver because they went 90 meters deep instead of 60 meters. He indicated that Orange County was the first to get a waiver in 1985 because they made decisions about source control that were ahead of Los Angeles County at the time. They received a second waiver in 1998 because of how the current general manager talked to the Board about the balance between air, land, and water in 1990. Mr. Haydock further discussed the history of outfalls. He stated that it is a constant effort on the part of all the staff he has worked with to understand the ocean and its motion, and to be able to predict when the plume would hit the beach. He emphasized that they never said it would not hit the beach. Mr. Haydock stated that it is time to do something. He noted that Los Angeles County does not have full secondary treatment yet and, since they just lost their waiver last year, have been continuously chlorinating the water every day. He reported that Palos Verdes only has 180,000 visitors a year, while Huntington Beach, Newport Beach, and Seal Beach have millions of visitors each year, making the risk for a viral bacteria a greater concern. Bob Caustin, Defend the Bay, stated that now is the time for the City to take the lead and work with the other cities that are going to make this decision. He pointed out that when someone talks about 70% of the solids falling out, it means 30% of the solids that have been flushed into the toilet from hospitals, hospices, and homes, continue to go out into the ocean. He noted that with the 50 -50 mix, 40 million fecal coliform per 100 ml is now going out Volume 54 - Page 391 City of Newport Beach Study Session Minutes July 24, 2001 INDEX to sea. He stated that he would like to work with the City to figure out a way to bring the full secondary treatment plus W disinfection into play. Council Member Bromberg stated that he previously sat on the Harbor Quality Committee and noted that Newport Beach is the most preeminent coastal city in the State. He requested that this issue come back with a resolution to oppose the waiver and also consider a full secondary treatment with UV disinfection. Mayor Pro Tem Ridgeway stated that he does not believe that the OCSD will be requesting a vote during the remainder of this year. He believed that it is fair to wait, noting that he asked that the 301(h) waiver issue be brought before the Harbor Quality Committee and since the OCSD is spending $3 million to $4 million to collect data. He agreed that this does need to come back and Council ultimately needs to adopt a resolution in opposition to the 301(h) waiver. He expressed hope that the vote will be unanimous. PUBLIC COMMENTS - None. ADJOURNMENT - 6:10 p.m. The agenda for the Study Session was posted on July 18, 2001, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor PO�, City Clerk Ctt� FORS Volume 54 - Page 392