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Home My WebLink About18 - Area of Special Biological SignificanceCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 December 14, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Response to the State Water Resources Control Board regarding the Newport Beach Area of Special Biological Significance (ASBS) ISSUE: How should the City respond to a recent letter from the State Water Board that asks us to eliminate wet weather and dry weather discharges into the ocean from the Buck Gully and Morning Canyon areas? RECOMMENDATION: Authorize the Mayor to send a letter to the State Water Resources Control Board (SWRCB) requesting an exception to the Ocean Plan's limitations on discharges to an Area of Special Biological Significance (ASBS) for discharges of water into the Newport Beach Marine Life Refuge ASBS. DISCUSSION: Backqround: California has 34 Areas of Special Biological Significance (ASBSs) off of our coastline. The State Water Resources Control Board (SWRCB) designates all ASBSs. The California Ocean Plan (adopted in 1997 as a plan to manage California's offshore resources) directs that "wastes shall not be discharged to areas designated as being of special biological significance" and that any runoff into the ASBS is subject to discharge prohibitions established by the SWRCB and its nine regional boards (RWQCBs). Orange County has three ASBSs • Newport Beach Marine Life Refuge ASBS • Irvine Coast Marine Life Refuge ASBS; and the Letter regarding Newport Beach ASBS December 14, 2004 Page 2 . Heisler Park Ecological Reserve ASBS In November 2000, the Santa Ana RWQCB issued a cease and desist order (CDC) to various parties regarding the Irvine Coast ASBS. The Irvine Coast ASBS receives drainage water from a portion of the Newport Coast development, Pacific Coast Highway, Crystal Cove State Park, and El Morro northerly of Laguna Beach. The CDC directed that the parties "cease and desist" from new waste discharges (including storm water and non -storm water runoff from developed areas) and from existing discharges over the coming two years. The State Board later amended the CDC to direct Caltrans to "cease and desist" within five years instead of two. Caltrans obligation is being constructed today along PCH near the Crystal Cove Promenade Shopping Center. The ASBS off of Little Corona (Newport Beach Marine Life Refuge ASBS) extends oceanward from Poppy Avenue to the easterly edge of Cameo Shores. The ASBS' seaward boundary is 1000' from the beach (see map). Drainage into the Newport Beach ASBS comes from Buck Gully, Morning Canyon, and at least six storm drains. Newport Beach Marine Life Refuge ASBS Letter regarding Newport Beach ASBS December 14, 2004 Page 3 In October 2004, the City received a letter from the State Water Resources Control Board (attached) that said: "Your (the City's) discharge of stormwater (dry and wet weather runofo into the Newport Beach Marine Life Refuge Area of Special Biological Significance is subject to the prohibition against waste discharges to an ASBS. " The letter further tells us that exceptions are granted in some cases and that the City must tell the SWRCB what it intends to do (ask for an exception versus stop discharges immediately) by January 1, 20005. It is difficult to envision how the City might stop wet weather flows from Buck Gully and Morning Canyon under any scenario. Previous to development, both canyons discharged excessive amounts of stormwater during wet weather flows into the same area covered by the ASBS. Even stopping all dry weather flows is problematic for at least two reasons: • At least one other resources agency - the California Department of Fish and Game - has told us that we must maintain some flow to the lower Gully to provide habitat for birds; and • A full diversion of the flows into the sewer system - even if practical by engineering standards - would be excessively expensive, since it likely would involve a full replacement and resizing of the wastewater pipes that would accept the flows. We do believe, however, that the City Council's recent discussions about Buck Gully and Morning Canyon (improving conservation, limiting plantings to less- irrigation intensive species, installing Fuel Modification Zones, etc) may assist in reducing - even if not eliminating -- dry weather flows. As such, City staff intends to ask the SWRCB for an exception to the "no water discharges to an ASBS" requirement. This Agenda Item seeks the Council's permission to send the attached letter (before January 1, 2005) to the SWRCB asking for the exception. Asking for an exception will inevitably involve additional expense, including CEQA work, public hearings before the SWRCB, and significant monitoring requirements surrounding any solution we propose. Unfortunately, these new costs will be "the cost of doing business" in a coastal city near an ASBS. Committee Action: The Coastal /Bay Water Quality Committee discussed this at its November 18' meeting and agreed to ask for a full exception to the wet weather flows and a temporary/mitigated exception to the dry weather flows, in accordance with the discussed solutions for Buck Gully and Morning Canyon's related problems. Letter regarding Newport Beach ASBS December 14, 2004 Page 4 Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by: Dave Assistant City Manager Attachments: October 18, 2004 Letter from SWRCB Draft Letter from City to S%VRCB - a , -I I i< 2004 'Y' j state water iiesources t.:ontroitioarn Executive Office 11)(11 1 SIT im - Na;:timle fit", 17.1ii(orma p5s It • IQ! f,i 141.5615 �Iadf,fi, A&I.... I' flo, 100 • Smimnaom (WHIT.m. • 15M MIMI hi. TO 1 41 .621 - 11(tr ::.", " Ili, .\It. tittj)IWII Hndtlfn. Public Works Director 110 id Ne"p"I.11cmi h 'UD I.toulvvard I 11Caf. 11.. (..\ 02663 Wn 41; loyAwl Jc Arnold SchwarzenegII)r, Jovm, OCT 2 2, 2004 1%IKH1IlWN1* 'WASY DIS(IIAROF'.5 IINT01 HE NHWORT BEA(Al INVIAlWal IAFI,-., Rill id AREA ()P MWALIMCRUWALIVIGNIRCANXT 11, 1 Tiloinut i Juivan Ilan (Wan PW Kqmcd by MCSIM Water Resources Control Board I mu 1;;W I mid q;pwvvd by the 11A. Immonmenlal Protection Agency (U.S. EPA). lists �4 ;:oitta;d maimQ waters which the Sime Futard has designated as Areas of Special Biological 4Qn0kwwwASHSr ASHS im ddbwd as ah,me areas t.1csipated by the State Board requiring IgVR U-n ::f spccics or biological conmiwdttes to the extent that alteration of natural water qk!.Jbi . 1, Ialdc;41rable.- 1 h:: (,cr,:n i'Ltn. �cection lll.l:.l.. rcyuire5 that: `'liastc* shall not be discharged to areas Discharges shall be located asufficient i'l•nt =ut:h fti,,Algimied areas 11) assure maintenance O'natural water quality conditions in ! 4 is defined m the i-total discharge, or whatever origin.- Your discharge of IIz. I idl-- and wcc "wather iumAl) into die Akwpmt Leach Marine Life Refuge Area of ':'I'plilicance i.S!:uITjCC.t to the luohibi6on aqpflnsa waste discharges to all +;i;. Pi:m, acctwn "LL I. Idiom the hunt; Funad to gnus exceptions to WK Imul-IRAtion. [,I::,. •ih.ii flit exception "will not compromise protecHun of ocean waters ibr beneficial LISCS. Wi. ( PIC lqlhlk: IMWVM will he SUMC• Prior to pinitunt.'.all CxXC)si(311. the State Board must 1.•1 j"Alk hoWny. and WINC "UISIL be LontplAnce with die CHArnia Environmental Quality w 11 f I) • T. 1 W I. S I TA must nkti concur. I the (),,call Ilan. ASKS. nr L-xisling exceplions W Me Oemn Plan may be I! hH; ( Lit vit willien till I'lotectioel .49014-y 1500 nw, S Mr, SIVI in1n Hadtun - 2 - OCf 1 P 2004 ttccau <e v:,:t do not already have an exception issued br the State Hoard for discharges to the Ad S. r,,u art required to cease discharging. You awy, however, request an exception to the pmhibitio,n if woo believe your discharge twill not compromise protection of ocean waters for be tie AumI It and the public interest will he served. III case notify the State Board prior to tnuar, t ..'.t)n5 ithethcr) ou intend to cease discharging to the specified AS BS or whether you will "01; an cxceptiout. We 011 discuss further steps with you subsequently. Your response ;livnid he >cnt to lhmtinic Negorin of the Dir'isidn of Water Quality, (:)dean Standards Unit, with e cop; Nvni to the Santa Ana Regional Water Quality Control Board. 1t:• ti:a'•: 1l:aut': s!aft will hold a wotkshop. at a date and location as yet to be determined. lot atnk:> in(e!estod in pursing an exception. The purpose of this workshap will be to provide Infovm.: "mi on the procedures her applciag for an exception and passible funding sources that :n.r. 1-r x nikiblc t„ address discharges hto ASBS. You %till receive an invitation to this .,I I" P near futur2 If }ow hen any questions, please feel free to contact Stan Martinson, Chief, Division of Water trt:,rlic , :u !9; a! ',.11 54;'X tm�trtsiasttitch_ca:gy>v) or Donume Ciregunu, i)it•tswn of Water t;inAP3 . i t,:ca n ` iandarl:: 1 On at 1416) 34 1-5489 igre yiursy_rcb.ca, •iro) . Yflit c: a \l;r.(a Ind X. Ridgeway lit of ;'4etwfvrt Beach ,t!?! Nc%tpo,rt Bt,ulct;trd v; part Heath. CA Nit 1 anr' 41c1Cennec )r:!mge County W;ncished aril Coastal Resourcos Office 1it,x - 1048 Nina, t...N 92702-4M `.it, t cl:ud I, lhihcault, [::xectttiwe Oflicer 'w•ua Ana Rev renal 'Ahiter Quality Control Beard 7 %lain `,uvet. Suite 500 P;%ol .i.lr.t A ++' 01 -tai .i +r Cali/orniu Environnientnt Protection Agenry' to December 15, 2004 Ms. Celeste Cantu Executive Director State Water Resources Control Board Post Office Box 100 Sacramento, California 95812 -0100 Re: PROHIBITION OF WASTE DISCHARGES INTO THE NEWPORT BEACH MARINE LIFE REFUGE AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE Dear Ms. Cantu: This letter responds to your letter of October 18, 2004 regarding the Newport Beach Marine Life Refuge ASBS. The City hereby notifies you and the Board that it will seek an exception to the prohibition of wet weather and dry weather stormwater flows into this ASBS. We look forward to working with the State Board on this matter in the coming year. If you have any questions about this letter, please contact Dave Kiff, Assistant City Manager, at 949 - 644 -3002. Sincerely, Mayor of Newport Beach