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