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HomeMy WebLinkAbout13 - Little Corona Bioassay TestingCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 October 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, Principal Civil Engineer 949 -644 -3322 or rstein @city.newport- beach.ca.us SUBJECT: LITTLE CORONA PROFESSIONAL SOLUTIONS RECOMMENDATION: BIOASSAY TESTING — AMENDMENT 1 TO SERVICES AGREEMENT WITH WESTON Approve Amendment No. 1 to the Professional Services Agreement with Weston Solutions (Weston) of Carlsbad, California, 92010 to conduct bioaccumulation studies at Areas of Special Biological Significances along Newport Coast at a not to exceed price of $69,500 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: In 2004, the State Water Resources Control Board (SWRCB) alerted coastal agencies that direct dry- weather and stormwater discharges of contaminants into sensitive marine life areas, the so- called `Areas of Special Biological Significance' (ASBS), are prohibited under the provisions of the California Ocean Plan. The SWRCB is moving aggressively to control direct discharges to the ocean via storm drains, v- ditches, and small conduits. Discharge of flows from canyons is regulated under the NPDES Stormwater Discharge Permit. The SWRCB is now considering regulating canyon discharges to ASBSs by attaching conditions to the stormwater permit. The conundrum for the SWRCB is that there are virtually no scientific studies showing how marine life respond to the low pollutant concentration levels found in canyon flow; and therefore, there is little evidence that would allow the SWRCB to relax the zero- pollutant discharge rule. In fact; the National Resources Defense Council has stated at recent public meetings that it will not support any relaxation of the zero- discharge rule. Under this contract, the City's goal is to provide the SWRCB with evidence that there are threshold levels for pollutants below which marine life reproduction and development are not impacted, and therefore, provide a basis for the SWRCB to promulgate reasonable conditions for canyon discharges. Other agencies with ASBS responsibilities will also need to conduct complimentary studies in support of this effort. Under the contract's scope of work, Weston will conduct a series of toxicity and bioaccumulation studies using mussels and kelp. Transplanted mussels will be harvested after a period of exposure and the tissues analyzed for trace metals, PCB, Little Corona Bioassay Testing — Amendment No. 1 to Professional Services Agreement with Weston Solutions October 24, 2006 Page 2 polycyclic aromatic hydrocarbons, chlorinated and organophosphate pesticides, synthetic pyrethroids, fecal indicator bacteria, coliphage and viruses. The concentrations for each constituent will be compared to pre - exposed concentrations to examine site - specific uptake rates. These tissue concentrations will also be compared to two large databases on impacts to California mussels. The toxicity testing of kelp will focus on investigating the source of toxic response observed in at previous test with storm water from Buck Gully on kelp germination. This testing will investigate if whether the toxicity is due to dissolved contaminants or the presence of particulates in the storm water sample. Many marine life scientists were consulted in preparing this scope of work including Professor Steve Murray (Cal State Fullerton), Professor Sunny Jiang (UCI), Professor Jayson Smith (CSF), Dr. Jack Gregg (California Coastal Commission), Bill Paznokas (California Department of Fish and Game), Dr. Jack Ward and Dr. Shelly Anghera. The scope of Weston Solution's services will include: • Literature research • Updating the sampling Quality Assurance Project Plan • Transplanting mussels into the intertidal area at Little Corona • Performing tissue analysis, reproduction and development bioassays on transplanted mussels • Conduct Toxicity Testing on Kelp • Preparing a bioaccumulation report Environmental Review: All tasks fall under the Information Gathering class of projects and are therefore Categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. Public Notice: No permits anticipated. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount Tide and Submerged Lands 7231- C5100889 $69,500 Total: $69,500 Pre ared b Robert Ste Principal Civil Engineer Attachments: Amendment No. 1 Exhibit ..+ AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR THE NEWPORT COAST AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) MONITORING THIS AMENDMENT NO. 1 TO PROFESSIONAL-SERVICES AGREEMENT, entered into this _ day of 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City") and WESTON SOLUTIONS, INC., a Pennsylvania corporation, whose local address is 2433 Impala Drive, Carlsbad, California, 92008, ("Consultant'), is made with reference to the following: RECITALS A. On August 8, 2006, City and Consultant entered into a Professional Services Agreement which authorized Consultant to conduct public use and biological surveys (hereinafter referred to as the "Agreement "). This work falls under ASBS. Planning Grant awarded to the City by the State Water Rerources Control Board and funding under the Proposition 50 Integrated Coastal Watershed Management Program. B. Under the Agreement, Consultant was hired to conduct public use. and biological surveys at.ASBS areas along Newport Coast and Heisler Park (hereinafter referred to as the "Project "). Under the Agreement, City agreed to pay Consultant an amount not to exceed one hundred seventy -four thousand seven hundred thirty -six dollars, and no /100 ($174,736) for the services. This.; Agreement is scheduled to expire on June 30, 2008. E. City desires to enter into this Amendment No. 1 to reflect the additional services to be performed by Consultant, which were not included in the original Agreement. F. City desires to compensate Consultant for the additional professional services needed for Project. G. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1," as provided herein below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall perform the services outlined in the Scope of Work dated October 1, 2006, attached hereto as Exhibit A, and incorporated in full by this reference. Consultant agrees to meet the deadlines outlined in Exhibit A. 2. Total additional compensation to be paid to Consultant for all work performed in accordance with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed Sixty Nine Thousand, Five Hundred Dollars ($69,500). 3. The term of the Agreement shall not change. 4. Except as expressly modified herein, all other provisions, terms., and covenants set forth in- Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APP VED AS TO FORM: e C. Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By. LaVonne Harkless, City Clerk Attachment: Exhibit A — Scope of Work CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach WESTON SOLUTIONS, INC.: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: f: luserslpbwlsharedlagreementslfy 06.071weslon - asbs monitoring amend 1,doc s Exhibit A Weston Solutions Newport Coast and Laguna Beach ASBS Protection and Restoration Program: Bioassay Testing October 6, 2006 The Cities of Newport Beach and Laguna Beach have initiated a program to protect and renovate sensitive marine life areas, Areas of Special Biological Significance (ASBS), adjacent to the Cities' jurisdictions. The objective of this program is to identify and quantify those environmental impacts having the most deleterious effects on the water quality and habitat of the ASBSs and to prepare an hrtegrated Coastal Watershed Management Plan for these areas. These potential impacts may include constituent loading from dry and wet weather flows to the ASBSs, constituent loading from storm water, public trampling and scavenging activities, fishing activities, cross contamination from tidal flows from Newport Bay and other environmental stressors. Goal Bioassay studies will be used to examine creek (Buck Gully) water quality and potential impacts on rocky intertidal marine flora and fauna at Little Corona del Mar: Background Buck Gully is a steep, open canyon extending 2.5 miles from Little Corona Beach to Newport Coast Drive in the San Joaquin Hills. The lower section extends from Little Corona Beach to the Coast Highway and the larg6r, upper section. stretches from the Coast Highway to Newport Coast Drive. A small freshwater marsh comprised almost exclusively of cattail is situated at the mouth of the gully (Newport Beach Creek) adjoining Little Corona Beach. The principal issues associated with Buck Gully include the indicator bacteria exceedance rates, approaching 1001/6 of the time and erosion associated with the continuous flow of water through the gully. This creek is 303 d listed for indicator bacteria exceedances. Little Corona is also a very popular ocean beach receiving many visitors throughout the year. Because there are a wide range of activities that can create adverse effects on this beach the Cities of Newport Beach and Laguna Beach are exploring . potential causes of these different effects. The objectives of these programs are to prioritize potential solutions to these different sources of adverse effects. One of these potential causes of adverse effects to the intertidal environment at Little Corona are the contaminants contained in the nmoff associated with Buck Gully. The cities have decided that a bioassay approach is the best method to evaluate this source of potential adverse effects. The bioassay approach to be developed will be designed to permit quantifying and priortitizing the types of adverse impacts associated with the discharge of these waters from Huck Gully. Introduction Toxicity and bioaccumulation studies are the most definitive methods in which to assess contaminant related impacts in the environment. Weston recommends the inclusion of toxicity and bioaccumulation testing on indigenous organisms to demonstrate the exposure of contaminants of concern and adverse effects associated with that exposure on to specific intertidal species known to be sensitive to multiple contaminants. Task I . Update sampling Quality Assurance Project Plan (QAPP) Weston will use the existing QAPP from the Water Quality and Flow Assessment as base document and develop an addendum to this QAPP that includes the methods for deploying and retrieval of mussels for bioaccumulation and toxicity studies. 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. Task 2. Mussel Bioaccumulation Study Bioaccumulation of contaminants of concern in California Mussels will serve as a method to determine the integrated accumulation of bioavailable contaminants from various sources. Transplanted adult mussel tissues will be analyzed . for a wide -range of chemical contaminants. These tissue concentrations will be compared to pre- exposure concentrations for the transplanted individuals to examine site - specific uptake rates. These tissues will be compared to two large databases that contain numerous studies on impacts related to tissue concentrations for Californian mussels, Mussel Watch and EKED. The Mussel Watch program has been in existence for 20 years and will allow comparisons of tissue concentrations to more than 280 locations along the California coast, including previous data collected in Newport Beach. The EKED database, developed by ERDC and personnel now at Weston (Drs. David Moore and Jack Word), is a direct assessment of the effects of elevated body burdens from chemicals of potential ecological concern. This data base has over 12,000 pairs of body burden and biological effects data and allows researchers to make comparisons of the effects of various chemicals to other species and effects ranging from physiological impacts to mortality associated with various tissue concentrations. Mussels are filter feeders that relay on collecting organic particles from large volume of water as food. Large number of bacteria and viruses has been found to accumulate in mussel tissue that harvested from contaminated water body. Mussels are also gown to bioaccumulate domoic acid, a neurotoxin produced by a diatom species in the ocean water. This biotoxin can be transported to seals and sealions who use mussels as food source and cause morbidity and mortality in marine manurial population. In addition to the chemical contaminants that will be analyzed by Weston, a subcontract with University of California Irvine will be made to test the concentration of bacteria (i.e., Vibrio spp.), viruses (i.e., coliphage and human viruses) and domoic acid in the mussels. These data will be compared with mussels collected from uncontaminated area. Task I Mussel Reproduction and Development Bioassays In addition to bioaccumulation, a subsample of the transplanted mussels will be tested using standardized toxicity tests to evaluate the success of reproduction and larval development. Larvae of mussels are highly sensitive to contaminants, the successful reproduction by and subsequent development of zygotes to first feeding larval stages would serve as sensitive surrogates for 'the other broadcast spawning species along the coast. Examination of larval development can indicate whether exposure to contaminants of concern ( bioaccumubte or not) or bacterial exposure have influenced the adults to an extent where viable reproduction is impaired. Prior to deployment, a subset of the mussels will be tested to determine their sensitivity to reference toxicants in the laboratory by establishing an LCso for each cohort. These data will be compared to responses of a subset of mussels when they are sampled to determine if `fitness' has changed as a result of the exposure of mussels to contaminants in the intertidal adjacent to Buck Gully. Reference toxicant exposures using ammonia and Cu will be made on the developing larvae to ascertain similar sensitivity of test populations and to develop a dose response measure for one of the potential contaminants from Buck Gully (ammonia). Task 2 and 3 Methods Four locations for mussel deployments are recommended. A site will be located at the mid intertidal zone where water from Buck Gully first mixes with the intertidal zone. A subtidal site will be set below the mid intertidal site, within the mixing zone. To evaluate exposure of contaminants within Newport Bay from those specific to Buck Gully a Newport Bay control will be located north of the mixing zone within the channel. Weston will work with Everest and Rick Ware to determine the best location to deploy mussels for evaluating Upper Newport Bay effects from Buck Gully effects. To evaluate physical impacts due to tide height from freshwater flow from Buck Gully, a mid intertidal control site will be located just north of Little Corona. Bioaccumulation and toxicity testing will be conducted twice a year in order to determine if these organisms exhibit seasonal patterns in uptake and health within Newport Harbor that may be related to wet and dry weather patterns. The seasonal difference in contaminant concentrations will be compared at each site. If the seasonal differences are greater at the site adjacent to Buck Gully, this may be evidence of the degree of Buck Gully influence on those tissues. If the seasonal differences are similar across all sites, this may be evidence that Buck Gully does not have a greater influence than Newport Bay as a whole. The cf ccts of contaminants associated with Upper Newport Bay may be so great that they mask any cf ccts associated with proximity to Buck Gully. Mussels secured in bags attached to the intertidal and subtidal zones will be collected in April and October in order to evaluate large scale differences between wet weather and dry weather exposures. These dates may change to reflect adequate spawning condition of the test organisms in areas adjacent to the study site. New mussels will also be deployed at the same time that exposed mussels are retrieved. If the mussels located within the intertidal zones are vandalized, stations will be moved to deeper - subtidal areas. Weston will work with Rick Ware and his team for all field components of this proposal. This is more cost effective due to his labor pool and proximity to Little Corona. All tissues will be analyzed for a full suite of environmental contaminants currently measured in the Mussel Watch program. These include PCB, PAHs, chlorinated and OP pesticides and trace metals (As, Cd, Cu, Hg, Ni, Pb, Sc, Zn). Pyrethroids, an emerging pollutant, have been identified as potential contaminants of concern in Buck Gully and therefore will also be analyzed in the mussel tissue. Fecal and total coliform bacteria will also be measured in these test organisms. UC Irvine will use the same tissue collection for analysis of Vibrio bacteria, an opportunistic human pathogen; coliphage, an indicator of fecal contamination in the water; and human adenovirus, an indicator of human waste pollution. Mussel tissues will also be extracted and analyzed for the concentration of domoic acid. The same suite of assays will be performed using samples collected in the Mussel Watch program. The data from these two sources will be compared. Depending on this studies findings, toxicity and bioaccumulation evaluations may be recommended in the monitoring plan, however, the level of effort collecting base -line information may be greater than what is necessary for long -term monitoring. The analyte list may be scaled back during the monitoring program to target specific analytes that have been found to be the contaminants of concern within the ASBS. Task 4. Stone Effluent toxicity testing on Kelp Germination In February of 2006, effluent from Buck Gully was evaluated for acute and chronic toxicity using three standardized marine toxicity tests with Macrocystts pyrifera (giant kelp), Mysidopsis bahia (mysid shrimp), and Strongylocentrotus purpuratus (purple urchin). Testing found significant reduction in kelp spore germination within the Buck Gully mixing zone, no toxicity was observed using the shrimp or urchin. While cadmium in the mixing zone sample was found at concentrations in exceedance of the water quality objectives, it is uncertain whether this analyte contributed to the observed toxicity. It was suggested that kelp spore germination may have been effected by increased suspended solids (from stormwater runoff and physical processes that cause flocculation during the brining of the sample prior to testing). To determine if the observed toxicity is due to dissolved contaminates of concern or the presence of particulates in the water samples, kelp will be tested in unaltered effluent and effluent that has had the opportunity to settle prior to testing. To examine the presence of dose - response relationships between effluent and kelp germination success, kelp will be tested in effluent collected at the discharge point, in the mixing zone and at the edge of the mixing zone. Again, Weston will work with Rick Ware and his team for stormwater sample collection. Kelp toxicity is proposed as a one -time experiment to determine if the physical presence of particulates may have confounded the interpretation of toxicity test data or if the dissolved components of the effluent were the true cause of toxicity. Task 5. Report Deliverables: • Bioassay laboratory reports: Bioassay reports will be provided to the City of Newport within 60 days of sample date. • Bioaccumulation chemistry summary report: Raw chemistry results and summary tables will be provided to the City of Newport within 60 days of sample date. • Bioaccumulation microbiology summary report: Raw microbiological measurements and results and summary tables will be provided to the City of Newport within 90 days of sample date. • A draft Buck Gully Water Flow Bioassay Impact Report will be written and submit to the City of Newport and the Technical Advisory Committee for comment and review. • A final Buck Gully Water Flow Bioassay Impact Report will be written and submit to the City of Newport. Task 6. Coordinationmith CalState Fullerton's Renovation Plan. Experiments on the optimal methods for rock weed reintroduction into Little Corona will be conducgted by CalState Fullerton. Weston will coordinate with CalState Fullerton to update the Sampling QAPP and Monitoring Plans when the exactmethodology has been determined. Schedule by Task Task 1. Update of QAPP to include mussel deployment and collection methods. • Updated QAPP will be completed by November 1, 2006, prior to deployment of mussel bags. Task 2. Mussel Bioaccumulation Study • Mussels deployed in November 2006 at 4 stations (Winter Exposure Test 2006, WET 2006). • WET 2006 mussels retrieved and deployment of Summer Exposure Test 2007 (SET 2007) in April 2007. Bioaccumulation tissue analysis to be initiated within 7 days of retrieval. • Summary chemistry report provided to the City of Newport within 60 days of mussel retrieval events. • Summary microbiological report provided to the City of Newport within 60 days of mussel retrieval events. Task 3. Mussel Toxicity Testing WET 2006 mussels retrieved in April 2007. Mussel toxicity testing to be initiated within 7 days of retrieval. Summary toxicity report provided to the City of Newport within 60 days of collection. Task 4. Storm Effluent toxicity testing on Kelp Germination • Prior to March 2007 effluent from a storm event collected during peak flow will be collected. Kelp bioassays will be initiated within 36 hours of collection. • Summary toxicity report provided to the City of Newport within 60 days of collection. Task 5. Project Management and Report Deliverables: • Interim chemistry and toxicity test results provided within 60 days of data collection. • Draft Buck Gully Water Flow Bioassay Impact Report will be presenented and a hard copy submitted to the City of Newport and the Technical Advisory Committee for comment and review in January 2008. • A final Buck Gully Water Flow Bioassay Impact Report will be written and submit to the City of Newport within 15 days of receipt of comments. Task 6. Rock weed Renovation: Coordination with CalState Fullerton, QAPP update, inclusion of methods in Monitoring Plan •. QAPP update and inclusion of renovation methods in Monitoring Plan to be completed prior to restoration work, which is scheduled for January 2007.. Costs by Task Task Activity. Cost Task Cost Task 1 Update of QAPP to include mussel deployment and $1,500 $1,500 collection. Mussel bag set -up, deployment and retrieval. (3 $4,000 events) Tissue chemistry: (4 locations + tissue control) x 2 $15,000 events = 10 samples Tissue bacteriology (4 locations + tissue control) x 2 Task 2 events = 10 Samples (testing at Weston $2,000 $32,000 Microbiological Certified Laboratory) UCI subcontract for bacteria (i.e., Vibrio spp.), v.nvws (i.e., coliphage and human viruse) and domoic acid in $10,000 the mussels Coordination with UCI and data review $1,000 Mussel bioassays: 10 fertilization and reference $5,000 toxicant tests (copper and ammonia) Task 3 $11,000 Mussel bioassays: 10 development and reference $6,000 toxicant tests (copper and ammonia) Buck Gully discharge sampling (one event) $1,500 Task 4 Kelp bioassays' 2 treatments x 3 locations = 6 $4,500 $6,000 germination tests and reference toxicant tests Analysis, Reporting and QA/QC $10,000 Task 5 Meetings and Coordination based on two people $2,500 $14,500 aqMding 2 meetings Project Management $2,000 Rock weed Renovation Coordination with CalState Task 6 Fullerton, QAPP update, inclusion of methods in $4,500 $4,500 Monitoring Plan Total $69,500 Newport Coast and La-una Beach ASBS Protection and Restoration Tash Schedule Task 1- Update QAPP Proorain Start Date- Notice to Proceed October 2006 Draft Submitted to RWQCB October 30, 2006 Review by RWQCB November 14, 2006 Finalized QAPP monitoring plan review to Newport November 16, 2006 Task 2- Mussel Bioaccumulation Study Wet Weather Program Preparation and Installation of Mussel Plantings December 2006 Mussel Field Program - Bioaccumulation by December 18, 2006 Mussel Collection and Tissue Analytical Analysis April 2007. Dry Weather Program Preparation and Installation of Mussel Plantings Aril 2007 Mussel Field Program - Bioaccumulation by April 30, 2007 Mussel Collection and Tissue Analytical Analysis October 2007 Task 3- Mussel Reproduction and Development Mussel Field Program December 2006/April 2007 Tonicity Testing of Mussels December 2006/April 2007 Testing to start within 3 days of delivery from supplier or retrieval from field Task 4- Storm Water Toxicity Testing on Kelp Germination Stormwater Sample Collection January 2007+ Target the fast large (>(IS" rainfall) storm event beginning in January Bioassay Toxicity Testing of Kelp January 2007+ Within 36 hours of stormwater sample collection Task 5- Report Deliverables Bioaccumulation Reports June 2007/December 2007 Chemistry lab reports to be delivered within 60 days of testing Bioassay Laboratory Reports June 2007/December 2007 Bioassay lab reports to be deliveredwithin 60 days of testing Draft Bioassay hnpact Report January 31, 2008. Draft Review by the City and Agencies February 2008 Final Bioassay Impact Report March 2008