HomeMy WebLinkAboutPA2002-025_SHELLMAKER ISLAND*NEW FILE*
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GAM P. PICKART, P.E.
Consulting Civil Engineering & Project Management
3810 East Coast Hwy., Suite 4
Telephone/Pax (949) 640-1076 Corona del Mar, CA 92625
ITEM 5_
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
Robert Burnham, City Attorney
SUBJECT: Marine Studies Center (Shellmaker Island) — Memorandum of
Agreement and Receipt of Funds
RECOMMENDED (1) Authorize the City Manager to execute a Memorandum of Agreement
ACTIONS: (MOA) with the Department of Fish and Game substantially similar to the
attached Draft MOA, including a Scope of Work and Estimated Budget.
(2) Authorize the acceptance of $1,000,000 from the California Department of
Fish and Game for the purposes described in the MOA.
BACKGROUND: Your Council has previously supported the concept of developing, in
cooperation with the Department of Fish and Game (DFG), the County of
Orange, UCI and the Upper Bay Naturalists, a Marine Studies Center (MSC)
on Shellmaker Island. It did so via:
• Allocating American Trader Oil Spill funds towards the Project in 2000
• Directing staff to proceeds with the planning and design of the Marine
Studies Center (April 24, 2001)
• Requesting State funding for the Project Qune 22, 2001); and
• Authorizing the City Manager to proceed with specific contracts relating
to design, construction, and the placement of a temporary lab on
Shellmaker Island (October 9, 2001)
The MSC will include a County -operated water quality lab, facilities for DFG
personnel involved in the management of the Upper Newport Bay Ecological
Reserve, and exhibits (like tidepools) designed to help children and young
adults understand why good water quality is essential to a healthy
environment. The City Council has listed the MSC as one of the projects to
be funded with proceeds of the American Trader oil spill litigation. No
general fund revenue has been spent on the preliminary planning that has
been done to date. The preliminary site plan is on the next page.
DFG has determined that it is eligible for grant of $1 million from the
Department of Interiors Wildlife Conservation and Restoration Account for
the MSC. DFG has determined that grant funding requires DFG and a local
sponsor (City of Newport Beach) to enter into an agreement with a specified
Page 2
scope of work describing how the funds are to be used. According to DFG,
the receipt of grant funds does not.
(a) Obligate the City to use the entire grant;
(b) Commit the City to complete the scope of work or approve or build a
project; nor
(c) Create any obligation for City funding aside from use of grant funds in
accordance with the scope of work.
We have prepared a short Memorandum of Agreement and a related Scope
of Work (Exhibits A and B) that will allow DFG to receive the grant and will
enable the City to proceed with planning and design so we can determine if
the MSC is feasible, if the community supports the MSC and if the proposed
MSC is acceptable to the City Council.
Preliminary Site Plan
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ATTACHMENT: Draft Memorandum of Agreement (with Scope of Work and Estimated
Budget)
AttachmentA
Page 3 of Report
MEMORANDUM OF AGREEMENT (Draft)
Between the City of Newport Beach and the
California Department of Fish and Game
The Department of Fish and Game (DFG) and the City of Newport Beach (City)
have entered into this Memorandum of Agreement (MOA) dated
with respect to the following:
1. City, DFG and other public and private entities have discussed the
planning, design and construction of a Marine Studies Center on
Shellmaker Island, which is DFG-owned land within the corporate limits
of the City of Newport Beach (MSC Project).
2. DFG is eligible to receive a $1,000,000 (approximate) grant from the US
Department of the Interiors Wildlife Conservation and Restoration
Account (Grant). Grant is contingent on the use of grant funds to provide
planning, design and construction services for the MSC Project.
3. DFG desires to provide the City with funds from the Grant to perform
specific services.
4. This MOA is intended to specify the services to be performed by City for
the MSC Project using Grant funds.
Now, therefore, the Parties agree as follows:
1. DFG will provide City with funds from the Grant subject to the
restrictions on the use of Grant funds as specified in this MOA.
2. City shall do the following with respect to the Grant:
A. Place Grant funds in a restricted interest -bearing account (MSC Grant
Account), where all interest earned will accrue to the MSC Grant
Account.
B. Use Grant funds solely to provide the services specified in the Scope of
Work attached as Exhibit A reflecting budget estimates shown in
Exhibit B.
C. Provide DFG with an accounting of all expenditures of Grant funds
upon request and at least once every 180 days subsequent to the date
of this MOA until all grant funds are expended.
}
Attachment A
Page 4 of Report
3. City's acceptance and use of Grant funds does not constitute a
commitment by City to commence or complete the construction of the
MSC Project. In no event shall City's acceptance or use of Grant funds
require City to use or commit general fund revenue for any purpose
related to the MSC Project.
4. City's performance of services pursuant to this MOA, except planning and
feasibility studies for the MSC, shall be contingent upon and subject to
environmental review under the California Environmental Quality Act
(CEQA). This MOA does not constrain or limit DFG with respect to its
compliance with all applicable statutes including CEQA and the CEQA
Guidelines.
IN WITNESS WHEREOF, DFG and City have caused this Memorandum of
Agreement to be executed the day and year first above written.
CITY OF NEWPORT BEACH
a municipal corporation.
Homer Bludau, City Manager
APPROVED AS TO FORM:
Robert L. Burnham
City Attorney
CALIFORNIA DEPT OF FISH AND GAME
Title
APPROVED AS TO FORM:
Nancy Templeton
Department Counsel
CITY OF NEWPORT BEACH
Page 4 of 16
authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount
(38)
of $4,998 to cover the cost of unforeseen work.
11. BALBOA BOULEVARD RECONSTRUCTION AND DRAINAGE
C-3428
IMPROVEMENTS FROM MEDINA WAY TO 12TH STREET — STPL 5151
BA-029
(014), AWARD OF CONTRACT (C-3428). 1) Approve the plans and
Balboa Boulevard
specifications; 2) award the contract (C-3428) to Sully -Miller Contracting
Reconstruction and
Company for the total bid price of $1,694,474 and authorize the Mayor and the
Drainage/
City Clerk to execute the contract; 3) establish an amount of $169,000 to cover the
STPL 5151 (014)
cost of material testing and unforeseen work; 4) authorize a budget amendment
(38/40)
(BA-029) to appropriate $427,986.56 of Federal Highway AHRP Funds STPL
5151 (014) into Account No. 7285-05100582; and 5) authorize a budget
amendment (BA-029) to increase revenue estimates by $427,986.56 to Account
No. 285-4880.
12. Removed at the request of an audience member.
13. UNIVERSITY DRIVE ZONE IH 16-INCH WATER MAIN IMPROVEMENT
C-3468
PROJECT — AWARD OF CONTRACT (C-3468). 1) Approve the plans and
University Drive
specifications; 2) award the contract (C-3468) to Brongo Construction for the total
Zone III
bid price of $116,650 and authorize the Mayor and the City Clerk to execute the
Water Main
contract; and 3) establish an amount of $10,000 to cover the cost of unforeseen
Improvement
work.
(38)
14. AWARD OF NEWPORT COAST RESIDENTIAL REFUSE COLLECTION
C-3513/Newport
CONTRACT AGREEMENT (could. from 1/8/02). Continued to the February
Coast Refuse
26, 2002, Council meeting.
Collection (38)
MISCELL4NEOUSACTIONS
15. APPROVE PURCHASE OF 15 AUTOMATED EMERGENCY
Emergency
DEFHIRILLATORS AND ACCESSORIES TO REPLACE ANTIQUATED
Defibrillators
FIREFIGHTER EQUIPMENT. Approve the purchase of 15 Laerdal Medical
(41)
Heartstart FR 2 semi -automatic defibrillators for total price of $49,009.96.
16. GENERAL PLAN AMENDMENT INITIATIONS — INITIATION OF
GI2001-001
AMENDMENTS TO THE LAND USE ELEMENT FOR THE NEWPORT
Newport Village/
VILLAGE AND SHELLMAKER ISLAND SITES. Initiate the amendment to
Shellmaker Island
the General Plan, Land Use Element as recommended by the Planning
(45)
Commission by approving GI 2001-001.
17. Removed at the request of Council Member Heffernan.
S22. CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS TEMPLE.
C-3514/Church of
Approve a Professional Services Agreement with LSA Associates of Irvine,
Jesus Christ of
California, for professional environmental services to prepare an Environmental
Latter -Day Saints
Impact Report for a not to exceed cost of $57,085.
Temple EIR (38)
Motion by Mayor Pro Tem Brombere to approve the Consent Calendar, except
for those items removed (3, 4, 6, 12 and 17), and noting the continuance of Item
No. 14.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Glover, Proctor
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
http://www.city.newport-beach.ca.us/CouncilAgendas/Mn02-12.htm
05/17/2002
�dE'w�Rr CITY OF NEWPOPT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644-3200; FAX (949) 644-3250
SUBJECT: General Plan Amendment Initiations
Hearing Date:
Agenda Item:
Staff Person:
February 12, 2002
Patricia L. Temple
(949) 644-3228
SUMMARY: Initiation of amendments to the Land Use Element for the Newport Village
and Shellmaker Island sites.
ACTION: Initiate the amendment to the General Plan, Land Use Element as
recommended by the Planning Commission by approving GI 2001-001.
On February 7, 2002, the Planning Commission will consider the subject amendment. Staff will
distribute a supplemental report of their action on February 8, 2002.
The City Council has recently amended policy K-1 to permit the initiation of a general plan
amendment at any time. Additionally, an individual initiation expires within 180 days. The
revised council policy related to initiation procedures is attached as Exhibit No. 1.
Newport Village: This 12 acre site, located northerly of the Central Library, is scheduled to be
dedicated to the City as parkland as a result of the Circulation Improvement and Open Space
Agreement (CIOSA). However, the original Land Use Plan (map) designation of Administrative,
Professional and Financial Commercial was never changed to reflect this, and the text of the
Land Use Element has not been updated to reflect the dedication. This amendment will make
these updates, and provide language in the Element to reflect the planned use of the site.
Shellmaker Island Marine Studies Center: Shellmaker Island is in Upper Newport Bay,
northerly of the Newport Dunes. Currently, there are three buildings which provide a classroom,
offices for the personnel staffing the Department of Fish and Game operated ecological reserve,
and the UCI rowing base. The Land Use Element currently has a development allocation of
13,919 sq. ft., which reflects this existing development.
The City and the County of Orange have been working with the State of California to rebuild and
expand the buildings to provide a local water quality testing laboratory, office spaces, and
development allocation for the site needs to be increased. While a precise amount is not yet
available, it is estimated that 25,000 total square feet is necessary for the project. This would be
in addition to the 7,000 sq. ft. rowing facility. The total development allocation proposed of
32,000 sq. ft. requires an additional development allocation 18,000 sq. ft.
Planning Department Workload
The Department continues to experience a high workload, and is operating beyond capacity in
some areas. Because of the high on -going workload, the Department continues to retain contract
project managers for larger development when they come forward. In the coming months, we
anticipate that the workload will ease and application processing times will improve. Also, the
Department does not currently have any vacancies in the professional positions. This minor
General Pfan Amendmenf will be handled by in-house staff within the regular caseload.
Prepared and submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
1. Excerpt of City Council Policy K-1
2. Conceptual Site Plan for Shellmaker Island Marine Studies Center
General Plan Amendment Initiations
February 12, 2002
Page 2.
Exhibit No. I
GENERAL PLAN AMENDMENT PROCEDURES (City Council Policy K-1)
A. Amendment to the General Plan shall be initiated by the City Council after
recommendation from the Planning Commission.
B. In initiating action to amend the General Plan, the City Council shall direct the Planning
Commission to set public hearings for such amendments, as it deems appropriate.
C. Prior to making its recommendation on the initiation of proposed General Plan
amendments, the Planning Commission may do such research, as it deems necessary to
establish whether the proposed amendment warrants consideration.
D. A citizen and/or property owner may request an amendment to the General Plan. Such
request shall be submitted in writing to the Planning Commission. The request should
clearly set forth the reason for which the request is made, and should contain information
substantiating the need. When an amendment is requested for a specific parcel or parcels
in the City, the request must be made by the property owner or his or her authorized
representative or by the Planning Commission or City Council. A project specific
amendment request shall include a quantification of the requested density and/or
intensity, land use, and a conceptual site plan.
The Planning Commission and City Council may also propose amendments to the
General Plan.
If the Planning Commission, after examination, is convinced that the proposed change is
worthy of initiation, it may recommend initiation of amendments as set forth above. If
not, the Commission shall forward the request to the City set forth above. If not, the
Commission shall forward the request to the City Council with its recommendation that
initiation of the amendment is unwarranted. The City Council, after consideration of the
request and of the report from the Planning Commission, may either initiate the proposed
amendment and direct the Planning Commission to set for public hearing, return the
request to the originator without further action, or defer action on the proposed
amendment to future hearing sessions based on Planning Department work loads and
project priorities.
E. Amendments to each General Plan element may be initiated at any time. A number shall
be assigned in sequence to each amendment or group of amendments at the time it is
initiated by the City Council.
Exhibit No.1
F. If a citizen and/or property owner amendment request is initiated, all applications related
to the request must be filed within 180 days of the initiation. If applications are not filed
within this time -frame, the initiation shall expire.
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STUDIES
Shellmaker Island, Newport Beach, Ca
State of California
CENTER
Department of Fish and Game
In Cooperation with:
California Coastal Commission
California Wildlife Foundation
City of Newport Beach
Newport Bay Naturalists and Friends
Orange County Board of Supervisors
Orange County Harbors Beaches and Parks- PRFO
Orange County Health Care Agency
Irvine
Unwersdy of California,
�r�W"Oa CITY OF NEWPORT BEACH Hearing Date: February 7, 2002
PLANNING DEPARTMENT Agenda Item: 2
a
�i 3300NEWPORTBOULEVARD Staff Person: Patricia L. Temple
N EWPORT BEACH, CA 92658 (949)644-3228
(949) 644-3200; FAX (949) 644-3250 Council Review: Automatic
REPORT TO TNTi PT AMUNf COMMISSION pp
SUBJECT: General Plan Amendment Initiations
E COP
SUMMARY: Initiation of amendments to the Land Use Element for the Newport Village
and Shellmaker Island sites.
ACTION: Recommend that the City Council approve
• General Plan Initiation No. 2002-002, and
• General Plan Initiation No. 2002-003
The City Council has recently amended policy K-1 to permit the initiation of a general plan
amendment at any time. Additionally, an individual initiation expires within 180 days. The
revised council policy related to initiation procedures is attached as Exhibit No. 1.
Newport Village: This 12 acre site, located northerly of the Central Library, is scheduled to be
dedicated to the City as parkland as a result of the Circulation Improvement and Open Space
Agreement (CIOSA). However, the original Land Use Plan (map) designation of Administrative,
Professional and Financial Commercial was never changed to reflect this, and the text of the
Land Use Element has not been updated to reflect the dedication. This amendment will make
these updates, and provide language in the Element to reflect the planned use of the site.
Shellmaker Island Marine Studies Center: Shellmaker Island is in Upper Newport Bay,
northerly of the Newport Dunes. Currently, there are three buildings which provide a classroom,
offices for the personnel staffing the Department of Fish and Game operated ecological reserve, -
and the UCI rowing base. The Land Use Element currently has a development allocation of
13,919 sq. ft., which reflects this existing development.
The City and the County of Orange have been working with the State of California to rebuild and
expand the buildings to provide a local water quality testing laboratory, office spaces, and
exhibits and areas for educational programs. In order to accommodate this project, the
development allocation for the site needs to be increased. While a precise amount is not yet
available, it is estimated that 25,000 total square feet is necessary for the project. This would be
in addition to the 7,000 sq. ft. rowing facility. The total development allocation proposed of
32,000 sq. ft. requires an additional development allocation 18,000 sq. ft.
Planning Department Workload
The Department continues to experience a high workload, and is operating beyond capacity in
some areas. Because of the high on -going workload, the Department continues to retain contract
project managers for larger development when they come forward. In the coming months, we
anticipate that the workload will ease and application processing times will improve. Also, the
Department does not currently have any vacancies in the professional positions. This minor
General Plan Amendment will be handled by in-house staff within the regular caseload.
Prepared and submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
1. Excerpt of City Council Policy K-I
2. Conceptual Site Plan for Shellmaker Island Marine Studies Center
General Plan Amendment Initiations
February 7, 2002
Page 2.
Y
Exhibit No.1
GENERAL PLAN AMENDMENT PROCEDURES (City Council Policy K-1)
A. Amendment to the General Plan shall be initiated by the City Council after
recommendation from the Planning Commission.
B. In initiating action to amend the General Plan, the City Council shall direct the
Planning Commission to set public hearings for such amendments, as it deems
appropriate.
C. Prior to making its recommendation on the initiation of proposed General Plan
amendments, the Planning Commission may do such research, as it deems
necessary to establish whether the proposed amendment warrants consideration.
D. A citizen and/or property owner may request an amendment to the General
Plan. Such request shall be submitted in writing to the Planning Commission.
The request should clearly set forth the reason for which the request is made, and
should contain information substantiating the need. When an amendment is
requested for a specific parcel or parcels in the City, the request must be made by
the property owner or his or her authorized representative or by the Planning
Commission or City Council. A project specific amendment request shall include
a quantification of the requested density and/or intensity, land use, and a
conceptual site plan.
The Planning Commission and City Council may also propose amendments to
the General Plan.
If the Planning Commission, after examination, is convinced that the proposed
change is worthy of initiation, it may recommend initiation of amendments as set
forth above. If not, the Commission shall forward the request to the City set forth
above. If not, the Commission shall forward the request to the City Council with
its recommendation that initiation of the amendment is unwarranted. The City
Council, after consideration of the request and of the report from the Planning
Commission, may either initiate the proposed amendment and direct the
Planning Commission to set for public hearing, return the request to the
originator without further action, or defer action on the proposed amendment to
future hearing sessions based on Planning Department work loads and project
priorities.
Exhibit No. I
E. Amendments to each General Plan element may be initiated at any time. A
number shall be assigned in sequence to each amendment or group of
amendments at the time it is initiated by the City Council.
F. If a citizen and/or property owner amendment request is initiated, all
applications related to the request must be filed within 180 days of the initiation.
If applications are not filed within this time -frame, the initiation shall expire.
4
CENTER
Master Site Plan MARINE ®Sro u MiNE"nu "N9F°CORONA DEL WR
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STUDIES Shellmaker Island, Newport Beach, Ca
State of California
Department of Fish and Game
In Cooperation with:
California Coastal Commission
California Wildlife Foundation
City of Newport Beach
Newport Say Naturalists and Friends
Orange County Board of Supervisors
Orange County Harbors Beaches and Parks- PRFD
Orange County Health Care Agency
University of California, Irvine
0
Agenda Item No. 13
CITY OF NEWPORT BEACH
Office of the City Manager
TO Mayor and Members of the City Council
FROM: Dave Kiff, Assistant City Manager
Bob Burnham, City Attorney - tj
RE Marine Studies Center at Shellmaker Island
DATE : October 9, 2001
The Newport Beach City Council has been a leader in the effort to improve
water quality in Upper Newport Bay and Newport Harbor. As part of that
effort, the City Council has approved, in concept, the construction of a
Marine Studies Center (MSC) on Shellmaker Island. The Marine Studies
Center would include a County -operated water quality lab, facilities for DFG
personnel involved in the management of the Upper Newport Bay Ecological
Reserve, and exhibits (like tidepools) designed to help children and young
adults understand why good water quality is essential to a health
environment.
The Marine Studies Center is one of the projects submitted -to the public
agencies overseeing use of the American Trader oil spill funds and those
agencies have approved use of those funds to pay for planning, design and
construction of the facility.
The proposed Marine Studies Center is a cooperative project involving
Newport Beach (City), Department of Fish and Game (DFG), the California
Coastal Commission, the County of Orange (County), Orange Coast College
CCG
(OCC), the Newport Bay Naturalists and Friends (Naturalists), and the
OC
University of California at Irvine (UCI). The participants believe that the
project should proceed in. phases - with the initial phase to include
installation of a temporary structure to house the water quality lab along
with community input and completion of additional planning, design and
feasibility studies. The second phase - construction of the Marine Studies
Center and the new UCI crew base - would proceed after permits and
funding commitments have been secured.
The County's water quality lab is a critical component of the MSC. The lab
will house ALL of the County's water quality testing programs - these are
F
programs that are located in Santa Ana today even though at least 35 of the
testing sites are in Newport Bay. The installation of a temporary facility on
Shellmaker Island will allow the Dr. Doug Moore, the Public health lab
director, to fully utilize the new microbiology positions established by the
Board of Supervisors as part of their effort to, improve water quality. The
County has committed funds to staff and equip the water quality lab but are
looking to the City to use the American Trader account to funds the lease
and installation of the temporary structure. The estimated cost of
providing the temporary structure is estimated to be $96,000 and staff is
recommending that the American Trader account be used for that purpose.
RECOMMENDATIONS
We recommend the City Council authorize the following:
Payment, from the American Trader oil spill account, of the costs of
leasing and installing a temporary facility (a triple -wide mobile unit)
to house the County Health Care Agency's water quality lab;
The City Manager to execute an interim cooperative agreement, short
term lease or right of entry with DFG authorizing installation of the
temporary facility to house the water quality lab;
• The City Manager to develop, and submit for City Council approval, a
cooperative agreement with other participants that establishes the
process for the planning, design, construction and operation of the
Marine Studies Center; and
• The City Manager to execute contracts with Ron Yeo (Architect) for
planning and design services, Rick Ware (Biologist) for habitat
restoration, and a geotechnical firm for a soil analysis of the site. The
total contract price of each agreement shall not exceed $30,000 and
all contracts shall be paid from the American Trader oil spill account.
Dave
Assistant City Manager
k-�
Robert Burnham
City Attorney
ITEM SS4
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Newport Bay and Water Quality -Almost All You Need to Know in just
One Hour
RECOMMENDED None -- verbal report only.
ACTION:
BACKGROUND: Newport Bay is Newport Beach's most treasured environmental asset. From the
ecological reserve and parkland in the Upper Bay to the boating, residential, and
visitor -serving uses mi the Lower Bay, Newport Bay is home to six endangered
species, the nations largest small craft harbor, tour and charter boat operations,
more than sixty different commercial ventures, rowing clubs, yacht races,
millions of visitors annually, and more.
With all of these uses, how is the Bay holding up? What kinds of things are going
on regarding water quality and the Bay that the City Council and Newport Beach
residents should know about?
This Study Session item attempts to summarize a variety of issues, projects, and
programs relating to water quality and Newport Bay. Readers will learn:
— Newport Beach's FOUR Goals for Water Quality and the Bay
— Newport Bay's FOUR TMDLs (What IS a TMDL, anyway? And why do we
need to know about them?)
— TWENTY-ONE Projects to Know About
— SEVEN Going -Forward Major Challenges for Newport Beach
ATTACHMENTS: Attachment A - Outline of Study Session Discussion
Attachment B — Marine Studies Center schematic
AttachmentC- List of Water Quality Studies
Newport Bay and Water Quality
Almost All You .Need to Know
in just One Hour
Newport Beach City Council
Study Session
Tuesday, April 24, 2001
Newport Beach, California
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Newport Bay and Water Quality
Almost All You Need to Know
in just One Dour
I - The Big Picture -- What are Newport's Four
Goals?
O Clean Water. Clean the water & keep it clean (from trash, oils, toxics, soaps,
bacteria, viruses). In some cases, reduce flows to natural (pre -development)
levels to protect sensitive ocean habitat (the Buck Gully Project).
® Sediment Management. Manage the sediment (put sand on beaches and on the
shoreline, remove sediment from UNB, from beneath docks and from all
navigational channels)
® Habitat Protection. Preserve and promote good habitat like:
- Eelgrass
- Kelp
- Upper Newport Bay marine life and waterfowl
- Offshore marine life refuges (Newport's Area of Special Biological Significance)
O Diversity of Uses. Preserve and protect marine heritage/uses in Lower Newport
Bay (Harbor Commission/Element)
II - What's a TMDL? Why Should Everyone in
Newport Beach Care about Four of Them?
A TMDL ("total maximum daily load") is a daily limit on a specific water quality
impairment that can enter an impaired water body. When a Regional Board
establishes a TMDL, it then requires the City (and other watershed cities), under
penalty of law, to spend time and resources developing a plan and implementing
projects to keep impairments below the daily limit. California's waterways will
ultimately need about 800 TMDLs.
Nine TMDLs have been adopted in California today — three are in Newport Bay.
Impaired Water Bodies in US EPA Region 9
California's water bodies alone have more than 1,400
impairments, subject to the development of about 800 TMDLs
over the next 13 years.
Newport Bay has three and will have one more.
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TMDLs for Newport Bay
• Sediment. Adopted on October 9,1998, the Sediment TMDL requires local
partners (stakeholders in the watershed) to survey the Bay regularly and to
reduce annual sediment coming into the Bay from 250,000 cubic yards to 125,000
cubic yards (a 50% reduction) by 2008. The TMDLs goal is to reduce dredging
frequency in the Bay to once every 20 to 30 years.
WHAT DOES THE SEDIMENT TMDL MEAN FOR THE CITY?
— Less sediment means more water habitat
— City support for $31 million Upper Bay Dredging Project (US Army Carps)
— City must help pay for monitoring +sediment basin maintenance upstream (about $51,000/year)
— City works to keep upstream cities involved in the sediment management process (Watershed Executive
Committee)
• Nitrogen and Phosphorous. Approved by US EPA on April 16,1999, the
Nutrient TMDL limits nitrogen and phosphorus inputs to the Bay. The Nutrient
TMDL attempts to reduce the annual loading of nitrogen by 50% -- from 1,400
pounds per day today to approximately 850 to 802 pounds per day at San Diego
Creek - by 2012. Phosphorus loading must fall from 86,912 pounds per year in
2002 to 62,080 pounds by 2007.
WHAT DOES THE NUTRIENT TMDL MEAN FOR THE CITY?
— Less nutrients means less algae.
— City must help pay for monitoring +sediment basin maintenance upstream since less sediment can mean
less nutrients (about 310,000/year)
— City works to keep upstream cities Involved In the watershed management process (Watershed Executiva
Committee)
• Fecal Coliform. Approved in late 1999, the Fecal Coliform TMDL attempts to
reduce the amount of fecal coliform inputs to the Bay enough to make the Bay
meet water contact recreation (REC1) standards (swimming, wading, surfing) by
2014 and shellfish harvesting (SHEL) standards (where waters support shellfish
acceptable for human consumption) by 2020.
WHAT DOES THE FECAL COLIFORM TMDL MEAN FOR THE CITY?
— Less fecal colifonn in the water means fewer beach postings.
— Clty has more than 200 stone drain outlets that drain Into the Bay. Over 2,20D catch basins take urban
runoff Into these 200 storm drains. Can we keep each one dean (below state standards for fecal
colifomt)?
— If any TMDL has the capacity to break the Clty's bank, Its this one.
0
Pi
9
TMDLs for Newport Bay (cont'd)
More on the Fecal Coliform TMDL
Does this look like a chronic bacteria
problem area to you? The waters around
Newport Island routinely are "posted" as
exceeding state standards for bacteria. West
Newport Antimicrobial Resistance Analysis
(ARA) program in Summer 2001 should help us
determine the causes of the high bacteria.
Closure versus Posting
KEEP OUT WARNINGt
IAVIS X
SEWACECONANNATEO
WATER �_ eev.wruumaum W20G''l;91q'
What's the difference between a
"posting" and a "closure?" The sign
(closure) on the left means there's been
a sewage spill that may have reached the
water. Swimmers or surfers are
prohibited from entering the water. The
sign on the right (posting) means that
waters have exceeded state bacteria
standards (for an often unknown reason).
Swimmers are advised not to enter the
water, but are not prohibited from doing
SO.
• Toxics. Planned for development in 2002, the Toxics TMDL will address Bay
inputs like heavy metals (chromium, copper, lead, cadmium, zinc) and priority
organics like (endosulfan, DDT, Chlordane, PCBs, Toxaphene, diazinon,
chlorpyriphos, more). It will lead to the reduction or elimination of pesticide use
by residents, businesses, and municipal services in watershed. Some controls
will be placed on heavy metals. The Toxics TMDL will also address existing
toxic deposits in sediments in Rhine Channel and other areas in the Lower Bay.
WHAT DOES THE TOXICS TMDL MEAN FOR THE CITY?
— We're not really sure yell
— Potential costs to ramediate existing toxicity (Rhine Channel) are significant —experts Will disagree as to
whether it's best to leave the toxic sediment there (entomb It) or pick it up and dispose of it in a hazardous
materials dumpsite.
III - Twenty -One (21!) Projects You Need to Know
Something About
-- EDUCATION --
El -- Partnership for Clean Water - HQAC's NMUSD 5th Grade Education Program.
This all -donation program is in its first year. More than 1,500 5th Grade students
from all Newport -Mesa elementary schools work on a Surfrider -sponsored
curriculum about water quality, then take a visit to the Newport Harbor Nautical
Museum where they learn about the Harbor and its history and visit with an
underwater diver. Then they return to school with a water test kit and test a local
tributary for water quality impairments. Finally, they take a web -based test about
what they've learned. Sponsored by Pacific Life, Surfrider, OC CoastKeeper,
NMUSD, Fletcher -Jones Motorcars, the Balboa Bay Club, and Robinsons-May.
E2 — Marine Studies Center at SheIlmaker Island. A proposal to combine the
County's water quality lab with the offices and educational lab of the Department
of Fish and Game with the UCI Crew facility to create an educational center for K-
14 students to learn about the water and water quality. May replace tidepool
visits for some groups. See Attachment B for a graphic of the MSC. Officially
released to the media and public on Earth Day, April 21, 2001.
E3 — Peter and Mary Muth Interpretive Center at Upper Newport Bay. The "jewel"
of the County park system, the Muth Interpretive Center at the corner of
University and Irvine Avenue opened in October 2000. It has classrooms, a
library, offices for County parks staff, and a theater for audio-visual shows about
the Upper Newport Bay wildlife and resident species.
-. WATER QUALITY TESTING --
T1-- Pathogen Testing & More. As a part of the City s duties under the Fecal
Coliform TMDL, the City applied for and received a $175,000 grant to answers to
the following questions via the following tests in and around Newport Bay (see
Attachment C for a summary of these studies):
— Is human waste entering the Bay? (Human Enteric Virus and Coliphage Study,
July - October 2000, Southern California Coastal Water Research Project
[SCCWRP], the County of Orange Health Care Agency, Regents of the
University of California). This Study tested nine and later six tributaries and
storm drains to the Bay for the presence of enteric viruses, coliphage, and AB
-- WATER QUALITY TESTING (cont'd)--
411 indicator bacteria. The Study determined an absence of human enteric
virus at all but one location - the Santa Ana/Delhi Channel.
- To what extent is the Harbor's "no -discharge" requirement being adhered to
by boaters? (Vessel Waste Discharge Study, planned for Summer 2001, Orange
County Health Care Agency, UC Regents). This Study will attempt to examine
the extent to which boaters illegally discharge their holding tanks into the Bay.
- To what extent do swimmers contribute pathogens to the Bay? (Swimmer
Contribution Study, planned for Summer 2001, Orange County Health Care
Agency, Regional Board, UC Regents). This Study will attempt to measure
what contribution, if any, swimmers make to the fecal coliform levels in local
Bay swimming areas.
- What is the likely source of high bacteria in the water around Newport
Island? (West Newport Antimicrobial Resistance Analysis [ARAI, Spring -Summer
2001, Orange County Health Care Agency, UC Regents). This Study will
attempt to "source" the bacteria in and around Newport Island that causes the
Island's beaches to be routinely "posted" as exceeding state standards for
bacteria.
- How long does a human pathogen stay viable (make a person sick) if it enters
the Bay at San Diego Creek and then travels oceanward towards popular Bay
swimming areas? (Health Risk Assessment, ongoing, State Water Resources
Control Board, IRWD, BOA, Watershed Executive Committee members, City).
Refined a valuable "model" that shows transport in the Bay; attempts to
measure the path and life of a human pathogen as it enters the bay from major
tributaries; and attempts to measure the relative health risk of a swimmer from
various inputs to the Bay (including storm drains in Newport, vessel waste
discharge, and more).
T2 -- Resolution of General Dredging Permit Issues. When the California Coastal
Commission placed four areas of the Bay "off limits" for dredging under the
Regional General Permit, the City developed a plan to re -test these four areas to
determine their safety from toxicity. These areas include the South sides of Lido
Isle and Balboa Island, the area around Linda Isle, and a portion of the Upper Bay
just inland of the PCH/Dover Bridge.
-- WATER QUALITY TESTING (cont'd)--
T3 - Routine Water Quality Testing, The County of Orange's Health Care Agency
(OCHCA) tests Newport Bay and the shoreline in more than 35 locations within
City limits to determine if the Bay and ocean beaches exceed State bacteria
standards set in AB 411 (Wayne,1997) for fecal coliform, total coliform, and
enterococcus. The Orange County Sanitation District (OCSD) also tests portions
of the county's shoreline, mostly in the Huntington Beach area. Much of this
testing has occurred for more than 35 years.
-- WATER QUALITY PROTECTION STRUCTURES --
S1- Dunes Diversion. This $60,000 project (in place today) diverts dry weather
urban runoff from the Hyatt Newporter area (including the Newport Beach
Country Club) into the Orange County Sanitation District's sanitary sewer. This
is the City's first diversion project, funded in large part from an OCSD
supplemental environmental project ("SEP" - a penalty) and from County grant
funds. Other locations for diversions include sites along PCH near Tustin and
Riverside.
S2 - Catch Basin Filters. The project developer near the Cannery Restaurant installed
the cty's first ever storm drain filters that retain trash, sediment, and some oils
before they enter the storm drain system. Other cities (Dana Point, for example)
have fully retrofitted all storm drain catch basins with filtering devices. These
devices may work well for trash and oils, but less well for bacteria.
-- HABITAT PROTECTION/RESTORATION --
H1-- Upper Newport Bay Ecological Restoration Feasibility Study. This is the "Big
Dredge" now set for the latter part of 2003. Will be about three times as large as
the last dredging project, with funds coming from Proposition 12 (2000) and from
the federal government. This $31 million project, now in "plans and specs" phase,
is cost -shared 65%-35% between the federal government and state/local partners.
H2 — Newport Bay/San Diego Creek Watershed Feasibility Study. This Study looks
at ways to reduce sediment and nutrient deposits in the Upper Bay by keeping
the sediment at its source. Also identifies locations in the San Diego Creek
watershed to preserve and restore habitat.
-- HABITAT PROTECTION/RESTORATION (cont'd) --
H3 — Kelp Reforestation. Orange County CoastKeeper has a program in place
whereby they grow kelp in tanks (sometimes in school classrooms) and then plant
the kelp off of Corona del Mar and Crystal Cove.
H4 -- Caluerpa Mapping. Caluerpa toxifolia (aka "killer algae") has been found in
Huntington Harbor and in San Diego County. Once established, this aquarium
plant dominates the underwater environment, limiting biodiversity. OC
CoastKeeper has worked with the Regional Board (and soon the City) to do
mapping of the Lower Bay to Iook for caluerpa so that it can be eradicated as soon
as it's found.
H5 — Eelgrass Restoration. The Corps, the City and the County will soon plant
eelgrass in non -navigable waters in the Bay to increase the gross area of eelgrass
in the Lower Bay. Eelgrass is not endangered, but is indicative of a healthy and
diverse bio-environment.
H6 — Sediment/Nutrient TMDL compliance (sediment basins, SJ Marsh, monitoring).
City helps fund ongoing monitoring and maintenance of upstream environments
to meet our watershed's obligations under the Nutrient and Sediment TMDLs.
H7 - IRWD's Water Quality Wetlands Proposal. Newport Beach readers of the Daily
Pilot were surprised to read about AB 810 (Campbell) and an apparent plan by
the Irvine Ranch Water District (IRWD) to "control" more of San Diego Creek's
flows (the major tributary to the Bay). IRWD has since described a plan to install
and maintain a series of water quality wetlands in the District's service area to.
reduce fecal coliform counts, sediment, and nutrients in the Creek prior to the
water entering the Bay.
-- LOWER BAY --
L1— Harbor Element - a proposal to adopt guidelines within the City's General Plan
that would describe the City's goals relating to on -harbor uses, habitat protection,
and more. Had its first public meeting on April 11, 2001- more than 75 interested
residents attended.
L2 — Pumpout Upgrades (new site Q Fernando Street). The City's Harbor Resources
Division has solicited and received grant funding from the State Department of
Boating and Waterways to update and replace a portion of the Bay's 18 pump -a -
heads. Fully functioning pumpouts should reduce illegal vessel waste discharges
into the Lower Bay and reduce spills from pumpout stations.
L3 - Sand Replenishment. Ocean Beaches -- New development, channelization of
river beds, groins, and sea walls have limited the supply of sand for Orange
County's beaches. Newport Beach participates in a long-term sand replenishment
project (called Surfside-Sunset) that delivers sand to Sunset Beach, thereby
providing a source of sand to Newport Beach's ocean beaches (except for Corona
Del Mar and Little Corona). This is a cost -shared project with the federal and
state government (65% feds, 35% state/local). Bay Beaches - The City
participates in small beach replenishment projects in the Lower Bay ($60,000
annually) to protect sea walls and recreational uses. The City received $40,000 in
grant funding this year (AB 64, Ducheny, 2000) for additional studies relating to
in -Bay sand replenishment.
-- REGULATION --
R1- NPDES Compliance. The National Pollutant Discharge Elimination System
(NPDES) requires the State Water Resources Control Board and its nine Regional
Boards to direct local agencies' compliance with the federal Clean Water Act.
Compliance is achieved via a 5-year permit ("NPDES Permit") that directs the
County of Orange and all 34 cities (as "co-permittees") to adopt a uniform water
quality ordinance, to enforce the ordinance itself, to adopt and use "best
management practices" that reduce urban runoff (street sweeping with citations,
for instance), to educate the population -as to water quality, and to further
minimize any water quality impacts.
The new 5-year permit (the old one expired in March 2001) is due out at any time.
It is anticipated to be much -more detailed than the previous permit. The City
pays about $50,000 to the County to administer the NPDES program, an amount
expected to increase in FY 2001-02.
R2 - CMOM - Capacity, Management, Operations, and Maintenance Plan for
sanitary sewer operators. Recently -adopted US EPA rules regarding the
operation of sanitary sewers. You'll be hearing more about this. Requires sewer
operators to:
- Properly manage, operate, and maintain at all times the collection system,
- Provide adequate capacity to convey all flows,
- Take all feasible steps to stop, and mitigate the impacts of, sewage spills;
Notify all parties in the event of a spill;
- Summarize the CMOM program, audit it, and make it available to the public.
R3 — Grease Reduction Program (GRIP). Grease being a major cause of sewer line
blockages in the city, the Harbor Quality Committee has a proposal for
consideration at its May 2001 meeting that would encourage Newport's 400
restaurants to install grease interceptors. If restaurants could not install the
interceptors, the GRIP program envisions a cost -of -service fee to pay for increased
maintenance and cleaning along the feeder lines from these restaurants.
IV - Going Forward -- What are Our Seven Major
Challenges?
O Get the Big Dredging Job done (2003-04) and totally, completely secure the $$
necessary to complete it.
® Reduce/eliminate urban runoff - diversions, filters, source elimination to:
- Meet the Fecal Coliform TMDL.
- Protect ocean and Newport's Area of Special Biological Significance (ASBS)
® Educate the residential and business community and upstream cities
O Improve City's municipal NPDES activities (new 5-year permit)
® Stop long-term postings
® End sewage spills to avoid closures — CMOM
O Ensure a mix of uses in LNB (Harbor Element, Harbor Commission)
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Results
Helps the City meet
What we want to find out... Study Name Location Time Period Cost Partners
To what extent are boaters violating the Summer $20,000 — Regional Board. City.
1
Harbors "no discharge" limitation? Vessel Waste Study We'ra not telling 2001 grantfunded OC Health Care
Fall 2001
...fecal coliform TMDL
Agency, UC Regents
To what extent do swimmers contribute to the
Summer
$40,000 —
Regional Board, City,
2
Say's fecal collform levels?
Swimmer Contribution Study
We're not telling
2001
grant funded
CC Health Care
Fall 2001
...fecal coilform TMDL
Agency, UC Regents
What's causing the high bacteria counts In
umm
Summer
NIA— Part o
OC Health Care
3
West Newport?
West Newport ARA Study
around Newport Island
2001
Huntington
Agency, City, UC
Fall 2001
...fecal cofkforn TMDL
1
Study
Regents
Does a human pathogen that enters the Bay
IRWD, State Water
at San Diego Creek still stay viable (make a
San Diego Creek,
Resources Control
,,,fecal ooliform TMDL (a
4
person sick) by the time it reaches popular
Health Risk Assessment
Upper Newport Bay
ongoing now
$200,000
Board, City, Watershed
?
debatable point)
Bay swimming areas?
Executive Committee
Members
Did human enteric viruses enter the Bay
Five storm drains and
SCCWRP, Regional
5
through storm drains and tributaries in July-
Human Enteric Virus & Coljphage
Santa Ana/Delhi and
July -Oct
$70.000 —
Board, City, OC Health
done
fecal coliform TMDL
October2000?
Study
San Diego Creek (2
2000
grant funded
Care Agency, UC
...
ea)
Regents
OC CoastKeeper.
Can we reduce bacteria counts in Buck Gully
April -
Surfrider, Regional
6
via education• treatment, and runoff
Buck Gully Project
Buck Gully/CDM
September
$350,000
Board, City, County,
Summer
...standards by which
reduction?
2001
IRWD, Irvine
2001
ASBSs are protected.
Company, anonymous
donor.
Are four areas of the Bay that are deemed
Blo-Assay, Bio-Accumulation
Linda Isle. S side
-
...obligations under the
7
"off limits" for dredging today contaminated
Studies for General Dredging
Balboa Island, Inland
Fall - Spring
$120.000
city
May-01
Coastal Commission's
with toxic sediments?
Permit
of PCHBridge,
2001
General Dredging Permit
S sidede Lido Isle
Lid
Newport Bay & Water Quality
Newport Beach City Council
Tuesday, April 24, 2001
Newport's 4 Goals
Clean the
Water
Manage the
Sediment
Protect the
Habitat
Protect a
diversity of
uses
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What does
clean water mean?
State law says the water
is clean when weekly
bacterial tests are below
state standards for:
- Enterococcus
- Fecal Coliform
- Total Coliform
These tests ONL Y look for
indicator hactef-ia -- they
don't look for viruses,
toxics, etc.
Where are our
c h ^ rN : Aft .%.% Cqz *; *% r. a r►o a c'7
What's a TMDL?
TMDL (tee-emm-dee-ell). n. Bureaucratese, circa 1972-ish. Possible
definitions include...
A. An acronym for "Total Maximum Daily Load" (or "Too Many Darn Lawyers");
B. A daily limit on the amount of a contaminant that can enter an
impaired water body;
C. A written, quantitative assessment of water quality problems and
contributing pollutants.
D. A daily limit + the plan for achieving the limit.
E. The only way to make public agencies get serious about cleaning
up dirty waters;
F. A pricey, detailed, involved burden on local agencies that sends us down a
path that diverts staff time and resources away from important capital projects
without promising any success after you've spent all that dough; or
G. All of the above, depending upon your perspective.
_ I
► 1 i I 1_�
TMDLs Status WhaYs the TMDL? Attainment Date
_
r
--
_1
_
I
Now port SayI
-- Nutrients I ! h Race Lint nitrogen and phosporcus loading by 50%, ; 2003
1 I Nor ore than 1% change In sensitive Bay habitat, I
_t-
-- Sediment ! I in Race rna'ntam sedirrent basins ® 50% of capacity in FaA_
2008
no mwre than 125,000 tons per year, dredging goal —
i
dredge every 20-30 years
I
Fecal Coliform 1 ( In Place MrGl standards by 2014, SHEL by 2019 1 2014 and 2019
Toxics
Linder consideration by Not sure -- w IA affect seleniunL chlorpyrifos, i ???
I
Board diazinon, and more
E Fork, San Gabriel River
+-- d by Board,
Trash I I ek ( Zero trash I 2010
—�—
aw
i
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LA River
I Linder consideration by
--Trash
I I Zero trash 2011
I
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Sand
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Surfside/Sunset OCSD's Outfall
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County wants
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Ell".
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STUDIES
CENTER
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To what extent are boaters violating the
1
Harbors 'no discharge" Grtftafionz
Vessel Waste Study
We're not telling
Summer
zoos
grand (are oHon
""OC Health Car
funded Agenc , ants
ency,t
$40,0O0-aM
To what extend do sw Ini mars contribute to
Summer
2 the Bay's fecal corformlovels?
Sw li mer Contribution Study
We're not telling
2001
grant
funded
w"of New Money!
fs igh baclariacourdsN
3 Wst
West Newport ARA Study
arou Port
Newport?
Island
2001r
Huntington
study
$4005000
Does a human pathogen that enters the
4 Bay at San Diego Creek still stay viable
Hearth Fisk Assessment
San Diego Creek,
ongoing
$200 000
orm
(make a person sick) by the tirr o i
Upper New port Bay
now
point)
reaches popular Bay sw Inuring areas?
Did human enteric viruses enter the Bay
Fivestonmdrains
$70000—
S nai
5 throughstormdrmdnsandtrilwlarfaslnJuly
Human NericVirus B
and SantaAnalDelhi
July -Oct
grand
Board, ,OC
done
... fecal cofiformTMOL
- October 2000?
Coiphage Study
and San Diego Creek
2000
funded
Heafth (are Agency,
(2 ea)
Uc Regents
OC OoastKeeper,
Can we reduce bacteria counts In Buck
April -
Surfrider, Regional
6 Gully via education, treatment, and runoff
Buck Gully F r*M
Muck GuWCDM
September
$350,000
Ord' City' Cow'
Summer
...standards by which
reduction?
2001
FIWD, Irvine
2001
ASBSs are protected.
Company.
anonymous donor.
Unda We, S side
Are four areas of the Bay that are
Bic -Assay. So-Accurnulation
Balboa Island, hand
FaM -firing
...obligations under the
7 deerad'off Hits• for dredging today
Studies for General Dredging
of PCHIDover
2001
$120p00
City
May-01
Coastal Ommiss'mon's
contaminated w Ith toxic sediments?
Pemd
Bridge, S side L
Lido
General Dredging Pbmril
7 Major Challenges
Get the Big Dredging job done (secure $$)
Reduce or eliminate urban runoff -- how and how soon?
Educate NB residents, businesses, and upstream cities
(Marine Studies Center, NBPD's Enviro
Improve our NPDES activities (new 5-y
Stop long-term postings (better scien
Protect the mix of uses in the Harbor (
End sewage spills (CMOM)