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HomeMy WebLinkAboutS21 - Newport Bay Ecosystem Restoration Project• CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s21 February 10, 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: Resolution 2004 - --Federal Support for the Newport Bay Ecosystem Restoration Project ISSUE: Should the City Council adopt a formal Council resolution asking the federal government to prioritize funding for the Upper Newport Bay Ecosystem Restoration Project? • RECOMMENDATION: Adopt Resolution 2004 -_ asking Congress to add funding for the Newport Bay Ecosystem Restoration Project into the FY '05 Federal Budget. DISCUSSION: Background: Newport Bay is an impaired water body per §303(d) of the federal Clean Water Act. As such, the US Environmental Protection Agency (US EPA) and the State Water Resources Control Board (SWRCB) via the California Regional Water Quality Control Board, Santa Ana Region (Regional Board) is directed to prepare "total maximum daily loads" (TMDLs). A TMDL is a management plan to eliminate a water quality impairment within a certain amount of time. Newport Bay is listed on the §303(d) List for the following substances: • Sediment • Nutrients • Fecal Coliform bacteria • Toxic Pollutants • More specifically, here is what the Sediment TMDL says: Resolution in Support of UNB Ecosystem Restoration Project February 10, 2004 Page 2 • Local padners (stakeholders in the watershed) must survey the Bay regularly and reduce annual sediment coming into the Bay from 250, 000 cubic yards to 125, 000 cubic yards (a 50% reduction) by 2008. The TMDL's goal is to reduce dredging frequency /n the Bay to once every 20 years. Reducing sediment inputs to the Bay is >l art of the Sediment TMDL. But first the Bay needs to be dredged and restored to its optimal ecosystem so that the sediment that does enter the Bay (within the TMDL's limits) does not exacerbate the impairment. The Upper Newport Bay Ecosystem Restoration Project, a US Army Corps of Engineers -led effort planned for September 2004, restores the Bay to this optimal point. The Project's: • Construction period will be September 2004 through early 2007. There will be a dredge in the Bay and barges going up and down the channel for a significant period of time, often working 24 hours a day; • Life is intended to avoid this scale of dredging for another 21 years; • Cost is estimated at $38 million; and • Dredging activity will remove more than 2.1 million cubic yards of material. A design of the approved Project is attached to this staff report (see Attachment B). Project Funding. When the voters passed Proposition 12 in 2000, they approved an • allocation of $13.5 million specifically for the Project in a statewide bond measure. State Senator Ross Johnson was instrumental in including the Project's funding within the language of Proposition 12. Once approved by the voters, the State Coastal Conservancy allocated the funding to the Project in late 2003 - the SCC directed the full amount towards the Project as the Project's state /local "match." Most US Army Corps projects - like this one - require that the state and local partners come up with 35% of the overall cost, with the federal government picking up 65 %. $13.5 million is about 35.5% of $38 million. Congressman Chris Cox has strongly advocated for the federal share ($24.5 million) of the Project's cost in Congress. Typically, the US Army Corps' budget for the coming federal fiscal year (which begins in October) is released by the executive administration in the February before the October budget year. Congress' review of the administration's budget allows Members of Congress to add or delete items within the President's budget and then pass the budget back to the President, where the President can sign or veto the budget. Unlike the Governor of California, the President does not have "line -item" veto authority - he or she must veto the entire budget if they disagree with provisions within it. The Federal FY '04 Budget (not yet approved) is expected to contain about $500,000 to provide start-up funding for the Project. We expected another $7 -9 million in the FY '05 Budget and a similar amount in the FY '06 and FY '07 Budgets. President Bush's • Resolution in Support o /UNB Ecosystem Restoration Project February 10, 2004 Page 3 • administration, however, submitted a FY '05 Budget to Congress that contained no funding for the Project in FY '05. As noted, Members of Congress can add appropriations to the President's Budget once it is submitted to Congress. The vehicle for these "Congressional adds" are the 12 appropriations bills that implement the President's Budget each year. The US Army Corps' civil public works projects are funded within the Energy and Water Development Appropriations Act. This agenda item asks the City Council to adopt a formal resolution urging Congress to support the UNB Ecosystem Restoration Project within the appropriations process to ensure that the Project is constructed. Committee Action: none. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. The NB Project itself has completed its environmental review, including an Environmental Impact Statement (EIS) done through the National Environmental Policy Act (NEPA). 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). • Funding Availability: As noted within the report, this Project's funding is as follows: State Bond Funds (Proposition 12) $ 13.5 million Federal Appropriations FY 04 (actual) $ 500,000 FY 05 (est) 8,000,000 FY 06 (est) 8,000,000 FY 07 (est) 8,000,000 Total Federal Appropriations Needed $ 24.5 million Total Project Cost U8__ Omillion Alternatives: There are no viable alternatives to the Project except breaking it up into smaller -scale projects. Doing so may require additional environmental review. Funding alternatives include seeking additional State support (unlikely) or using City funds to make up the $24.5 million difference (also unlikely). Another funding alternative — which staff will pursue — is to work with the Corps to determine if various other civil public works project's within the Corps' LA District area were anticipated for construction but may not be physically ready (lacking permits, etc.) Sometimes funds from these delayed projects can be diverted towards a project like the UNB Project — already permitted and ready to go. �J Submitted by: Dav iff Assistant City Manager Attachments: Resolution 2004 - Design of the Preferred Alternative for the UNB Project • • • Resolution in Support of UNB Ecosystem Restoration Project February 10, 2004 Page 5 0 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALLING FOR FEDERAL FUNDING FOR THE UPPER NEWPORT BAY ECOSYSTEM RESTORATION PROJECT WHEREAS, Newport Bay is a vital and important ecological and recreational resource to Southern California; and WHEREAS, Newport Bay is home to at least six federally endangered species, including the California Least Tern, the California Brown Pelican, and the Lightfooted Clapper Rail; and WHEREAS, Newport Bay is listed as an impaired water body under Section 303(d) of the federal Clean Water Act; and WHEREAS, the Bay's impairments include sediment, nutrients, fecal coliform bacteria, and toxic materials; and • WHEREAS, the City of Newport Beach is an active participant in the Watershed Executive Committee and the Watershed Management Committee, two entities which collectively manage and administer plans called Total Maximum Daily Loads ( "TMDLs ") which are intended to eliminate these impairments; and WHEREAS, committee membership includes all of the stakeholders and funding partners within the 154 - square mile watershed ( "Watershed Partners ") that drains into the Bay, including the County of Orange, the California Department of Fish and Game, the California Regional Water Quality Control Board, Santa Ana Region, the Irvine Ranch Water District, and the cities of Newport Beach, Costa Mesa, Irvine, Tustin, Santa Ana, Orange and Lake Forest; and WHEREAS, the Sediment TMDL directs the Watershed Partners to remove the Bay's sediment on a scheduled basis such that significant dredging events occur not more than once every 21 years - doing so ensures the long -term stability of the Bay and keeps this important estuary from becoming marshland; and WHEREAS, the $38 million Upper Newport Bay Ecosystem Restoration Project (the "Project "), led by the US Army Corps of Engineers in cooperation with the Watershed Partners, has been in its planning stages since the late 1980s and is now ready for construction; and • Resolution in Support of UNB Ecosystem Restoration Project February 10, 2004 Page 6 WHEREAS, the Watershed Partners have secured $13.5 million in funding via Proposition 12 and the State Coastal Conservancy, thus meeting the 35% state /local match required of any US Army Corps construction project; and WHEREAS, the Federal share of the Project is roughly $24.5 million, but recent budgets introduced by the Administration have not contained any funding for the Project, thus requiring Members of Congress to add funding to the Energy and Water Development Appropriations Acts for the Project; and WHEREAS, US Representative Chris Cox and US Senators Barbara Boxer and Dianne Feinstein have in the past successfully advocated on the Project's behalf as it has gone through its reconnaissance and feasibility phases; and WHEREAS, in addition to securing the local match for the Project, the City and the Regional Board have cooperatively established a long -term funding source for future Bay dredging projects called the Robinson- Skinner Annuity which contains more than $3.8 million; now, therefore be it E RESOLVED by the City Council of the City of Newport Beach that it hereby strongly urges the US Congress to support the nationally - significant ecosystem within Upper Newport Bay in Orange County, California by providing full funding for the US Army Corps -led Upper Newport Bay Ecosystem Restoration Project within the FY '05, • FY 'O6, and FY '07 Federal Budgets; and be it also RESOLVED by the City Council of the City of Newport Beach that it hereby respectfully requests Congressman Chris Cox and Senators Boxer and Feinstein to advocate for this Project on the state's behalf within the federal appropriations process; and be it also RESOLVED by the City Council of the City of Newport Beach that it hereby directs this Resolution to be distributed to Congressman Cox, the remainder of the Orange County Congressional Delegation, US Senators Barbara Boxer and Dianne Feinstein, and the members of the Watershed Executive Committee. ADOPTED this 10'x' Day of February, 2004. TOD W. RIDGEWAY Mayor ATTEST: LAVONNE HARKLESS • City Clerk • 0 • Resolution in Support of UNS Ecosystem Restoration Project February 10, 2004 Page 7 Attachment B Proposed Restoration Project i \\ w�Q 't 6 t del +' I i= 52 RESOLUTION 2004- 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALLING FOR FEDERAL FUNDING FOR THE UPPER NEWPORT BAY ECOSYSTEM RESTORATION PROJECT WHEREAS, Newport Bay is a vital and important ecological and recreational resource to Southern California; and WHEREAS, Newport Bay is home to at least six federally endangered species, including the California Least Tern, the California Brown Pelican, and the Lightfooted Clapper Rail; and WHEREAS, Newport Bay is listed as an impaired water body under Section 303(d) of the federal Clean Water Act; and WHEREAS, the Bay's impairments include sediment, nutrients, fecal coliform bacteria, and toxic materials; and WHEREAS, the City of Newport Beach is an active participant in the Watershed Executive Committee and the Watershed Management Committee, two entities which collectively manage and administer plans called Total Maximum Daily Loads ( "TMDLs ") which are intended to eliminate these impairments; and WHEREAS, committee membership includes all of the stakeholders and funding partners within the 154 - square mile watershed ( "Watershed Partners ") that drains into the Bay, including the County of Orange, the California Department of Fish and Game, the California Regional Water Quality Control Board, Santa Ana Region, the Irvine Ranch Water District, and the cities of Newport Beach, Costa Mesa, Irvine, Tustin, Santa Ana, Orange and Lake Forest; and / WHEREAS, the Sediment TMDL directs the Watershed Partners to remove the Bay's sediment on a scheduled basis such that significant dredging events occur not more than once every 21 years - doing so ensures the long -term stability of the Bay and keeps this important estuary from becoming marshland; and WHEREAS, the $38 million Upper Newport Bay Ecosystem Restoration Project (the "Project "), led by the US Army Corps of Engineers in cooperation with the Watershed Partners, has been in its planning stages since the late 1980s and is now ready for construction; and WHEREAS, the Watershed Partners have secured $13.5 million in funding via Proposition 12 and the State Coastal Conservancy, thus meeting the 35% state /local match required of any US Army Corps construction project; and WHEREAS, the Federal share of the Project is roughly $24.5 million, but recent budgets introduced by the Administration have not contained any funding for the Project, thus requiring Members of Congress to add funding to the Energy and Water Development Appropriations Acts for the Project; and WHEREAS, US Representative Chris Cox and US Senators Barbara Boxer and Dianne Feinstein have in the past successfully advocated on the Project's behalf as it has gone through its reconnaissance and feasibility phases; and WHEREAS, in addition to securing the local match for the Project, the City and the Regional Board have cooperatively established a long -term funding source for future Bay dredging projects called the Robinson - Skinner Annuity which contains more than $3.8 million; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby strongly urges the US Congress to support the nationally- significant ecosystem within Upper Newport Bay in Orange County, California by providing full funding for the US Army Corps -led Upper Newport Bay Ecosystem Restoration Project within the FY '05, FY'06, and FY'07 Federal Budgets; and be it also RESOLVED by the City Council of the City of Newport Beach that it hereby respectfully requests Congressman Chris Cox and Senators Boxer and Feinstein to advocate for this Project on the state's behalf within the federal appropriations process; and be it also RESOLVED by the City Council of the City of Newport Beach that it hereby directs this Resolution to be distributed to Congressman Cox, the remainder of the Orange County Congressional Delegation, US Senators Barbara Boxer and Dianne Feinstein, and the members of the Watershed Executive Committee. ADOPTED this 10`h Day of February, 2004. ATTEST: 4 LA ONNE HARKLESS � City Clerk TOD W. RIDGEWAY Mayor STATE OF CALIFORNIA ; COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, LaVonne M. Harkless, City Clerk of the City of Newport Beach. California, do hereby certify that the whole number of members of the Citv Council is seven; that the foregoing resolution, being Resolution No. 2004 -12 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of February, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky. Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of February, 2004. (Seal) City Clerk Newport Beach, California