HomeMy WebLinkAbout12/06/2018_WQCT Minutes
City of Newport Beach
Water Quality/Coastal Tidelands Committee Meeting Minutes
Date: December 6, 2018
Time: 3:00 p.m.
Location: Crystal Cove Conference Room, 100 Civic Center Drive, Newport Beach, CA 92660
Meeting Minutes prepared by:
1. The meeting was called to order at 3:03 p.m. by Chair, Councilmember Brad Avery.
2. Welcome/Self Introductions
Committee Members present:
Councilmember Brad Avery, Chair
Jeff Herdman, Vice Chair
Tom Houston
Dennis Baker
Carl Cassidy
Richard McNeil
Louis Denger
Fred Galluccio (absent)
George Robertson (absent)
Guests present:
Nancy Gardner, Orange Coast River Park
Mark Ward, Help Your Harbor
Hoiyin Ip, Sierra Club
Jack Skinner, SPON
Nancy Skinner, SPON
Paul Blank, Harbor Commissioner
Staff present:
Bob Stein, Assistant City Engineer
John Kappeler, Senior Engineer
Lucie Delorme, Administrative Analyst
Karen Gallagher, Administrative Assistant
The agenda for the Water Quality/Coastal Tidelands Committee was posted at 12:10 p.m. on
November 30, 2018, in the binder located in the entrance of the Council Chambers at 100 Civic
Center Drive.
3. Public Comment on Agenda Items
None.
4. Review and approval of minutes
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Committee member Tom Houston moved to approve the minutes; Dennis Baker seconded;
motion approved unanimously.
5. Current Business
(a) Big Canyon Monitoring Results (Bob Stein) (20 min) Update on the Big Canyon monitoring
program.
Recommendation: Committee Discussion
A staff report was given by Bob Stein, Assistant City Engineer. A PowerPoint Presentation was
displayed with slides entitled Big Canyon Restoration and Water Quality Improvement
Program, Impacted Reaches of the Creek, Impacts after 11th Fairway Diversion Implemented
(2012), Sampling Results – Round 1: What does it mean, Selenium Seeps, Water Quality
Improvement Elements, Bypass Line running along slope paving, October 2018 Sampling
Results, Reference Point: 2016 and 2017, Creek Impacts with new diversion plus circulation
devices in golf course lakes, and Next Steps.
Bob Stein reported there are sources of selenium throughout the creek. In 2012, a diversion
was installed which resulted in moderate clean-up. He noted there were some seeps which
were exceeding minimum levels, which was the motivation for further mitigation work. The
Phase 1 project installed a line through culvert and inlets into the serpentine channel. Seeps
are captured at the end of the culvert and piped into the sewer. There has been a 67% decrease
in selenium, however, the Creek is still above the minimum level required. The goal is to get
above 5 parts per billion. He reported the Bay requirement is 70 parts per billion.
Bob Stein noted the next steps are to adjust the diversion at the 11th Fairway and add
circulation device at golf course Lake #3.
The item was received and filed by the Committee. There was no further action taken.
(b) Newport Bay Water Wheel Project (John Kappeler) (20 min) Update on the Ocean Protection
Council (OPC) grant and schedule.
Recommendation: Committee Discussion
A staff report was given by John Kappeler. A PowerPoint Presentation was displayed with
slides entitled Newport Bay Water Wheel Trash Removal Project, The Project, The Watershed,
Project Budget, Project Schedule, Public Education Concepts, ‘Other Trash Efforts, and
Newport Harbor Underwater Cleanup.
John Kappeler noted that all partners contribute to the TMDL programs and projects. City
staff presented a proposal to the partners to add a line-item to TMDL budget for a project, with
a $25,000 per year/per partner contribution, for maintenance of the Water Wheel. Additional
monies are being raised for public education campaigns, including approaching private
organizations such as Patagonia, to build a viewing platform for students and the public. He
mentioned various public education concepts which are being proposed and evaluated. He
requested the Committee think about the public education concepts and provide feedback
regarding their preferences. He also requested suggestions regarding any other methods by
which outside organizations and businesses can get involved.
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John Kappeler noted the Water Wheel project has been garnering attention and he has
received inquiries for further information. Staff noted the Water Wheel can handle large
storms, and staff is monitoring capacity and operational needs. Discussion ensued regarding
potential partnership programs.
A Committee member inquired whether there was interest from upstream groups. John
Kappeler noted the $25,000 contribution per agency for maintenance projects has been
discussed and the goal is to get the maintenance fund set up. The timeline for the project was
displayed and staff noted the challenge will be the approval from the Coastal Commission,
which could take up to a year. They will want a number of studies conducted. Orange County
Flood has seen the concept and they will likely want more information. The Wheel will be
constructed on-site, at a cost of approximately $850,000.
The item was received and filed by the Committee. There was no further action taken.
(c) Newport Bay Shellfish Sampling Program (Bob Stein) (20 min) Review and update on
Newport Beach’s Shellfish sampling program.
Recommendation: Committee Discussion
Bob Stein, Assistant City Engineer reported on the City’s Newport Bay Shellfish Study. Bob
Stein stated that water quality in Newport Bay is very good and continues to improve. He
noted that as the City depends on the perception that the bay is clean and is a healthy location
to swim, it spends considerable resources and staff time taking steps to continue improving
Bay water quality.
A very important water quality issue is to prevent contamination by human pathogens
associated with sewage. As testing for pathogens can be very expensive, regulations are based
on measuring of “fecal indicator bacteria” (FIB) as an indirect way of monitoring for human
pathogens as there is a pretty good correlation between human pathogens and FIB. This
indicator methodology has worked well for the past 40 years in alerting us to potential
problems. And over the past 40 years we have cleaned up most potential pathogen sources
and FIB number have dropped significantly.
FIB values are now so low that it may no longer be a good indicator of pathogens. That is, if
FIB is measured now, we don’t know if that is a sign of human pathogens or another source of
FIB, for instance bird or dog fecal matter.
This is particular issue when checking for fecal contamination of shellfish. The regulatory FIB
standard for shellfish has been arbitrarily low and the standard cannot be met. More
importantly, FIB measurements cannot tell us if shellfish have been contaminated by human
pathogens. Therefore, the City decided to embark on a study to collect shellfish around the bay
and analyze them directly for microbial pathogens.
Bob Stein stated that shellfish had been collected on three occasions. The first collection event
occurred on May 21, 2018. Approximately 15-20 shellfish were collected at each of 5 locations
around the harbor. The mussels are collected, cleaned, packed, and shipped to a certified lab
in Benicia and tested for Norovirus, Salmonella and E. Coli 0157. All results came back “non-
detect”. That is all shellfish were found clear of the tested microbial pathogens.
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The second sampling event occurred on August 13, 2018. Samples were taken at 4 locations
in Upper Bay. As this is a Marine Protected Area, a collection permit was obtained from the
California Department of Fish and Wildlife. Again, all samples were tested for Norovirus,
Salmonella and E. coli 0157 and the analysis found all samples clear of the microbial
pathogens.
On August 14, 2018, there was a sewage spill of about 15,000 gallons that entered into the
Santa Ana Channel. The City decided to perform another field study and collected samples on
August 27 at four location in Upper Bay. Two of the sampling locations were taken within the
Santa Ana-Delhi Channel. Of the four sampling locations, one of the locations in the Santa Ana-
Delhi-Channel did have detection for Salmonella. Stein noted that further testing after future
sewage spills is warranted. He also said that there should be testing after first flush storm
events to check for the presence of pathogens.
Bob Stein noted the sampling and testing is expensive. The City is currently funding the sample
collection and analysis. He said City staff would propose that OC Watershed stakeholders
participate in future testing.
The Regional Water Quality Control Board is looking to change the TMDL standard for
shellfish, and staff is concerned about the coordination of programs. Staff states it is
imperative that certified laboratories be used for the testing of pathogens to ensure accuracy
of results.
Discussion ensued among staff and Committee regarding 1) approaches to ensure certified
laboratories are utilized and 2) the need for additional collecting and testing of shellfish in the
bay. John Kappeler confirmed City staff is jump-starting efforts to ensure the shellfish TMDL’s
are met and they are sending a consistent message to ensure accurate TMDL data is collected.
The item was received and filed by the Committee. There was no further action taken.
6. On‐going business
(a) Bay and Ocean Bacteriological Test Results (John Kappeler) (10 min) Review and discussion
of recent water quality test results within Newport Bay and along the ocean shoreline.
Recommendation: Receive and File
John Kappeler provided the report on test results. He mentioned various hits including
those that occurred at Lido Yacht Club, the slew, and at Corona Del Mar beach. Overall the
Upper Bay and Ocean tests are very clean.
The item was received and filed by the Committee. There was no further action taken.
7. Committee announcements or matters which members would like placed on a future
agenda for discussion, action or report (Non‐Discussion Item) (10 min)
(a) Street Vendor Trash Program (January 2019)
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Dennis Baker stated he requested discussion of this item as new laws regarding street vendors
come into effect on January 1, 2019.
Brad Avery noted the regulations restrict the City from taking certain actions or prohibiting
street vendors and it makes it challenging to address the impacts.
Committee discussion ensued regarding the potential for regulating trash generated by street
vendors, permitting, enforcement, Styrofoam and compostable material regulation, and
requiring trash receptacles.
Hoiyin Ip mentioned she would like to present her suggestions related to compostable and
street vendors to the Watershed Executive Committee at a later meeting.
Tom Houston expressed support for developing and applying strict regulations within the law
for street vendors in order to mitigate the trash impacts on the City.
Dennis Baker requested additional information, including review of the proposed street
vendor ordinance, permits, and a City contact dedicated to receiving complaints regarding
street vendor violations, at an upcoming meeting.
(b) Newport Harbor Vessel Pumpout Program (Spring 2019)
(c) Public Outreach to Hull Cleaning Divers (Spring 2019)
(d) Public Education Sub-Committee Update (January 2019 meeting.)
(e) Vessel greywater discharge limitations (Spring 2019)
(f) Copper TMDL (January 2019) 15 min
8. Public comments on non‐agenda items (10 min)
Dennis Baker expressed concern about a pattern of lack of awareness regarding issues that
require input and involvement across Commissions and Committees and how this can be
addressed. He also mentioned the public not being made aware of certain issues, including a
recent sewer spill into the Bay.
Carl Cassidy also commented on the lack of information about certain issues which should be
considered by the Commissions, Committees, and the public. He referenced the recent California
River Watch lawsuit against the City which resulted in a settlement. From the public’s
perspective, the item only seems to have been considered when it reached Closed Session and
requested a process by which public input can be provided on these types of topics prior to final
decision-making by the City Council.
Brad Avery responded the City Council is responsible for final actions taken by the City on all
lawsuits and litigation. He commented the City Council is supportive of the Commissions and
Committees having a more involved role while concurrently providing the public with
opportunities to appeal decisions to the City Council.
Jeff Herdman noted the City Council is advised immediately regarding all lawsuits and legal
action against the City and are afforded the opportunity to discuss the matters in a Closed
Session. He is supportive of the Commissions and Committees having influence on various
matters and forwarding their recommendations to the City Council.
Carl Cassidy commented he would like to see this Committee have more involvement in the Big
Canyon issue as it does have impact on the tidelands.
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Hoiyin Ip commented on her presentation to the countywide Trash & Debris Task Force. The
proposed actions by Sierra Club and Coastkeeper, including a social media campaign and
signage, have not been received well.
Brad Avery committed to lobbying the Mayor and Mayor Pro Tem to attend the quarterly Task
Force meetings.
9. Set next meeting date (5 min)
The next meeting date was set for January 3, 2018, at 3:00 p.m. in the Crystal Cove Conference
Room, located at 100 Civic Center Drive, Newport Beach, CA 92660.
10. Adjournment
The meeting was adjourned at 4:51 p.m.
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Chair / Brad Avery