HomeMy WebLinkAbout08 - Newport Coast & Laguna Beach Area of Special Biological SignificanceCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
August 8, 2006
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: NEWPORT COAST AND LAGUNA BEACH AREA OF SPECIAL
BIOLOGICAL SIGNIFICANCE: SURVEYS OF PUBLIC USE,
BIOLOGICAL RESOURCES AND PILOT RENOVATION PROGRAM -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
WESTON SOLUTIONS
RECOMMENDATION:
Approve a Professional Services Agreement with Weston Solutions (Weston), of
Carlsbad, California, for surveys of public use, biological resources and the pilot
renovation program at the Areas of Special Biological Significance along Newport Coast
and Laguna Beach at a not to exceed price of $174,736 and authorize the Mayor and
City Clerk to execute the Agreement.
DISCUSSION:
The City of Newport Beach, in cooperation with the City of Laguna Beach, has initiated
a program to protect and renovate sensitive marine life areas, the so- called Areas of
Special Biological Significance (ASBS), along Newport Coast and Heisler Park in
Laguna Beach. Under this contract, the consultant will conduct public use surveys to
determine public impacts to the ASBS rocky inter -tidal areas. Additionally, Weston will
conduct baseline biological surveys on the marine life area. This data has been
requested by the State Water Resources Control Board with regard to protection of the
ASBS's under the California Ocean Plan. The data, in conjunction with information
collected under other studies, will also be used by the City to define the most important
impacts to the ASBS's (e.g. public use impacts vs. contaminant loadings for Newport
Bay or the canyons) and provide a basis for determining the best course of action to
protect the ASBS's.
Newport Coast and Laguna Beach Area of Special Biological Significance
— Approval of Professional Services Agreement Weston Solutions
Augusl8, 2006
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A total of 13 firms were invited to submit proposals to provide numerical modeling and
analysis services. Two firms responded to the City's request for proposals:
• Tenera Environmental
• Weston Solutions
The proposals were independently reviewed by a committee of six members to evaluate
each firm's understanding of the project, qualifications of the project team and past
experience on similar projects, before ranking Weston the highest. Upon selection,
staff negotiated with Weston to provide the necessary scope of services for a fee of
$174,736. Weston's team has completed water quality monitoring and public use
surveys competently and professionally on similar projects for the City of Newport
Beach and other local agencies in Southern California.
The scope of the survey services will include:
1. Performing a public use study
2. Researching data on marine resources
3. Perform baseline monitoring at selected inter -rocky tidal areas including Little
Corona, Morning Canyon Beach and Heisler Park
4. Perform monitoring of the pilot renovation program at Little Corona
Funding Availability:
Funding for this project is primarily from a grant received from the State Water
Resources Control Board as part of its Integrated Coastal Watershed Management
Plan program (Grant Agreement No. 05- 230 - 550 -0.) Additionally, the City of Laguna
Beach will contribute $25,000 for its proportional share of this project. There are
sufficient funds available within the following account for the project:
Account Description Account Number Amount
Environmental Contributions 7255- C5100889 $174,736.00
Total: $174,736.00
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.
Prepared by:
Robert Stein
Principal Civil Engineer
Attachment:
Professional Services AgreE..._.._
Submitted by:
PROFESSIONAL SERVICES AGREEMENT WITH
WESTON SOLUTIONS
FOR NEWPORT COAST
AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE MONITORING
THIS AGREEMENT is made and entered into as of this _ day of
2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and WESTON SOLUTIONS a California Corporation, whose address is 2433
Impala Drive, Carlsbad, California, 92010 ( "Consultant "), and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is investigating the reasons for the decline of the sensitive marine areas, the
so -call Areas of Special Biological Significance (ASBS's) along Newport Coast.
C. City desires to engage Consultant to perform surveys of public use, biological
surveys and the pilot renovation project ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Dr. David
Pohl.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30 day of June, 2008, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and Incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Seventy -Four Thousand Seven Hundred Thirty -Six
Dollars and no /100 ($174,736) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 The City shall make progress payments monthly as the Project work
proceeds based on the percentage of Project work completed. The
Consultant shall furnish a summary breakdown of the Scope of Services
and budget for the Project in a format acceptable to the City, showing the
amount included therein for each principal category or task of the Project
work, in such detail as reasonably requested, to provide a basis for
determining progress payments. All requests for payment shall show the
percentage of work completed for each task of the Scope of Services, the
position and hours of each person who performed work under that task, a
brief description of the services performed under each task, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval by City staff of a request for
payment.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this.Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Dr. David Pohl to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, P.E. shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
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to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims'), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
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D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coveraqe. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
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ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
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16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
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provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
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interest on any withheld sums at the rate of return that City earned on Its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by .Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify..and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Robert Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3322
Fax: 949 -644 -3308
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Dr: David Pohl
Weston Solutions
2433 Impala Drive
Carlsbad, CA 92010
Phone: 760 - 931 -8081
Fax: 760 - 931 -1580
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver..to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
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A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
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31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
Is]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Xe'�— c_ ffe"t�
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F: \Users \PBW\SharedlAgreements \FY 06- OTWeslon -ASBS Moniloring.doc
14
s- % 11"IT
B. Scope of Services
The following technical scope of services discussion presents the Weston Team's approach to each of the
tasks. Included in this discussion is first a summary of the activities and deliverables that will be completed
under the task, followed by the team's approach to completing the task. For Tasks 1 and 3, which include the
completion of the Public Use Survey and the Baseline Biological and Pilot Renovation Surveys, a summary
of the following will be provided: key questions to be answered; target outcomes; integration with other
ICWMP tasks; and linkage to other program elements. A part of the target outcomes for these tasks is the
refinement of the Impact Metric that will provide for a measure of relative impact to prioritize the source
impacts and subsequent management action defined in the ICWMP. A discussion of potential enhancement
to the proposed Impact Metric is provided under Tasks 1 and 3.
Task 1 • Public Use Impact Study at each ASBS
Public use impacts on the marine resources from activities such as trampling, harvesting, and
scavenging is a critical factor in the protection of State of California Areas of Special Biological
Significance. The Weston/CRM Team will utilize findings from recent local public use monitoring
studies at Treasure Island (Montage Resort Project) conducted for the City of Laguna Beach by
Coastal Resources Management (2003, 2005) and other relevant studies in the development and
completion of the Public Use Impact Study for the Newport Beach Marine Life Refuge ASBS No. 32
and the Heisler Park Ecological Reserve ASBS No. 30. The study will consist of compiling
information on the spatial and temporal impact by public use on the sensitive marine life areas. As
part of the holistic ASBS watershed approach, we will be conducting these studies to quantify public
use impacts for comparison with constituent loading from municipal storm drains as well as
contributions from migration of constituents from adjacent watersheds. A methodology for
comparing these impacts (Impact Metric) quantitatively will be developed as part of this Planning
Project. The results of these studies and quantitative comparisons will be presented in the Public Use
Impact Report and the ASBS Impact Metric. The schedule for these deliverables are presented on
the attached project scheduled.
Locally, the team brings nearly 40 years of experience to the project, conducting and evaluating the
effects of coastal development and public use on shoreline and nearshore biological resources
throughout southern California. Within Orange County, this includes working extensively with City
of Laguna Beach and City of Newport Beach stakeholders. We have conducted long -term intertidal
and subtidal studies in Laguna Beach (1996 - 2006), including 155, year- round, eight -hour public use
surveys, quarterly rocky intertidal monitoring surveys since November 2001 (19 surveys at five
locations), and winter /summer subtidal reef monitoring surveys since May 2000 (12 surveys at seven
stations). The public use study at the Montage Resort documented substantial increases in public use
after the opening of the resort, and quantified such activities such as tide pooling, trampling,
collecting, handling/returning organisms to the tide pools, spear fishing, shore fishing, commercial
lobstering, and party boat activity in the nearshore waters. With this background in public use
studies, the Team is well versed with field methods, techniques, and problems that can arise by
conducting such studies, working with both city and other stakeholder groups in managing and
protecting local marine resources, and assessing public use impacts. Along with the public use
studies at Treasure Island, CRM is mapping the intertidal habitats, including rockweed resources and
surfgrass resources using GPS and GIS methodologies to document habitat conditions and provide a
spatial baseline for future public use impact analysis. CRM was the prime contractor and Mr. Ware
was the principal investigator for preparing biological appendices for the City of Newport Beach
LCP update, assisting the City in updating LCP policies and identifying potential impacts and
mitigation measures within the City of Newport Beach's Environment Study Areas including ASBS
7
Newport Coast and Laguna Beach ASBS Surveys
31/32 (2002 - 2003). The Team has also conducted intertidal field studies and identified impacts and
mitigation measures for improvements to the Salt Creek drainage systems, and conducted intertidal
and subtidal field studies and evaluating the effects of beach sand nourishment on that City's marine
resources. Based upon the extensive experience that the team brings to this project and the long -term
associations with the project stakeholders, we believe the team is well qualified and has scientific
background to conduct the public use impact analysis for this project.
Study Needs
Public use of the shoreline and nearshore waters of California's Areas of Special Biological Significance
(ASBS) has a potential to exert environmental pressures on rocky intertidal plants and invertebrates, and
nearshore fishery resources. Recent studies along the Orange County shoreline, including within MMAs,
have established that these areas are subjected to intense public pressure (Murray et al. 1999; Coastal
Resources Management (2003, 2005). These pressures include such activities as the collection of tide pool
plants and animals, picking up and handling tide pool organisms, trampling vegetation and soft - bodied tide
pool organisms, legal and illegal sport fishing from the shoreline, spear fishing while SCUBA or skin diving,
and commercial fishing and sports fishing party boat fisheries. Historically, Addessi (1994) documented
reduced density of macro invertebrate species (i.e., snails, crabs, anemones) in heavily visited intertidal areas
along the San Diego coastline comparing data collected in 1971 and 1991. Public use pressure reduced the
density of macro invertebrate species (i.e., snails, crabs, anemones). Collecting will also alter age sizes
within a population, and produce changes in intertidal community structure (Murray et al. 1999; Kido and
Murray 2003). Trampling is a significant concern because it will reduce the viability of seaweeds and soft -
bodied animals (i.e., anemones), and crack mussel shells. Trampling can result in changes in the community
composition of the plants and animals living under the canopy provided by seaweeds (Zedler 1978, Murray
et al. 1999, Kido and Murray 2003).
In order to identify the degree to which public use affects marine resources within ASBS areas and to
identify the relative importance of public use - related impacts with constituent loading from municipal storm
drains as well as contributions from migration of constituents from adjacent watersheds (i.e., constituent
loading from dry and wet weather flow and cross contamination from tidal flows from Newport Bay and
coastal watershed inputs) the Weston/CRM project team will conduct a comprehensive public use study of
selected ASBS rocky intertidal areas. The results of these studies will establish public use intensity quotients
[PUIQ] (i.e., numbers of people per area and time) for each ASBS, quantity the types and abundances of
public use activities within the study sites, and prepare a semi - quantitative Public Use Impact Metric (PUI*
of the various types of activities that result in damage to intertidal habitats and selected target species. The
focus of the Impact Metric is to provide a relative importance ranking of public use impacts with watershed -
based impacts so that the long -term management plan of ASBS is quantitative rather than subjective.
Task Identification
Task la -lg. A primary task to be accomplished is the collection of both qualitative and quantitative data on
how the public has used Orange County shoreline and nearshore waters. Based on the results of the recent
Montage Resort Study completed by Coastal Resource Management in 2005, on public use activities in the
rocky intertidal areas, the impacts from public use on the marine resources from trampling and scavenging is
a critical factor in the protection of the ASBS. The Weston Team will utilize our findings from this study in
the development and completion of the Public Use Impact Study for the Newport Beach Marine Life Refuge
ASBS No. 32 and the Heisler Park Ecological Reserve ASBS No. 30. This historical information will be
collected and used to:
• identify appropriate public use field data collection methodologies; and,
Newport Coast and Laguna Beach ASBS Surveys
• provide comparative spatial and temporal databases of publics use impacts on other California rocky
intertidal and nearshore marine habitats.
The team will collect, review, and analyze at a minimum, previous studies conducted at Half Moon Bay's
Fitzgerald State Park (Task la), review and summarize reports prepared by the County of Orange, The City
of Laguna Beach (i.e., Lifeguards (prior to 2005), and the Tidepool Enforcement Officer (2005- 2006), and
the City of Newport Beach Harbor Resources Division Tide Pool Ranger Coordinator (Task lb), the Coastal
Resources Management Marine Resources Public Use and Rocky Intertidal Monitoring Program Reports for
the period 2001 -2006 (Task lc), public education and community outreach programs of the cities of Laguna
Beach and Newport Beach, California State Parks, and where pertinent, Surfrider Foundation, Coastkeepers
and other community volunteer programs (Task I d), sport fishermen, sport divers, commercial fisherman,
and commercial divers near each ASBS (Task le) and review local and state enforcement activities and
practices at each ASBS (Task If). These tasks will be summarized and compiled into a Technical
Memorandum that will present findings and conclusions of Tasks 1 a -1 f, and provide scientific guidance for
the preparation of a detailed Public Use Monitoring Plan and the conduct of Public Use Monitoring
(Task 1h -11).
Tasks lh -lk. The Public Use Impact Study Monitoring Plan (Task lh) at a minimum will describe the
rationale for ASBS sites to be monitored, the frequency and duration of monitoring, target species to be
included in field observations, observer survey methodology, the types of public behaviors and activities to
be monitored (i.e., trampling, handling and returning specimens, collecting and removing specimens, tide
pool intrusion, fishing), quality control/assurance, data reduction and analysis, statistical methods to be
employed to analyze and compare data, and the methods to develop a semi - quantitative Public Use Impact
Metric (PUIM) that will rank the degree of impact of public uses with watershed -born associated impacts.
The monitoring activities and site selection will be directly tied in with Task 3 biological survey tasks (Task
li). The draft plan will be submitted to the City of Newport Beach for review and comment (Task lj) upon
which, a final plan will be developed and submitted for approval (Task lk)
The Weston/CRM team tentatively proposes to conduct public use monitoring at three locations where Task
3 intertidal monitoring studies will occur:
• Little Corona Tide Pool ASBS #32 (Newport Beach Marine Life Refuge) at the base of Poppy
Avenue in Corona del Mar. This area is subject to watershed runoff from Buck Gully, elevated
number of tide pool visitors, accessibility for public use, shore fishing, spear fishing, SCUBA, and
consistent use of the waters within the ASBS for commercial and sports fishing purposes;
ASBS #32 downcoast of Little Corona tide pools near Arch Rock or Morning Canyon (Cameo
Shores) or the northwest corner of the Irvine Coast Marine Life Refuge /ASBS ( #31). These
areas are less accessible to the public, but similar to the Little Corona Tide Pool monitoring site in all
other aspects and;
• Heisler Park ASBS #30. This area is comparable in public use and watershed runoff yet, and is
typically a greater destination for skin and scuba divers than the Little Corona Tide Pools or the
Morning Canyon monitoring site.
In addition to these sites, the Team believes that it could be extremely valuable to cross - link the public use
survey with Cal State Fullerton pilot intertidal restoration efforts at one or more sites selected by Cal State
Fullerton to assess (1) how public use in areas selected for restoration affect the success of these restoration
Newport Coast and Laguna Beach ASBS Surveys
efforts, (2) if long -term restoration efforts could be successful with constant public use, and (3) what
measures could be implemented to enhance the potential for restoration success.
Each of the three ASBS areas included in the study likely displays distinctive physical attributes that will
ultimately bias the public's usage within each area, i,e., the ability of individuals to access the shoreline, fish
from outcrops, collect bait, and to access tide pools) as well as influence the types and distributions of
intertidal organisms. Given the differences in physical attributes among the site, the Team believes that there
are no valid reference areas that would be applicable for a BACI statistical analysis of public use data. In the
absence of a "reference site ", concurrent public use monitoring studies being conducted at Treasure Island
for the Montage Resort Project provides comparative data for analysis. In addition, the CRM Treasure Island
public use studies will be implementing an Impact Metric that can be directly compared to the ASBS studies.
Each site will be compared against itself through time, and then compared spatially and temporally with the
other ASBS monitoring sites using a modified BACI analysis. BACI analysis, however, may be directly
applicable to public use impact monitoring of CSUF intertidal restoration studies if the restoration sites can
employ side -by -side comparisons where the public can access portions of the restoration areas but not others.
The study will consist of compiling information on the spatial and temporal impact by public use on the
sensitive marine life areas. Public use can lead to impacts on the ASBS by trampling and scavenging
activities. As part of the holistic ASBS watershed approach, we will be conducting these studies to quantify
public use impacts for comparison with constituent loading from municipal storm drains as well as
contributions from migration of constituents from adjacent watersheds. A methodology for comparing these
impacts quantitatively will be developed as part of this Planning Project. The results of these studies and
quantitative comparisons will be presented in the Public Use Impact Report and the ASBS Impact Metric.
These deliverables are scheduled for submittal to the Grant Manager as shown on the attached project
schedule.
Using our expertise and knowledge of the public use issues and the rocky intertidal habitats along the
Newport and Laguna Beach coasts, the Weston Team has developed a preliminary list of the key questions,
target outcomes and integration with other tasks and program elements for Task 1:
Key Questions, Target Outcomes and Integration
Planning
Grant
Study
Key Study
Questions
Targeted Outcomes
Integration with
other ICWMP
Tasks
Linkage to
Other Program
Elements
Public
1. What are the
1. Identify the
Identify key
Identify High
Impact
public use
primary public
species that are
Impact Public
Study
activities that
use activities that
most affected
Use Activities
impact the
most impact the
by public use for
Highlighted in
preservation
ASBS.
baseline survey
Proposed
of the ASBS?
2. Provide input on
and subsequent
Marine
2. What are the
the list of species
effectiveness
Resource Video
species that
for the Baseline
monitoring
—2005/2006
are most
survey that can
following
Consolidated
impacted by
be an indicator of
management
Grant
public use
changes in public
action
Application
activities, and
use activities.
implementation.
how does this
3. Refine methods
Identified High
High Impact
list compare
to measure and
Impact Public
Activities
to the
quantify impacts.
Activities that
Prioritized by
baseline
4. Develop
are to be
Cities in ICWMP
10
Newport Coast and Laguna Beach ASBS Surveys
Task 11. Conduct the Public Use Monitoring Program. Based upon the acceptance of the Public Use
Monitoring Plan, the Team will conduct the Public Use Impact Survey. Where possible, we will utilize the
resources of the Newport Beach Tide Pool Refuge Manager, and the City of Laguna Beach Tide Pool
Enforcement Officer, and available interns to collect and compile data, and assist in the conduct of the field
surveys to control project costs. The task deliverables include:
• Submit a Technical Memorandum on Research Results
• Submit a Monitoring Plan for the Public Use Survey
• Submit a Public Use Survey Report with Results and Recommendations
In order to identify the degree to which public affect marine resources within ASBS areas and to compare the
relative importance of public use - related impacts with other types of effects on ASBS resources (i.e.,
constituent loading from dry and wet weather flow and cross contamination from tidal flows from Newport
Bay and coastal watershed inputs) the Weston and CRM project team will conduct a comprehensive and
focused public use study that will provide a (1) public use intensity quotient PUIQ (i.e., numbers of people
for each ASBS and (2) a quantitative assessment, ranking, and metric analysis of the relative importance of
each identified activity. Comparisons over time within each ASBS and between each ASBS using BACI will
identify and semi- quantitatively rank the significance of the various types of activities that occur in ASBS
rocky intertidal and near -shore waters. The data collected will then be compared to determine those types of
activities that need to be controlled and the likely mechanisms of effective control.
Between 2001 and 2005, Coastal Resources Management conducted 189, 8 -hour public use surveys on the
shoreline at Treasure Island, Laguna Beach California to document the types and frequency of public use
activities on the shoreline and the near -shore waters. This information will be used with the data collected
11
Newport Coast and Laguna Beach ASBS Surveys
survey?
comparative level
prioritized for
and Focus of
3. Do the
of impact to other
management
2007 Integrated
differences in
potential sources
actions in the
Watershed
habitat
of impact to
ICWMP to
Implementation
between
ASBS.
reduce impacts.
Grant
ASBSs effect
5. Identify the
Provide
level of
factors that are
recommend -
impact?
key in
ations on
4. Can the level
understanding
possible
of impact be
how the public
management
quantified
uses each ASBS,
actions to
and
including cultural,
address public
compared to
economic, and
use impacts for
other
aesthetic factors
ICWMPP.
impacts?
Coordinate with
the Pilot
Renovation
project on
identifying
possible
measures to
better protect
the re-
introduced
species
Task 11. Conduct the Public Use Monitoring Program. Based upon the acceptance of the Public Use
Monitoring Plan, the Team will conduct the Public Use Impact Survey. Where possible, we will utilize the
resources of the Newport Beach Tide Pool Refuge Manager, and the City of Laguna Beach Tide Pool
Enforcement Officer, and available interns to collect and compile data, and assist in the conduct of the field
surveys to control project costs. The task deliverables include:
• Submit a Technical Memorandum on Research Results
• Submit a Monitoring Plan for the Public Use Survey
• Submit a Public Use Survey Report with Results and Recommendations
In order to identify the degree to which public affect marine resources within ASBS areas and to compare the
relative importance of public use - related impacts with other types of effects on ASBS resources (i.e.,
constituent loading from dry and wet weather flow and cross contamination from tidal flows from Newport
Bay and coastal watershed inputs) the Weston and CRM project team will conduct a comprehensive and
focused public use study that will provide a (1) public use intensity quotient PUIQ (i.e., numbers of people
for each ASBS and (2) a quantitative assessment, ranking, and metric analysis of the relative importance of
each identified activity. Comparisons over time within each ASBS and between each ASBS using BACI will
identify and semi- quantitatively rank the significance of the various types of activities that occur in ASBS
rocky intertidal and near -shore waters. The data collected will then be compared to determine those types of
activities that need to be controlled and the likely mechanisms of effective control.
Between 2001 and 2005, Coastal Resources Management conducted 189, 8 -hour public use surveys on the
shoreline at Treasure Island, Laguna Beach California to document the types and frequency of public use
activities on the shoreline and the near -shore waters. This information will be used with the data collected
11
Newport Coast and Laguna Beach ASBS Surveys
during the Newport Beach ASBS surveys proposed for this program to make comparisons of the relative
importance of alternative human uses of rocky intertidal southern California beaches.
The public use monitoring effort will be non - intrusive, and monitors will avoid contact with the public if at
all possible to avoid biasing the data. Contact will be made with the public only after their exit from the area
during which the monitors will count the types and abundance of plants and/or animals collected. Data will
be collected in two -hour blocks over an eight -hour period. Factors to be monitored will include, but not
limited to:
• numbers of groups visiting the rocky intertidal and the number of individuals within a group;
• habitat where people are observed collecting or disrupting habitat;
• the frequency of tide pooling (general), trampling activities, collecting (food, bait collecting, or
general), handling/returning organisms to rocks, rock overturning, SCUBA diving, snorkeling, spear
fishing, shore fishing, party boat fishing, commercial fishing, and enforcement activities per period
of time during the survey; and
• weather and sea state (Beaufort Scale), tide condition (hourly), and swell/wave height (hourly).
The data will be analyzed by time period, by day, by survey, and by season, with respective to weather, sea
state, tide levels, and habitat type. Information on the types of species collected and fished for will be
important in determining the fate of key target species, providing an estimate of resource losses that may
occur due to public use, and effects on intertidal and shallow subtidal community function and structure as a
result of continued public use.
12
Newport Coast and Laguna Beach ASBS Surveys
Task 2 — ASBS Research
Task 2a. Obtain Data on Marine Resources — The Minerals Management Service (MMS) has
conducted core studies at Crystal Cove, Shaws Cove, Treasure Island and Dana Point and
biodiversity surveys since 1995 at Crystal Cove. Core surveys are conducted twice per year and help
to determine base -line population characteristics of key species (rockweed, turfweed, surf grass,
atom barnacles, owl limpet, California mussel and ocher star) should an oil spill take place in the
area. Biodiversity surveys have recently been incorporated into the monitoring program to increase
scope of data collected. Each of these rocky intertidal areas contain habitat that is subject to
discharges of storm water and dry weather flows from municipal storm drains or non -point source
discharges as well as public use. Based on the proximity of these sites to the Newport and Irvine
ASBS and the similarity in adjacent upland land use, the MMS survey data provides an important
data set in which to examine the relative abundance pattems of specific widely- monitored species.
An assessment of the MMS survey data, with regard to the current health of the Newport Beach
ASBS, will be conducted as part of the ASBS Research and Data Collection task (Task 2).
Weston has already been in contact with MMS to provide a compilation of the biological data that
was requested for the ASBS Exception letter response for the Cities of Laguna Beach and Newport
Beach. We were directed by both Cities to wait to complete this data compilation under this scope.
The Weston team can compile this data from the electronic files that MMS has for the Orange
County sites, but based on discussions with MMS, we determined that it would be more cost
effective to have MMS compile their data, and then we will use the compiled data to assess and
develop project survey lists, etc.
Weston is currently working for the City of San Diego on the Proposition 50 grant project for the La
Jolla ASBS in partnership with Scripps Institute of Oceanography and San Diego Coastkeeper. Data
from this project that is available for distribution will be compiled to compare with water quality,
toxicity and biological data available for the ASBSs and coastal canyon creeks in Newport Beach
and Laguna Beach. Weston also prepared the water quality and watershed characteristics summary
for the ASBS Exception letter response for the City of San Diego. Therefore, our team already has
this data compiled and available for use on this project. The Weston Team will also research other
sources of data from other ASBSs in Los Angeles, Ventura, Monterey and San Mateo Counties.
Task 2b. Review Newport Coast Watershed Flow and Water Quality Assessment — Weston has
prepared this report and is intimately familiar with the findings and conclusions of this assessment.
We are awaiting final comments on the Executive Summary and will be finalizing this report this
month. No effort is needed under this task.
Task 2c. Coordination with Cal State Fullerton on Renovation Project and Bioassay Testing — The
Weston Team will coordinate with Steve Murray from Cal State Fullerton on the pilot renovation
project to assure that the Pilot Renovation Project Monitoring Plan contains the methods and species
surveys in order assess the effectiveness of the project. We will also coordinate with Cal State on
providing them with the baseline biological survey and public use survey data in order to assure the
pilot renovation is located and established in areas that would provide the most success of the
renovation project. The Team will also provide Cal State with data from bioassays that Weston
conducted at Little Corona and at La Jolla ASBS, as well as other available toxicity data from other
ASBSs. The Weston Team includes biologist and a bioassay laboratory that routinely conducts
toxicity testing of storm water, ocean waters and sediment. Shelly Anghera and Jack Word have
considerable experience in the development, conducting and assessment of bioassay testing and
13
Newport Coast and Laguna Beach ASBS Surveys
provide the high level of expertise that will be fundamental in the development of this program.
Task 2d. Review Data from Public Impact and Cross Contamination Study — The Weston Team will use the
results of the Public Use Impact study conducted under Task 1 and review of the Cross Contamination Study
conducted by others to provide input on the development of the Impact Metric and the Long -Term
Effectiveness Assessment/Mitigation Monitoring Plan.
Task 3 - Monitoring Plan, QAPP and Field Surveys
a. Baseline Monitoring Plan
The Weston Team has conducted a preliminary review of the available marine resource data and we are
already familiar with the local water quality and public use activity issues having completed recent
investigations and studies for Newport Beach and Laguna Beach. An important component of the Baseline
Monitoring Plan is the identification of the indicator species that will be used as a basis to compare existing
impacts and effectiveness of management measures to reduce these impacts from dry weather flows, stoma
water, public use and cross contamination from tidal flow from Newport Bay.
Areas of Special Biological Significance (ASBS) have been identified throughout California shorelines to
increase the level of scrutiny and to provide protection of valuable biological resources. The intertidal
habitats have similar as well as different types and degrees of pressure than subtidal environments. The
impact types that can occur in both intertidal and subtidal environments include the types and quantities of
sediment, contaminants of potential ecological or human health concerns, and less saline waters that are
transported during dry and storm water flows or discharge of treated effluents. The additional types of
impacts that occur in intertidal environments include more direct human impacts of harvesting, scavenging,
trampling, and direct collecting of organisms during tidal cycles. The objectives of this monitoring program
for the listed ASBS are to distinguish the potential causes of impacts that can be characterized by examining
the distribution, abundance and contamination levels in species located within the ASBS. This monitoring
plan is also planned to aid in the determination of magnitude and extent of multiple types of anthropogenic
impacts, and to create a base -line in which to monitor change due to further impacts or effectiveness of
recovery actions.
Monitoring programs by definition involve the repeated sampling of measured parameters over time and
space. The fundamental approach to biological monitoring includes the following key elements (Murray et
al. (2002)):
1) the biological monitoring program must be carried out over long periods and designed so as to account for
natural variability in the biological system;
2) the program must be designed using the best available ecological concepts, study designs, and principles;
3) the data must be collected in a consistent and well documented manner to achieve required continuity and
reliability; and,
4) the program should be designed so that the detection of change and impacts can be statistically based.
The proposed monitoring plan combines the species and methods of study performed by MMS in the
intertidal MARINe program with additional species that were selected to help delineate potential causes of
changes in the abundance of intertidal species. The plan is also expandable to incorporate addressing uptake
14
Newport Coast and Laguna Beach ASBS Surveys
Of contaminants into the tissues and direct assessment of the effects of those contaminants on survival and
successful growth and reproduction of these sentinel species. Additional monitoring efforts may also include
assessment of key species settlement and/or successful germination of local kelps. This data will not only
serve to accommodate the monitoring interest of the program but help develop a prediction on the success of
restoration activities in a selected ASBS region.
The monitoring program will be designed at Little Corona, Morning Canyon and Heisler Park to accomplish
multiple objectives. The base -line monitoring program will identify the presence, abundance and
distributions of species that have been regularly monitored at rocky intertidal sites (e.g., Shaws Cove, Crystal
Cove, Treasure Island and Dana Point) as part of the MMS and CCA long -term monitoring programs. This
will establish the relative abundances of specific species within Orange County. In addition, this comparable
data, through the use of correlative analyses and temporal trend analyses, may help to identify species
specific restoration or recovery goals for Newport and Irvine ASBS. As with the MMS and CCA monitoring
programs, it is recommended that biannual surveys will be conducted, one during summer and one during
winter. Along transect lines stratified by habitat type and tidal level, point contacts, quadrats, and searches
will be implemented following the MMS methods for Orange County sites. The collected data will be
georeferenced using digital GPS collected using a tablet based PC data collection systems that can
incorporate maps, photos, standard data and notes and observations that are specific to each sampling
episode. A report will be produced that summarizes the biological and physical data in away as to make
comparable to MMS and CCA databases. In addition, photos of permanent quadrats will be collected using
standard photoplot methods during the winter sampling and archived for later use should they be necessary.
The comparison will be focused to the characteristics previously measured during the long -term monitoring
programs currently managed by MMS and CCA within Orange County.
As part of the base -line monitoring program, biodiversity surveys will be conducted. Many of the long -term
monitoring programs have begun to conduct annual biodiversity assessments. These standardized assessment
techniques will be applied to each ASBS during the winter sampling to allow comparisons to other long -term
monitoring databases.
Communities of intertidal invertebrates, plants and fish have a resiliency that reflects their abilities to thrive
in this harsh environment where wave actions, temperature fluctuations, and exposure are highly variable.
There are natural conditions and anthropogenic impacts that can cause these populations to increase or
decrease in abundance or biomass on varying scales of space and time. Distinguishing between the natural
and anthropogenic causes of these changes will depend on a factorial design that compares the magnitude of
change in the distribution and abundance of particular species on regional and local scales. Using a weight of
evidence approach, the patterns of change in selected species can be used to support conclusions regarding
the cause of the observed changes. The presence (or absence) and relative abundance of specific species
known to be correlated with specific anthropogenic impacts will be monitored initially to identify specific
anthropogenic impacts and later to monitor the success of remediation of these impacts. Many species
included in the large -scale monitoring programs can be used to infer impact type, but often these "indicator"
organisms are rare, small and more difficult to identify or sample. Therefore many are not included in large -
scale, long -term monitoring events due to funding or logistically limitation. The table illustrates the types of
impacts that may be identified by presence and abundance of particular groups of species. The black -font
listed organisms are included as priority monitoring organisms in the MMS program (MARINe Target and
Core species); the red -font listed organisms are recommended for inclusion in the Newport Coast and Heisler
Park ASBS program.
15
Newport Coast and Laguna Beach ASBS Surveys
Impact Assessment
The table and the description of the impact types below represent the Weston/CRM's initial approach to
distinguishing cause from monitoring program (non - manipulated surveys). The first two columns represent
potential causes of impacts that can be related to storm water discharges or proximity to sources of
contamination. The next four impact types represent other types of human impacts through consumptive,
recreational or scientific use of the intertidal environment. The pattern of response by all of these species is
more important to the demonstration of potential causes than simply documenting the abundance of
invertebrates through time at selected locations. The initial recommendations presented in this table provide
a framework to answer the key questions by identifying the potential cause /species couplet and the methods
that we would use to document and extrapolate the data. A summary of the impact types are described below.
The organisms included in the baseline biological survey that will be used to address key potential impacts
are presented in the table that follows.
Sedimentation: Using the field tablet PC/GIS photographic documentation system Weston will characterize
the aerial coverage of rocks and habitat types for each of the ASBS sites. A seasonal difference in sand
accumulation is expected, but permanent transects (located transverse to shoreline) and photographs from
permanent site locations will be used to examine long -term changes in the loss or gain of sediment. A long-
term gain in sediment will limit the distribution of sessile invertebrates, algae and plants. Organisms that are
more mobile may move to avoid sedimentation and may show increased densities in the areas that have not
been covered with sediment. Rock scars where organisms have died as a result of sedimentation will be seen
on rocks that have recently been uncovered by wave conditions. Photographic and PC /GIS documentation of
the location of increased abundance of organisms or scars on rocks will provide evidence to support
increased sedimentation as an issue.
Increased sediment in the water column (usually measured as total suspended solids [TSS]) can clog filter
feeding organisms resulting in depressed growth rates and scour newly attached organisms resulting in
depressed settlement rates. This baseline monitoring program will monitor the growth rates of transplanted
mussels and the settlement rates of barnacles.
Chemical contamination: Contaminant related impacts can be measured by the presence or absence of the
most sensitive species during exposure to extreme contamination (i.e., oil spill, sewage discharge). However,
the effects of marginal levels of contaminants that cause sublethal effects are more difficult to monitor. The
results of the Newport Coast Water Quality and Plow Assessment indicate that metals (cadmium and
copper), pesticides and bacteria were constituents of concern. The presence of these constituents in the
canyon creeks and ocean plume samples at concentrations above the water quality objectives indicates a
potential for impact. However, what concentrations are bioavailable and result in chronic toxicity and/or
bioaccumulation are questions that also need to be addressed to assess long -tern impacts from pollutants in
the water and sediment entering and within the ASBS. Long -term impacts from chemical contamination will
act to reduce diversity and remove sensitive species. Weston proposes manipulative monitoring of algal and
larval recruitment, Settling plates for barnacle and algae will be monitored. In order to assess chronic toxicity
and long -tern exposure effects, additional toxicity tests are recommended on water or sediment collected
from the ASBSs. Toxicity tests are proposed as part of the overall planning grant program, and the
Weslon/CRM Team will coordinate on recommendations for these tests. In addition, bioaccumulation of
contaminants of concern, especially in California Mussels is recommended to assess long -tern exposure
effects and to determine the integrated accumulation of bioavailable contaminants from various sources.
These tests may be conducted as part of the toxicity testing program to provide the additional data needed to
assess the long -term impact from the constituents of concern identified in the Water Quality and Flow
Assessment. These tests are also likely to be required under the proposed ASBS Exception process, and
would be cost effective to conduct these tests under the planning grant tasks to address both program key
16 .
Newport Coast and Laguna Beach ASBS Surveys
questions and regulatory permit requirements. Toxicity tests and bioaccumulation studies are outside the
scope of the baseline monitoring program, and are discussed as an option in Section H.
Scavenging: Scavenging, beachcomber harvesting, is defined for the purposes of this monitoring program as
being distinct from harvesting. Scavenging is the taking of organisms from the intertidal based on curiosity
and a lack of knowledge what the removal or disturbance of the organisms from the intertidal means. Likely
species being removed by scavenging include larger more showy organisms with little or no food or bait
value (e.g., starfish, red algae, sea anemones). An additional impact of scavenging is turning over rocks
while looking for tide pool animals without replacing them in their original position (orientation). This latter
impact results in the loss of organisms on both the surfaces and the bottoms of the rocks that are inverted.
Fresh scars or rotting organisms on rocks are signs of this type of impact.
Harvesting: Harvesting is the taking of organisms for human use. The types of species collected from the
intertidal for consumption are based on the size and palatability of the organisms for consumption and
traditional use as bait or in medicinal preparations. Harvested organisms can be based on reductions in larger
edible species relative to changes in the abundance of the larger less edible species. A sub -issue associated
with harvesting is `gleaning' where all organisms of edible size and type are removed for human
consumption for subsistence or based on cultural use of resources.
Scientific and aquaria collection: A different form of harvesting is the collection of intertidal organisms for
use in marine aquaria or for scientific purposes. The removal of turnable /transportable rocks and their
associated organisms is one form of intertidal loss from aquarium use. Selective removal of individual
invertebrates and fish from the intertidal does occur and these are generally the larger more showy type
individuals for the aquaria trade. Census of what is being removed and for which purposes can be
determined by interviewing people that are leaving with intertidal organisms. Removal for scientific
purposes can be almost any type of organism and is likely to be very isolated. Records with Cal Fish and
Game for collector permit use of specific areas should be available for review to determine local impacts
from this specialized removal.
Trampling: The influence of trampling can be observed in a variety of intertidal communities with the
species that are easier to walk on. The influence of trampling on sharp cornered species (e.g., large
barnacles, sea urchins, mussels) or slippery zones (e.g., sea anemone colonies) are likely to be minor, while
the trampling of rock weeds, surf grasses, brown and red algal tufts and small barnacles are the most
common. Open habitat is minimal in isolated intertidal zones. Documenting during monitoring program
(percent cover in quadrats and transects) and photographing the unoccupied habitat will allow the
documentation and help determine recovery goals.
17
newvurn wasr ana Laguna reach ARSS Surveys
Type of Impacts and Likely Response of Intertidal Organisms to Each Type of Impact
18
Newport Coast and Laguna Beach ASBS Surveys
Types of Impacts
Increased
Chemical
Harvesting
Collecting
Species
sedimentation
Contamination
Scavenging
(Food or
(scientific or
Trampling
toxicity
Bait)
aquaria)
Haliotis cracherodd
?
No
No
Lottia gigan tea
No
Yes
No
No
Tegula gallina/aureotincta
No
No
No
Increased
Tegula funebralis
No
No
No
No
Gastropods
density and
Norrissia norrissii
?
Yes
Yes
No
decreased
Astraea undosa
No
No
suitable
habitat of
Littorina slop
?
No
No
No
mobile
organisms
due to
Megathura crenulata
No
Yes
No
No
Stenoplax conspicua
No
No
No
Chitons
Mopalia slop
No
No
Yes
No
emigration
from zones of
sedimentation
Sea Stars
Pisaster ochracheous
No
No
No
Stongylocentrotus
Sea Urchins
ur uratus
Reduction in
Yes
No
?
No
Strongylocentrotus
Yes
?
No
sensitive
franciscanus
species,
settlement,
Anthopleura
No
No
Yes
No
Anemones
elegantissima/solia
bioaccumula
Anthopleura
No
No
Yes
No
tion of
xantho rammica
Decreased
contaminant
S.
Pollicipes polymerus
No
I Yes
I No
Yes
Tetraclita squamosa
No
No
No
No
density and
Barnacles
rubescens
increased
Chthamalus dalli/fissusl
No
No
No
Yes
suitable
Balanus glandula
habitat of
mobile
organisms
Bivalves
Mytilus califomianus
No
Yes
No
No
Phragmatapoma
Polychaeta
cementarium
due to
immigration
No
No
Yes
Boa Kelp
Egregia menziesd
Yes
No
to new
sediment tree
Yes
Yes
Hesperophycus califomicus
No
No
Rock Weed
Silvetia compressa
No
No
No
zones
Turf Weed
Endocladia muricata
No
No
No
Surfgrass
Phyllospadix
No
No
No
No
scouderiltorre i
Sea Lettuce
Ulva sp
?
No
Yes
No
Yes
Black = Re ul dy monitored as part of the MMS program at most sites
Red = Additional species recommended as part of the ASBS to aid in the identification of specific
anthropogenic impacts
? =unknown
18
Newport Coast and Laguna Beach ASBS Surveys
Using our expertise and knowledge of the rocky intertidal habitats and impact issues along the Newport and
Laguna Beach coasts, the Weston Team has developed a preliminary list of the key questions, target
outcomes and integration with other tasks and program elements for the baseline biological survey:
Key Questions, Target Outcomes and Integration
Planning
Grant
Study
Key Study
Questions
Targeted Outcomes
Integration with
other 1CWMP
Tasks
Linkage to
Other Program
Elements
Baseline
1. What is the
Reductions in
Public use
Impact Matrix
Biological
abundance of
key species
comparison of
Development
Survey
species in the
provides
provisional cause
rocky
provisional
with observations of
Baseline Survey
intertidal area
indication of
public use.
Data to be
within the
cause
provided to
ASBS?
SWRCB for
2. What is the
Reduction in
Comparison to
ASBS Exception
biodiversity of
biodiversity
sediment and
Process —
key species
indicates
contaminant loads,
Response Letter
in the ASBS?
additional stress
bioaccumulation
for Little Corona
3. How do the
or dependence
data
and Heisler
results com
on a particular
Park ASBS
pare to the
change in
Comparison to
existing data
resource
regional
on the other
temperature or
Orange
Comparison
water clarity data
County MMS
provides
sites?
assessment of
more regional
scale impacts
(e.g. global
climate
b. Prepare Pilot Renovation Project Monitoring Plan
One of the key results of the monitoring program and the public use assessment will be to prioritize the level
of relative impact from a variety of public uses and causes of change. Appropriate renovation programs must
first determine the proximate cause so that renovation plans have a chance for success. As an example, it
would not be prudent to renovate an area and attempt to replace a species that is under stress from regional
issues. The results of the public use and baseline biological surveys will be used to provide recommendation
for the pilot renovation program.
Once the cause of an adverse effect within the ASBS has been determined and mediated, plans for the
renovation and restoration of species within the ASBS can be developed. After the pilot renovation plan is
designed, a monitoring plan will be prepared in coordination with California State University, Fullerton to
assure consensus on the monitoring and recovery goals in order to determine the level of success. Corrective
and renovation activities will need to be coordinated Cal State Fullerton, the cities, resource agencies,
research organizations and the public so that acceptable solutions can be developed, accepted and adopted by
all of these groups. Renovation activities can then be implemented in pilot scales with adequate monitoring
to ascertain success and modify the management plan based on documented success. A preliminary list of
the key questions and target outcomes of the pilot renovation monitoring are presented in the following table.
19
Newport Coast and Laguna Beach ASBS Surveys
Key Questions, Target Outcomes and Integration
Planning
Grant
Study
Key Study
Questions
Targeted
Outcomes
Integration with
other ICWMP
Tasks
Linkage to
Other Program
Elements
Pilot
1. Has the Pilot
Improvement in the
Public Use
Adaptive
Renovation
Renovation been
abundance of
management of
Monitoring
successful in
targeted species
Comparison to
restoration plan
establishing re-
MMS MARINe data
introduced
Increased
from reference
Provides data
species?
abundance of
areas.
for follow -
2. What other
species that use the
upladditional
species are
target species for
Source evaluation
renovation
indicators of
cover, habitat or
for potential causes
project under
renovation
food. Decreases in
of impact
2005 -2006
success?
abundance of
Consolidated
3. What factors with
species that are food
Grant
regard to
for the target
Application
continued impacts
species.
may be affecting
renovation
Identify success or
success?
lack of success
4. What species
factors that can
would be most
influence the specific
suitable for follow-
species being
up renovation
reintroduced
projects?
S. How does the
Based on success of
abundance of the
reintroduction
re- introduce
consider other
species compare
species that are
to local similar
likely influenced by
habitats —
the same cause.
reference
comparisons?
Similar habitats but
with different
impacts will begin to
look more similar
c. Prepare Reference Location Monitoring Plan
The University of California at Santa Cruz along with MMS has been conducting a multi -year research
project to study the rocky intertidal habitat along the western coast which includes sites in Alaska, British
Columbia, Washington, Oregon, California, and Mexico. There are 48 sites in California. Two separate
methods of evaluating change can be developed using the same set of monitoring data. In the first case, a
possible "natural background" site t can be used as a reference site for Newport Beach ASBS. One such site
is Dana Point but we will examine all potential local sites for comparability, including Crystal Cove, Shaw
Cove and Treasure Island. A data evaluation on the Dana Point reference site will be included in the MMS
data assessment as part of Task 2. The monitoring studies gather information about the intertidal geologic
formation and algae and invertebrate species diversity, abundance, and assemblage. The monitoring began in
2001 and is scheduled to be conducted every three to five years with the intention of utilizing the data to
Newport Coast and Laguna Beach ASBS Surveys
detect and describe changes in intertidal biological communities at the monitoring sites and possibly
ecological shifts along the western coast.
However, for the effectiveness assessment monitoring planned under the implementation projects, other
"reference" sites or evaluations may be needed. No two sites, even within the same cove are exactly
comparable to each other. The best approach that we have used in the past is to develop time series data on
specific locations and examine trends between each site relative to a baseline condition for each site.
Changes that are regional in impact will show common trends (e.g., reduced abundance or percent coverage).
When changes at a specific location are out of synchrony with those in the area and especially throughout the
southern California region then the effects are localized and due to some site specific cause. This is a
modified form of BACI (Before after control impact) where the control is the original site meristics data and
the potential impact is time series data relative to that initial starting point. This method permits each
location to be their own control and improves the ability to detect either common or site specific changes.
The identification and selection of data from all locations will be conducted as part of the ASBS Research
and Data Collection task (Task 2).
Key Questions, Target Outcomes and Integration
Planning
Grant
Study
Key Study
Questions
Targeted Outcomes
Integration with
other ICWMP
Tasks
Linkage to
Other Program
Elements
Reference
1. Are the
Distinguish effects
Public use survey
Source
Monitoring
changes
that are regional in
evaluation and
observed
scope and outside of
Impact metric
identification of
related to
the cities power to
Development
high priority
regional
make change
controls
patterns?
Target Research
2. Are the
Identify probable
activities to
Implement
localized
direct cause of
determine source of
adaptive
changes
adverse change
impact
management of
related.to
high priority
public use,
Identification of the
Pilot scale
sources
physical
bioavailable types of
restoration
sediment
the contaminants that
programs
Restoration
supplies,
increase risk
monitoring
chemical or
biological
Provide
contaminants
reference data
?
for ASBS
3. Are the
Exception Letter
changes
Response
related to
total or
'bioavailable'
contaminant
differences?
d. Prepare QAPP Addendum
The Weston Team has extensive experience in the preparation of Quality Assurance Project Plans in
accordance with SWAMP guidelines, and includes the preparation of the QAPP for the Newport Coast Water
Quality and Flow Assessment. Weston will use the existing QAPP from the Water Quality and Plow
Assessment as base document and develop an addendum to this QAPP that includes the methods and
21
Newport Coast and Laguna Beach ASBS Surveys
monitoring requirements for the public use surveys, baseline biological surveys, and renovation assessment
surveys. The Weston Team has available these methods from other projects and will streamline the
preparation of this QAPP addendum by using these methods with modifications as appropriate. Weston has
a strong working relationship with the Santa Ana RWQCB on the development of the current QAPP and will
continue working successfully with the Regional Board for the approval of this addendum.
e. Conduct Surveys
Study Design and Sample Size. One of the most recommended sampling design methods to measure
impacts in habitats with high natural variation in space and time is a design that measures biological
endpoints at control and impacted sights at multiple times before and after an impact has taken place (the
BACI design). However, anthropogenic impacts in Orange County to the intertidal habitat have been
occurring for many decades and appropriate local control sites are difficult to find if not impossible. A
successful modification of this procedure is to use a BACI approach but to compare biological parameters
that are being monitored relative to each sampling location. (i.e. allow each station to be its own control).
This procedure can then identify change occurring over time and determine if all areas are seeing the same
type of trend or if one area is showing trends in a different direction. Patterns that are common among all
locations (e.g. increases or decreases in the abundance of intertidal algae) indicate long term trends that are
driven by climate - related issues. Decreases in the abundance of a species when all other locations show
increases or stable population leads to the conclusion that something in addition to climate - related changes
are occurring. We have successfully employed this method of assessment off the Columbia River at the deep
water disposal site to examine trends in benthic communities that are driven by climate as well as the impacts
of dredged material placement.
Weston's sampling design will incorporate a base -line monitoring program similar to the MMS and CCA
long -term program using the same methods to collect information on the same organisms in order to create
compatible data sets. However, this monitoring program will include monitoring of additional species whose
abundance and distribution patterns are related to specific impacts.
The exact number of transects, quadrats and searches will not be determined until pilot data regarding the
onsite variability is analyzed. During the first sampling event the minimum number of sampling locations
required for MMS monitoring surveys will be sampled. Additional transects, quadrats, and searches maybe
implemented based on the need determined by power analyses. The variability of specific targeted species
will be analyzed to ensure the ability to detect a predetermined level of change for specific biological
endpoints with an alpha of 0.05 or 0.1.
Task 4 — Data Management and Report
Task 4a. Baseline Survey Report — Following the completion of the baseline biological survey under
Task 3, the Weston Team will compile the data and conduct the comparison to the available data
from other sites as discussed under Task 3. As demonstrated in the Newport Coast Water Quality
and Flow Assessment Report, Weston has in -house statisticians and data management experts that
have extensive experience in using statistical methods to obtain scientifically based and statistically
sound conclusions from the data collected. We routinely evaluate data using various statistical
techniques to "tease out" as much from the available data as possible to assure you are getting the
full value of the field and data gathering program. The data obtain from MMS will be used to
compared the results of the biological survey — (Shelly -Jack to add here)
The results of the Baseline survey will also be summarized and provided to the Cities for submittal to
the SWRCB as part of the ASBS Exception Process monitoring requirement. The ASBS Exception
22
Newport Coast and Laguna Beach ASBS Surveys
letter response submitted in May 2006 stated that this data would be provided as part of this project.
Task 4b. Pilot Renovation Monitoring Report — The results of the monitoring of the Pilot
Renovation project will be summarized in this report that will include an assessment of the success
of the renovation and both positive and negative factors that may be affecting the success of the
renovation. The Team will also use the results of the biological survey to identify species that are an
indicator of renovation success that co- habitat with the renovation species. The Report will include
recommendations on management measures that will allow continued success of the renovation
based on the result of the public access survey and the analysis of the water quality data and impact
metric. Recommendations will also be provided for the follow -up additional renovation project that
is proposed under the 2004 -2005 Consolidated Grant program for which Weston assisted the City of
Newport Beach in the preparation of the application.
Task 4c. Comparison Study Report — The base -line monitoring program will identify the presence, abundance
and distributions of species that have been regularly monitored at rocky intertidal sites (e.g., Shaws Cove,
Crystal Cove, Treasure Island and Dana Point) as part of the MMS and CCA long -term monitoring
programs. MMS will summarize their data for the Orange County sites and Weston will compare the
abundance and distribution of the MARINe species to the results of the baseline biological survey in this
report. The MMS data will be used to establish the relative abundances of specific species within Orange
County. In addition, this comparable data, through the use of correlative analyses and temporal trend
analyses, may be used to evaluate species specific regional trends. All of the regions and each ASBS will be
subject to Regional Changes. The ocean environment may increase or decease in average temperature,
southern or northern waters may circulate into the southern California Bight, or extensive rains or and
conditions may dominate for months years or decades. Under these circumstances all of the areas will show
certain common trends in the abundance of key species. These changes will occur throughout southern
California (sites near and far away from contaminating sources) will reveal if there is a common response
among these areas. The data analysis to this point performed on the MARINe data collected by MMS and
other organizations have demonstrated this effect very well and we will continue to compare MARINe data
to that collected during our monitoring program.
The results of the Comparison Study will also be summarized and provided to the Cities for
submittal to the SWRCB as part of the ASBS Exception Process monitoring requirement. The
ASBS Exception letter response submitted in May 2006 stated that this data would be provided as
part of this project.
Task 4d. Data Management and GIS Shape Files — The Weston Team will compile the data obtained
from the public use, biological, renovation monitoring surveys and provide this data to the Cities as
both electronic databases and geospatially referenced shapefiles. Weston is very familiar with the
City of Newport's database and GIS format requirements as well as SWAMP database requirements
having completed these databases for the Newport Coast Water Quality and Flow Assessment. The
Weston Team also brings innovative approaches to the compilation, management and presentation of
data. The data that will be generated under this project is primarily biological and public use data.
The field and format of this data is very different from standard water and sediment quality data.
Weston is currently working on several key projects that are developing database structures and
management and presentation tools that include bioassay, bioassessment, biological survey and land
use data as part of a relational database. These projects include the Common Ground project that has
developed a website for the San Diego Bay watersheds that includes an interactive GIS mapping tool
and comprehensive database of water and sediment quality data as well as watershed characteristics
23
Newport Coast and Laguna Beach ASBS Surveys
and bioassessment data. Weston has developed a query tool for this project that allow the user to
query the database through a step by step menu of various parameters that include subwatershed,
type of matrix, date, agency, constituent type and for hits only. The queries data can then be
compared to the quality guidelines and a Google Earth map generated of the exceedence points.
Common Ground Data Query Tool — Parameters Tab
Bacteriological
Chlorinated Pesticides
General Chemistry
Organophosphorus Pesticides
PAlis
PCB Congeners
% solids
1 -Me6 yl n aphth al ene
1- Methylphenanthrene
2,3,5- Trimethylnaphthalene
2,4' -DDD
2,4'-DDE
2,4' -DDT
2,6-Dimethylnaphth alene
2- Fluorobiphenyl
Minimum Concentration:
24
Newport Coast and Laguna Beach ASBS Surveys
Common Ground Data Query Tool — Output
25
Newport Coast and Laguna Beach ASBS Surveys
.Al9r D,•u,ln Erul,,, M•9Thin Leutlons
® ......
9wbl 8 DI O 900 "90033 �r 3/18/3005" TnTn
Wty dS DI.Oe I BD St'rin •u 300/2003
I T —�- -C
V9•ble5 DI g 908 1 1 • rnq d5 DI__9e
_CC
SDSt.m H r3004MO5 CC ��18f3005 Tr-
_90833
U.04'.
MC�ieOwble San N., 908 1 908.33 1 C.—IOSw Dl•9g
1 T 9D StroM¢•r 1004/0D05 CC J ,'1118!300$ Tn
$DSt•nnrao3004MO5 CC 3/15/3005 Tr•
Im•o 09.61• S•n N•go 1 908 908.33 1 Cou dS•n Dl•g0
SD S4mr•tir 3004 /3005 CC I 3/18/3005 I I Tr•
25
Newport Coast and Laguna Beach ASBS Surveys
Google Earth Map Generated from Query Tool
Sf1UBI W111Wd a}UI ;•�.iLW � t ^°'� P. „`S. ..
T smm eearnY�„� ,`1`C„ ' 1� san�ur r? Map Salellrte liy6tltl ;
�• F,. Cla end a�« .Fy+...ry .�
J% Encingms. wz a ; Natbn'sl FOres1 ��
poweY A,1 CJ^.'4 s z P. `3je
ygSa §.
Ocean - -. +�. curemaca ttanc
retry Pkies 4 n Smea Park'ti
s�
a.SA Allf$�3 i �?
�,'— iL1,7 ¢¢mng�Wi?Slvf DAt.2
Fandib rr.• d +iytl$I1aIrGAjr
ball Monument
matvrsta �J'1�;
b
"whet SVaN oiy, t ..' i
' I Beach'
S'bta =Park .�. •� .
Weston is also working on the La Jolla ASBS team that is developing a data management tool that
links the watershed data with the marine data as part of a state -wide effort to develop a standard
ASBS data management tool available through SCOOS.
Task 5 - Long -Term Effectiveness Assessment/Mitigation Monitoring Plan
The Long -Term Effectiveness Assessment/Mitigation Monitoring Plan will provide the framework for the
Effectiveness Assessment element shown in the outer ring on Figure 1. The Effectiveness Assessment
begins following the completion of the pilot renovation project which is the last element of the initial (inner
ring) Protection and Renovation Program. This plan will outline the monitoring requirements and, more
importantly, the program goals as defined by program end - points. The Effectiveness Assessment and
Adaptive Management process will therefore continue until these end -point are met and verified.
Success of the assessment/mitigation monitoring plan depends on implementing a monitoring plan
that can be implemented by various groups throughout southern California, provides data that will
permit the identification of adverse impacts within ASBS environments, provides a structure within
the data collection that will permit correct identification of the cause of an adverse impact within the
26
Newport Coast and Laguna Beach ASBS Surveys
targeted ASBS rocky intertidal environments, and allow monitoring of the success of any pilot or full
scale restoration efforts that are undertaken. Success also requires a coordinated and accepted plan
not only for monitoring efforts but also interpretation of what success will mean with all stake
holders.
If the correct cause of the impact is identified at the outset and an effective control of the cause is
implemented then the long -term effectiveness of remediation efforts are relatively easy. Basically,
the monitoring programs will demonstrate trends at the restored sites that are comparable to trends in
the abundance of the key species at all sites throughout the area. Concurrently, those species that are
added back or restored during pilot programs will show increased abundance through time and
eventual success at reproduction.
If the correct cause is not initially identified the monitoring program needs to be sufficiently robust to
indicate an alternate cause. The cause may be different than originally thought or the controls implemented
are insufficient to permit a detectable improvement. On a long term basis the monitoring program will go
through several phases. The first phase will be to develop site specific baselines, the second to recognize
probable cause and after implementing controls to the cause or implementing restoration activities to
document improvements or identify reasons why improvements are not occurring in an adaptive monitoring
and management program.
Based on the findings of the baseline surveys, the Weston Team will develop the Long -Term Effectiveness
Assessment/Mitigation Monitoring Plan that will define the long -term program strategy and define the
program goals to be measured. As presented in Figure 1, the program elements are repeated until it is
verified that the end- points are achieved. This planning document is therefore fundamental in establishing
the framework for defining, measuring and verifying program success.
C. Project Schedule
The project schedule is included in the page that follows. The project schedule has been developed using the
Newport Coast/Heisler Park ASBS planning grant schedule provided by the City of Newport Beach. Tasks
have been added that correspond to the tasks and sub -tasks of the scope of work. All tasks that are included
in the scope of work for the Public Use & Biological Resource Surveys and Pilot Renovation & Long Term
Monitoring program have been highlighted. The Weston's Team approach to the overall schedule is to
complete the research and preparation of the Monitoring Plans, QAPP Addendum and PAEP Addendum for
all the planned surveys; including the public use, baseline biological, pilot renovation and comparison
surveys. This will provide the most cost effective approach and allow review of these plans by the Cities and
agencies as one project even though the field programs will be starting at different times. It has been our
experience that this will facilitate the review and comment period by the agencies and allow for the initiation
of any field activities. The approval of the QAPP addendum is a critical path item, since the grant requires
the Regional Board's approval of the QAPP prior to conducting any field activities.
The proposed schedule has been integrated into the overall planning grant schedule to further demonstrate
our Team's understanding of the overall program and the key elements of this project to coordinate with the
activities of the cross contamination study, bioassay testing and pilot renovation. Please refer to Appendix B
for the project schedule.
27
Newport Coast and Laguna Beach ASBS Surveys
Category Name RatelHour
Category RateMour
Task Fee