HomeMy WebLinkAbout10 - Little Corona Offshore StudyCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. to
February 27, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
949 - 644 -3322 or rstein @city.newport - beach.ca.us
SUBJECT: LITTLE CORONA OFFSHORE STUDY — AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH WESTON
SOLUTIONS
RECOMMENDATIONS:
1. Approve Amendment No. 2 to the Professional Services Agreement with Weston
Solutions (Weston) of Carlsbad, California to install current velocity detectors and
collect sediment samples to support verification of computer modeling of contaminant
loads from Newport Harbor to the Areas of Special Biological Significances along
Newport Coast at a not to exceed price of $39,942 and authorize the Mayor and City
Clerk to execute the Agreement.
2. Approve a budget amendment transferring $30,000 from Account 7231- C2370902
Tide and Submerged Lands (originally appropriated for an eelgrass study) to Account
7231- C5100889 Tide and Submerged Lands.
DISCUSSION:
In response to the State Water Resources Control Board's (SWRCB) warning in 2004
that it would become more aggressive in enforcing the California Ocean Plan's
prohibition of pollutant discharges into sensitive marine life areas, the so- called 'Areas
of Special Biological Significance' (ASBS), the City has initiated a program to:
1. Control direct discharges from Shore Cliffs and Cameo Shores to the ocean via
storm drains, v- ditches, and small conduits and
2. Investigate if there are real impacts to the ASBSs along Newport Coast due to
public use (trampling, scavenging, and fishing), contaminants from the canyons
discharging the ASBSs, or contaminants transported downcoast from Newport
Bay.
Data collected from the canyons last year did reveal somewhat high metals
concentrations (copper, cadmium and zinc), traces of banned pesticides (Malathion), as
well as elevated concentration of fecal indicator bacteria during storm events. Perhaps
Little Corona Offshore Study — Amendment Number 2 to Professional Services Agreement with Weston Solutions
February 27, 2007
Page 2
the biggest Concern is the large volume of fresh water that now flows continuously in
the canyons. So far, there does not appear to be a compelling case that pollutant loads
coming from the canyons pose a significant hazard to the health of the ASBSs.
However, as a follow -up step, mussels are being outplanted at strategic locations from
Little Corona to the jetty. These mussels will be harvested and tested for contaminants
(including bacteria and viruses).
The City is now engaged in conducting a public use study to gauge the public's impact
to the rocky intertidal areas and also to monitor fishing activities in the ASBS areas.
Additionally, our consultants are preparing a computer model to predict how pollutants
exiting the jetty from Newport Harbor are transported along the coast. Preliminary
modeling results indicate that a good understanding of the longshore currents is key
toward predicting how a pollutant plume from Newport Bay is transported downcoast.
Because there is no longshore current data along this stretch of coastline, these
currents are being estimated using data of the wave environment. However, there is
still the problem of verifying the predictions made in this way because there is no
longshore current data.
Under this contract amendment, Weston Solutions divers will install three :current
velocity detectors (Acoustic Doppler Current Profilers) on the seafloor at strategic
locations near the jetty. To keep consultant costs down, the City Lifeguard Division will
supply the boat and captain and Public Works will provide a crew member. The
detectors would remain in place for a month with a data recorder. The equipment
would then be recovered and the data downloaded, analyzed, and used to verify the
computer model predictions for the downcoast dispersion of a pollutant plume from
Newport Bay. By verifying the numerical model with this data, the City and the SWRCB
will have considerable confidence in the study results and lend credence to our
identification of the most important impact to the ASBS (e.g. contaminant loads from
harbor, contaminant loads from the canyons, or public use). We can then proceed from
these studies to defining actual remediation efforts.
If canyon flows are truly the biggest concern, we will intensify our program to reduce
over - irrigation practices and eliminate the use of toxic chemicals in the Newport Coast
watershed. If the problem is due to public use, the City could instigate a more focused
educational program and may have to consider hiring an officer to monitor tidepool
activities. If the problem is pollution from Newport Bay, then the City will have to
institute corrective measures under a Harbor Area Management Plan and intensify
coordination with our upstream neighbors to correct problems in the Newport Bay
watershed. These widely different potential action plans underscore the need for the
City to understand the source of the problem so that we can develop an appropriate
and cost- effective remediation strategy.
The amendment to Weston's contract will require a budget amendment to transfer
$30,000 allocated for an eelgrass study. As a grant application to fully fund the
eelgrass study was rejected, the eelgrass study will not proceed this year.
Little Corona Offshore Study — Amendment Number 2 to Professional Services Agreement with Weston Solutions
February 27, 2007
Page 3
Environmental Review:
All tasks fall under the Information Gathering class of projects and are therefore
categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306.
Public Notice:
None required.
Funding Availability:
With the approved Budget Amendment, sufficient funding will be available in the following
account for the project:
Account Description
Tide and Submerged Lands
Prepared by:
Robert Ste n, P.E.
Principal Civil Engineer
Attachments: Amendment No. 2
Account Number Amount
7231- C5100889 $39,942
Total: $39,942
Submitted
K G`B-a-d-um
Works Director
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH WESTON SOLUTIONS, INC.
FOR THE NEWPORT COAST
AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS)
MONITORING
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of 2007, by and between the CITY OF
NEWPORT BEACH, a municipal corporation ( "City ") and WESTON SOLUTIONS, INC.,
a Pennsylvania corporation, whose local address is 2433 Impala Drive, Carlsbad,
California, 92008, ( "Consultant "), is made with reference to the following:
RECITALS
A. On August 8, 2006, City and Consultant entered into a Professional Services
Agreement, which authorized Consultant to conduct public use and biological
surveys (hereinafter referred to as the "Agreement'). This work falls under ASBS
Planning Grant awarded to the City by the State Water Rerources Control Board
and funding under the Proposition 50 Integrated Coastal Watershed
Management Program.
B. Under the Agreement, Consultant was hired to conduct public use and biological
surveys at ASBS areas along Newport Coast and Heisler Park (hereinafter
referred to as the "Project'). Under the Agreement, City agreed to pay
Consultant an amount not to exceed One Hundred Seventy -Four Thousand
Seven Hundred Thirty -Six Dollars ($174,736) for the services. This Agreement is
scheduled to expire on June 30, 2008.
C. City and Consultant entered into Amendment No. 1 to the Agreement on October
24, 2006. The total compensation payable to Consultant under Amendment No.
1 to reflect additional services not included in Agreement was not to exceed Sixty
Nine Thousand, Five Hundred Dollars ($69,500).
D. City desires to enter into this Amendment No. 2 to further amend the Agreement
to reflect additional services not included in the Agreement or Amendment 1.
E. City desires to compensate Consultant for the additional professional services
needed for Project.
F. City and Consultant mutually desire to amend Agreement, hereinafter referred to
as "Amendment No. 2 ", as provided herein below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall perform the services outlined. in the Scope of Work dated
February 14, 2007, attached hereto as-Exhibit A, and incorporated in full by this
reference. Consultant agrees to meet the deadlines outlined in Exhibit A.
2. Total additional compensation to be paid to Consultant for all work performed in
accordance with this Amendment, including all reimbursable items and
subconsultant fees, shall not exceed Thirty -Nine Thousand, Nine Hundred
Forty -Two Dollars ($39,942).
3. The term of the Agreement shall not change.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date first above written.
APPR VED AS TO FORM:
Aron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
Attachment: Exhibit A — Scope of Work
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Steven Rosansky, Mayor
for the City of Newport Beach
WESTON SOLUTIONS, INC.:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
f :lusers\pbvMharedlagreementslfy 06- 07Tweston - asbs monitoring amend 1.doc
2
WESTON SOLUTIONS, INC.
2433 Impala Drive
Carlsbad, CA 92010
(180) 931-8081 1(780) 931 -1580 FAX
�. www.ws3tonsolutions.c m
February 14, 2007
Mr. Robert Stein, P.E.
Principal Civil Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Exhibit A - Scope of Work for Current Study
Dear Mr. Stein:
Weston Solutions, Inc. (Weston) is pleased to provide this Scope of Work to conduct the current
study of the Area of Special Biological Significance (ASBS) at Little Corona for the purpose of
defining the constituent flows from and to the ASBS. These data will be used to further refine
the current and pollutant transport model being developed. The overall objective of this study is
to further define potential impacts to the ASBS that will assist in the City developing
management actions to preserve the ASBS and cost effectively meet the anticipated requirements
of the Ocean Plan Permit Exception Process.
The scope of the current study includes the deployment of an array of three RDI Workhorse
Acoustic Doppler Current Profilers (ADCP). The first will be placed in 6 m depth just offshore
of where Buck Gully meets the intertidal zone. The second will be deployed along the 12 m
isobath 1 km downcoast of Buck Gully, and the third will be deployed along the 10 m isobath
offshore of the south jetty of the Newport Harbor entrance.
All units will be anchored into position (either rocky or sandy substrate) by scientist divers, and
left in place for one month (30 days). Data logging will be set to record at intervals of
approximately 15 -min during the duration of deployment. At the end of the sampling duration,
the units will be retrieved and the data will be downloaded in the laboratory. Vector flow fields
will be generated to reflect prevailing current directions over multiple time periods to enhance
the predictability of water mass fates on scales of tidal periodicity and lunar cycling. A technical
memorandum summarizing these data will be generated and submitted within 60 days after.
This scope also includes effort by Everest International, who is completing the current and tidal
model for the Lower Newport Bay and Little Corona, to meet and provide input on the current
study. The data generated by this field effort will also for calibration of the model being
developed by Everest International. The scope also includes sediment sampling and analysis to
further support these efforts.
Robert Stein, City of Newport Beach
Exhibit A - Scope of Work
Cost Proposal
The cost for the current study is $32,422.
The cost for the sediment analysis is $6,500.
TOTAL: $39,942.
February 14, 2007
Page 2
This cost estimate assumes that a boat will be provided by the City of Newport Beach for the
deployment and recovery of the ADCPs.
This work will be completed on a time and materials not to exceed basis.
Schedule
Work will begin within a week of authorization of notice to proceed. All work will be completed
by May 1, 2007.
Please contact or David Pohl at (760) 931 -8081 or Lisa Kay if you have any questions or
comments on this revised Scope of Work.
Very truly yours,
Weston Solutions, Inc.
David H. Pohl, Ph.D., P.E.
Sr. Project Manager
cc: K. Morns
City of Newport Beach
BUDGET AMENDMENT
2006 -07
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
PX Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 07BA -048
AMOUNT: $30,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To transfer expenditure appropriations from the Tidelands Eelgrass Study account to the Tidelands Areas of Biological
Significance Assessment account to fund an amendment to the Professional Services Agreement Weston Solutions.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Description
Amount
Debit Credit
Division
Number
7231
Tidelands - Capital
Account
Number
C2370902
Eelgrass Study $30,000.00
Division
Number
7231
Tidelands - Capital
Account
Number
C5100889
Areas of Biological Significance Assesment
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Financial Approval: Administrat' Services Director
Administrative Ap val: ity Manager
" Autamettc System Entry.
$30,000.00
Date
d
Da
Signed:
City Council Approval: City Clerk Date