Loading...
HomeMy WebLinkAbout27 - Newport Bay UpdateNEWPORT Newport Beach City Council AGENDA ITEM 27 c9�IFIDIX January 11, 1999 Council Meeting TO: MAYOR AND CITY COUNCIL FROM: DAVE KIFF, ASSISTANT TO THE CITY MANAGER SUBJECT: NEWPORT BAY UPDATE SUMMARY: This agenda item provides a brief update on several projects of interest to the City of Newport Beach affecting Newport Bay, including new legislation relating to a Bay maintenance annuity. The projects include two separate dredging efforts, two studies supervised by the US Army Corps of Engineers, and more. RECOMMENDED ACTION: (1) Receive and File Report; (2) Authorize Mayor O'Neil to sign support letter for SB 141 (Johnson) relating to the Upper Newport Bay annuity. BACKGROUND: Much of the City's aesthetic and commercial value is directly linked to Newport Bay. Both Upper Newport Bay and the lower harbor provide a wide variety of recreation, commerce, tourism, habitat, and other activities that enhance residents' quality of life when managed appropriately. Although the Bay itself is "owned" by the State of California, either by direct possession (like the waters of the Upper Bay) or granted in trust to the City (like the waters of the lower harbor), a variety of jurisdictions oversee the administration of Newport Bay. These include: • The Federal Government. The US Army Corps of Engineers (US ACE) is responsible for managing the "federal channel" within the lower harbor. The US Department of Fish and Wildlife (US F &W) regulates activities that might impact threatened and endangered species in the Bay, including the Least Tern and the Clapper Rail. The Federal Clean Water Act directs Federal departments (like the US Environmental Protection Agency [US EPA]) and state agencies to comply with specific standards for water quality and recreational access. • The State of California. The State "owns" 752 acres of Upper Newport Bay, assigning its administrative obligations to the State Department of Fish and Game (DF&G). The State Water Resources Control Board and its local enforcement arm, the Santa Ana Regional Water Quality Control Board ( "Regional Board "), regulate any action within the Newport Bay watershed (118 square miles) that might affect the Bay's water quality. Newport Beach City Council Agenda Item • The County of Orange. The County manages the Upper Newport Bay Regional Park and its new headquarters now under construction. The County's Coastal Facilities Section of the Harbors, Beaches, and Parks Division of the Public Facilities and Resources Department oversees the current sediment dredging project on behalf of the State. The Sheriff's Department operates the Harbor Patrol that provides law enforcement in the Bay. • The City of Newport Beach. The City administers areas designated as "tidelands" in and around the Bay on behalf of the State under the direction of the State Lands Commission. The City's Harbor Quality Affairs Citizens' Advisory Committee assists the City and its residents in improving the Bay ecosystem. Here are the specific projects in which the above - mentioned entities are participating: Dredging/Sediment Removal • Unit III Basin • Federal Channel • Permanent Designation of LA -3 Spoils Dumpsite Water Quality Impacts • TMDL Development/ Monitoring • Toxic Hot Spots • Eelgrass Restoration Plan Planning and Studies • Corps' San Diego Creek Watershed Feasibility Study • Corps' Upper Newport Bay Feasibility Study • Department of Fish and Game Upper Newport Bay Management Plan Capital Improvement/Other Projects • Harbor Patrol HQ Reconstruction • Upper Newport Bay Regional Park Interpretive Center Construction • Ocean Sand Replenishment These projects are described in greater detail and depicted graphically in Attachment A ( "Newport Bay Projects "). The attachment also identifies the various entities responsible for each project and the funding associated with the efforts. While the City and its Bay partners received significant success in 1998, long -term funding for some projects continues to be a challenge. As a case in point, State Senator Ross Johnson (R- Irvine) and State Assembly Member Marilyn Brewer (R- Irvine) were active in their 1998 support of a line -item appropriation in the Fiscal Year 1998 -99 State Budget that fulfilled the State's obligation to fully fund the Unit III dredging project. This $7.4 million expense for a dredging project that was 10 years in the making required significant advocacy on their part and on the part of the City and County. To avoid this once -a- decade expense, Senator Johnson sponsored (with Assembly Member Brewer's co- authorship) SB 1546 in 1998 to create an annuity that would annually appropriate $400,0000 to the Department of Fish and Game for the Upper Agenda Item _ Newport Bay Ecological Reserve Maintenance and Preservation Fund. Revenue in the Fund could be used by the Department for "purposes relating to the maintenance and preservation" of the Upper Newport Bay Ecological Reserve. Despite active support by the City, the County, and many friends of the Bay, in Summer 1998 the Assembly Appropriations Committee amended SB 1546 to include only a one -time appropriation of $200,000. Governor Wilson signed the bill in September 1998. As the 1999 -2000 Legislature convened, Senator Johnson introduced new legislation that would again attempt to create a $400,000 annuity for the Fund. Johnson's SB 141 (co- authored by Assembly Member Brewer) was introduced on January 4,1999, and will again require the City's support. Attachment B is a proposed support letter for the Mayor's signature. W_IGt� ITL��It1A Attachment A - Graphic of Newport Bay Projects Attachment B - Draft Support Letter for SB 141 (Johnson) J H Z W S U Q H Q W O cc a H cc O a w Z O Vog� N = w 0 E �'b bF ° C �yy dpi tL °m t Irl O LL p N II S v c 1Z0 u� m m ULL LLa �o ql mm c° �°o =1$LL Q LWL E LL II W o Lu R 0CC EE Q a 3 'c 10 c W ycl? II W 5.2 @ U 2 t 0.9 � W E m Vic O m E o m Q nyLLN n J E m C E m fl O_J aZ� OUB' o z °x a ° S x m a U 2 m Sq q� y 4d _Z m$ t sg N U a = T 0) U 6 n U 0 0 8 d o� o U 0 W O = 6 O1 J � 0 6 >� O C CO z� Cl ¢ E Q O 1 Cm Z E_ Co O H a g -g Piz�y my oom j II Zmm c ^ c ZS a4H y2Emq II d O -n m m C 4 q� Q J m ryory rycryrny Ec Uy`in voN II „op�ga vm (DLL LL - CpLLpvv r 3 22 2 QU M2LIa $ `ry ra 3Q II yo N C Y $ W a m m n_cmi ¢ C D O t m d A W ym ¢ O W U ad> IL 78 o 7 v E ®; E Y 2mrnm a r m t T t U m - PLL N S n Z `m LL n c .8 c J C o tan E p? > i0 d o $ O E C Q m �4v Z C a (� W Cl W 0) > ¢r Cl = `N LU = Q Ca Q c Um a ¢ H Cl o LL y a ® T v °pv m m NL Co C >O mrn t QLL y� N� y Q W rn t' mLL c n�omc `m EOt�r�' °m-i a °EyE'Emdv D!0 n$ Um E C E N 0) mQ II U A a m m = E m n $ L m l0 U e Z a a Ql LU E J O Q �t Q0.6 O c Cl LL m J a a &fig da y�mE� 5C, T m2�LL apl —Em mm mpZ RCL y E c m z ca E 'x Ci Z rn Cy0 EcU 9 J? m `m C t0 v E na O� -J3 m � aQ m N� c mtK O F m �CL II m a L)ommm i 0 Cm 0 = m n i y mmmll N E�ia NOC 8C U m m 1 ° x Omg O O LLI} W LL LL J W W LL C O C T¢° 3: p0 F7 C=m8 moo NL �QO C`Orni 01 t0 (i 6`02m m� O m5 o yLL t� OM w�'A2c v a m n Z c m o m m o in Q O C� ocCS N m m m m m o u rn ¢]na �nmcq E� y O D Cj ¢ m Cl .ED O¢�`� E LL omm mo-I. II ¢m: Um< mw °a? 0 0 ? n3 a c m w 1 m y !2 Co /A y 1 m u�m I.�yU vy$U C N N N y L N 0 � 1 f a 3 C v ia� 'OS � U Gc x E o m � C U U ouZ w q'0 N cn`m� c aU2a m H o Q v �4 q m O a= a `m= a '$ N L 2 4J moS -,Q-� 0 U 0 N LL C m m mm Z N m m CO C C Ca is N (n m U q -j y Sca LL �b p m E y 'c wQUOVEip M p c m= t�m.�iLL C m m'wm sd y o Z N m �4 ffi _�� Ca N m =moo J 6'p aim LU a Co U4O P Q C a f/1 j O ®N U m m� 23e�� yp Uyg�� N y CLL£�LL W.- ly Ma n C y VoV �c C N (S ID m N M E o v E mW 3via v� CO aat�� »am a m m y m a E � d 3LL 30 C. .e miq a = Ct Q . ° R CL W-a Z b �d 8 O N m E w H�nQ`II O -oz. s ~ m �` w o m c ¢ N TNd lA C Ipn 4 Cn C U N Ci N J N N W y y W om N m Q m c m C W C oQ j�Zm LL N a j q C BOO m& mc0 � a> EQ � rj °o cLL NJ t2 aco�i:Ey I g¢ cQ4IpT IL pd�G agm omCaQe w D LU e' mdW QN Ala = 1 a On d 0a�n N� C o'er C O y m A F D C O ° J U Cna pa �o�� a C.- � E ¢ m °n co Ecim Attachment B January 12, 1999 Honorable Ross Johnson Senate Minority Leader State Capitol, Room 305 Sacramento, California 95814 RE: Support for Senate Bill 141 Dear Senator Johnson: Agenda Item _ Page 5 On behalf of the City Council of the City of Newport Beach, please accept my sincere thanks for your authorship of Senate Bill 141 relating to an Upper Newport Bay "annuity." I am pleased to offer the City of Newport Beach's formal support for this important legislation. As you are aware, SB 141 would provide an annual appropriation of $400,000 for the Upper Newport Bay Ecological Reserve Maintenance and Preservation Fund for expenditure by the State Department of Fish and Game. The restoration and preservation of the Upper Newport Bay Ecological Reserve (a State asset administered by the Department of Fish and Game) is a critical concern for the City and its residents. We see the annual appropriation of revenue to this Fund as the key to securing a long -term funding source for the maintenance and dredging of the Bay. As you are aware, the State is currently funding a $7.4 million 1,000,000 cubic yard sediment removal project today. All of the agencies involved in the Bay acknowledge that a more cost - effective alternative would be to annually fund a smaller, maintenance level dredge rather than a project the scope of the current once -in -a- decade effort. Again, thank you for your sponsorship of SB 141. Please use this letter of support in any manner in which you deem appropriate. Further, please do not hesitate to contact the City when we can be of additional assistance to you with this bill. The City appreciates your continued advocacy on behalf of the Bay. Sincerely, DENNIS D. O'NEIL Mayor of Newport Beach cc: Ken Emanuels, Legislative Advocate Assembly Member Marilyn Brewer