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HomeMy WebLinkAboutSS02 - Water Quality Back Bay OverviewITEM ss2 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant to the City Manager SUBJECT: Water Quality/Back Bay Overview RECON&M' DID A. Adopt Resolution #99 -_ adopting the recommendations of the Harbor Quality ACTIONS: 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. 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. BACKGROUND: What now? On April 16,1999, the contractor in Upper Newport Bay removed the large dredge that had been at work almost 24 hours a day, seven days a week since January 1998. The $7 million project -which removed about 850,000 cubic yards of sediment from the upper reaches of Upper Newport Bay -was complete. Leading up to the completion of the "Unit III" dredging project, City officials and residents have asked how the City can avoid the problem that got the Bay into its problem of January 1998 -a Bay filling up with sediment and no resources to remove it. At the same time, new residents to the City and others have asked fundamental questions about how the Bay and oceanfront shoreline is managed, regulated, and protected. For these reasons, this staff report looks at water quality, the Bay and its issues in a series of attachments. These attachments include: TFtE PLAYERS - What individuals and agencies have some derision- making authority or influence over the Bay? Does the current responsibility structure make sense? This attachment helps the raider understand the organizations and their structures that impact Bay activities. THE PROJECTS - What's underway today to help us avoid the once-a- decade dredging project that strains resources and residents' patience? What kinds of regulations are in the works that will impact water quality, Bay uses, and watershed activities? Newport Beach City Council BACKGROUND THE OWNERS -While Newport Bay itself is within the City limits of Newport Beach, who / (cont'd): actually owns the land and water associated with the Bay? Does the distinction !` between County and City tidelands make sense today? THE MEETINGS -Given the complexity of the agencies, ownerships, and projects relating to the Bay, it's no wonder that there are several different forums at which we talk about Bay issues. Has the City got them all covered? Are some of them over covered? THE CRITTERS -What are the aquatic and wildlife resources that we're protecting when we protect the Bay? Which of them are listed as endangered or threatened species? What does a Lightfooted Clapper Rail look like? THE RULES -- Speaking of endangered species, what are some of the key laws and regulations that the City and other agencies must follow relating to the Bay and water quality? Who created TMDLs? How does NPDES fit in? In the course of the Study Session, there are several issues for the Council to offer direction upon -these include: • Bay Jurisdiction - should the City and the County re-visit their respective roles and properties in the Bay to "make the Bay make sense" in terms of administration? • Funding. Have we been aggressive enough in securing funding for key Bay projects, like dredging? • Using the Bay as a Resource. We've been told that the City is not always a strong partner in publicizing the recreational and resource value of the Bay. Can we do better? • Shoreline Improvements. What about the shoreline -are there ways that the City can work to improve water quality and habitat (for kelp and tidal creatures) along the shore? ATTACHNEENM Attachment A -The Players Attachment B -The Projects Attachment C -The Owners Attachment D -The Meetings Attachment E -The Critters Attachment F -The Rules Attachment G - Resolution 99 -_ New Mission and Responsibilities for the Harbor Quality Citizens Advisory Committee Attachment H - Proposed Letter to Supervisor Tom Wilson regarding City - County issues Attachment I - Artificial Tidepool and Kelp Reforestation Program Newport Beach City Council Attachment G RESOLUTION 99 -_ A RESOLUTION OF THE C l Y COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MISSION AND REVISING THE RESPONSIBILITIES OF THE HARBOR QUALITY CITIZENS ADVISORY COMMITTEE Whereas, the City Council established the Harbor Quality Citizens Advisory Committee on July 14,1986 via Resolution 86 -59; and Whereas, the Harbor Quality Committee includes seven members appointed by the City Council and two members of the City Council; and Whereas, the Harbor Quality Committee's current duties include advising the City Council on "any matter pertaining to the quality of Newport Bay" with the ability to review and make recommendations on actions relating to water quality, siltation, floating debris, and pumpout stations; and Whereas, in recent years, the Harbor Quality Committee has succeeded in implementing several harbor improvements, including the development of additional pumpout stations and Bay education efforts; and Whereas, the Committee believes that 1999 brings with it the opportunity to revisit the Committees mission and responsibilities, and Whereas, on April 8,1999, the Committee unanimously voted to make a recommendation to the City Council that would change the Committee's mission and responsibilities; and Whereas, the Committee believes that these changes will allow the Committee to place a greater emphasis on key water and habitat quality improvements, including areawide educational programs; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that the City does hereby amend Resolution 86 -59 to reflect the changes proposed in Exhibit A to this Resolution. Passed and adopted by the City Council of the City of Newport Beach at the regular meeting held on the 28th day of June 1999. Dennis D. O'Neil, MAYOR ATTEST: LaVonne Harkless, CITY CLERK Exhibit A HARBOR QUALITY COMMITTEE AUTHORIZATION: Established by Resolution No. 86 -59, adopted on July 14, 1986. Amended by Resolution No. 99 adopted on June 28,1999. MEMBERSHIP: The Committee shall consist of seven (7) private citizens and two (2) members of the City Council. Each member of the City Council shall nominate one of the private citizens; the nomination to be confirmed by the City Council. The Mayor shall appoint the two (2) Council Members to serve on the Committee; the Marine Department shall provide staff assistance, including the preparation of minutes, agendas, and reports. The Committee shall have a Chairman and Vice - Chairman, each of whom is to be appointed by the Mayor. MISSION: To improve and preserve Newport Bay as a useful resource for swimmers, boaters, marine life, and waterfowl. PURPOSE & RESPONSIBILITIES: The r'___ __ - shall have the falle.. ng duties! The Committee shall advise and make recommendations to the City Council on projects and programs that will achieve the Committee's mission, including efforts to: A. Educate the watershed's Population about the resource value of Newport Bay and threats to the Bay, including nutrients, sediment, pathogens, and toxics• B. Enforce and /or strenaen existing regulations on actions and materials that impair water quality or wildlife habitat; C. Advocate to gystream communities, elected officials, regulators, and others on behalf of programs and projects that improve the resource value of Newport Bay; D. Develop fund, and monitor state- of- the-art Bay water qualitytesting programs. C PURPOSE & empowered to review, and make recommendations on RESPONSIBILITIES: proposed Council actions that could affect water may; (cont'd) siltatiew, fleating deer - .t st a o r��Mp � � .. . TERMINATION: This Committee shall have no specific date of termination. an elm DRAFT June 29, 1999 The Honorable Thomas W. Wilson Supervisor, 5th District 10 Civic Center Plaza, 5m Floor Santa Ana, California 92701 Dear Supervisor Wilson: Attachment H The City has long appreciated your office's support for the protection and preservation of Newport Bay. As you are well aware, the County is an integral player in many Bay activities, from participating in sediment control projects to assisting with the funding for two of our largest US Army Corps of Engineers studies. I know that you share the City Council's desire to make the governance of the Bay " make sense" for all parties. And while it is important that so many agencies have taken an interest in the Bay, it is not always in the best interests of our organizations to continue in the manner we operate today. To that end, at its June 28, 1999 Study Session on the Bay, the City Council directed me to express the City's interest in studying the following issues relating to Newport Bay: - Transferring title between the City and the County over certain lands (including moorings) in Upper and Lower Bay so that property boundaries "make sense" for both the City and the County. 2 - Transferring the administrative responsibility of (and related revenues from) certain County- administered tidelands in Upper and Lower Bay to the City to allow for a more concise and clear line of authority over all tidelands in Newport Bay. 3 -The administration of boater safety, sanitation controls, and law enforcement activities in and around the Harbor. We recognize that these discussions may lead to significant changes in the County's relationship with the Bay and the City's own activities in the Harbor. But we believe it appropriate to review the way we co- administer the Bay on a routine basis. This Council believes that the time has come to begin this study and analysis -I hope that you share our interest. I look forward to hearing back from you. Please do not hesitate to contact me or the City Manager (949/644- 3000) about this request. Sincerely, aim DENNIS D. O'NEIL Mayor of Newport Beach cc: Members of the Newport Beach City Council Homer Bludau, City Manager Robert Burnham, City Attorney Honorable Mlke Carona, Orange County Sheriff Janice M. Nfittenneier, County Executive Officer Attachment I Shoreline Improvements Artificial Tidepools WHAT IS IT? A plan to construct and operate a visitor - friendly tidepool that would allow schools and other large groups to learn about tidepools and tidepool life without damaging natural tidepools (especially at Little Corona). This type of tidepool is referred to by marine biologists as a "tidal mesocosm." PROPOSED Big Corona State Beach near the northern end (by the beach concession). Alternate LOCATION: locations may include: • Shellmaker Island • Newport Dunes WHERE HAS IT Other examples of constructed tidepools include: BEEN DONE BEFORE? . Bodega Marine Laboratory, Bodega Bay, California (UC Davis) • Orange County Marine Institute (OCMI), Dana Point • Sea World, San Diego • Baruch Marine Field Laboratory, Georgetown, South Carolina (University of South Carolina) • Aquarium of the Pacific (Long Beach) • Cabrillo Marine Aquarium (San Pedro) • Birch Aquarium at Scripps (La Jolla) • Ocean Discovery Center (Santa Monica Bay /UCLA) • Roundhouse Marine Studies Lab and Aquarium (Manhattan Beach) WHAT DOES IT We're told that the going rate for tidepool construction is about $20 per square foot plus COST TO another $5 -10 per square foot for site preparation. We need additional information CONSTRUCT? from the organizations that created the artificial tidepools (see above) to get a better understanding of these costs. WHAT ARE Funding sources for the tidal mesocosm may include: POTENTIAL • National Science Foundation grants SOURCES OF • American Trader Oil Spill proceeds FUNDS? • Congressional appropriations • State legislative grants + Private sector corporate sponsorships • Private donations • School district contributions OPERATING Potential partners include: PARTNERS • Orange Coast College (Dennis Kelly) • Surfrider Foundation • Orange County PF &RD • Environmental Nature Center WHAT IS IT? PROPOSED LOCATION: WHERE HAS IT BEEN DONE BEFORE? WHAT DOES IT COST TO REFOREST? Attachment 1(cont'd) Shoreline Improvements Kelp Reforestation A plan to reforest the coastline between Newport Beach and Laguna Beach with kelp. Kelp provides essential habitat for a variety of aquatic life, including sea otters. Immediately offshore -south of Little Corona Beach and north of Laguna Beach's Irvine Cove. Not yet determined. Not yet determined. 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