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HomeMy WebLinkAbout05 - TMDL-Related Water Quality StudiesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 March 25, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 9491644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution 2008-: Amendment to Resolution 2006 -84 and Renewed Authorization to enter into Contracts with the State Water Resources Control Board for TMDL- related Water Quality Studies ISSUE: Should the City expand its existing contract with the State Water Resources Control Board to comply with various Total Maximum Daily Loads (TMDLs) for Newport Bay? RECOMMENDATION: Adopt Resolution 2008 -_ amending Resolution 2006 -84 authorizing the City Manager to enter into Water Quality Studies relating to Newport Bay's TMDLs, including specifically a Metals- related Storm Drain Study with the State Water Resources Control Board; 2. Approve Budget Amendment #_ accepting up to $70,000 from the State Board for the expansion of the Metals - Related Storm Drain Study. DISCUSSION: Newport Bay is an impaired water body per §303(d) of the federal Clean Water Act. As such, the US Environmental Protection Agency (US EPA) and the State Water Resources Control Board (SWRCB) via the California Regional Water Quality Control Board, Santa Ana Region (Regional Board) is directed to prepare TMDLs. A TMDL is a management plan to eliminate a water quality impairment within a certain amount of time. Newport Bay is listed on the §303(d) List for the following substances: • Sediment (from creeksides of upstream communities); • Nutrients (from landscaping, park, and agricultural fertilizers); • Fecal Coliform bacteria (from a variety of sources, including urban runoff); and • Toxic Pollutants (including various heavy metals from boats, cars, and aerial deposition) The Toxic Pollutants TMDL for Newport Bay was promulgated in June 2002 by USEPA, and a separate Metals TMDL is currently underway. Metals shown to exceed the California Toxics Rule (CTR) values in Lower Newport Bay include Copper (Cu), Mercury (Pb) and Zinc (Zn). Recent Studies have shown that metals are present in Newport Bay at levels that raise concerns for the health of the Bay's ecosystem. Copper and other metals are known to be toxic to fish and other aquatic species. Experts suspect that antifouling boat paints are a source of Cu to the Lower Bay. These paints are designed to leach Cu into the water, mostly as cuprous oxide, to reduce the.fouling of boat Resolution on TMDL- Related Studies, including Metals Storm Drain Study March 25, 2008 Page 2 bottoms with barnacles and algae. The leaching of Cu from antifouling boat paints is well documented, and has been quantified in a study by the Southern California Coastal Water Research Project (SCCWRP). However, questions remain as to the disposition of the copper once it is released into the harbor — does the Cu remain in the water, absorb onto the sediments, or flush out of the Bay with the tides? Boatyards are another potential source of copper to Newport Bay since boat hulls are cleaned, scraped and sandblasted, and there is a potential for discharge into the Bay (although a no discharge rule is in `effect via the State Board's General industrial Stormwater Permit). According to USEPA marina data, higher levels of Cu have been found near maintenance area drains and fuel docks than at other locations, suggesting that maintenance areas and fueling stations are sources of metals to the water and good targets for pollution prevention practices. Other metals such as lead, copper, arsenic, zinc, mercury, nickel, lead, chromium, and tin have many functions in boat operation, maintenance, and repair. Common metal containing products used in boat activities include gasoline, anti - fouling paints, pesticides, and wood preservatives. Metals can enter the waterways during uncontrolled pressure washing, painting, antifouling or fueling activities. Metals in the water may adsorb to suspended particles and settle, form salt precipitates, or be flushed out of the marina. Benthic organisms that lie in the sediment may ingest these metals, and filter feeders, such as mollusks, may accumulate metals from the water. In addition, sediments may be resuspended and release metals back into the water. Your Council approved a $90K study (funded by the SWRCB) of copper on July 11, 2006. An additional source of metals to Newport Bay is urban runoff which may enter the Bay via storm drains or surface runoff. Metal inputs to the Bay from stormwater inputs can be significant in winter. Dozens of storm drains empty into Newport Bay (over 200 smaller storms drains to Lower Newport Bay) and previous studies show high metal concentrations around storm drains in the Rhine Channel section of the Bay. The SWRCB, working through its Regional Board (Region #8) has proposed an expansion of the current $90,000 study (taking the amount up to $155,000) to do additional metals analyses. The Scope of Work for this expansion is attached. According to SWRCB rules, the Council must adopt a resolution authorizing the acceptance of grant money for this Study. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: 100% of the funding will come from the State Water Resources Control Board for this Study. Submitted by: DavMiff Assistant City Manager Attachments: Resolution 2008-_, Resolution 2006 -84, Scope of Work, Budget Amendment #_ Resolution on TMDL- Related Studies, including Metals Storm Drain Study March 25, 2008 Page 3 RESOLUTION NO. 2008w A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION 2006 -84 AUTHORIZING THE CITY TO ENTER INTO CONTRACTS WITH THE STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD FOR TMDL- RELATED WATER QUALITY STUDIES IN NEWPORT BAY WHEREAS, Newport Bay is an impaired water body under the Federal Clean Water act for four categories of pollutants — sediment, nutrients, fecal Coliform, and toxic pollutants; and WHEREAS, as an impaired water body, the Bay is subject to the creation and implementation of daily limits of these pollutants and plans to achieve certain water quality goals within a time certain; and WHEREAS, these limits and plans are called Total Maximum Daily Loads (TMDL); and WHEREAS, the Toxic Pollutants TMDL was adopted for Newport Bay in 2002 and contains limits on pollutants like pesticides and metals; and WHEREAS, the metal pollutants of concern include lead, copper, arsenic, zinc, mercury, nickel, lead, chromium, and tin deposited in the bay's waters by storm drains; and WHEREAS, the State Water Resources Control Board, as a part of implementing the Toxic Pollutants TMDL, has directed and agreed to fund a number of water quality studies, including one specifically for a Metals Study of Storm Drains (called the "Storm Drain Study") to examine inputs of metals and other contaminants of concern to the Bay via the storm drain system and inside the Bay itself; and WHEREAS, the Storm Drain Study was in part authorized by the City's Resolution 2006- 84 which included a $100,000 cap on the amount that could be expended on the Study; now, therefore be it RESOLVED by the City Council of the City of Newport Beach, that it hereby authorizes the City Manager or his designee to execute grant agreements or contracts with the State Board or its Regional Board to conduct various water quality studies directed by the Toxic Pollutants TMDL or by other TMDLs; and be it further RESOLVED by the City Council of the City of Newport Beach, that the City Manager or his designee is authorized to enter into a Metals- related Storm Drain Study of up to $200,000 (with a 10% contingency increase to $220,000); and be it further RESOLVED that the City staff is hereby authorized to assist the Board in preparing and collecting the necessary data, conducting investigations, or entering into contracts to perform sampling and /or analysis relating to this Study and other studies, provided that the contracts and investigations comply with the TMDL and the City's Charter. Resolution on TMDL- Related Studies, Including Metals Stonn Drain Study March 25, 2008 Page 4 ADOPTED this 25°i Day of March 2008. EDWARD D. SELICH Mayor of Newport Beach ATTEST: LAVONNE HARKLESS City Clerk RESOLUTION NO. 2006- 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY TO ENTER INTO CONTRACTS WITH THE STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD FOR TMDL- RELATED WATER QUALITY STUDIES IN NEWPORT BAY WHEREAS, Newport Bay is an impaired water body under the Federal Clean Water act for four categories of pollutants - sediment, nutrients, fecal Coliform, and toxic pollutants; and WHEREAS, as an impaired water body, the Bay is. subject to the creation and implementation of daily limits of these pollutants and plans to achieve certain water quality goals within a time certain; and WHEREAS, these limits and plans are called Total Maximum Daily Loads (TMDL); and WHEREAS, the Toxic Pollutants TMDL was adopted for Newport Bay in 2002 and contains.limits on pollutants like pesticides and metals; and WHEREAS, the metal pollutants of concem include lead, copper, arsenic, zinc, mercury, nickel, lead, chromium, and tin deposited in the bay's waters by storm drains; and WHEREAS, the State Water Resources Control Board, as a part of implementing the Toxic Pollutants TMDL, has directed and agreed to fund a number of water quality studies, including one specifically for a Metals Study of Storm Drains (called the "Storm Drain Study") to examine inputs of metals and other contaminants of concern to the Bay via the storm drain system and inside the Bay itself; now, therefore be it RESOLVED by the City Council of the City of Newport .Beach, that it hereby authorizes the City Manager or his designee to execute grant agreements or contracts with the State Board or its Regional Board to conduct various water quality studies directed by the Toxic Pollutants TMDL or by other TMDLs; and be it further RESOLVED by the City Council of the City of Newport Beach, that the City Manager or his designee is authorized to enter into a Metals- related Storm Drain Study of up to $90,000 (with a contingency increase to $100,000); and be it further RESOLVED that the City staff is hereby authorized to assist the Board in preparing and collecting the necessary data, conducting investigations, or entering into contracts to perform sampling and /or analysis relating to this Study and, other studies, provided that the contracts and investigations comply with the TMDL and the City's Charter. ADOPTED m tMIS 8 day of August, 2006. (: Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LaVorme M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2006 -84 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the Sth day of August 2006, and that the same was so passed and -adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Mayor Webb Noes: None Absent: Nichols Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed.my name and affixed the official seal of said City this 9th day of August 2006, (Seal) City Clerk Newport Beach, California City of Newport Beach 05-226 -180 Al Page 2 of 4 V. Provision 5. Task 2 (Task to be performed) of Exhibit A Scope of Work is amended to add the following: Task 2: Identify the extent of Metals contamtnation In urban runoff to lower Newport Bay (Storm drain Sampling): This study will identify the contribution of metals to Lower Newport Bay from storm drains during wet and dry weather. Water samples will be collected from approximately 20 major storm drains during wet and dry weather conditions (winter & summer). Collect water samples from awns 20 storm drains during an additional dry and wet weather season (summer & winter i. Task 2.1 Sampling Plan and Quality Assurance Project Plan (QAPP) The Contractor (or Subcontractor) will prepare a sampling plan with the assistance of the Contract Manager to address project tasks, and submit to Contract Manager prior to the start of sample collection in the field. The Contractor (or Subcontractor) will also prepare a QAPP with the assistance of the Contract Manager, and submit to Regional Board QA Officer for approval prior to the start of sample collection in the field. The QAPP will delineate sample collection and analysis methods to ensure that data quality objectives are met. Task 2.2 Sample Collection and Analysis 222.11 Water samples will be collected from approximately twenty (20) major storm drains during four storm and two dry weather events. Water samples will be collected four times in the winter (two winters) and twice in the summer. Water samples will be analyzed for metals of concern (Cu, Cd, Cr, Ni, Pb, Zn, Sri) to determine the metal concentrations in storm drain runoff, and flow rates will be measured so that metal loading from storm drains can be determined. Samples will be analyzed by a contract lab fortotal and dissolved metals. Task 2.3 Quarterly Progress Reports Progress reports will be submitted quarterly to the Contract Manager. City of Newport Beach 05 -226 -180 Al Page 3 of 4 VI. Provision 6 (Schedule for Completion) of Exhibit A Scope of Work is amended to read as follows: 6. Schedule for Completion Task No. Deliverables DeNverabie Timeframe ASK 1: Project Management Project duration ASK 2: 3torm drain Sampling Mar. 2006 —Sept. 200 Task 2.1 Task 2.2.1 Task 2.2.1 Task 2.2. Task 2.2. 3ampling Plan & QAPP Diummer Sampling Winter Sampling Sutwer Sampilina Iffinter SaTnolLng Quarterly Progress Reports Prior to Sample collection June 2006 — Sept. 20 Winter 2006, 200 Summer 200 Mater -M0 Beginning June 2006 Task 2.3 ASK 3: Data Analysis & Reports Task 3.1 Task 3.2 Task 3.3 Data Analysis , Draft Report /Revision Final Report Ongoing until Sept. 200 Au ust 200 tZet. 2007 Dan 2 June 30 0 Au 18 200 VII. Provision 3 (Budget Contingency Clause) of Exhibit B- Budget. Detail and Payment Provisions is amended to read as follows: 3. Budget Contingency Clause A. Limitation of State Liability: City of Newport Beach NO. BA- 08BA -054 BUDGET AMENDMENT 2007 -08 AMOUNT: 3s5,000.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations rx I No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations and revenue estimates to accept additional funding of $65,000 from the State Water Resources Control Board for the expansion of the Metals - Related Storm Drain Study. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund/Division Account Description 255 4885 Environ Contrib - State Water Res Board $65,000.00 EXPENDITURE APPROPRIATIONS (3603) Descri Lion Division Number 7255 Environmental Contribution Account Number C0310967 Lower Newport Bay Storm Drain $65,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number " Aufomaft System Entry. Signed: sY/�v % 3 117-07 Financial Approval: Administ five Services Director Date Signed: d Administrative App al: City Manager e Signed: City Council Approval: City Clerk Date