DA Clears NBPD in Jail Suicide

The Orange County District Attorney’s office announced this week that the Newport Beach Police Department had no criminal culpability in the death of an inmate at the Newport Beach city jail last summer.

William Robert Wedgeworth died of asphyxiation after hanging himself in the Newport Beach jail on July 31, 2010. He had been arrested for suspicion of domestic battery.

“The officers did not have any reason to believe Wedgeworth posed a danger to himself. … There was no evidence of foul play on the part of any person who came into contact with Wedgeworth prior to his death,” wrote Senior Deputy District Attorney Sonia Balleste of the homicide unit in the investigation report. “It is my legal opinion that the evidence does not support a finding of criminal culpability on the part of any NBPD officer nor any individual under the supervision of NBPD.”

The investigation also found that neither the NBPD nor the jail breached the legal duty of care for Wedgeworth, either intentionally or through criminal negligence.

The investigation revealed that Wedgeworth called his family from the jail just before 9 p.m. He told his wife “This is the last moments on the world and you are not going to give me love,“ she responded that she did love him and that he needed help.

He also instructed her to have his son sue the city, according to the report.

He asked to say his “last goodbyes” to his children before telling his wife “You knew it was going to happen and you let it happen” before hanging up, the report said.

Calls from the jail are recorded, but not monitored. Mrs. Wedgeworth did not inform the police about the conversation.

According to the report, “Mrs. Wedgeworth believed Wedgeworth was distraught over his arrest, but based on similar comments Wedgeworth had made on previous incidents, she did not believe he would commit suicide.”

She also told investigators that she did not believe he would be able to harm himself while in police custody.

Wedgeworth was found in his cell about an hour after his phone call to his family.

Wedgeworth was arrested after his wife called police at approximately 3:34 p.m. on July 31 and reported a domestic disturbance. A neighbor had reported hearing yelling and objects being thrown earlier that day and the night before.

Wedgeworth’s wife told police that he had charged her, grabbed her hair and thrown her to the floor. He then swore and spit at her, according to the report.

She told police she did not want him locked up but requested that they “take him somewhere.” According to one of the arresting officers, she was not sure what to do with Wedgeworth at first and then decided she wanted him to be arrested.

According to the report, she also told officers he had a history of mental illness and was not taking his medication.

An officer on scene, Sgt. Spencer Arnold, said Wedgeworth told officers he only wanted to take his kids to Legoland. The police sergeant did not believe Wedgeworth was a danger to himself because he appeared to be planning future events with his children. Arnold said he was never informed of Wedgeworth’s previous attempts at suicide or that he was mentally unstable.

During intake, Wedgeworth told custodial officer Daran Kanbara that he had no developmental, psychological or substance abuse problems and that he had never tried to harm himself or take his own life.

The background investigation found that Wedgeworth failed to remain consistently employed and had problems in public situations and interacting with others. His problems seemed to have arisen after his father died four years ago and Wedgeworth became depressed, according to the report.

His depression evolved into rage and destructive and verbally abusive behavior, the DA said. Wedgeworth apparently refused to seek treatment despite numerous pleas from his family and friends.

Police had responded to Wedgeworth’s home on numerous prior occasions for domestic disputes. During his arrest on July 31, Wedgeworth began to cry after being handcuffed.

Mrs. Wedgeworth stated that she wanted him to return home after his release from jail.

He was the only inmate in jail when he entered the facility. Wedgeworth called his family at 8:59 p.m.

During the regular check at 10 p.m., Wedgeworth was found hanging from the cell bars with a white sheet around his neck. Officers called for medical attention, cut him down and attempted to find a pulse.

The Newport Beach Fire Department was alerted of the emergency and paramedics arrived at the jail by 10:08 p.m. After several tests, paramedics found he was not revivable and pronounced him dead at 10:09 p.m.

The toxicology report found THC, methamphetamine and amphetamine in his system.

Charges Filed In Cyclist’s Death

By Sara Hall | NB Indy

A Newport Coast woman has charged with manslaghter in the death of a bicyclist she allegedly struck while driving drunk and texting on Feb 21.

The Orange County District Attorney’s office filed charges against Danae Marie Miller, 22, last week. She is charged with one felony count of vehicular manslaughter with gross negligence while intoxicated.

The DA released a statement announcing the charges against Miller, who prosecutors say drifted into the bike lane while driving drunk and texting.

Miller is accused of consuming alcohol at her workplace, Zinc Café, at about 6 p.m. and then driving her 2008 Volkswagen Jetta eastbound on San Joaquin Hills Road. She hit and killed Amine Britel, 41, of Newport Beach while he was riding his bicycle in the eastbound marked bike lane, the DA said. Britel died at the scene.

Newport Beach police officers who arrived on scene reported that Miller displaying signs of intoxication including bloodshot and watery eyes, slurred speech, flushed face and that she smelled of alcohol.

At about 7:45 p.m. her blood alcohol level was .10.

If convicted, Miller faces a maximum sentence of 10 years in state prison. She currently is free on bail and is scheduled to be arraigned April 4 at the Harbor Justice Center in Newport Beach. Deputy District Attorney Jason Baez of the Homicide Unit is prosecuting the case.

Miller has had 16 traffic citations since 2005, according to Orange County Superior Court records.

Some of her citations include driving the wrong way down a one-way street, speeding, unsafe speed for the conditions, failing to stop at a stop sign, talking on a cell phone while driving (two separate times), following too closely, unsafe lane change, and throwing a lighted substance on the highway.

There were also several cases of driving without current registration or a registration card in the vehicle. These were dismissed for showing proof of correction.

According to Wafin, the website for Moroccan connections in America, Britel was an avid athlete, a Harvard alum and an entrepreneur.

Britel participated in the 2004 Olympic Games in the triathlon, and had competed in many other triathlons. 

Schools Budget Faces Uncertainty

By Sara Hall | NB Indy

While the Newport-Mesa school district is projecting a positive end to the 2011-12 fiscal year, it is looking at possible significant cuts in the 2012-13 year,

Paul Reed, deputy superintendent and chief business official, presented the second period budget report to the Newport-Mesa trustees during their March 8 meeting.

According to the report, the district is expecting a positive unrestricted fund balance and a positive year-end cash position for the general fund for the 2011-12 school year.

That may not be the story for the next year, though. According to the report, there are a few scenarios that could cause major cutbacks. It all depends on the fate of Gov. Jerry Brown’s proposed budget and whether or not tax extensions will be approved by voters.

The district could be facing a revenue cut of as much as $15 million, according to the Reed’s report.

In that scenario - the governor’s budget passes without the tax extensions, and with the Legislative Conference Committee’s proposed “fair share” reduction - Reed estimates a $570 loss per student.

Reed said he would “anticipate massive cuts to education” in that event.

The district already has pared $24.8 million out of the budget over the last three years, according to the report, due to “funding shortfalls at the state level and a decrease in local revenues.”

The “worst case” scenario, Reed stated in his report to the board, will leave the district budget in the black but with stripped reserves and a “huge problem” in a widening structural deficit.

The report noted that, even in the worst-case scenario, the district could still balance its books for the current year and two years out, but it’s a warning flag for the “worst-case future.”

The best possible outcome, according to the report, would be for the budget to pass with the tax extensions and without the “fair share“ reduction. This would result in a manageable $19 per student loss.

The district budget would remain fairly stable and the reserves smoothed out within three years, Reed said. The lingering affects of the recession could create a problem in the 2012-13 year, but the budget would stay fairly balanced.

The scenario in the middle - the budget is approved but not the tax extensions - would result in a $349 loss per student. Revenue then would go flat and there would be a greater need to draw on reserves. Reserves would be able to hold for two years, but there would still be a structural problem that would have to be addressed.

The district will continue to follow and assess funding and legislative activities at the state level.  Board members encourage the local community to review the governor’s budget and the tax extension proposal.

“Over the last several years, K-12 education funding has taken a disproportionate amount of budget cuts,” wrote district spokeswoman Laura Boss in a summary report. “State and local funding for schools has been cut by more than $18 billion. … To begin to reverse this downward spiral, Californians must retain the revenues that enable us to invest in our schools and students.”

CdM Theater Complex Costs Rise

The Newport-Mesa school board Tusday approved spending another $400,000 for the design of a new 350-seat multipurpose theater complex at Corona del Mar High School, as the overall cost estimate for the project has risen by $3 million.

Trustees approved four amendments to its contract with the architectural firm LPA Inc. for the engineering and construction design of the complex. The cost of new work is not to exceed $400,750, raising the total design contract limit to $1,250,750.

The four amendments will enable the project to move from design and planning to construction.

LPA was originally retained in April, under an agreement that would pay the firm up to 6.5 percent of the construction cost estimate of $11 million, plus $135,000 in fixed fees for acoustic work and for a relocatable buildings package – for a total contract limit of $850,000.

The amendments include: Deleting the relocatable buildings package from the scope of work, for a saving of $75,000: adding $107,000 added to prepare engineering documents for phase one and two summer utilities including five relocatable classrooms for interim housing; adding $159,500 for a new weight room building; and adding $195,000 to the contract limit as the estimated project cost has gone from $11 million to $14 million since the original agreement was signed.

The school board also approved the adoption of a bid for the lease of Department of State Architecture-approved relocatable buildings and an agreement with William Scotsman, Inc., to lease mobile or modular space units at price quotes sufficient to meet NMUSD needs.

The district is bidding on the buildings to provide student housing during the construction of the CdM theater complex, which could be up to 36 months.

The district will be “piggybacking” a Los Alamitos Unified School District bid. This saves the district the time and money it would take to go through the public bidding process itself. The purchasing and facilities departments evaluated the prices and specifications in the Los Alamitos bid and found it to be in the best interest of Newport-Mesa.

The district is bidding to lease up to six 24-by-40-foot buildings for $225 per month, per building, with an additional one-time expenditure of up to $4,900 per building for delivery, installation, dismantling and return. The district is also hoping to lease one 36-by-40 foot building for $648 per month with a one-time expenditure of $7,350 for the handling. 

Man Held in Carjacking From Dealer

A Tustin man was arrested for allegedly carjacking a vehicle from Fletcher Jones Mercedes dealership on Saturday.

Brian David Thacker, 30, arrived at the car dealership at Jamboree Road and Highway 73 around 7 p.m., said Newport Beach Police Department Sgt. Steve Burdette.

“He posed as a buyer and asked for a test drive,” Burdette said.

He took a 2010 Mercedes for a test drive, Burdette said, but refused to return.

According to Burdette, Thacker simulated that he had a gun and held against his will a Fletcher Jones salesperson who went along for the ride, then took all of the victim’s belongings and dropped him off at the side of the road.

Thacker was arrested the next day at 8:45 a.m. in the 300 block of Continental Way in Tustin and was held in lieu of $100,000 bail.

The vehicle was in his possession at the time of his arrest and was returned by police to the dealer, Burdette said.

Fun ferry stories remembered at ceremony

By Sara Hall | NB Indy

Love blossomed on the Balboa Island Ferry 65 years ago.

Don Russell met his wife, Martha, on the ferry during Easter week in 1945 and though most boys his age danced with a different girl every night during the festive week, he just couldn’t let her go.

“The thing was, at Easter week you’d date a different girl every night,” Russell said, “and then I ran into Martha Bettersworth and its been 65 years… I blew the whole deal! … I was blown away (by Martha).”

They went to the Rendezvous Ballroom to dance and he was surprised she didn’t run off to another man because he kept stepping on her toes.

“I was kicking her in the ankles,” he said. “She’s a wonderful dancer.”

Russell’s story was just one of many swapped during the re-dedication ceremony of the Balboa Island Ferry historical marker on Thursday.

About two dozen people turned out for the ceremony, many with their own stories to tell, one woman even brought $2 to pay back a fare she owed.

The event also honored the Beek family, who have owned and operated the ferry since 1919. The event was hosted by the Newport Beach Historical Society, with president Gordy Grundy giving an opening speech.

“When we speak of Southern California, we think of the Hollywood Sign, Disneyland, Miss Newport Beach and the Balboa Island Ferry,” Grundy said.

The current Miss Newport Beach, Juli Hueni, was on hand as well. Hueni spoke with John Fitzgerald about the ferry and what has changed and what’s stayed constant over the past 50 years in Newport Beach.

Fitzgerald, who moved to Newport Beach in 1959 from Arcadia, said it was a cheap and fun date to take a girl around the island and then across on the ferry to dance or see a movie. The ferry cost just 10 cents back then, today it’s $1 to cross (without a bike or vehicle). Hueni said the same activities still make a great cheap date.

Fitzgerald also used to stuff his friends in the back of his car, a 1947 Ford two-door convertible with a large trunk and short windows. He could get about four guys in the trunk, he said, and then he’d take the ferry across and head to the drive-in movie theater.

“I’d say, ‘No, I couldn’t get any friends, just me,’ …and I’d say, ‘Be quiet you guys!’ …Then all my friends would help me with gas money,” Fitzgerald said.

Another ferry-related event sponsored by the historical society will be held later this month, Grundy announced, “Ferry Tales, the Commerce and Culture of the Iconic Balboa Island Ferry” will be held on March 24 at the Balboa Pavilion. The event will feature dinner and a lecture presentation. Visit www.newportbeachhistorical.com for more information about the event. Visit www.balboaislandferry.com for more information about the ferry.

The ferry is an important part of Newport Beach’s history, Grundy said.

“This transportation system, servicing a mere 800 feet, is an indelible function of the great city of Newport Beach,“ Grundy said. “Most importantly, the ferry is a vibrant and visible link to our rough and tumble past."

See more photos of the event here.

Don Russell shows some old photos, ads and posters from Newport Beach to the crowd at the Balboa Island Ferry historical marker re-dedication ceremony on Thursday morning. —Photo by Sara Hall



One injured in apartment fire

By Sara Hall | NB Indy

An apartment fire on Mesa Drive on Wednesday left one person with minor injuries and caused an estimated $5,000 worth of damage. 

Firefighters responded to the call just before 2 p.m. at the Palm Mesa Apartments in Newport Beach.

Firefighters saw smoke coming out of a second story apartment. They entered the building and found the fire in the wall of the apartment and quickly extinguished it. Firefighters stopped the fire before any extensive damage was done to the apartment and prevented it from reaching the neighboring apartments or the attic.

The fire was contained to the single wall, said Newport Beach Fire Department public information officer Jennifer Schulz. 

None of the apartment complex residents were evacuated, Schulz said.

Paramedics assisted with one victim with minor injuries, who was treated on scene and released. The type of injuries sustained could not be released, Schulz said. 

The victim had been inside the apartment and probably self-evacuated, Schulz said.

The fire was caused by a plumbing contractor who was soldering pipes in the bathroom, Schulz said. The heat from the pipes caused the surrounding insulation to catch on fire. The blaze then traveled throughout the wall of the apartment.

The plumber failed to extinguish the fire himself and called 911.

City Eyes Moving Police Station

By Roger Bloom | Editor

The imminent closing of the current City Hall site in West Newport has sparked a city review of its facilities that could lead to major changes.

With the new Civic Center due to be completed in 2012, the city is faced with the question of what to do with the current City Hall on Newport Boulevard and 32^nd Street.

“This takes us to a more robust discussion about facilities,” said City Manager David Kiff at a City Council study session.

Library branches, the lifeguard headquarters, community centers, city yards and the police station are all being reevaluated, Kiff said.

One concept presented to the City Council last month envisions: putting a community center at the City Hall site and perhaps moving some library services there; housing the lifeguard operations in two towers – one on each pier; moving the PD to the current General Services Yard near Hoag Hospital; moving all yard operations to the Utilities Yard and downsizing the city fleet.

These moves could enable the city to sell or lease the current police station site in Newport Center, close the West Newport Community Center and sell that site, dispose of the current lifeguard HQ and sell part of the current General Service Yard, Kiff said, adding that the city could realize some $24.5 million from the moves.

“There are some very interesting possibilities” in the concept, said Councilman Keith Curry this week, citing in particular “taking the PD off the most expensive property in Orange County.”

Still, Kiff and Curry both cautioned, the proposals are only conceptual at this point and the report to the council was only to inform them of the staff’s thinking and get feedback.

“There are a lot of moving pieces,” Curry said. “It’s not done.”

Indeed, Kiff acknowledged at the meeting that the city staff had not yet checked to the deed to the police station to see if uses and/or a sale were restricted when the land was given to the city.

During comments at the meeting, Councilmember Ed Selich suggested any mid-sized facility at the current City Hall site will need adequate parking. 

Councilmember Rush Hill said he thought the plans are good, but would like to see excess city property leased rather than sold.

Reagan OK’d for Park Site

By Roger Bloom | Editor

Moving to end a surprisingly contentious dispute over whether and where to erect a statue of President Reagan in the city, the council voted 5-2 Tuesday night to OK the work but put it in Castaways Park rather than at the new Civic Center now under construction.

The creation and installation of the statue will be privately funded through donations, said Councilman Keith Curry, who last month proposed the statue to mark Reagan’s centennial this year. Curry’s original proposal last year to name a city park after Reagan failed to garner support.

The proposal rain into a buzzsaw of critical public comment at the city Arts Commission meeting this month, but the commission did end up OK’ing the plan.

At Tuesday’s council meeting, Curry defended his proposal, citing a long list of public works across the country named for Reagan, including the airport at Washington, DC, and a Navy aircraft carrier.

He also noted he had recently visited New York City, and said, “I landed at Kennedy Airport, got on the Jackie Robinson Expressway, went by LaGuardia Airport, over Roosevelt Island and FDR Drive to a hotel near Madison and Vanderbilt. I paid a hotel tax to support the Javitz Convention Center, had lunch at Rockefeller Center … None of that offended me.”

Much of the criticism at the Arts Commission centered on whether the statue would be appropriate at the new Civic Center, which also will include a large public art project curated by the Orange County Museum of Art.

Tuesday, Curry said he and the donors who have pledged $50,000 for the statue project were willing to place it at Castaways Park overlooking the Bay rather than at the new Civic Center, “in consideration of those views.”

“I hope the opponents … will take that as a sign of compromise and goodwill,” Curry said.

At least some did not, as the public comments that followed Curry’s motion and Councilman Rush Hill’s second were sharply divided on the question.

The council itself was divided, as well.

Councilmember Nancy Gardner said she had heard reasonable points on both sides, but “I’m concerned we mis-stepped here, and I’d like to see us step back.”

“Private donors can do anything they want on private property,” said Gardner. But, she added, citing the controversy around the statue, “I really have a problem putting something like this on public property.”

Councilmember Steve Rosansky offered a substitute motion to start over and move the project through the city’s normal process for art in public places, which would entail review by the Arts Commission, the Parks, Beaches and Recreation Commission and city staff.  That motion died for lack of a second.

In the end, Mayor Michael Henn called the Castaways plan “imperfect … but reasonable under the circumstances.”

“We are where we are, and I do think we should conclude the process here tonight,” Henn said, calling the question, which passed 5-2 with Gardner and Rosansky dissenting.

The plan adopted by the council calls soliciting proposals from several artists with a final determination to be made by City Manager David Kiff with advice from the Arts Commission and the Parks, Beaches and Recreation Commission. The latter commission also will decide where in Castaways Park to place the statue.

Cyclist Killed; Driver Arrested

By Sara Hall | NB Indy

A Newport Coast woman was arrested Monday evening for gross vehicle manslaughter while intoxicated after her car allegedly struck and killed a bicyclist.

The collision occurred just before 6 p.m. on Monday. Danae Marie Miller, 22, was driving on San Joaquin Hills Road between Spyglass Hill Road and Newport Ridge Drive West when her white Volkswagen Jetta struck the eastbound bicyclist.

The Newport Beach police and fire departments both responded to the scene. Paramedics unsuccessfully attempted to resuscitate the bicyclist, whose name is not being released until next of kin is notified.

Miller posted her $100,000 bail at 5:20 a.m. Tuesday morning, according to the Orange County Sheriff’s Department records.

Miller has had 16 traffic citations since 2005, according to Orange County Superior Court records.

Some of her citations include driving the wrong way down a one-way street, speeding, unsafe speed for the conditions, failing to stop at a stop sign, talking on a cell phone while driving (two separate times), following too closely, unsafe lane change, and throwing a lighted substance on the highway.

There were also several cases of driving without current registration or a registration card in the vehicle; all of those were dismissed after showing proof of correction.

Police are continuing to investigate. Anyone with information regarding the collision is asked to contact investigator Todd Bush at 949-644-3746.

Gas Leak Forces Evacuation on Balboa Island

Approximately 15 people were evacuated from their homes on Balboa Island on Tuesday because of a natural gas leak.

Firefighters responded to a gas leak in the 800 block of South Bayfront at 3:15 p.m. Tuesday afternoon. Residents were evacuated from nearby homes on Bayfront and on Sapphire Avenue that were downwind from the gas leak.

The leak occurred after a private construction crew that was cutting concrete hit a natural gas line.

Firefighters immediately evacuated the area and called the Gas Company to close the line.

The Gas Company began repairs at 6 p.m. and the incident was resolved by 8:30 p.m. Firefighters stayed on scene to ensure the safety of residents and the gas crew workers.

Newport Beach Police Department also responded to the incident.

School Board Settles With Injured Student

By Sara Hall | NB Indy

The school board Tuesday approved a payment of $75,000 to settle a claim brought by the parents of a student injured in a high school basketball tournament.

The claimant sustained a severe laceration on his right hand from a collision with a protruding electrical outlet in the small gym at Corona del Mar High School, according to the school board’s agenda.

The funds will come out of the district property and liability budget ($25,000) and the Southern Orange County Property and Liability Joint Powers Authority ($50,000).

Parties on both sides have tentatively agreed to the settlement.

The school board also approved an agreement with an architectural firm for $97,750 for the design of the remodel of a district autism clinic.

The amount for the architect fees is not to exceed $97,750 and will come from the Special Education American Recovery and Reinvestment Act funds, according to the district agenda. The estimated total cost to remodel the Autism Clinic, including architects fees, is $800,000.

The remodel will consist of two classroom wings and one administrative wing. There are several items to be repaired or replaced at the site, according to the agenda.

A staff study determined that the current heating and air units as well as the areas for the diagnosis and assessment of autistic children and their parents are inadequate.

The old heat-only units will be replaced with new heat and air units, additional power and data will be added for support staff, tripping hazards between buildings will be removed and it will be brought up to date with the most current American Disabilities Act standards. 

Five Crowns to Shut for Remodeling

By Roger Bloom | Editor

The venerable Five Crowns restaurant is undergoing major changes, with a new chef and planned remodel that will close the restaurant for four weeks, beginning in March.

General Manager Steve Kim announced at the CdM Chamber of Commerce meeting Tuesday that Chef Dennis Brask is retiring and will be replaced by Chef Ryan O’Melveny Wilson.

Wilson is a fourth-generation member of the Frank family, the restaurant’s owners and operators, and will take a “fresh approach to its tradition of excellent food and service,” said a press release from the restaurant.

Meanwhile, Kim said, plans are moving forward for a refurbishment of the restaurant’s interior, that he said will maintain its English country ambience while bringing it “into the 21^st century.”

Some work will begin this month, he said, but it will get under way in earnest March 20, when the restaurant will close. The target re-opening date is April 18, Kim said.

The popular SideDoor gastropub, which shares the same building with a separate entrance on Poppy Street, will remain open during the remodel, Kim said.

Gut or Gutter? That’s the Germ Question

Dr. Jack Skinner scrapes up some of the biofilm that has accumulated in a gutter near his Newport Beach home.

IndyTV: Gutter Buddies study bacteria, a video story.

By Sara Hall | NB Indy

A recent study by the Newport Beach “Gutter Buddies” has found naturally occurring bacteria in the street gutters and storm drains that could be the reason high levels of bacteria are occasionally found in runoff water flowing into Newport Bay.

If the findings of the study are validated by more research from others, the “health threat to recreational swimmers resulting from nonpoint sources may be overestimated,” according to an article written by Dr. Jack Skinner, county Water Quality Laboratory Supervisor Joseph Guzman, and city water quality enforcement manager John Kappeler.

The group involved in the project refer to themselves as the “Gutter Buddies,” said Skinner. They discussed their findings with the Southern California Coastal Water Research Project on Wednesday.

The city has “progressively improved water quality” in recent years, said Dr. Jack Skinner, one of the Gutter Buddies, but “there are still high levels of bacteria.”

The Gutter Buddies’ research compiled evidence for the growth of enterococci and fecal coliform bacteria in the gutter runoff flowing from residential areas of Newport Beach.

Germs grown in gutter conditions are not associated with harmful viruses that are commonly found with the germs that reach the ocean via sewage leaks. The current assumption is that enterococci and coliform bacteria found in the local surf originates from sewage and indicates the presence of the harmful viruses.

The tests on the bacteria started when Skinner saw some gelatin-like muck in the gutters near his Newport Beach home.

“It looked like it was forming in my neighborhood and I was able to scrape samples of this gelatinous material and take it to health lab,” Skinner said.

The study has revealed that the bacteria in the gutters and storm drains grow in a biofilm, a gelatinous material that harbors the bacteria and creates an ideal growing situation, Skinner said.

The biofilm provides an environment that promotes bacterial replication, supplies nutrients and water for the bacteria, and offers protection against hazards such as ultraviolet light, drying and disinfectants, according to the article.

“It’s a very interesting study,” said Randy Seton, Coastal/Bay Water Quality Citizens Advisory Committee member. The Gutter Buddies “made some pretty amazing discoveries about what’s alive in the gutters,” he added.

All the bacteria needs to grow is some water, which can come from a sprinkler or hose overshooting a lawn and flowing onto the street, plus nitrate and carbon nutrients, easily obtained from leaves or grass clippings, Skinner said. 

“We found it grows naturally in the gutter when it has water and nutrients,” Skinner said.

The goal of the study was to try to determine where the bacteria found in the beach water tests was coming from.

Several high bacteria counts are reported by the health department annually, Skinner said, some resulting in beach closures. But the naturally occurring bacteria from the gutters can create false positive results, he said.

The ocean water may not be a health hazard at all if the type of bacteria present is the naturally occurring enterococci, which grows in the gutters, Skinner said. If there were a test to determine the difference between the bacteria from fecal matter and the bacteria that naturally grows in the gutters it could rule out sewage contamination, he said.

Some forms of the bacteria can be totally harmless, Seton said, while another form of can cause gastrointestinal illnesses. The most common illness from this kind of bacteria, Skinner said, is the Norovirus, or the “cruise ship virus.”

Whether or not the bacteria can be harmful to humans depends on where the bacteria originated, Skinner said.

Health officials agree that the presence of enterococci and fecal coliform bacteria originating from human fecal sources indicate a health risk to swimmers because of the presumed presence of human enteric viruses. It is the enteric viruses, including Enterovirus, Adenovirus, and Norovirus, that are believed to be the primary cause of swimmer-related gastrointestinal illnesses. These enteric viruses multiply in the human gut but not in the environmental biofilms such as those found in street gutters or storm drains.

There also needs to be a faster way to find out if there is a health risk at a beach, Seton said.

The time to test, get results, and then get them posted needs to be faster, he said, so any hazards can be identified immediately.

A system is in development, he said, but it needs to be faster and be able to determine whether the bacteria is a safe, naturally occurring form or derived from feces. It needs to be further determined, Skinner said, whether it is from human or animal feces.

A discussion at the SCCWRP meeting resulted in the decision to assess the various tests that differentiate between the naturally occurring bacteria from the gutters and storm drains and the bacteria that originates from fecal matter and determine which test works the best, Skinner said. The results should be available by May or June, he added. 

These possible new water testing standards may also change whether or not water is treated before being released into the ocean, Skinner said, which can be very costly.

“The cost of building these treatment plants or diverting the water flow (to them) … It’s extremely expensive,” Skinner said.

And if tests are not able to prove that the bacteria is from the gutters and not from feces, there might be more pressure for the city to send all of the water through a treatment plant, Skinner said.

Depending on future tests to confirm the findings and continued discussions, the standards may or may not change.

Newport Beach has very strict standards in water quality to protect recreational swimmers, Skinner said.

“During the last 25 years, the city has really been working diligently to reduce the (harmful bacteria levels) in Newport Bay,” said Skinner, who has been involved with water quality issues since the 1980s.

There have been extensive efforts by the city to make sure that the sewer lines are secure, Skinner said. They now have fiber-optic scopes to check the pipes for cracks or leaks, he said. The fiber-optic scoping program can check sewer and storm drain cross-connects and identify any breaks in the integrity of the city’s sewer system.

The bacteria from the gutters can reach Newport Bay a few different ways.

It can be washed down with the “first flush,” Seton said, when the first rain of the season loosens all of the sediments, pollutants and the biofilm full of bacteria and washes it down into the bay.

The bacteria can also reach the bay by the dry runoff process, Seton said, even when it’s not raining.

But there are preventive measures to decrease the amount of bacteria that reaches the bay.

During the initial research Skinner said he and his Gutter Buddies found that the street sweeper reduced the number of bacteria in the gutters significantly. Specifically, the sweeper with the vacuum, he added.

Possible solutions to reduce the bacterial biofilms in street gutters and storm drains include “frequent street sweeping, cleaning out the catch basins of biofilm material, using storm drain filters to remove debris, reducing water usage for landscape irrigation, filling in pooling locations in residential street gutters where replication can occur, and focusing on proper placement of sprinklers to prevent water from being sprayed directly into street,” according to the article.

Seton said he has two water quality related objectives for Newport Beach:

Have healthy contact with water for humans; and have a healthy, sustainable fishery. Clean, healthy water can be good for commerce too, he added.

“Clean water has so many benefits,” Seton said.

The findings from the study provide evidence that the regrowth of both enterococci and fecal coliform bacteria are occurring in biofilm in residential street gutters and storm drains in Newport Beach.

“It is suspected that these biofilm bacteria may be responsible for some of the high levels of enterococci and fecal coliform bacteria reaching Newport Bay from residential neighborhood runoff,” according to the article by Skinner, Guzman and Kappeler.

The study will hopefully continue this summer, Skinner said, with some validating tests. If the follow-up study confirms the initial findings, the Gutter Buddies hope that the Environmental Protection Agency will factor this type of bacteria into the decision making process before closing beaches, Skinner said.

“The question is: Can public health be protected at the beaches?” Skinner said.

Council Targets Outdated Regulations

By Roger Bloom | Editor

The City Council this year will be trying to extend the John Wayne Airport agreement and to plan a revitalization of West Newport and the old Civic Center site, but they also will be taking a look at pool table permits.

And apiaries.

And radio interference.

And, as if dogs on the city’s beaches didn’t stir up enough trouble in 2010, this year councilmembers will be revisiting the city’s ordinance banning beachgoing horses.

These and other outdated, unnecessary or downright silly city ordinances and regulations could be headed for the dustbin of history as the City Council has asked administrators to review the Municipal Code and department regulations with an eye toward relevance and common sense.

“We weren’t really thinking of the silly ordinances,” said Councilman Ed Selich, after chuckling over some of the laws caught in a preliminary dragnet conducted by the city staff after Saturday’s goal-setting City Council retreat, where the review was proposed and approved.

“We were thinking of more serious examples,” Selich said. “The silly ones are extreme examples of what happens when you don’t go back and look at what’s on the books.”

Selich said what the Council is getting at are laws and regulations that are holding back businesses, citizens or the city itself with outdated and now-unnecessary restrictions and red tape.

If the initial response is any indication, the Council and staff should have some easy pickings. City Manager David Kiff quickly turned around a memo identifying 10 initial candidates for repeal or modification.

The pool-table permits and the bans on apiaries (beehives), interfering with radio broadcasts, and shoreline equitation were on that list, along with Selich’s favorite: requiring a permit to hold a “going out of business” sale.

The Saturday goal-setting session did include plenty of serious work, too, as the councilmember and staff went over past council goals and objectives, updated and reorganized the list and assigned priorities and responsibilities.

The No. 1 priority, the Council agreed, is to pursue an extension of the John Wayne Airport settlement agreement, which caps the number of big-jet flights and annual passengers in and out of the airport, puts a nighttime curfew on flights, and regulates noise from flights.

The agreement, which settled a lawsuit brought by the city and other entities, is set to expire in a couple of years in the absence of all parties agreeing on an extension.

The No. 2 goal will be developing and beginning to implement plans to revitalize the West Newport section of town, and especially working to plan the future use of the current Civic Center site following the city government’s move to the new Civic Center now being built near to Newport Center.

The city is looking at developing a plan that covers not only the old City Hall, but also the adjacent shopping center and the Lido Village area.