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HomeMy WebLinkAboutS17 - TMDL-related Water Quality StudiesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s17 August 8, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution 2006-: Authorization to enter into Contracts with the State Water Resources Control Board for TMDL - related Water Quality Studies, including Metals, Organics, and other Contaminants of Concern ISSUE: Should the City enter into a $90,000 contract with the State Water Resources Control Board comply with the Toxic Pollutants TMDL for Newport Bay? Should the City also adopt a Resolution authorizing the City Manager to enter into further studies? RECOMMENDATION: Adopt Resolution 2006 -_ authorizing the City Manager to enter into Water Quality Studies relating to Newport Bay's TMDLs, including specifically a $90,000 (with another $10,000 contingency authorization) for a Metals- related Storm Drain Study with the State Water Resources Control Board; 2. Adopt Budget Amendment # accepting $90,000 from the State Board for the Metals - Related Storm Drain Study. DISCUSSION: Background: Newport Bay is an impaired water body per §303(d) of the federal Clean Water Act. As such, the US Environmental Protection Agency (US EPA) and the State Water Resources Control Board (SWRCB) via the California Regional Water Quality Control Board, Santa Ana Region (Regional Board) is directed to prepare "total maximum daily loads" (TMDLs). A TMDL is a management plan to eliminate a water quality impairment Resolution on TMDL - Related Studies, including Metals Storm Drain Study August 8, 2006 Page 2 within a certain amount of time. Newport Bay is listed on the §303(d) List for the following substances: • Sediment • Nutrients • Fecal Coliform bacteria • Toxic Pollutants (including Metals) The Toxic Pollutants TMDL for Newport Bay was promulgated in June 2002 by USEPA, and a separate Metals TMDL is currently under development. Metals shown to exceed the California Toxics Rule (CTR) values in Lower Newport Bay include Copper (Cu), Mercury (Pb) and Zinc (Zn). Recent Studies have shown that metals are present in Newport Bay at levels that raise concerns for the health of the bay ecosystem. Copper and other metals are known to be toxic to fish and other aquatic species. It is suspected that antifouling boat paints are a source of Cu to the Lower Bay. These paints are designed to leach Cu into the water, mostly as cuprous oxide, to reduce the fouling of boat bottoms with barnacles and algae. The leaching of Cu from antifouling boat paints is well documented, and has been quantified in a study by the Southern California Coastal Water Research Project (SCCWRP). However, questions remain as to the disposition of the copper once it is released into the harbor -- does the Cu remain in the water, absorb onto the sediments, or flush out of the Bay with the tides? Boatyards are another potential source of copper to Newport Bay since boat hulls are cleaned, scraped and sandblasted, and there is a potential for discharge into the Bay (although a no discharge rule is in effect via the State Board's General Industrial Stormwater Permit). According to USEPA marina data, higher levels of Cu have been found near maintenance area drains and fuel docks than at other locations, suggesting that maintenance areas and fueling stations are sources of metals to the water and good targets for pollution prevention practices. Other metals such as lead, copper, arsenic, zinc, mercury, nickel, lead, chromium, and tin have many functions in boat operation, maintenance, and repair. Common metal containing products used in boat activities include gasoline, anti - fouling paints, pesticides, and wood preservatives. Metals can enter the waterways during uncontrolled pressure washing, painting, antifouling or fueling activities. Metals in the water may adsorb to suspended particles and settle, form salt precipitates, or be flushed out of the marina. Benthic organisms that lie in the sediment may ingest these metals, and filter feeders, such as mollusks, may accumulate metals from the water. In addition, sediments may be resuspended and release metals back into the water. Your Council approved a $90,000 study (funded by the SWRCB) of copper inputs at its July 11, 2006 meeting. Resolution on TMDL- Related Studies, including Metals Storm Drain Study August 8, 2006 Page 3 An additional source of metals to Newport Bay is urban runoff which may enter the Bay via storm drains or surface runoff. Metal inputs to the Bay from stormwater inputs can be significant in winter. Dozens of storm drains empty into Newport Bay (over 200 smaller storms drains to Lower Newport Bay) and studies show high metal concentrations around storm drains in the Rhine Channel section of the Bay. The SWRCB, working through its Regional Board (Region #8) has proposed a TMDL - compliant study to examine the Culmetal concentrations in the water and sediments in storm drains in Lower Newport Bay. The Scope of Work for this $90,000 Study is attached. According to SWRCB rules, the Council must adopt a resolution authorizing the acceptance of grant money for this Study. Because it seems like the City is working with the State Board and the Regional Board frequently on these types of studies, staff respectfully requests the consideration and adoption of a "master' resolution that allows us to enter into these TMDL- directed studies without separate resolutions. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Fundinq Availability: 100% of the funding is available from the State Water Resources Control Board for this Study. Submitted by: Dave'Wiff Assistant City Manager Attachments: Resolution 2006 - Scope of Work for Storm Drain Study Budget Amendment #_ Resolution on TMDL - Related Studies, including Metals Storm Drain Study August 8, 2006 Page 4 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY TO ENTER INTO CONTRACTS WITH THE STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD FOR TMDL- RELATED WATER QUALITY STUDIES IN NEWPORT BAY WHEREAS, Newport Bay is an impaired water body under the Federal Clean Water act for four categories of pollutants - sediment, nutrients, fecal Coliform, and toxic pollutants; and WHEREAS, as an impaired water body, the Bay is subject to the creation and implementation of daily limits of these pollutants and plans to achieve certain water quality goals within a time certain; and WHEREAS, these limits and plans are called Total Maximum Daily Loads (TMDL); and WHEREAS, the Toxic Pollutants TMDL was adopted for Newport Bay in 2002 and contains limits on pollutants like pesticides and metals; and WHEREAS, the metal pollutants of concern include lead, copper, arsenic, zinc, mercury, nickel, lead, chromium, and tin deposited in the bay's waters by storm drains; and WHEREAS, the State Water Resources Control Board, as a part of implementing the Toxic Pollutants TMDL, has directed and agreed to fund a number of water quality studies, including one specifically for a Metals Study of Storm Drains (called the "Storm Drain Study ") to examine inputs of metals and other contaminants of concern to the Bay via the storm drain system and inside the Bay itself; now, therefore be it RESOLVED by the City Council of the City of Newport Beach, that it hereby authorizes the City Manager or his designee to execute grant agreements or contracts with the State Board or its Regional Board to conduct various water quality studies directed by the Toxic Pollutants TMDL or by other TMDLs; and be it further RESOLVED by the City Council of the City of Newport Beach, that the City Manager or his designee is authorized to enter into a Metals- related Storm Drain Study of up to $90,000 (with a contingency increase to $100,000); and be it further RESOLVED that the City staff is hereby authorized to assist the Board in preparing and collecting the necessary data, conducting investigations, or entering into contracts to perform sampling and /or analysis relating to this Study and other studies, Resolution on TMDL - Related Studies, including Metals Storm Drain Study August 8, 2006 Page 5 provided that the contracts and investigations comply with the TMDL and the City's Charter. ADOPTED this 8th Day of August, 2006. DON WEBB Mayor of Newport Beach ATTEST: LAVONNE HARKLESS City Clerk Exhibit A SCOPE OF WORK 1. Service Overview City of Newport Beach 05 -226 -150-0 Pagel of 3 The City of Newport Beach agrees to provide the State Water Resources Control Board (SWRCB), Santa Ana Regional Water Quality Control Board (SARWQCB) the services described herein. The City of Newport Beach will investigate the metal loading to Lower Newport Bay from Storm drains from storm water and dry weather runoff. The goal of this project is to collect data to determine if the loading of metals from storm drains in the Lower Bay is a significant source of metals to the Lower Bay. This study will also determine exceedences of dissolved metals in storm drain runoff compared to CTR Water Quality Criteria to determine the water quality of storm drain runoff to the Lower Bay. 2. Service Location The services shall be performed in Upper and Lower Newport Bay. 3. Project Representatives A. The Program Representatives during the term of the Agreement will be: State Water Resources Control Board Contract Manager: Linda Candelaria CItV of Newport Beach Project Director: Dave Kiff Address: 3737 Main St., Suite 500 Riverside CA 92501 Address: 3300 Newport Blvd. Newport Beach CA 92663 Phone: 951 782 -4991 Phone: 949 644 -3002 E -mail: Candelara waterboards.ca. ov E -mail: Dklff@qi!y.newpo beach.ca.us B. Either party may make changes to the information above by giving ten (10) days written notice to the other party. Said changes shall not require an amendment to this agreement. 4. Services to be Performed Background A. Newport Bay is the second largest estuarine embayment in southern California. The Upper Bay is a state ecological reserve and provides refuge, foraging areas, and breeding grounds for a number of threatened and endangered species. It provides a critical natural habitat for terrestrial and aquatic species, and serves as a spawning and nursery habitat for commercial and noncommercial fish species. Lower Newport Bay, referred to as the outer harbor, was formerly a coastal lagoon. It is four miles long and is oriented parallel to the coastline. The Lower Bay has an open -water area of approximately 600 acres and is a regionally important recreational area. It is one of the largest pleasure craft harbors in the United States and harbors both recreational boats - sail boats, yachts, duffles, rowboats, and commercial boats — fishing and charter boats. B. The local beachfront communities also support, water recreational services, with tourism as one of the most important land use activities in the regional area. Beneficial uses for Newport Bay have been designated by the Santa Ana Regional Water Quality Control Board (SARWQCB) and include shellfish harvesting, marine habitat, spawning reproduction and development, wildlife habitat, commercial and sport fishing, navagation, water contact recreation, non contact recreation, and municipal and domestic supply; and regulates water quality to support those uses. However, beneficial uses of the Bay are threatened by numerous sources of pollutant loading from within the Bay or from streams /channels entering City of Newport Beach 05.2213 -150 -0 Page 2 of 3 Exhiblt A SCOPE OF WORK into the Bay. Therefore, the U.S. Environmental Protection Agency and Santa Ana Regional Water Quality Control Board have adopted Total Maximum Daily Loads (TMDLs) for Newport Bay for fecal coliform, nutrients, sediment, and toxic pollutants including metals and organics. C. A Toxics TMDL for Newport Bay was promulgated in June 2002 by USEPA, and a Metals TMDL for Newport Bay is currently under development by the Regional Board. Metals shown to exceed the CTR Water Quality criteria in Newport Bay include Cu, Pb and Zn. Recent Studies have shown that metals are present in Newport Bay at levels that raise concerns for the health of the bay ecosystem (Bay, 2003 - 2004). Cu and other metals are known to be toxic to fish and other aquatic species. However, the amount of metal loading to Lower Newport Bay from storm drains is unknown. D. Automobile brake pads are a known source of Cu but the concentration of Cu in storm water or dry weather runoff to Newport Bay is unknown. Automotive repair shops are another potential source of metals to Newport Bay since autos are cleaned, repaired and sandblasted, resulting in metallic residue that could potentially be discharged into the Bay (although a no discharge rule is in effect via the State Board's general industrial storm water permit). Other metals such as lead, copper, arsenic, zinc, mercury, nickel, lead, chromium, and tin have many functions in auto operation, maintenance, and repair. Metals can enter the waterways during uncontrolled pressure washing, painting, machining or fueling activities. Metals in the water may adsorb to suspended particles and settle, form salt precipitates, or be flushed out of the marina. Benthic organisms that lie in the sediment may ingest these metals, and filter feeders, such as mollusks, may accumulate metals from the water. In addition, sediments may be resuspended and release metals back into the water. E. Metal inputs to the Bay from storm drain inputs may be significant in winter. At present there are over 200 storm drains (fifty large storm drains over 12 inches in diameter) that empty into Lower Newport Bay and studies show high metal concentrations around storm drains in the Rhine Channel section of the bay (Bay 2003, OCCK 2004). S. Tasks to be Performed Task 1: Project Management The Contractor will provide all technical and administrative services as needed for Agreement completion, coordinate budgeting and scheduling to assure that the Agreement is completed within budget and on schedule. The Contractor will provide copies of subcontracts required for this project to the Contract Manager. Task : Identify the extent of Metals contamination In urban runoff to lower Newport Bay (Storm drain Sampling): This study will identify the contribution of metals to Lower Newport Bay from storm drains during wet and dry weather. Water samples will be collected from approximately 20 major storm drains during wet and dry weather conditions (winter & summer). Task 2.1 Sampling Plan and Quality Assurance Project Plan (QAPP) The Contractor (or Subcontractor) will prepare a sampling plan with the assistance of the Contract Manager to address project tasks, and submit to Contract Manager prior to the start of sample collection in the field. The Contractor (or Subcontractor) will also prepare a QAPP with the assistance of the Contract Manager, and submit to Regional Board QA Officer for approval prior to the start of sample collection in the field. The QAPP will delineate sample collection and analysis methods to ensure that data quality objectives are met. city of Newport Beach OS -226 -150 -0 Page 3 of 3 Exhibit A SCOPE OF WORK Task 2.2 Sample Collection and Analysis Water samples will be collected from approximately twenty (20) major storm drains during four storm and two dry weather events. Water samples will be collected four times in the winter (two winters) and twice in the summer. Water samples will be analyzed for metals of concern (Cu, Cd, Cr, Ni, Pb, Zn, Sri) to determine the metal concentrations in storm drain runoff, and flow rates will be measured so that metal loading from storm drains can be determined. Samples will be analyzed by a contract lab for total and dissolved metals. Task 2.3 QuarteAy Progress Reports Progress reports will be submitted quarterly to the Contract Manager. Task 3 - Data Analysis and DraftfFinal Reports Task 3.1 Data Analysis Orange County Coastkeeper will analyze the data from the sampling program. Dissolved metal concentrations will be compared with .CTR water quality standards and a project GIS will be created using this data. Dissolved /total metals ratios will also be calculated to determine the percentage of metals in the dissolved phase — this is related to the more bioavailable fraction of metals. Flow data will be collected using meters installed in selected storm drains and will continually log flow data over a period of weeks to characterize daily flow cycles. The flow data will be used along with the metal concentration data to determine metal loading to the Lower Bay. Data will be submitted to the Contract Manager as it is received from the lab. Tasks 3.2 Draft Final Report and 3.3 Final Report When the data has been analyzed, a Draft Report will be submitted to the Contract Manager for review and comment. The report will then be revised and a Final Report submitted to the Contract Manager. B. Schedule for Completion Task No. Deliverables Deliverable Timeframe ASK 1: Project Management Project duration ASK 2: 1 r drain Sampling Mar. 2006 — Sept. 200 Task 2.1 Sampling Plan & QAPP Prior to Sample collection Task 2.2 ummer Sampling June 2006 — Sept. 20 Task 2.2 inter Sampling Whiter 2006, 200 Task 2.3 uarterl Pro ress Reports Beginning June 2006 ASK 3: ate Analysis & Reports Task 3.1 Data Analysis Ongoing until Sept. 2007 Task 3.2 Draft Report /Revision Oct. 2007 — Dec. 200 Task 3.3 Final Report Mar. 1, 2008 a City of Newport Beach 05 -226 -180 -0 Page 1 of 3 Exhibit B BUDGET DETAIL AND PAYMENT PROVISiON8 1. invoicing and Payment ind upon A. For services satensate ily rendered, rctor for actual expenditures ureapproval red in accordance with the agrees to comp rates specified herein, which is attached hereto and made a part of this Agreement. B. Invoices shall include the Agreement number and shall be submitted in triplicate not more frequently than quarterly in arrears to: Linda Candelaria, Ph.D. Santa Ana Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 C. The original and one (1) approved copy of the invoice or payment request will be forwarded to the State Water Board's Accounting Operations Section by the Contract 'Manager. Payment any invoice will be made only after receipt of a complete, adequately supported, properly and accurately addressed invoice or payment request. Failure to use the address exactly as provided above may result in return of the invoice or payment request to the Contractor. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage 9 prepaid, in the United States mail. All invokes must be approved by the Contract Manager. D. Payments prioo satisfactory co 90Po /� of the total earned with tithe balance to be paid upon wed, in the aggregate ninety percent satisfactory completion of the Agreement. E. The invoice shall contain the following information: 1. The word "INVOICE" should appear in a prominent location at to top of the page(s); 2. Printed name, of the Contractor; 3. Business address of the Contractor, including P.O. Box, City, State, and Zip Code; 4. Name of State Water Board AND the Regional Water Board being billed; 5. The data of the invoice; 6. The number of the Agreement upon which the claim is based; and 7. An itemized account of the services for which the State Water Board is being billed; (a) The time period covered by the invoice, i.e., the term "from" and "to "; (b) A brief description of the services performed; (c) The method of computing the amount due. On cost reimbursable Agreements, invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries /wages /consultant fees must also be explained; i.e., hours or days worked times the hourly or daily rate = the total amount claimed; (d) The total amount due. This should be in a prominent location in the lower right -hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice. The total amount due shall include all costs incurred by the Contractor under the terms of this Agreement; and (e) Original signature of Contractor (not required of established firms or entities using preprinted letterhead invoices). 0 City of Newport Beach 05 -226 -180 -0 Page 2 of 3 Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS 2. Timely Submission of Final Invoice A. A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days following the expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by the Contract Manager. Said invoice should be clearly marked "Final Invoice", thus indicating that all payment obligations of the State Water Board underthis Agreement have ceased and that no further payments are due or outstanding. B.' The State Water Board may, at its discretion, choose not to honor any delinquent final Invoice if the Contractor fails to obtain prior written State Water Board approval of an alternate final invoice submission deadline. Written State Water Board approval shell be sought from the Contract Manager prior to the expiration or termination date of this Agreement. 3. Budget Contingency Clause A. Limitation of State Liability: The maximum amount to be encumbered under this Agreement for the 2005 -06 fiscal year ending June 30, 2006 shall not exceed $90,000. B. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall, have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. C. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreementwith no. Liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. t'D Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS 4. Budget Line Item Budget City of Newport Beach 05- 226 -180 -0 Page 3 of 3 Description Totals Primary Contractor Personnel Hriy. Rate Hrs. Project Director $98 9.18 $ 900 Administrative Assistant $41 38.4 $ 1,575 Insurance $ 450 Total Personnel $ 2,925 Operating Expenses $ 3,575 Total Primary Contractor $ 0 +500 Subcontractor Personnel Project Manager $40 600 $ 24,000 Project Assistants $15 600 $ 9,000 Executive Director $150 6 $ 900 Bookkeeper $60 26.25 $ 1,575 Insurance $ 450 Total Personnel $ 35,925 Operating Expenses $ 930575 Analytical Lab $ 34,000 Total Subcontractor $ 83,500 TOTAL COSYS $ 90,000 1� City of Newport Beach NO. BA- 07BA -006 BUDGET AMENDMENT 2006 -07 AMOUNT: $90,000.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations and revenue estimates to accept $90,000 from the State Water Resources Control Board to study metals inputs to and from storm drains. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account 255 4885 EXPENDITURE APPROPRIATIONS (3603) Description Description Environ Contrib - State Water Res Board Signed: Signed: Signed: F nancial Approval: Administrative Services Director Administrative App al: City Manager City Council Approval: City Clerk Amount Debit Credit ' Automatic $90,000.00 Date to Date Description Division Number 7255 Environmental Contribution Account Number C5100804 Newport Bay Copper Study Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: F nancial Approval: Administrative Services Director Administrative App al: City Manager City Council Approval: City Clerk Amount Debit Credit ' Automatic $90,000.00 Date to Date