HomeMy WebLinkAbout03 - Newport Bay Copper StudyCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
July 11, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
949/644 -3002 or dkiff @city. newport- beach. ca. us
SUBJECT: Resolution 2006-: Authorization to Amend an Existing Contract
for a Newport Bay Copper (Cu) Study with the State Water Resources
Control Board
ISSUE:
Should the City amend a contract with the State Water Resources Control Board to
accept an additional $15,000 for an expansion of a copper study in Newport Bay?
RECOMMENDATION:
1. Adopt Resolution 2006 - authorizing the City Manager to enter into a $90,000
copper study (up from $75,000) with the State Water Resources Control Board;
2. Adopt Budget Amendment #_ accepting $15,000 from the State Board for this
Study.
DISCUSSION:
Background:
Newport Bay is an impaired water body per §303(d) of the federal Clean Water Act. As
such, the US Environmental Protection Agency (US EPA) and the State Water
Resources Control Board (SWRCB) via the California Regional Water Quality Control
Board, Santa Ana Region (Regional Board) is directed to prepare "total maximum daily
loads" (TMDLs). A TMDL is a management plan to eliminate a water quality impairment
within a certain amount of time. Newport Bay is listed on the §303(d) List for the
following substances:
• Sediment
• Nutrients
• Fecal Coliform bacteria
Copper Study
Apd126, 2005
Page 2
• Toxic Pollutants (including Metals)
The Toxic Pollutants TMDL for Newport Bay was promulgated in June 2002 by USEPA,
and a separate Metals TMDL is currently under development. Metals shown to exceed
the California Toxics Rule (CTR) values in Lower Newport Bay include Copper (Cu),
Mercury (Pb) and Zinc (Zn). Recent Studies have shown that metals are present in
Newport Bay at levels that raise concerns for the health of the bay ecosystem.
Copper and other metals are known to be toxic to fish and other aquatic species. It is
suspected that antifouling boat paints are a source of Cu to the Lower Bay. These
paints are designed to leach Cu into the water, mostly as cuprous oxide, to reduce the
fouling of boat bottoms with barnacles and algae. The leaching of Cu from antifouling
boat paints is well documented, and has been quantified in a study by the Southern
California Coastal Water Research Project (SCCWRP). However, questions remain as
to the disposition of the copper once it is released into the harbor -- does the Cu remain
in the water, absorb onto the sediments, or flush out of the Bay with the tides?
Boatyards are another potential source of copper to Newport Bay since boat hulls are
cleaned, scraped and sandblasted, and there is a potential for discharge into the Bay
(although a no discharge rule is in effect via the State Board's General Industrial
Stormwater Permit). According to USEPA marina data, higher levels of Cu have been
found near maintenance area drains and fuel docks than at other locations, suggesting
that maintenance areas and fueling stations are sources of metals to the water and
good targets for pollution prevention practices. Other metals such as lead, copper,
arsenic, zinc, mercury, nickel, lead, chromium, and tin have many functions in boat
operation, maintenance, and repair. Common metal containing products used in boat
activities include gasoline, anti - fouling paints, pesticides, and wood preservatives.
Metals can enter the waterways during uncontrolled pressure washing, painting,
antifouling or fueling activities. Metals in the water may adsorb to suspended particles
and settle, form salt precipitates, or be flushed out of the marina. Benthic organisms
that lie in the sediment may ingest these metals, and filter feeders, such as mollusks,
may accumulate metals from the water. In addition, sediments may be resuspended
and release metals back into the water.
An additional source of metals to Newport Bay is urban runoff which may enter the Bay
via storm drains or surface runoff. Metal inputs to the Bay from stormwater inputs can
be significant in winter. Dozens of storm drains empty into Newport Bay (over 200
smaller storms drains to Lower Newport Bay) and studies show high metal
concentrations around storm drains in the Rhine Channel section of the Bay.
The State Water Resources Control Board, working through its Regional Board (Region
#8) has proposed a TMDL - compliant study to examine the Cu /metal concentrations in
the water and sediments in a number of marinas in Lower Newport Bay. The Study will
attempt to determine if the Cu leached from Cu antifouling boat paints remains in
marina waters and sediments or is flushed out with the tides. It will also examine some
Copper Study
April 26, 2005
Page 3
stormwater inputs to marinas. The study will include marinas with and without
stormdrains, along with channel sites, to attempt to determine if boats in marinas are a
major source of Cu to Lower Newport Bay marinas.
The City Council approved Resolution 2005 -22 in April 2005 to conduct this $75,000
Study and to enter into related contracts. Regional Board staff believe that another
$15,000 should be allocated towards the Study, and have agreed to provide the funding
associated with an expanded Scope of Work.
This agenda item asks for Council's acceptance of the increased amount.
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 is available from the State Water Resources
Control Board forthis Study.
Submitted by:
Dave Wiff
Assistant City Manager
Attachments: Resolution 2005 -22
Resolution 2006 -
Amended Scope of Work
Budget Amendment #_
RESOLUTION NO. 2005- 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH THE
STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD
TO PERFORM A COPPER STUDY OF 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, one of the metal pollutants of concern is copper (Cu), deposited in
the bay's waters by antifouling paints, brake dust, and stormwater sources; and
WHEREAS, the State Water Resources Control Board, as a part of implementing
the Toxic Pollutants TMDL, has directed and agreed to fund a Copper Study to examine
inputs of copper to the Bay and the transport of copper across the Bay ecosystem; 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 a grant agreement or contract
with the State Board or its Regional Board to conduct a Copper Study of up to $75,000;
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 with entities up to $75,000 to perform sampling and /or analysis relating to this
Study.
ADOPTED this 26h day of April, 2005.
ATTEST:
LAVONNE HARKLESS
City Clerk
Mayor of Newport Beach
J
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
1, LaVonne 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. 2005.22 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
26th day of April 2005, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of April 2005.
(Seal)
(2 f� m. �
City Clerk
Newport Beach, California
'o
Copper Study
April 26, 2005
Page 4
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE CITY TO AMEND A CONTRACT WITH THE
STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD
RELATING TO A COPPER STUDY OF 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, one of the metal pollutants of concern is copper (Cu), deposited in
the bay's waters by antifouling paints, brake dust, and stormwater sources; and
WHEREAS, the State Water Resources Control Board, as a part of implementing
the Toxic Pollutants TMDL, has directed and agreed to fund a Copper Study to examine
inputs of copper to the Bay and the transport of copper across the Bay ecosystem; 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 a grant agreement or contract
with the State Board or its Regional Board to conduct a Copper Study of up to $90,000;
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 with entities up to $90,000 to perform sampling and /or analysis relating to this
Study.
ADOPTED this 11th Day of July, 2006.
DON WEBB
Mayor of Newport Beach
ATTEST:
LAVONNE HARKLESS
City Clerk
Copper Study
April 26, 2005
Page 5
1.
2.
3.
4.
Exhibit A
Scope of Work
Service Overview
City of Newport Beach
04- 391 -180 -1
Contractor agrees to provide to the State Water Resources Control Board (SWRCB)
the services described herein.
Cu /Metals Marina Study — Lower Newport Bay. This study will examine the Cu /metal
concentrations in the water and sediments in a number of marinas in Lower Newport
Bay to determine if the Cu leached from Cu antifouling boat paints remains in marina
waters and sediments or is flushed out with the tides. It will also examine some
storm water inputs to marinas. The study will include marinas with and without
stormdrains, along with channel sites, to attempt to determine if boats in marinas are
a major source of Cu to Lower Newport Bay marinas.
Service Location
The services shall be performed at Newport Bay marinas, channels and stormdrain
locations.
Service Hours
The services shall be provided as needed for the requirements of the project.
Project Representatives
A. The.project representatives during the. term of.this agreement will be:
Control Board
Linda Candelaria, PhD,
Telephone: (951) 782 -4991
Fax: (951) 781 -6288
E -mail: lcandelaria@waterboards.ca.gov
area au inquires to:
State Water Resources
Santa Ana Regional Water Quality
Control Board
Attention: Linda Candelaria, PhD,
3737 Main Street, Suite 500
Riverside, CA 92501 -3339
City of Newport Beach
Dave Kiff, Assistant City Manager
Telephone: (949) 644 -3002
Fax: (949) 644 -3020
E -mail: DKiff @city.newport-
City of Newport Beach
Attention: Dave Kiff
Assistant City Manager
3300 Newport Blvd.
Newport Beach, CA 92663
Telephone: (951) 782 -4991 Telephone: (949) 644 -3002
Fax: (951) 781 -6288 Fax: (949) 644 -3020
E -mail: lcandelada @waterboards.ca.gov I E -mail: DKiff @city. newport-
Page 1 of 5
City of Newport Beach
04- 391 -180 -1
Exhibit A
Scope of Work
C. Either party may make changes to the information above by giving ten (10) days
written notice to the other party. Said changes shall not require an amendment
to this agreement.
5. Background and Goals
A Toxics TMDL for Newport Bay was promulgated in June 2002 by USEPA, and a
Metals TMDL for Newport Bay is currently under development by the Santa Ana
Regional Water Board. Metals shown to exceed the CTR values in Lower Newport
Bay include Cu, Pb and Zn. Recent Studies have shown that metals are present in
Newport Bay at levels that raise concerns for the health of the bay ecosystem (Bay,
2003- 2004). Cu and other metals are known to be toxic to fish and other aquatic
species. Cu antifouling boat paints are a known source of Cu to the Lower Bay.
These paints are designed to leach Cu into the water, mostly as cuprous oxide, to
reduce the fouling of boat bottoms with barnacles and algae. The leaching of Cu
from antifouling boat paints is well documented, and has been quantified in a study
by SCCWRP. However, the question remains as to the disposition of the Cu once it
is released into the marina — Does the Cu remain in the marina, adsorb onto the
sediments, or flush out of the bay with the tides? These are site specific questions
which cannot be answered by a general Cu leaching study. In addition, Chromated
Cu Arsenate has been used as a wood preservative for dock pilings.
Boatyards are another potential source of Cu 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.
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. Over fifty larger storm drains empty into Newport
Bay (over 200 smaller storms drains to Lower Newport Bay) and studies show high
metal concentrations around storm drains in the Rhine Channel section of the bay
(Bay 2003, OCCK 2004). Some Lower Bay storm drain inputs into marinas will also
be examined in an attempt to separate metal inputs from storm drains and metal
inputs from boats to marinas.
Page 2 of 5
City of Newport Beach
04- 391 -180 -1
Exhibit A
Scope of Work
This Study — This study will examine the Cu /metal concentrations in the water and
sediments in a number of marinas in Lower Newport Bay to determine if the Cu
leached from Cu antifouling boat paints remains in marina waters and sediments or
is flushed out with the tides. It may also examine some stormwater inputs to
marinas. The study will include marinas with and without stormdrains, along with
channel sites, to attempt to determine if boats in marinas are a major source of Cu to
Lower Newport Bay marinas.
S. Services to be Performed
Goals (Objective)
The goal of this project is to determine if Cu antifouling boat paints are a significant
source of Cu contamination to the water column and sediments in marinas, and
Lower Newport Bay in general, and to determine the amount of Cu and other metals
present in marina waters and sediments.
A. Work:
Task 1 — Project Management
The Contractor will provide all technical and administrative services as needed for
Agreement completion, coordinate budgeting and scheduling to-assure that the
Agreement is completed within budget and on schedule. The Contractor will provide
copies of subcontracts required for this project.
Task 2 — Identify the extent of Cu contamination in Marina waters and
sediments (Marina/Boatyard Sampling):
This study will identify the contribution of Cu and other metals to marinas from boat
paints and other marina activities such as routine boat maintenance. Marina,
channel and some storm drain samples will be collected.
Task 2.1 Sampling Plan and Quality Assurance Project Plan (QAPP)
The Contractor (or Subcontractor) will prepare a sampling plan with the
assistance of Regional Board staff 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 and submit to Contract
Manager 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.
Page 3 of 5
City of Newport Beach
04- 391 -180 -1
Exhibit A
Scope of Work
Task 2.2 Sample Collection and Analysis
Water and sediment samples will be collected from 3 to 4 sites (3 marina. 1
channel ) in 649-8 marinas /channels. (Marinas to be sampled will be selected
from the twenty marinas in Newport Bay). Water and sediment samples will be
collected twice in the winter and summer. One winter sampling event may
include a storm event. Both water and sediment samples will be analyzed for Cu
plus other metals of concern (Cd, Cr, Ni, Pb, Zn, Sn) to determine the metal
concentrations in marinas in Lower Newport Bay. Water and sediment samples
will also be collected near the several boatyards outside the Rhine Channel, anc
from or near storm drains that empty into selected marinas.
(Tasks 2.2.1 and 2.2.2 will refer to Summer and Winter sampling, respectively.)
Task 2.3 Quarterly Progress Reports
Progress reports will be submitted quarterly to the Contract Manager.
Task 3 - Data Analysis and Draft/Final Reports
Task 3.1 Data Analysis
Orange County Coastkeeper will collect, compile, and perform statistical
analyses on data from the sampling program and load the data into a project
spreadsheet. StatistiGs will be performed on dataData will be statistically
analyzed and graphs will be constructed. Metal concentrations will be
compared with water quality standards (CTR values for metals). GIS information
may be plotted on maps. Data will be submitted to the Regional Board as it is
received from the lab.
Tasks 3.2 _Draft Final Report and 3.3 Final Report
When the data has been analyzed, a Draft Report (including graphs and tables)
will be submitted to the Contract Manager for review and comment. The report
will then be revised and a Final Report submitted to the Contract Manager.
Page 4 of 5
City of Newport Beach
04- 391 -180 -1
Exhibit A
Scope of Work
7. Target Completion Timeframes
Task No. /Deliverables
arget/Deliverable/Timeframe
Task 1: Project Management
Project duration
Task 2: Marina/Boatyard Sampling
auly-2005 —April 2006 = Nov.
006
Task 2.1 Sampling Plan & QAPP
Prior to Sample collection
Task 2.2.12: Summer Sampling
Juneduly- 20066 — SeatSep-.
Task 2.2.2: Winter Sampling
20066
Task 2.3 Quarterly Progress Reports
get- 2893 —April 2006, OcUNov.
006
Beginnin MM 2006
Task 3: Data Analysis & Reports
Task 3.1 Data Analysis
April- Dec. Aug -2006
Task 3.2 Draft Report /Revision
Aug. 2006 DeG. _ an. 371
007
Task 3.3 Final Report
March 7 jan., 2007
Page 5 of 5
City of Newport Beach
04- 391 -180 -1
Exhibit B
Budget Detail and Payment Provisions
Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices,
the State agrees to compensate the Contractor for actual expenditures incurred in
accordance with the rates and /or allowable costs specified herein.
B. Invoices shall include the Agreement number and shall be submitted in triplicate
not more frequently than quarterly in arrears to:
Linda Candelaria, Ph.D.
State Water Resources Control Board
Santa Ana Regional Water Quality Control Board
3737 Main Street, Suite 500
Riverside, CA 92501 -3339
C. Invoice shall:
1) Be prepared on company letterhead. If invoices are not on produced
letterhead invoices must be signed by an authorized official, employee or
agent certifying that the expenditures claimed represent actual expenses for
the service performed under this contract.
2) Bear the Contractor's name as shown on the agreement.
3) Identify the billing and /or performance period covered by the invoice.
4) Itemize costs for the filling period in the same or greater level of detail as
indicated in this agreement. Subject to the terms of this agreement,
reimbursement may only be sought for those costs and /or cost categories
expressly identified as allowable in this agreement and approved by SWRCB.
2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and /or any
subsequent years covered under this Agreement does not appropriate sufficient
funds for the program, this Agreement shall be of no further force and effect. In
this event, the State shall have no liability to pay any funds whatsoever to
Contractor or to furnish any other considerations under this Agreement and
Contractor shall not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes
of this program, the State shall have the option to either cancel this Agreement
with no liability occurring to the State, or offer an agreement amendment to
Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927.
Page 1 of 2
Exhibit B
Budget Detail and Payment Provisions
4. Task Budget
City of Newport Beach
04- 391 -180 -1
Contractor will be reimbursed for services satisfactorily performed based on the follow
task:
Task
Description
Totals
1
Project Administration (City of NB & subcontractor
$7,500
$497899
43.000
2
Marina/Boatyard Sampling-Analysis
$675978 760
Sampling /Field Work (Subcontractor)
$2-Tl 9
31.750
3
Data Analysis/ Final Report
$3,750
$ 4,000
2
Total Project Cost I
$75_189890 000
S. Line Item Budget
Page 2 of 2
5
Description
Totals
1
Labor
$497899
43.000
Project Administration (Contractor +
Subcontractor
$ 7,250
Sampling /Field Work (Subcontractor)
$2-Tl 9
31.750
Data Analysis /Final Report (Subcontractor)
$ 4,000
2
Metals analyses — water + sediment
$999
47 000
(Subcontractor - analytical lab)
Total Project Cost
$78;889
90,000
Page 2 of 2
5
City of Newport Beach
BUDGET AMENDMENT
2006 -07
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 07BA -003
AMOUNT: $15,000.00
�X Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations and revenue estimates to accept an additional $15,000 for an expansion of a
copper study in Newport Beach.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
255 4855
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Description
Description
Environ Contrib - State Water Res Board
Description
7255 Environmental Contribution
C5100804 Newport Bay Copper Study
Financial Approval: Administrative
Approval: 01ty Manager
City Council Approval: City Clerk
Director
Amount
Debit Credit
$15,000.00
$15,000.00
Date
,Pate
Date