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Home My WebLink About04 - Proposition 13 Grant for Buck GullyITEM 4 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Deputy City Manager SUBJECT: Proposition 13 Grant for Buck Gully RECOMMENDED Adopt Resolution 2001 -_ authorizing City staff to apply for a grant ACTION: from the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Prevention Bond Act (Proposition 13, March 7, 2000) to make water quality and habitat improvements in Buck Gully. BACKGROUND: 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 non- point source discharge (urban runoff) into the Pacific Ocean 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 ASKS; and the • Heisler Park Ecological Reserve ASBS In November 2000, the Santa Ana RWQCB issued a cease and desist order (CDO #00 -87) to The Irvine Company, the California Department of Transportation ( Caltrans), and the California Department of Parks and Recreation 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 Elementary School northerly of Laguna Beach. The CDO 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 CDO - approved November 16, 2000 by the Regional Board — has been appealed to the State Water Resources Control Board by Caltrans. The Regional Board was made known of runoff problems near the Irvine Coast ASBS by Crystal Cove area residents and the Orange County CoastKeeper, a nonprofit organization based in Newport Beach that advocates for water quality and the protection of the ocean environment. The Board's action was one of the first times that a California Regional Board had used the 1997 Ocean Plan to issue a CDO for waters draining into an ASBS. Beach City Council Page 2 As noted above, the ocean at Little Corona has also been designated by the SWRCB as an ASBS. The Newport Beach Marine Life Refuge ASBS extends oceanward from Poppy Avenue to the city limits at the easterly edge of Cameo Shores. The ASBS's seaward boundary is 1000' from the beach (see map below). Drainage into the Newport Beach ASBS includes Buck Gully, Morning Canyon, and at least six storm drains. To date, the City has not received any correspondence from the Regional Board regarding inflows to the Newport Beach ASBS. Newport Beach Marine Life Refuge ASBS The Water Bond. In March 2000, the states voters approved Proposition 13, the "Safe Drinking Water, Clean Water, Watershed Protection, and Flood Prevention Bond Act." Included in the $1.97 billion bond act was a $90,000,000 authorization for the "Coastal Nonpoint Source (NPS) Control Program" The Coastal NPS Program funds projects that "restore and protect the water quality and environment of coastal water, estuaries, bays, and near shore waters and groundwaters" In late 2000, the State Water Resources Control Board ( SWRCB) issued a Request for Proposals (RFP) for grants that draw upon about $2.2 million of the $90 million. Proposals are due by February 1, 2001 and cannot be for less than $50,000 nor more than $1.0 million. Any municipality, educational institution, or non - profit organization may apply for a grant. Any grant- funded activity must "reduce or prevent non -point source pollution to ground and surface waters" Projects must be located within the boundaries of the six coastal Regional Water Quality Control Boards, including our Santa Ana Regional Board. In mid -2000, Nancy Gardner of Newport Beach Surfrider approached the City via the Harbor Quality Citizens' Advisory Committee (Ms. Gardner is a member of the HQAC) to attempt to "fix Buck Gully." Buck Gully is a 4 -5 mile drainage area in eastern Corona del Mar and Newport Coast that carries stormwater, spring water, and urban runoff (irrigation overflow and more) to the ocean at Little Corona, Thanks in large part to Ms. Gardner's request and due to the CoastKeeper action south of the city limits at the Irvine Coast ASBS, the Harbor Quality Committee adopted "fixing Buck Gully" as one of its goals for 2001, Page 3 "Fixing Buck Gully" can mean a variety of things that would remove or mitigate bacterial and other contaminants that come down the Gully into the ocean. In recent years, the water in Buck Gully has: • lncreased in volume, possibly because of additional development in the Newport Coast area and /or additional irrigation (using reclaimed water) at Pelican Hill Golf Course or near the Gully- adjacent homes within city limits; • Carried bacteria that can exceed state water quality standards (for the indicator bacteria known as enteroccoccus, total coliform, and fecal coliform). In fact, data from the Orange County Health Care Agency (OCHCA) shows that Buck Gully met state standards for surface waters only once (out of 104 different test periods) in 1999 and 2000, resulting in at least eight beach postings at Little Corona beach; • Carried an indeterminate amount of nitrogen and phosphorous into the ocean, typically from fertilizers used upstream. Possible Solutions. We have found in other areas that exposure to ultraviolet light (via sunlight) can kill water -borne bacteria if the water is exposed to sunlight for a significant period of time. Further, other agencies have established small wetlands that effectively remove nutrients from the water. As such, solutions to water quality concerns at Buck Gully might involve: • Creation of "soft" wetlands at the Gully's mouth (see photos in Attachment B), including the planting of native plants; • Removal of non -native plants between the mouth and Newport Coast; • Creation of "soft" holding ponds (with native plants) inland from Coast Highway; and • Limited improvements to walking /hiking trails in the area to improve access to any created wetlands or holding ponds. Any improvements to Buck Gully would require significant engineering, public works and community participation, since much of the adjacent property in the lower reaches is either privately owned or encroached upon by adjacent landowners. THIS AGENDA This Agenda ltem asks the Council's permission to pursue a grant of about 1TEM: $300,000 from the Coastal NPS Program to embark upon a restoration and water quality improvement effort in Buck Gully. We plan to partner with Surfrider, CoastKeeper, and other interested parties as we submit a joint grant application to the SWRCB for these funds. Should the City not be successful in this round of grants, more funding from the Coastal NPS Program will be available in a later RFP issued this spring. NOTE: The City Attorney has offered his opinion that the City's submission of this grant does NOT constitute project under the California Environmental Qualihj Act (CEQA). ATTACHMENTS: Attachment A - Resolution 2001 - Attachment B - Photos from Buck Gully Page 4 Attachment A Resolution 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO APPLYING FOR A PROPOSITION 13 GRANT FOR RESTORATION OF BUCK GULLY WHEREAS, the voters of the State of California approved Proposition 13 (the "Safe Drinking Water, Clean Water, Watershed Protection, and Flood Prevention Bond Act ") in March of 2000; and WHEREAS, Proposition 13 authorized the expenditure of up to $90,000,000 for the Coastal Non -Point Source Control Program; and WHEREAS, the State Water Resources Control Board has issued Requests for Proposals for a portion of those funds; and WHEREAS, an area of the City known as Buck Gully in Corona del Mar contains habitat worthy of protection and may contain water that does not meet state standards for indicator bacteria; and WHEREAS, Buck Gully's water and habitat may be improved via simple improvements to the Gully that will replace non - native plants with native ones and that may slow down bacterially - impaired water so that sunlight can kill most or all of the bacteria; and WHEREAS, the City believes that improvements to Buck Gully are appropriate to fund via the Coastal Non -Point Source Control Program; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that the City Council hereby authorizes and encourages the City's participation in soliciting Proposition 13 revenues for the rehabilitation and restoration of the habitat and water quality in Buck Gully. ADOPTED this 23rd day of January, 2001. Garold Adams MAYOR ATTEST: LaVonne Harkless CITY CLERK ^� � t.� _ �, � _ y;- - • t •fie. 1, � \ / 1.\ .. S .. .......... Y� 4T- a , `� R '1 a , `� R m fir- f tyw