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HomeMy WebLinkAbout03/12/2002 - Study Session4 CITY OF NEWPORT BEACH City Council Minutes Study Session March 12, 2002 - 4:00 p.m. ROLL CALL Present: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: O'Neil (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR In regards to Item No. 5, Amendment to Agreement with Sutherland Talla Hospitality LLP, Council Member Heffernan requested that, prior to the evening meeting, staff inform him of what has been granted with regards to the extension of the agreement. 2. WATER QUALITY REPORT ON PUBLIC HEALTH GOALS - COPPER LEVELS. Utilities Director Davidson stated that the report on copper levels was being submitted to the City Council in accordance with Federal and State water regulations, and is required whenever tests indicate that a chemical is above the Public Health Goal (PHG). He explained that some chemicals in the water are monitored according to Maximum Contaminant Levels (MCL's), which are regulated standards used for enforcing water quality. Utilities Director Davidson noted that other chemicals are not regulated and do not have established MCL's. He explained that these chemicals are, instead, expressed by Action Levels (AL's) and PHG's, which are idealistic goals for water quality. Utilities Director Davidson stated that the City does hundreds of chemical tests annually. He reported that copper was the only chemical to exceed the PHG in the City's water system, but that it did not exceed the AL. He additionally noted that copper tests are required to be taken in the homes, which takes the internal corrosion of the plumbing into consideration. He pointed out that the PHG's that are set are not based on comprehensive health assessment analysis, so exceeding them does not require any remedial action by the City. Utilities Director Davidson further explained that PHG's are set at a much greater conservative level for no risk and AL's for no significant risk. He stated that PHG's and AL's are set when no MCL has been established, and that complying with all MCL's assures the consumer that the water is safe to drink. MCVs are set after extensive health studies have been conducted and evaluation of treatment technologies and benefit costs have been completed. He noted that the City is in full compliance with MCUs. Per Mayor Ridgeway's question, Utilities Director Davidson stated that the City's waterlines are made of steel, cast iron, ductile iron and PVC. He added that the service lines from the main lines to the customers' lines are Volume 55 - Page 35 INDEX Water Quality Report (89) City of Newport Beach Study Session Minutes March 12, 2002 3. made of copper, and that the plumbing home is the customer's responsibility Utilities Director Davidson stated tha 'G -inch to 2 -inch. tfrom the meter box to the customer's Per Mayor Ridgeway's question, the service lines vary in size from Council Member Glover asked for an explanation of the white spots she's noticed in her teakettle. Utilities Operations Manager Antista explained that they are mineral deposits from residue in the water. City Manager Bludau asked if any tests had been done on the type of residue that comes from plastic PVC lines in homes. Utilities Operations Manager Antista stated that studies are being done, but determinations have not been made yet. Utilities Director Davidson added that water is considered a universal solvent so some leaching occurs with anything it comes into contact with. UPDATE ON DREDGING: UPPER NEWPORT BAY ECOSYSTEM RESTORATION PROJECT, LOWER HARBOR NAVIGATIONAL CHANNELS, AND PRIVATE DOCKS. Using a PowerPoint presentation, Assistant City Manager Kiff stated that the Upper Newport Bay Project is an ecosystem restoration project to restore the bay to its optimal ecosystem and that the United States Army Corps is the City's major federal partner in the project. He stated that the Army Corps is paying 65% of the project total, which is $33 million, and that the other 35% is being paid for by local partners and the State through the passage of Proposition 12. Assistant City Manager Kiff stated that the dredging will remove over two million cubic yards of sediment. He added that the project will take approximately 22 months to complete, is currently in the plans and specifications stage and still needs congressional authorization. He noted that once completed, it is estimated that another dredging project wouldn't be needed for 21 years. Assistant City Manager Kiff displayed two slides, one showing what the bay would look like if there were no dredging for a 50 -year period and another showing the significant and diverse dredging impact that the proposed project is expected to accomplish. Harbor Resources Director Melum displayed an aerial photo showing the main navigational and adjacent channels in the lower harbor. He noted that the Army Corps is responsible for dredging these areas, but that only three projects have been done since the initial project in 1930. Harbor Resources Director Melum added that the Army Corps does perform annual surveys, and that these have indicated that some of the depth is being lost below the Coast Highway bridge. He displayed a map showing this area of shoaling. He further explained that the project would cost between $4 and $5 million, and that the Army Corps has been unsuccessful in receiving the funding. Harbor Resources Director Melum stated that Newport Harbor is considered a low- maintenance harbor, but that the area does need to be addressed. Council Member Glover asked how long the project would take to complete. Harbor Resources Director Melum stated that it should take less than one year, but that the major obstacle would be the design and environmental work that needs to be done. He added that the goal of the project would be Volume 55 - Page 36 pool]o1:1 Dredging Update (51) City of Newport Beach Study Session Minutes March 12, 2002 INDEX to return that area of the harbor to design depth so that boats would not bottom out. He additionally noted that the dredging project discussed for the upper bay would help the lower bay since less sediment would come into the lower bay and settle. Council Member Glover suggested that user fees possibly be considered for funding the lower bay project. Council Member Heffernan stated that increasing the pier permit fees could also be considered. Mayor Ridgeway stated that the City has a resolution that prohibits private pier owners from renting to others. He noted that the violations in Newport Harbor are very minimal. Mayor Ridgeway stated that the issue has been discussed by the Harbor Committee and is expected to be addressed by the new Harbor Commission. Council Member Heffernan suggested that an assessment be done to determine how many violations are actually occurring. He stated that the work that needs to be done in the harbor needs to be funded. Harbor Resources Director Melum stated that City Council Policy H -1, the Harbor Permit Policy, requires that private dock permittees do the dredging under their docks. He noted that the City did get involved by getting a maintenance permit in 1979, which expedited the dredging permit process for the permittee. He noted that the maintenance permit was renewed in 1989 and again in 2000. Harbor Resources Director Melum displayed an aerial photo showing the areas that were included in the latest permit. He noted that some areas were excluded in the permit due to high levels of contaminants and a requirement for some additional testing. He stated that the tests were done and only one area was found to have unacceptable levels of contaminants. Harbor Resources Director Melum confirmed that all areas, except the one, are now included in the permit. He additionally noted that the Coastal Commission changed a ruling and is also allowing dredging to take place year- round. Council Member Proctor asked for the cause of the contaminants in the one remaining area that is excluded from the permit. Harbor Resources Director Melum explained that up until World War II boat construction occurred in the area, which resulted in some leaching of contaminants. He noted that the contaminant level is low but doesn't meet the strict requirements of the Environmental Protection Agency (EPA). City Manager Bludau asked if the Upper Bay dredging project would occur over a continuous 22 -month period or if there would be restrictions due to endangered species breeding seasons. Harbor Resources Director Melum explained that he wasn't aware of the restrictions for the project, but that private dock dredging can occur year- round. Moving to another issue, Harbor Resources Director Melum stated that eelgrass is listed as significant habitat for protected species, and that several years ago resource agencies developed the Southern California Eelgrass Mitigation Plan. He stated that this requires any project impacting eelgrass to include replacement of the eelgrass on a scale of 1.2 to 1, and guarantee its viability for up to five years. He stated that due to the cost of the Volume 55 - Page 37 City of Newport Beach Study Session Minutes March 12, 2002 4. requirement, private dock owners are not dredging or they're dredging around the eelgrass. Harbor Resources Director Melum stated that in an attempt to assist the dock owners, the resource agencies have developed a restoration plan that authorizes the City to plant eelgrass at various sites using federal funds. He stated that once found to be viable, the sites would be available for mitigation and banking purposes. He stated that planting could begin by late spring. Mayor Pro Tern Bromberg stated that the eelgrass on The Grand Canal is making it difficult to navigate through the area and asked if the restoration plan would apply to this area. Harbor Resources Director Melum stated that the eelgrass is in the middle of the channel and, therefore, an issue for the City and not the private dock owners. He stated that several years ago the City did a mitigation project so that dredging could be done in the channel. He added that eelgrass is a problem for all harbors in the State, and the Mitigation Plan has been found to be the best way to deal with the issue. Council Member Glover asked for more information on the requirement to guarantee that the newly planted eelgrass be viable for up to five years. Harbor Resources Director Melum stated that it means that the transplanted eelgrass has to remain alive for five years and if it doesn't, eelgrass must be replanted so that the replacement scale is achieved. Council Member Glover asked who would assure that the mitigation was successful. Harbor Resources Director Melum stated that several biological consultants are getting into the field, but that it's a very low-tech field. Per City Manager Bludau's question on the depth needed to plant eelgrass, Harbor Resources Director Melum stated that eelgrass is light sensitive and generally needs to be planted in relatively shallow water. He added that the eelgrass also does well in higher quality water, which means that the City's efforts to increase the harbor's water quality is resulting in more eelgrass. Per Mayor Ridgeway's question, Harbor Resources Director Melum stated that design depth is measured from zero tide. He further explained that zero tide is artificial datum established by the federal government at 2.73 feet below mean sea level and is universally accepted on the coast. Mayor Ridgeway asked if the Army Corps considers the Upper Newport Bay Project to be an existing project. Assistant City Manager Kiff stated that the Army Corps considers it to be a new project because of the focus on restoring the ecosystem. He stated that the City hopes to work with Congress to have the project approved and not be considered as one of the "new start" projects, which are currently being held up. HOW TO NOT BE #1: ENDING SANITARY SEWER OVERFLOWS (SSOs) IN NEWPORT BEACH. Assistant City Manager Kiff stated that there are several things occurring with beach closures. Using a PowerPoint presentation, he displayed the warning sign that is posted when bacterial levels exceed State standards due to urban runoff and the keep out sign that is posted when a sewage spill has occurred. Assistant City Manager Mff introduced Monica Mazur of the Orange County Health Care Agency. Assistant City Manager Kiff displayed an illustration of how a sewer system Volume 55 - Page 38 INDEX Sanitary Sewer Overflows (51) City of Newport Beach Study Session Minutes March 12, 2002 INDEX works. He pointed out that a home or business's private sewer lateral becomes the City's property at the property line. He stated that the sewer laterals connect with the local main sewer line, then to the regional trunk line which, for Newport Beach, is the Orange County Sanitation District's line, and then to the wastewater treatment plant. Assistant City Manager Kiff stated that the City's 1996 Sewer Master Plan prioritizes the replacement of older sewer lines, as well as the replacement and upgrade of the City's pump stations. He stated that nine of the 20 pump stations are left to be upgraded with new equipment, including pumping mechanisms and notification equipment. Assistant City Manager Kiff stated that the master plan also prioritizes the use of alarm systems to warn of spills and the use of cameras to see problem areas. He displayed a photo taken from inside a line with a root blockage. Assistant City Manager Kiff displayed a list of the wastewater capital projects for the current fiscal year, which totaled over $1.5 million. Per Council Member Glover's question, City Manager Bludau stated that the cost to replace the deteriorated sewer lines is factored into the sewer rate, and that more replacements could be done if the rate was increased. Council Member Glover asked if more replacements could be done if funds being used to improve water quality were used. Assistant City Manager Kiff agreed that it would be appropriate to spend the money in that way, since decreasing sewage spills would improve water quality. Council Member Glover stated that the funds being set aside for punitive reasons won't change people's personal habits and could possibly be better spent. Mayor Ridgeway stated that if the Orange County Sanitation District is required to go to full secondary treatment, they will double their sewer fees. City Manager Bludau stated that there are lots of components that contribute to sewer spills, with deteriorated sewer lines being only one. Mayor Ridgeway noted that even a new system can break. Assistant City Manager Kiff stated that the City's wastewater division has been awarded with having exemplary maintenance standards. He displayed a list of the lines that are cleaned monthly and those that are cleaned on a quarterly basis. He stated that the revenue received from sewer use fees and base connection fees total approximately $2.8 million per year, and approximately $3.1 million is expected to be spent in the current fiscal year. Assistant City Manager Kiff stated that beach closures are caused by known or suspected sewage spills. He noted that 61% of sewage spills in the area are caused by line blockages, which are usually caused by grease or roots. He stated that another 12% are caused by plumbing failures of pump -a- heads. Assistant City Manager Kiff displayed a pie chart, which showed the causes of ocean and bay water closures Countywide for the two -year period 1999 -2001. He also displayed closure information for County beaches for the period 1987 -2001. He pointed out that the number of closures has increased but that it's due, in part, to new regulations. Assistant City Manager Kiff displayed an aerial photo showing where the sewage spills have been in the City during the current year. He noted that one of them occurred earlier in the day of the current meeting and was caused by a line blockage. Per City Volume 55 - Page 39 City of Newport Beach Study Session Minutes March 12, 2002 INDEX Manager Bludau's question, Assistant City Manager Mff confirmed that spills that occur in surrounding communities contribute to the City's beach closure count. Regarding the pump -a -head problem, Assistant City Manager Kiff stated that a County task force was put together to establish new plumbing standards. He stated that when the new standards are established, upgrades will be made and older models will be replaced, and the signage for reporting leaks and inoperable pump -a -heads will be improved. Regarding the root problem, Assistant City Manager Kiff stated that sewer line televising will be increased and property owners will be informed about having their private lines cleaned more often. He also listed root foaming and line upgrades as possible solutions. Assistant City Manager Mff stated that the City had a study done on the grease interceptors at 305 food preparation facilities, and it was found that 91 of the facilities need interceptors but don't have them and another 32 have the wrong type or size. Assistant City Manager Kiff indicated that the solutions for limiting grease in the sewer lines include continuing an education program on keeping grease out of the lines and maintaining effectively operating grease control devices. He stated that the City can also start working more closely with the restaurants on grease control and consider mandatory interceptors. Mayor Ridgeway noted that the City has allowed incremental improvements prior to mandatory interceptors. Council Member Glover suggested that all restaurants be required to go through an education program with the City. Assistant City Manager Kiff noted that the Restaurant Business Improvement District (BID) has been supportive of some type of training. Mayor Ridgeway stated that he couldn't support it being mandatory, but he does think the restaurants will be cooperative since they'll be fined if they don't comply with the requirements. Assistant City Manager Kiff announced that sewage spills should be immediately reported to the City's police dispatch at 644 -3717, who will dispatch General Services, Utilities and Fire Haz -Mat crews. He noted that Utilities has an emergency response vehicle ready to berm the spill areas with sandbags and sheet off the storm drain entrances. The spill is then removed by the use of vactor trucks before it reaches the storm drain system. Assistant City Manager Mff stated that in the case of a spill on private property that is not in danger of reaching the storm drain, water on the property should not be used, the area should be bermed and a plumber should be called. Assistant City Manager Mff stated that the California Regional Water Quality Control Board is considering new waste discharge requirements for sewer collection agencies, which includes the City. He stated that the new requirements are intended to ensure there is adequate capacity and effective management, that sewage spills are specifically prohibited and that all feasible steps have been taken to avoid spills. He further explained that the Volume 55 - Page 40 City of Newport Beach Study Session Minutes March 12, 2002 INDEX waste discharge requirements include a sewer system management plan and a monitoring and reporting plan. He noted that the City already does many of the proposed requirements, so it shouldn't have a problem meeting the new regulations. Assistant City Manager Kiff stated that the City's tasks include continuing to adhere to the Sewer Master Plan, educating the public, requiring waste discharge permits for food preparation facilities, replacing old pump -a -head plumbing, complying with the Regional Board's waste discharge requirements and following Orange County Health Care Agency's response guidelines. Council Member Glover noted the earlier comment about spills in surrounding communities. Assistant City Manager Kiff explained that the waste discharge requirements are important because they require everyone on the watershed to meet the same requirements. Mayor Ridgeway requested that the concept of a waste discharge permit be agendized for the upcoming Coastal /Bay Water Quality Citizens Advisory Committee meeting. City Manager Bludau asked if grease interceptors would eventually be required of the food preparation facilities in the City that need them or need a different type or size, or if the problems can be taken care of with monthly maintenance. Assistant City Manager Kiff stated that it will be a challenge to get compliance from those facilities that can't install a grease interceptor. Mayor Ridgeway stated that all new restaurants are required to install a grease interceptor or comparable unit. He stated that the problem exists with retrofitting the older restaurants. He agreed with the educational and best management practices approach, and noted that the issue is being studied by the Orange County Sanitation District. Council Member Heffernan asked if consideration had been given to placing devices at each restaurant to trace where spills originated. Assistant City Manager Kiff stated that the City should get to the point where it can show when a specific restaurant isn't complying. Mayor Ridgeway asked how it could be done. Assistant City Manager Kiff stated that cameras could possibly be utilized. Mayor Ridgeway asked if the City owned any of the cameras. Utilities Operations Manager Burt stated that Utilities does have a small camera, but has asked for a new camera in the upcoming budget. He estimated that the City is spending $17,000 to $20,000 annually for individual shots when a blockage is found. He stated that a new camera will allow the City to take its own shots, which will save the City from paying for the service and will often result in the shots being taken sooner. Mayor Ridgeway noted that the current camera can't go into lines that are smaller than 8 inches in diameter, and that most private service laterals are 4 inches in diameter. Utilities Operations Manager Burt stated that the sewer lateral cleanout installation program that went into effect in 1991 has been beneficial because it lets the City know if a spill originates on the homeowner's side or the City's side of the sewer line. Mayor Ridgeway asked if the same program would work for restaurants. Utilities Operations Manager Burt stated that it could, but the problem is that some restaurants don't have room for an interceptor and Utilities crews Volume 55 - Page 41 City of Newport Beach Study Session Minutes March 12, 2002 are spending time cleaning out their lines when the crews could be elsewhere in the City. Per City Manager Bludau's question, Utilities Operations Manager Burt stated that the City owns between 210 and 220 miles of sewer lines. He added that it's the steel pipes that are being replaced in the Sewer Master Plan. Council Member Heffernan asked if the City is being compensated for the sewer cleanouts that Utilities performs at the restaurants. Assistant City Manager Kiff stated that permit and inspection fees are being considered. City Manager Bludau added that according to the City's Municipal Code, a restaurant has the option of paying an in lieu fee instead of having an interceptor installed. Utilities Operations Manager Burt noted that this is for new restaurants only and that older restaurants are not paying. Mayor Ridgeway requested that a report be provided within the next couple of months on the completion of the wells and the injections. Monica Mazur, Orange County Health Care Agency, noted that Newport Beach is on the receiving end of many of the beach closures. She specifically stated that of the nine beach or ocean and bay closures in the current year, four have been in Newport Beach and a City line caused only one of those four. She stated that the issue does involve everyone and is a concern to all those who utilize the ocean and bay waters. Ms. Mazur stated that the best thing is to have no sewage spills and the next best thing is to contain the spill, control the spill, call the County when a spill occurs, calculate the amount of the spill and cleanup the spill. PUBLIC COMMENTS — None. ADJOURNMENT — 5:32 p.m. The agenda for the Study Session was posted on March 6, 2002, at 1:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk V o Recording Secretary Mayor c NR,._ 42 INDEX