TITLE
Recommendation to authorize City Manager to execute a Right-of-Entry Permit with California State University Long Beach, to enter the Colorado Lagoon and Marine Stadium to conduct academic research on biological resources and perform monitoring activities for an initial three-year term, with one, two-year renewal option at the discretion of the City Manager, or his designee; and execute any amendments to expand the permit area and scope of work as additional grant funding is secured. (District 3)
DISCUSSION
California State University Long Beach (CSULB) was awarded a grant in the amount of $92,202 by the University of Southern California SeaGrant Program to engage in research activities to ascertain fish foraging behavior, migration patterns, and utilization of culverts to access estuarine habitat. The proposed research consists of monitoring a focused group of fish (round stingray, California halibut, yellowfin croaker, and grey smoothhound) to ascertain the sample population's behavior. To support the research, a Right-of-Entry Permit will be required to temporarily install Radiofrequency Identification (RFID) readers below sea level at both ends of the Colorado Lagoon and Marine Stadium, and to install receptor and power boxes on the concrete headwalls at both ends of the culvert. The University has received the required approvals from the California Department of Fish and Wildlife, and CSULB's Institutional Animal Care and Use Committee, to tag and monitor the sample population.
The academic research activities will help support the City in its efforts to meet water quality targets as mandated by the Environmental Protection Agency, State Water Resources Control Board, and Regional Water Quality Control Board. The Colorado Lagoon has an active Total Maximum Daily Load (TMDL) for water, sediment, and fish tissue quality. Numeric targets for specific constituents of concern for fish tissue include DDT, Dieldrin, PCBs and chlordane. Fish are known to accumulate these pollutants predominantly through ingestion of sediment and lower trophic level organisms, or through direct exposure. However, it is recognized that fish are mobile, and multiple sources may be attributable to the reported concentrations. The research activities will ultimately highlight the time fish species spend in and out of the lagoon, ascertain fish migration patterns, foraging behavior, and exposure to other primary uptake sources.
The conditions of the right-of-entry permit would include a requirement for making all research findings available to the City of Long Beach to inform restoration activities, coastal resource management actions, and support on-going TMDL monitoring activities.
The proposed right-of-entry permit contains the following major provisions:
• Permittor: City of Long Beach (City).
• Permittee: California State University Long Beach (Permittee).
• Permit Area: Colorado Lagoon and north end of Marine Stadium as shown in Exhibit A.
• Term: The term of the right-of-entry permit shall be for a three-year period, retroactively commencing on June 1, 2015 to June 1, 2018.
• Options to Renew: California State University Long Beach shall have one, two-year renewal option to further extend the term of the right-of-entry permit at the discretion of the City Manager or his designee.
It Authorized Use: The premises shall be used, at no cost to the permittee, for engaging in academic research, specifically fish tagging, monitoring, and data collection. Other academic research activities may be approved by the City Manager or his designee as additional grant funding is secured.
• Conditions of Use: CSULB shall be responsible for obtaining all necessary certificates, permits, and approvals, as required by federal, state and local authorities, prior to commencing the project, and will supply copies to the City Manager's Office. All data collected, findings, and reports produced from the research shall be made available to the City to help inform coastal resource management policies, support existing operations and augment current TMDL monitoring data collection activities.
It Termination: At the conclusion of the right-of-entry permit term, the permittee shall abandon the site and remove all equipment and devices installed.
• Insurance: CSULB shall provide evidence of insurance as required by the Risk Manager, and submit renewals as necessary.
This matter was reviewed by Deputy City Attorney Linda Vu on June 5, 2015 and by Budget Management Officer Victoria Bell on June 3, 2015.
TIMING CONSIDERATIONS
City Council action on this matter is requested on June 16, 2015, in order to authorize the execution of the right-of-entry permit to allow scientific researchers to gather data during the peak fish migration months of Junethrough August.
FISCAL IMPACT
There is no fiscal or local job impact associated with the recommended action.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
GEORGE CHAPJIAN
DIRECTOR OF PARKS, RECREATION AND MARINE
APPROVED:
PATRICK H. WEST
CITY MANAGER