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HomeMy WebLinkAbout06/24/2003 - Study SessionCITY OF NEWPORT REACH City Council Minutes Study Session June 24, 2003 - 4:00 p.m. ROLL CALL Present: Heffernan, Proctor (arrived at 5:30 p.m.), Ridgeway, Adams, Webb, Mayor Bromberg Absent: Nichols CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item 22 (Corona del Mar State Beach), Council Member Webb believed that the item should not be on the Consent Calendar. He indicated that it will be his recommendation that this item be continued for one or two meetings to get more information and to let the public know there will be a full hearing. Mayor Bromberg reported that the City Manager told him that he will be pulling the item and requesting a continuance. Mayor Pro Tem Ridgeway noted that there are a number of capital improvement program (CIP) items on the Consent Calendar and asked if they are for fiscal year 2002 -2003, not fiscal year 2003 -2004. Public Works Director Badum confirmed that the projects are for fiscal year 2002 -2003 and reported that some of them will not start until after summer. Regarding Item 17 (Comprehensive Update to the Sign Code and the Development of a Design Guidelines Manual), Assistant City Manager Wood noted that minor changes were made to the professional services agreement and that the changes were placed at Council's seat tonight. 2. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) PRESENTATION. City Manager Bludau reported that this will be continued to a future meeting. 3. CREATION OF A PARK PATROL PROGRAM. Recreation and Senior Services Director Knight utilized a PowerPoint presentation. She reported that in Fall 2001, complaints and issues were raised to the Parks, Beaches and Recreation Commission (PB &R) by the Youth Sports Commission Member Organizations ( YSCMO) and residents who live along Ocean Boulevard. She stated that the residents were concerned about Lookout Point and increased drinking, noise, parties, and an inordinate amount of wedding ceremonies using tents, canopies, and chairs. She indicated that a PB &R committee, working with YSCMO and the Police Department, began looking at options. One option was to post additional signs with regulations: however, some of the signs at Lookout Point were being continuously torn down. Volume 56 - Page 233 INDEX [No Report] Park Patrol Program (62) City of Newport Beach Study Session Minutes June 24, 2003 INDEX She indicated that another option was to establish some type of patrol or enforcement. She noted that the committee also looked at what other Orange County cities are doing to see what would work in this community. She stated that the proposed Park Patrol Program has been to PB &R for revisions, the final concept went before PB &R on April 1, and they approved it and recommended that it be brought before Council for review. Ms. Knight reported that the mission of the Park Patrol Program would be to provide the citizens of Newport Beach with an educational and enforcement presence within City parks and facilities to enhance the safety and overall quality of the park and recreation experience. She stated that the need for the program has arisen due to the increase in park and facility usage which has brought an increase in trash, an impact on neighborhoods, permit compliance issues, and vandalism. She added that there is a need to help the youth sports organizations and permitted groups with intrusions by outside groups. Further, there is a need for overall facility security. Ms. Knight reported that a Park Patrol Program would provide onsite customer service, education, and response to inquiries and complaints; patrol parks, picnic areas, community centers, and fields; provide a contact person for the users; help the City monitor special event permit conditions; enforce park rules and regulations; and alleviate the need for police and code enforcement to respond to park nuisance and complaint calls. Ms. Knight reported that education will be the City's first line of enforcement and that the program will establish a presence in parks and community centers to educate the community and user groups. She noted that security issues continue to be on the rise. She displayed the steps at Arroyo Park and reported that the speed stoppers have been popped off three times and replaced at a cost of $2,000 to $3,000. She noted that this also happens at Cliff Park. Further, the City had to install fences at Galaxy Park to stop vehicles from driving into the park and noted that the playground equipment was being set on fire at Arroyo Park even before the park opened. Ms. Knight reported that one of the main duties of the park patrol will be to monitor fields and park uses through routine visits. She indicated that UCI was putting on a soccer clinic for six Saturdays in a row at one of the City's facilities at a cost of $150; however, they had no permit to be out on the fields. She explained that the City charges a permit fee to help offset the cost of maintenance. She stated that park patrol can help identify who some of the users are and help the City recoup some of the costs. She reported that the youth sports organizations put thousands of dollars into park maintenance to maintain the fields they use. She stated that, after they check the field schedule with the City, sometimes they prep a field for use but between the time they have done this and their game starts, someone else has used the field and ruined it. She pointed out that the youth sports organizations are also incurring additional costs by redoing fields that have incurred vandalism. Ms. Knight reported that there are also problems with groups, particularly surf contest users, that are permitted but try to take exclusive use of an area. She added that there is currently no way to follow up on some of the users relative to lack of clean -up, damage, or theft. She stated that there is also an increased need to monitor and control access to facilities. She indicated that, in the past, they have issued keys to some of the regular users and instructors, but they are tightening that process and need a better system of unlocking facilities and securing them when the activity is done. Volume 56 - Page 234 City of Newport Beach Study Session Minutes June 24, 2003 INDEX Ms. Knight stated that some of the issues surrounding special events are the use of P.A. systems, rental capacities, bounce house insurance, hours of permitted use, permit compliance, and weddings at view parks. She indicated that the rules that the program will help monitor are no alcohol consumption in the parks, no golf on the athletic turf, no skateboarding, and the leash laws. She reported that they are proposing to have a staff of two part -time employees, with one acting in a lead capacity, who will work about 53 hours a week at a cost of about $52,676 a year. She added that they will be funded through the use of the athletic fields and stated that the YSCMO has agreed to pay $1/hour, which will generate about $20,000. Further, they propose an increase in fees for facility rentals to assist with the cost of the program, noting that they are proposing an additional 15% this year to make about $20,000. She added that they will be coming before Council with an increased cost recovery for special event permits to generate about $70,000 in additional revenue, $20,000 of which would be earmarked for the program. Ms. Knight reported that residents make up a majority of the rentals and highlighted the fee comparison chart. She believed that the residents will receive greater attention and enforcement of current policies and ordinances; a more timely response to complaints or problems; a greater assurance that events in parks will be monitored; improved customer service; and an increase in the overall quality of park user experience. Police Captain Henisey stated that he has been working with the Recreation and Senior Services Department over the last couple of years in terms of analyzing and looking at this program. He indicated that they have been involved with some of the crime issues, especially over the last couple of years that deal with vandalism. He reported that the Police Department does not have the resources available to provide ongoing, regular patrol to ensure that the parks are being used by the permitted users since many of the activities occur at peak activity times for them. He believed that having this program in the Recreation and Senior Services Department is appropriate since they are the ones who are responsible for organizing and putting together the permits, and for collecting the fees involved with youth sports. He added that he feels the customer service aspect of this is more appropriately applied to the recreation department. He reported that the Police Department has committed to provide some training for the limited enforcement aspects that may be involved with the program, like issuing administrative citations, and will provide training on how to best communicate with the Police Department if they run across a situation. In response to Mayor Bromberg's questions, Ms. Knight indicated that the two positions would not be independent contractors, but part -time employees of the City. She reported that they would be working with code enforcement and the Police Department, and receive Penal Code 832 training. Mayor Bromberg stated that he has an issue with someone trying to tell a party that they have to leave and expressed concern about the potential for a fight to break out. Ms. Knight stated that the park patrol will be trained to look at enforcement through a customer service perspective, but if they cannot mitigate the situation in a peaceful manner, they will call for backup from the Police Department. She indicated that, when the Police Department receives the call, they will know that there is someone out there that is trained and has looked at the situation, and they will probably get more priority. Regarding the salary range, in order to attract individuals with previous experience, she stated that they would start Volume 56 - Page 235 City of Newport Beach Study Session Minutes June 24, 2003 INDEX at about the same pay as a Uommunity Services Utticer in the Police Department. She emphasized that they will look at the best training so the park patrol understands what their role is, their abilities, and when to back out before they get into a situation that could put the City in a tremendous amount of liability. Mayor Bromberg suggested that, if Council decides to make this into an action item, the staff report include the training program. In response to Mayor Pro Tem Ridgeway's questions, Ms. Knight indicated that they do not have a log of complaints, but they probably should have been keeping a log. However, they do not have the staff to log all the complaints and to follow up on them. She reported that they receive calls about weddings two to three times a month. She noted that there are 57 parks throughout the City and reported that the park patrol's schedules will be random and they will not be expected to visit every park every day. She explained that, if a routine is established, some of the problem people will just figure out the routine. She stated that a lot of the day will be spent responding to calls that came in the day or night before. She noted that they would like to have more staff, but PB &R was being prudent in looking at this as a pilot program. Mayor Pro Tem Ridgeway expressed concern that there is no documentation of the problems mentioned tonight. Ms. Knight stated that the youth organizations are constantly calling and emailing them about problems, like a coach with seven year olds being kicked off the field by an adult rugby team. Further, the department also receives calls about once a week regarding picnic reservations. She pointed out that they have no way to enforce a service that the City is asking people to pay for. Mayor Pro Tem Ridgeway stated that he was a part of the youth sports organizations and be never had a problem in five years, believing that it will be impossible for the park patrol to visit the 38 active parks. Ms. Knight reported that they have tried providing additional education, conducting an outreach to the groups, and installing signs. She noted that they can educate the permit holders, but not the people who are preventing the permit holders from having their event. She stated that they looked at all the options, the committee identified some of the options and put some of them into place, but they feel that the Park Patrol Program would be an additional layer of enforcement. She reported that about 75% to 80% of the picnic users are residents, they are given "reservation" signs, but they are gone by the next morning by someone claiming the spot. Charlie Massingill, Vice President of the Newport Harbor Baseball Association, stated that their main field is at Mariners Park, behind the library. He reported that, last year, a baseball team from Huntington Beach and Costa Mesa were practicing on that field because they were kicked off of a Costa Mesa field. He indicated that they went to Mariners Park because they knew there was no enforcement. He added that they were not insured and left the field in a mess. He reported that the baseball team then started to show up at Eastbluff Park. He added that, at Mariners Park, people are giving private tennis lessons, there are soccer clinics on Sundays, and there is a dog obedience class on Saturdays that should not be going on. He indicated that their league covers Newport Beach and Costa Mesa, but Costa Mesa has a Park Ambassador Program which will call him to tell him if there is a problem, i.e. the baseball team was on the field too long or they left a mess. He added that he also has their cell phone number so he could report if someone is destroying the field when it rains. He noted that the ambassador shows up in ten minutes. He stated that the Volume 56 - Page 236 City of Newport Beach Study Session Minutes June 24, 2003 INDEX ambassador does not just drive from park to park, but youth groups are also watching out for the parks and reporting any problems. In response to Mayor Pro Tem Ridgeway's questions, Mr. Massingill stated that he heard that the Costa Mesa baseball team was at the park at least four or five times the previous weeks, and indicated that he told them that they had to see Recreation Manager Levin for a permit. He believed that other communities will start showing up in the City because they know there is no enforcement, noting that travel baseball teams are popping up all over the place. Mayor Pro Tem Ridgeway asked what type of enforcement is involved and asked if the City has any sanctions for improper use of public parks. He believed that there is a more effective way to deal with these issues than to hire two people. City Attorney Burnham stated that the City has a code section that deals with commercial activities on sidewalks, but does not believe there is any prohibition against that activity in parks. He stated that Council may want to adopt some sort of regulatory structure in the code that will give park patrol some authority to remove people from areas that are designated for particular uses by permits. Mayor Pro Tem Ridgeway asked what will prevent another team from coming to a public park and using the fields. Mr. Burnham reported that public parks are under the control of the City Manager, so he or Council can adopt rules and regulations regulating the use of the parks. David Spowell, President of the Corona del Mar Pony League, stated that his league is probably the smallest youth sports organization that the City deals with. He asked that Council be aware of the investment youth sports makes, reporting that they spent about $3,000 to $5,000 to make improvements to the field; maintain the field from January to July at a cost of $600 a month; spent $10,000 to add a batting cage; and spent $8,000 to improve the softball field behind Eastbluff Park. He noted that, in the last five years, they have probably put in about $30,000 to $50,000 for park maintenance. He reported that he has been involved in youth sports for a long time and probably only had three confrontations. He noted that, when it is raining, he can keep his players and managers off the field, but he does not have a way to keep others off the field, the field gets damaged, and ends up costing $1,000 to $2,000 to repair it. He added that vandalism and theft is a problem and costs them $2,000 to $4,000 a season. He agreed that the park patrol would have a lot of ground to cover and not a lot of people to do it, but believed that random patrolling will help. Further, park patrol would prevent conflicts with practices and bounce houses in the same field. Mayor Pro Tem Ridgeway asked if there was a permit process for bounce houses so they do not place them in the outfield field of a baseball field. Mr. Burnham believed that bounce houses require a special event permit. Mr. Burnham reported that, pursuant to the municipal code, someone cannot use any park facility for which a fee is charged without first having paid the fee required and having received any required permit. He believed that the City can make it illegal for someone to use a park or certain area when someone else has paid a fee to use the area and they were issued a permit by the City. John Hamilton stated that Inspiration Point has evolved into a combination wedding chapel, funeral parlor, campground, and sunset bar. He believed it is out of control and noted that alcohol is being consumed there at sunset Volume 56 - Page 237 City of Newport Beach Study Session Minutes June 24, 2003 11013 *.4 whenever the weather is good. He reported that there have been complaints, but no one has been arrested or cited to his knowledge. He agreed that signs have been put up but they get taken down. He stated that people are erecting columns for the weddings and using barbecues. He believed that the public park is being abused beyond what it was intended for. Mayor Pro Tern Ridgeway asked if he thinks one park patrol person can take a wedding down. Mr. Hamilton believed that, if the park patrol said the wedding does not have a permit, the word could go out and it might work. He added that he is not sure why prohibiting alcohol consumption is not being enforced. Emery Molnar, Newport Beach Little League, stated that a particular situation will not be solved by one person or entity, but believed it will provide a way for information to get back to the recreation department. He indicated that the YSCMO works well with the AYSO people, but they do see a lot of people with unscheduled permit use time. Regarding enforcement, he believed perceived presence will help, it is a start, and is a good step forward. In response to Mayor Bromberg's questions, Ms. Knight stated that she has instituted a program similar to this in the past. She indicated that the youth groups will have the park patrol's cell phone number or Nextel number, can can when there is an issue, and there will be communication between the two park patrol staff. She agreed that the program will not solve every incident or problem, but they can be there when someone tells them that a non - permitted group shows up at a certain time each week. She stated that, if there is an issue the park patrol cannot deal with, they would advise the caller to call the police. She noted that this will come with training and education of their role. Regarding Inspiration Point, Mayor Pro Tern Ridgeway asked if park patrol can deal with funerals, weddings, and drinking. Ms. Knight reported that they receive calls from residents informing them that the rental truck pulled up and is unloading canopies, tables, and chairs. She indicated that park patrol will be able to go there and stop the setup of the wedding. She emphasized that they do not want to interrupt a wedding, but want to get to the problem before it happens. She stated that there are wedding planners that offer City locations as sites for weddings. Regarding alcohol consumption, if park patrol is out on a regular basis, they can work with the Police Department and inform them of an ongoing concern. Council Member Webb asked about the Costa Mesa Ambassador Program. Ms. Knight reported that Costa Mesa has park rangers who are armed enforcement officers through the police department. Further, they also have park ambassadors that function similar to what they are proposing for the park patrol. She reported that the ambassadors work in the parks and closely with the rangers on enforcement issues. She stated that PB&R had a joint meeting with Costa Mesa's commission last month to discuss the success of that program. She indicated that Costa Mesa currently has three part -time ambassadors and two full -time rangers. Council Member Heffernan stated that he has been a coach, has run people off, and has been run off himself. He indicated that he supports this program and asked if he can make this a special District 7 budget checklist item and fund it. City Manager Bludau stated that Council Member Heffernan can add this Volume 56 - Page 238 City of Newport Beach Study Session Minutes June 24, 2003 INDEX program to the supplemental list tonight and staff can come back to better define how the park patrol will be trained and how the program will work. Council Member Adams believed that this would be paid for through fees. Council Member Heffernan stated that he would be doing this to jump start the program, but noted that this would be a revenue neutral program. Dolores Otting stated that she lives behind a park and the problems have always occurred after 8:00 p.m. She indicated that she agrees that there is a need for something, but is not sure that this proposal would solve the problem. She believed that, if the City is charging a fee to use the fields, the City should send someone out to find out what is happening. She clarified that Mr. Hamilton was not talking about Inspiration Point, but Lookout Point. Ms. Otting also asked why people are putting money into improving public parks. She expressed the opinion that there isn't time for one of the park patrols to supervise the other person because they should both be working. She stated that, with 38 active parks, the program could get four calls from different parks, and the person would not be able to get across the City when the incident is occurring. She asked if this was the best program and why staff hours are not changed to address what is going on right now. She further asked if this means people cannot use public parks when it rains. Marce Almarez, representing Region 57 AYSO soccer, stated that they are in favor of the program. He reported that his region spends between $40,000 and $60,000 a year on field improvements. He stated that the organizations that use the fields without permits do not put any money into repairing the fields and do not maintain them at all. He reported that they spent $20,000 to improve the field at Lincoln Elementary School. He noted that they have 20 fields they are responsible for and emphasized that they cannot afford to spend that type of money on every field. Further, they spent $10,000 at Arroyo Park, but saved $10,000 by keeping the club teams off the field. He reported that AYSO is the largest organization in the YSCMO and the fee they will pay for the Park Patrol Program will benefit them tremendously. Regarding safety, Mr. Almarez stated that a baseball team was practicing at Eastbluff Park where AYSO was playing a soccer game about 10 feet away. He reported that they were hitting balls onto their field and over their players. He indicated that they called the police, the police responded, and they stopped. He stated that the next week the baseball team came to the park again, but AYSO told the them that they would call the police again if they brought out a baseball. He noted that the following week, they showed up but they didn't practice, and then they never showed up again. He believed that park patrol presence will have the same affect, will help keep children safe, and will save them money. Elbert Brantice, Pacific Coast Girls Softball, stated that they maintain the fields and work with the City to maintain them. He noted that, when it rains, people come onto the field and damage it. He stated that, beside the amount of money they put in, the City has to take workers away from other jobs to repair the fields. He believed that the program is a good start and, if word goes around that the City has patrol, people may be less likely to damage the fields. Madelene Arakelian stated that she does not understand why the youth groups are maintaining the fields at public parks and asked if anyone uses the schools anymore. She indicated that she does not object to protecting individuals that Volume 56 - Page 239 City of Newport Beach Study Session Minutes June 24, 2003 INDEX use parks and permitting tar special events, but she needs to understand why they are improving the City's parks. Chris Sarris, representing Region 97 AYSO soccer, stated that he was the Chairman on Costa Mesa's Parks and Recreation Commission when their program was first installed. He noted that they initially only had one part -time park ranger, the program was a tremendous success, and let the city know who was using the fields, and kept the groups in check. He believed that they kept expanding the program because of this. He stated that Newport Beach is going to see the same uses that Costa Mesa used to see because there is no one currently checking the fields. He indicated that Costa Mesa has about 25 to 30 parks, including the schools, that have fields. He reported that the initial part - time person was able to visit all the parks during his shift, and Costa Mesa kept expanding the program because the need was there. He stated that the program was very successful and the City will see the same need as more people look for fields since they will not go to Costa Mesa because the chances of getting caught and kicked off the fields are high. He believed that the program is important to the youth groups, as well as the residents. Tony Anish, Vice President of Orange Coast United Soccer Club, stated that other clubs are against this program because they use some of the fields that AYSO and other groups use. However, he is very much in favor of it. He stated that he has read articles about clubs practicing at schools and parks, but they do not have permits. He indicated that he was at Mariners Park where 30 kids paid for a program that had no permits. He stated that those programs do not care and can use the parks at will because there is no one to protect the parks. He noted that, if they tried to go to Costa Mesa, they are stopped by the ambassadors and rangers. He believed that it is extremely important for the City to have this program. He noted that it is not going to work perfectly and there will not be enough coverage, but the word will go around. He stated that, if the City forces people to get permits, it will protect the City's resources. In response to Mayor Pro Tem Ridgeway's questions, Mr. Anish reported that there are 17 teams in his soccer club and that he is aware that there are a number of new clubs forming. He noted that most of the clubs are not community based, bring in players from wherever they can find them, and use the fields without permits. He indicated that he does not have a problem with AYSO having priority over clubs. Kathy Hamilton reiterated that Mr. Hamilton meant to talk about Lookout Point. She stated that, for years, people have gone to Lookout Point to enjoy the sunset and they may have had a little wine. She indicated that this is not what the residents are having a problem with, but are concerned that now people are packed in, sometimes 50 to 60 at a time, with tables and wine bottles. She believed it is out of control and that she was under the impression that public parks prohibited alcohol. She stated that her neighbors have called the police and so she started to call also. She believed that, if people were busted once and awhile, maybe something like this won't happen to spoil the neighborhood. Mayor Bromberg believed that the concept is good and he is willing to bring the item back to look at it further. He stated that he hopes that staff will give them more information and include a priority list of which parks have the biggest Volume 56 - Page 240 City of Newport Beach Study Session Minutes June 24, 2003 problems. He noted that there are no statistics, but the staff report should also contain some of the concerns and training information. He indicated that he will support Council Member Heffernan's supplemental budget item request. Mayor Pro Tem Ridgeway believed that the staff report is inadequate to start a program, Council needs more information from other cities, and they need a regulatory scheme. He indicated that, based on the ordinances, he does not believe the City can do anything except with regard to drinking issues. He stated that he has observed the issues at Lookout Point and Inspiration Point and indicated that the park needs enforcement. He reported that the park system works in tandem with the Newport -Mesa Unified School District (NMUSD) and believed that the City does not have jurisdiction for a park ranger to go to Lincoln Elementary School. He stated to Mr. Bludau that the City has talked about modifying the contract with the NMUSD and believed that now the City can start to look at the contract since the City is putting the program under a microscope. Council Member Webb believed that the program is a good concept and agrees with Council Member Heffernan to make the funds available. He added that he feels that the City has some control, noting that it has bad policies that have been used in the parks for years. He stated that the enforcement of scheduling and assigning fields is very important. He indicated that he is not sure that two employees is enough, but he is willing to let this work for a year and reevaluate the program at the end of the year. He noted that the program is revenue neutral and will pay for itself. He added that the program can continue if it works, but if it is a failure, the City can figure out how to improve it or decide to get rid of it. Council Member Adams noted that the program is no risk, staff is telling Council they do not have enough people to adequately manage the parks, and they came up with a solution that does not cost anyone but the users. He pointed out that the users are willing to pay for it. He stated that a downside might be that it takes on a life of its own and starts growing and stops paying for itself. He believed that Council should let experience speak for itself and see if it works. He stated that he is in favor of bringing this up as soon as possible at a regular Council meeting. Further, staff should be directed to clean up the ordinance so park patrol has some powers. Council Member Heffernan stated that more people are going to want to use the parks, more people will use the parks, and more people are going to break the rules, therefore, more City money will have to be spent. He noted that the City is spending more on July 4th than it ever had before. He emphasized that there is a problem and, for the safety of the residents, the City will need to allocate more resources for it. He stated that the program is a small first step. 4. MORNING CANYON DRAINAGE ISSUESISTATUS REPORT. City Manager Bludau stated that this is one of the more difficult issues that staff has been confronted with as far as private property, what the City's responsibility is, and what the answer is regarding erosion and protection of properties. Volume 56 - Page 241 INDEX Morning Canyon Drainage (74) City of Newport Beach Study Session Minutes June 24, 2003 INDEX Public Works Director Badum utilized a PowerPoint presentation and displayed an aerial view of Morning Canyon. He reported that the watershed was first used in the 1900s for grazing and agriculture and, since then, various developments have been added. He stated that the big changes in the natural drainage course occurred when Cameo Highlands was constructed, when storm drains were built to redirect the natural flow, and when the golf course constructed the basin at the head of the Canyon. Mr. Badum reported that Morning Canyon is a natural drainage course to the ocean for a 335 acre watershed. He stated that, over the years, it has been developed in accordance with the rules and regulations that were in place at the time of development. He added that there is a 22 -foot drainage easement that was dedicated to the City when the Cameo Highlands development occurred. He indicated that it was believed that the original alignment was really set aside for a future storm drain facility that would be subsurfaced, anticipating that there might be more development north of the Canyon. He stated that now there is a golf course there with a detention facility. He indicated that, with this exception, the area is basically private property. Mayor Pro Tem Ridgeway asked if the golf course is contributing to the Morning Canyon water flow either during dry months or wet months. Mr. Badum stated that the flow has increased over the years due to development mainly because of runoff. He believed that, when the golf course was built, they tried to have the detention mimic the natural flow. He noted that the one thing that has not been addressed is sediment transport. Mr. Bludau asked if water is released from the detention basin. Mr. Badum reported that the basin builds up and, if a storm has a higher intensity and the basin is peaked, water leaves at a certain rate. Mr. Badum reported that several property owners that live along the Canyon have actively and passively modified their natural drainage courses. He indicated that active modifications include grading, hardscape, and landscape planting, and explained that passive modification occurs through lack of maintenance and uncontrolled growth of non - native plants like Arundo and Giant Reed. He also noted that Cameo Highlands was developed with steeper slopes than is now allowed. He added that development has also reduced the amount of sediment in stormwater flows which causes erosion. Mr. Badum reported that the dry weather flows have steadily increased as development has occurred. He stated that a lot of over- watering and lack of water conservation is occurring which transports pollutants from the watershed into the ocean. He added that Morning Canyon is identified as an Environmental Sensitive Habitat Area (ESHA) in the City's draft Local Coastal Plan (LCP) so it is an important area that the City has to study and get more information about. He reported that the increases in urban runoff have promoted uncontrolled growth of non - native plants and the Arundo and Giant Reed choke out the native plant species which chokes out habitat. He noted that some of the property owners have modified the natural habitat by planting ornamental landscaping, terracing, and channelizing low flows. Mr. Badum reported that, in April 2002, the City Council authorized a conceptual investigation by Rivertech, Inc. to look at erosion and stability issues; in September 2002, the draft was presented to the residents that live along the Volume 56 - Page 242 City of Newport Beach Study Session Minutes June 24, 2003 INDEX Uanyon to see it there was any consensus but there was none; and in December 2002, staff updated the homeowners and recommended that they address their individual issues as they arise. Noting that this is essentially private property, all of the homeowners would need to be in agreement if there was to be a comprehensive solution. Mr. Badum reported that Rivertech came up with a solution that staff hoped would be universally accepted by the regulatory agencies. He stated that they came up with a series of gavions to constrict the flow, stabilize the slope, and minimize erosion. He indicated that this program could cost about $1 million. He stated that staff is concerned that the property owners as individuals do not have the ability to address the bigger, comprehensive problem. He indicated that the gavions will be stone structures, but have plantings on them so the growth would ultimately cover the gavions. Mr. Badum stated that the Rivertech conceptual report provided a good basis if the City wanted to pursue a long term solution, but noted that this would occur on private property and there is not a lot of financing solutions. He indicated that staff would propose that the City look at what the comprehensive solution might be, explore it further, and hire a full- service engineering firm to develop plans and specifications that would comply with all the various permitting agencies, as well as solve all the drainage, erosion, water quality, and habitat issues. He noted that the City has never done this before and it would be easy for the City to say that this is a private property matter and they should deal with it; however, the City has an opportunity to serve as the agent to provide a solution and see if there is a way to move forward. Council Member Adams stated that he was president of the homeowners association in Cameo Highlands many years ago and, because of his association with some of the residents, has been involved in this issue. He agreed that this is private property but noted that the City has a drainage easement. He asked what obligations the City has and expressed concern about the City's liability. He believed that the City needs to pursue a solution quickly. City Attorney Burnham stated that he is not sure the City really does have an easement, even though the staff report indicated that it does. He explained that there is a drainage easement on the tract map, but there is no evidence that the City accepted it. He added that the staff report also mentioned that the City engaged in some sort of periodic maintenance. Mr. Burnham agreed that there needs to be a solution to the problem and, in the event of litigation regardless if the City is liable, there will be a considerable expense incurred by the City. Council Member Adams expressed concern that, even if there is no easement, there is history that the City once maintained the channel. He added that the City has a 42 -inch storm drain pointed at the channel with no suitable end treatment. Mr. Burnham stated that it is also in the best interest of the homeowners to work with the City to find a solution. He believed that this could be done as long as there is cooperation in terms of being able to exercise some control over both sides of the Canyon above the proposed improvements. He stated that there is an ESHA in Morning Canyon, but the precise boundaries have not been determined. He indicated that determining the boundary is probably the first order of business for the City. He indicated that the City could approach the property owners with the concept of having them provide the City with a Volume 56 - Page 243 City of Newport Beach Study Session Minutes June 24, 2003 conservation easement for only that portion of property, with the condition that the City would design and then construct the improvements necessary to solve the erosion problems. Council Member Adams asked if a discussion about an assessment district has been conducted and about the possibility of sharing the cost with the property owners. Mr. Burnham believed that some discussion took place, but it would be a difficult prospect right now and would delay the actual design and completion of the solution for an extended period of time. Mayor Pro Tem Ridgeway stated that he believes that Morning Canyon is contributing to nutrient contaminations at the beach and asked if there was a movement to make Morning Canyon a TMDL area. Assistant City Manager Kiff indicated that there is no specific TMDL for Morning Canyon, though they know anecdotally that it has the same problems with bacteria and fertilizers that they have seen in other canyons like Buck Gully and Los Trancos. He added that one of the reasons there is no TMDL there is that there isn't any routine testing at the beach outfall. Mayor Pro Tem Ridgeway believed that it has to be coming from the watershed and suggested that, if an assessment district is considered, the entire 335 acres be looked at instead of just the homes. Mr. Burnham emphasized that the primary problem is controlling the erosion and preventing any landslides along the Canyon slopes. PUBLIC COMMENTS Dolores Otting asked if the park patrol people will be getting automobiles, believing that $5,000 does not seem like enough money for two people to be driving around the City for a year. City Manager Bludau reported that they will look at using existing vehicles. ADJOURNMENT - at 5:40 p.m. The agenda for the Study Session was posted on June 18, 2003, at 4:00 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Volume 56 - Page 244 INDEX