HomeMy WebLinkAbout07-02-2014 Operations Committee Agenda Packet Orange County Sanitation District s.wiTATIou Dinacr Wednesday, July 2, 2014
Regular Meeting of the 5:00 P.M.
Operations Committee Administration Building
Board Room
10844 Ellis Avenue
J Fountain Valley, CA 92708
(714) 593-7130
1954-2a14
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the
Clerk of the Board. Speakers are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Committee Members. These reports are for information
only and require no action by the Committee.
CONSENT CALENDAR:
1. Approve Minutes of June 4, 2014, Operations Committee meeting.
2. Recommend to the Board of Directors to:
A. Award a contract to the lowest responsive and responsible bidder, CDC
Engineering and Technology, for Repairs to Primary Clarifier No. 3 Drive
Unit at P1, Project No. FR14-002, for a total amount not to exceed
$332,700 and
B. Approve a contingency of$66,540 (20%).
3. Authorize an increase of $60,000 to a sole source Professional Services
Agreement with Liberty Pipeline Services, Purchase Order No.104954-OA, for
interplant gas line maintenance and extend the contract term for four (4)
additional months, July 1, 2014 through October 31, 2014, for a total amount not
to exceed $134,690.
07/02/14 Operations Committee Agenda Page 1 of 3
NON-CONSENT CALENDAR:
4. A. Approve a Sole Source Agreement with Carollo Engineers to evaluate the
feasibility and cost-effectiveness of a proprietary biogas cleaning process,
for a total amount not to exceed $106,075; and
B. Approve a contingency of$10,600 (10%)
5. Recommend to the Board of Directors to:
A. Consider, receive, and file the Final Environmental Impact Report for the
Southwest Costa Mesa Trunk, Project No. 6-19, dated July 23, 2014; and
B. Adopt Resolution No. OCSD 14-XX entitled; "A Resolution of the Board of
Directors of the Orange County Sanitation District Certifying the Final
Environmental Impact Report for implementation of Southwest Costa
Mesa Trunk, Project No. 6-19; making certain findings relating to
environmental effects identified in the Final Environmental Impact Report;
adopting a Mitigation Monitoring and Reporting Program; adopting a
Statement of Overriding Considerations; and approving the Southwest
Costa Mesa Trunk, Project No. 6-19."
INFORMATION ITEMS:
6. Procurement Process
7. Reduction in Long-Term Liabilities
DEPARTMENT HEAD REPORTS:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, September 3,
2014, at 5:00 p.m.
07/02/14 Operations Committee Agenda Page 2 of 3
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public
records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting
to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Kelly A. Lore
Acting Clerk of the Board
(714)593-7130
mavala(&.ocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherbem(@iocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 mhirelli(ci),ocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomosontc3ocsd.com
Director of Facility Support Services Nick Aromas (714)593-7210 narhontesCdocsd.com
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com
07/02/14 Operations Committee Agenda Page 3 of 3
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Engineering, Operations & Maintenance, and Facilities Support Services
Orange County Sanitation District
A regular meeting of the Operations Committee of the Orange County Sanitation District
was held on June 4, 2014, at 5:04 p.m. at the District's Administrative Office. Director
Shawver led the Flag Salute.
A quorum was declared present, as follows:
Operations Directors Present: Staff Present:
John Nielsen, Chair Jim Herberg, General Manager
Brett Murdock, Vice-Chair Bob Ghirelli, Assistant General Manager
Keith Curry Rob Thompson, Director of Engineering
Steve Jones Nick Arhontes, Director of Facilities Support
Lucille Kring Services
Michael Levitt Ed Torres, Director of Operations & Maintenance
Steve Nagel Lorenzo Tyner, Director of Finance &
Greg Sebourn Administrative Services
David Shawver Jeff Reed, Director of Human Resources
Fred Smith Maria Ayala, Clerk of the Board
Constance Underhill (Alternate) Jennifer Cabral
Troy Edgar, Board Chair Jim Colston
Tom Beamish, Board Vice-Chair Dean Fisher
Norbert Gaia
Al Garcia
Operations Directors Absent: Ted Gerber
Kathy Millea
Mike Puccio
Roya Sohanaki
Others Present:
Brad Hogin, General Counsel
Bob Ooten (Alternate Director)
PUBLIC COMMENTS:
No public comments.
REPORT OF COMMITTEE CHAIR:
Committee Chair Nielsen did not provide a report.
06/04/2014 Operations Committee Minutes Page 1 d 6
REPORT OF GENERAL MANAGER
General Manager, Jim Herberg, reported that OCSD's state legislative lobbyist, Heather
Stratman, informed him earlier today that the District's bill, SB 946, has passed the
Local Government committee and that it would be moving forward to the Assembly floor
for approval.
CONSENT CALENDAR:
1. MOVED, SECONDED, and DULY CARRIED: Approve Minutes of May 7, 2014,
Operations Committee meeting.
AYES: Beamish, Curry, Edgar, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: Jones
2. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Approve a Professional Consultant Services Agreement with Brown &
Caldwell to provide construction support services for Santa Ana Trunk
Sewer Rehabilitation, Project No. 1-17, for an amount not to exceed
$188,724; and
B. Approve a contingency of$18,872 (10%).
AYES: Beamish, Curry, Edgar, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: Jones
06/04/2014 Operations Committee Minutes Page 2 of 6
3. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Approve an Agreement with Corrpro Companies, Inc., for Corrosion
Management Staffing Support Services, Specification CS-2014-6006D, for
the period July 1, 2014 through June 30, 2015, for a total annual amount
not to exceed $541,096, with four one-year renewable options; and
B. Approve a contingency of$54,109.60 (10%).
AYES: Beamish, Curry, Edgar, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: Jones
4. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Award a contract to the lowest responsive and responsible bidder,
Bowcon Company Inc., for Repairs of Dewatering Building at P2, Project
No. FR12-001, for a total amount not to exceed $175,280; and
B. Approve a contingency of$35,000 (20%).
AYES: Beamish, Curry, Edgar, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: Jones
06/04/2014 Operations Committee Minutes Page 3 of 6
5. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Approve a Professional Consultant Services Agreement with Carollo
Engineers, Inc. to provide construction support services for Plant No. 1
Primary Treatment, Contract No. P1-124 for an amount not to exceed
$451,910; and
B. Approve a contingency of$45,190 (10%).
AYES: Beamish, Curry, Edgar, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: Sebourn
ABSENT: Jones
6. MOVED, SECONDED, and DULY CARRIED: Recommend to the Board of
Directors to:
A. Approve a Professional Design Services Agreement with HDR to provide
engineering design services for Administrative Facilities Implementation
Planning, Project No. SP-194, for an amount not to exceed $729,597; and
B. Approve a contingency of$72,960 (10%).
AYES: Beamish, Curry, Edgar, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: Jones
06/04/2014 Operations Committee Minutes Page 4 of 6
7. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of
Directors to:
Approve out-of-country travel for two Orange County Sanitation District
employees to witness factory testing of centrifuges in connection with Sludge
Dewatering and Odor Control at Plant No. 1, Project P1-101, and all travel,
lodging, and per diem costs in accordance with the Sanitation District's travel
policy.
AYES: Beamish, Curry, Edgar, Kring, Levitt, Murdock, Nagel,
Nielsen, Seboum, Shawver, F. Smith and Underhill
(Alternate)
NOES: None
ABSTENTIONS: None
ABSENT: Jones
INFORMATION ITEMS:
Director Jones arrived to the meeting at 5:18 p.m.
8. Collections System
Nick Arhontes, Director of Facility Support Services Department, gave a
PowerPoint presentation on the Sanitation District's Collection Facilities. The
presentation included information on: sewer spill statistics, odor complaints,
regulatory compliance, sewage conditioning, etc.
9. Pretreatment Program and Industrial Permitting
Roya Sohanaki, Engineering Supervisor, gave a PowerPoint presentation on the
Overview of OCSD's Pretreatment Program. The presentation included
information on: regulatory and compliance information, managing the sources of
pollutants, effectiveness of source control, etc.
The Committee had questions regarding violations, revenues, cost(s) of program,
protocols and policies, etc. Staff responded to the questions accordingly.
10. Review proposed Budgets for FY 2014-15 and 2015-16
Lorenzo Tyner, Director of Finance and Administrative Services, gave a brief
PowerPoint presentation on the proposed FY 14-15 and FY 15-16 Two-Year
Budget plan. The budget book and executive summary were distributed to the
06/04/2014 Operations Committee Minutes Page 5 of 6
Committee. Key points of Mr. Tyner's presentation included: revenues, debt
service, cash flows, reduction of liabilities, etc.
Mr. Herberg highlighted the pages in the budget book with the capital
improvement projects and detailed pertinent information.
DEPARTMENT HEAD REPORT:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Committee Chair Nielsen thanked OCSD staff for being present at the Tustin Chili
Cook-Off event this past weekend.
ADJOURNMENT
At 6:23 p.m., Committee Chair Nielsen declared the meeting adjourned to the next
scheduled meeting of Wednesday, July 2, 2014 at 5:00 p.m.
Submitted by,
Maria E. Ayala, Clerk of the Board
06/04/2014 Operations Committee Minutes Page 6 of 6
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
07/02/14 o7/z3/14
AGENDA REPORT Item Number Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Arhontes, P.E., Director of Facilities Support Services
SUBJECT: REPAIRS TO PRIMARY CLARIFIER NO. 3 DRIVE UNIT AT P1
PROJECT NO. FR14-002
GENERAL MANAGER'S RECOMMENDATION
A. Award a contract to the lowest responsive and responsible bidder, CDC
Engineering and Technology, for Repairs to Primary Clarifier No. 3 Drive Unit at
P1, Project No. FR14-002, for a total amount not to exceed $332,700 and
B. Approve a contingency of$66,540 (20%).
SUMMARY
This project performs structural repairs to Primary Clarifier No. 3 and replaces damaged
components of the center drive unit. It also replaces portions of the heavily corroded
steel. A 20% contingency is being proposed due to unforeseen conditions such as
additional corroded steel that may be discovered during demolition and coating
preparation.
The Orange County Sanitation District (OCSD) advertised for bids on April 8, 2014.
Three electronic bids were received on May 19, 2014. The bids were evaluated in
accordance with OCSD's policies and procedures. ODC Engineering and Technology
was deemed the lowest responsive, responsible bidder.
Summary information on the bid opening for Repairs to Primary Clarifier No. 3 Drive
Unit P1, Project No. FR14-002 is as follows:
Engineer's Estimate $252,000
Bidder Amount of Bid
ODC Engineering and Technology $332,700
Tharsos Inc. $432,872
Kaveh Engineering and Construction Inc. $443,880
Bid Comparison to Enaineer's Estimate
The Engineer's estimate did not adequately consider costs associated with the
application of the corrosion control coating system (additional $72,700) and the
replacement of the mechanical equipment that at connects the drive to the rotating arm
Page 1 of 2
(additional $50,700). Had staff considered these two items, the engineer's estimate
would be $374,500. Bids are in-line with the work being performed.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
During routine maintenance the central drive assembly was damaged. OCSD Planning
staff inspected the steel structure of the feedwell and found heavy corrosion. In some
places, corrosion was so significant that gaps and holes were discovered. This amount
of corrosion could lead to a failure of the clarifier unit. The feedwell was last replaced in
1995. The central drive unit was last replaced in 1971.
CEQA
A Notice of Exemption has been filed for this work on June 4, 2014. This project is
categorically exempt from CEQA under section 15302 (c) — replacement or
reconstruction of existing utility systems and/or facilities involving negligible or no
expansion of capacity.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the OCSD's Purchasing Ordinance. This
repair will be funded through the Small Capital Replacement /Rehabilitation Project SP-
34 (Budget Update Fiscal Year 2012-2013 and 2013-2014 Misc. & Support Projects;
Section 8 — Page 111). This Small Capital fund is used to pay for capital repairs and/or
direct replacements. The SP-34 budget is adequate to cover this project.
Date of Approval Contract Amount Continaencv
07/23/14 $332,700 $66,540
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package and attachments:
Draft Service Agreement
ME:SS:eh
Page 2 of 2
Return to Mende Report
SERVICE CONTRACT
Repairs to Primary Clarifier No. 3 Drive Unit at P1
Project No. FR14-002
THIS CONTRACT is made and entered into as of the date fully executed below by and between
Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and Company
Name with a principal business at address _ (hereinafter
referred to as "CONTRACTOR") collectively referred to as the "Parties".
WITNESSETH
WHEREAS, OCSD desires to retain the services of COOACTOR to make repairs to
Primary Clarifier No. 3 Drive Unit at Pl fServices"; and
WHEREAS, OCSD has chos TRACTOR to'conduct Services in aocorda wi
Ordinance No. OCSD-44; and
WHEREAS, on , the Board of Directors of OCSD, by minu� r,
authorized execution of this Agreement between OCSD and C Itant; and
WHEREAS, CONTRACTOR is qualified by virtue a Au
, raining, and education and
expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises tual benefits exchanged between
the Parties, it is mutually agreed as follows: `
1. Introduction .
1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and
CONTRACTOR. The Terms and Conditions herein exclusively govern the purchase of Services
as described in the Scope of Work, attached hereto and incorporated herein by reference as
Exhibit"A".
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract
as though fully set forth at length herein. Exhibits to this Contract are as follows in order of
precedence:
Exhibit "A" Scope of Work
Exhibit"B"
Exhibit"C"
Exhibit"D"
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and
any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects
govern and control.
1.4 The provisions of this Contract may be amended or waived only by a writing executed by
authorized representatives of both Parties hereto.
1.5 The various headings in this Contract are inserted for convenience only and shall not
Orange County Sanitation District 1 of 9 Project No. FR14-002
DRAFT CONTRACT-DO NOT SUBMIT
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affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise
noted as business days.
1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday,
Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday,
Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day.
1.8 The term "hours", when used in this Contract, shall be as defined in Exhibit"_
1.9 CONTRACTOR shall provide OCSD with all required premiums and/or overtime work at
no charge beyond the price provided under"Compensation" below.
1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses*
losses, or action incurred or undertaken by CONTRACTOR as a result of work performed in
antir_.inatinn of ni,rr_hasec of paid servir_ec by Q(:$D.
2. Compensation Compensation f�is project shall not exceed the total amount of
and 00/00 Dollars ISA ).
3. Payments Payment shall A made upon approval by OCSD Project Manag , Steve
Speakman or his designee, of invoices submitted for Services completed as described in Exhibit
1. ". OCSD, at its sole discretion, shall be the determining party as to whether the
Services have been satisfactorily completed.
4. Invoices _
4.1 OCSD shall pay within 30 days of completion a ipt and approval by OCSD Project
Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges
thereon. Invoices shalclude the Purchase Order Number.
4.2 Invoices shall be emailed by CONTRACTOR to OCSD Accounts Payable
at APStaff(a)OCSD.com and reference the following in the subject line: "INVOICE", the
PuPurc a Order number, the Project Manager, Steve Speakman and FR14-002.
6. Audit Rights CONTRACTOR agrees that, during the term of this Contract and for a
period of three (3) years after its termination, OCSD shall have access to and the right to
examine any directly pertinent books, documents, and records of CONTRACTOR relating to the
invoices submitted by CONTRACTOR pursuant to this Contract.
6. Scope of Work Subject to the terms of this Contract, CONTRACTOR shall perform the
Services identified in Exhibit "A" and . CONTRACTOR shall perform said Services
in accordance with generally accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing and
signed by both Parties.
8. Contract Term The Services provided under this Contract shall be completed within
168 days from the date of notice to proceed.
9. Termination
9.1 OCSD reserves the right to terminate this Contract for its convenience, with or without
Orange County Sanitation District 2 of 9 Project No. FR14-002
DRAFT CONTRACT-DO NOT SUBMIT
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cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon
receipt of a termination notice, CONTRACTOR shall immediately discontinue all work under this
Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days,
pay CONTRACTOR for work performed (cost and fee) to the date of termination.
CONTRACTOR expressly waives any claim to receive anticipated profits to be earned during
the uncompleted portion of this Contract. Such notice of termination shall terminate this
Contract and release OCSD from any further fee, cost or claim hereunder by CONTRACTOR
other than for work performed to the date of termination.
9.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's
determination that CONTRACTOR is not meeting specification requirements, if the level of
service is inadequate, or any other default of this Contract.
9.3 OCSD may also immediately cancel ult of Contract in whole or in part by
written notice to CONTRACTOR:
• if('r)NTRAf.Tr)R hernme5 in5nlvent nr filet a netitinn under the Rankri entry
• if CONTRACTOR sells its business; or
• if CONTRACTOR breaches any of the terms of this Contract; or
• if total amount of compensation exceeds the amount authorized under this Con
9.4 All OCSD property in the possession or control of CO CTOR shall be reV by
CONTRACTOR to OCSD upon demand, or at the terminallaLloflPis Contract, whichever occurs
first.
10. Insurance CONTRACTOR and all subcontractors shall purchase and maintain,
throughout the life of this Contract and any periods of warranty or extensions, insurance in
amounts equal to the requirements set forth in the sgned Acknowledgement of Insurance
Requirements (attached hereto and incorporated herein as Exhibit
CONTRACTOR shall not commence work under this Contract until all required insurance is
obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any subcontractor to
commence service pursuant to a subcontract until all insurance required of the subcontractor
has been obtained. Failure to maintain required insurance coverage shall result in termination
of thi ontract.
1 . Bonds
11.1 CONTRACTOR shall, before entering upon the performance of this Contract, furnish
bonds (attached hereto in Exhibit ) approved by OCSD's General Counsel - one in
the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful
performance of the work, and the other in the amount of one hundred percent (100%) of the
Contract price bid, to guarantee payment of all claims for labor and materials furnished. This
Contract shall not become effective until such bonds are supplied to and approved by OCSD.
Bonds must be issued by a surety authorized by the State Insurance Commissioner to do
business in California and must be maintained throughout the life of the project and during the
warranty period.
CONTRACTOR is hereby notified that it is required that the person executing the Bonds must
have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to
execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement
is to insure that the provisions of Code of Civil Procedure Section 995.630 requiring such
authority to be on file with the Orange County Clerk are satisfied in order for the OCSD and its
officers to approve the bond.
Orange County Sanitation District 3 of 9 Project No. FR14-002
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12. Indemnification and Hold Harmless Provision CONTRACTOR shall assume all
responsibility for damages to property and/or injuries to persons, including accidental death,
which may arise out of or be caused by CONTRACTOR's services under this Contract, or by its
subcontractor or by anyone directly or indirectly employed by CONTRACTOR, and whether
such damage or injury shall accrue or be discovered before or after the termination of the
Contract. Except as to the sole active negligence of or willful misconduct of OCSD,
CONTRACTOR shall indemnify, protect, defend and hold harmless OCSD, its elected and
appointed officials, officers, agents and employees, from and against any and all claims,
liabilities, damages or expenses of any nature, including attorneys' fees: fat for injury to or
death of any person or damage to property or interference with the use of property, arising out
of or in connection with CONTRACTOR's performance under the Contract, .and/or (b) on
account of use of any copyrighted or uncopyrighted material, composition, or process, or any
patented or unpatented invention, article or appliance, furnished or used under the Contract,
and/or (c) on account of any goods and services pro ed under this Contract. This
indemnification provision shall apply to any acts or omissigW, willful misconduct, or negligent
misconduct, whether active or passive, on the part of CONTRACTOR of or anyone employed by
or working imder r..QNTRA(ITpR Tn the maximum extent nermitted by law, CONTRACTOR's
duty to defend shall apply whether or not such clajr�s, allegations, lawsuits, or proceedings
have merit or are meritless, or which involve claims or allegations that any of the parties to be
defended were actively, passively, or concurrently negligent, or which otherwise assert that the
parties to be defended are responsible, in whole or in part, for any loss, damage, or injury.
CONTRACTOR agrees to provide this defense immediately #n written notice from OCSD,
and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD
13. Safety Standards and Human Resources(HR)Policies
13.1 OCSD requires all contractors and service providers to follow and ensure their
employees and all subcontractors follow all State and Federal regulations as well as OCSD
requirements while working at OCSD locations. If during the course of a contract it is
discovered that OCSD policies, safety manuals, or contracts do not comply with State or
Federal regulations then the CONTRACTOR is required to follow the most stringent regulatory
requirement at no cost to OCSD. CONTRACTOR and all their employees and subcontractors,
shall adhere to all applicable OCSD Safety Standards and Human Resources Policies found at:
OCSD.com, "Doc Central" (bottom of page), under"Safety".
1 2 In addition to the requirements stated in 13.1 above, CONTRACTOR shall adhere to the
folowing OCSD Safety requirements: SOP-102 PPE, SOP-104 Confined Space, SOP-105
LOTO, SOP-106 Hearing Conservation Program, SOP-107 Hazard Communication, SOP-108
CONTRACTOR Safety, SOP-109 Respiratory Protection Program, SOP-113 Bloodborne
Pathogen, SOP-117 Fire Prevention, SOP-118 Hot Work, SOP-206 Fall Protection, and SOP-
304 Mobile Equipment.
14. Warranties In addition to the Warranties and Guarantees required in Exhibit "A", the
following CONTRACTOR's warranty shall apply: If, within the 12-month period following
completion of its Services, OCSD informs CONTRACTOR that any part of the Services fails to
meet the standards required under this Contract, CONTRACTOR shall, within the time agreed
to by OCSD and CONTRACTOR, take all such actions as are necessary to correct or complete
the noted deficiency(ies) at CONTRACTOR's sole expense.
15. Performance Time is of the essence in the performance of this Contract and the
provisions hereof.
16. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said
Orange County Sanitation District 4 of 9 Project No. FR14-002
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party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force
Majeure condition may be rescheduled by mutual consent or may be eliminated from the
Contract.
17. Freight (F.O.B. Destination) CONTRACTOR assumes full responsibility for all
transportation, transportation scheduling, packing, handling, insurance, and other services
associated with delivery of all products deemed necessary under this Contract.
1& Familiarifv with Work By executinn this Contract. CONTRACTOR warrants that: 1) it
has investigated the work to be performed; 2) it has investigated the site of the work and is
aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of
the work under this Contract. Should CONTRACTOR discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by OCSD, it
shall immediately inform OCSD of this and shall not proce�except at CONTRACTOR's risk,
until written instructions are received from OCSD.
19. Renttlatnry Rangirements QONTR_A(.TOR ahall nerform all work under this Contract
in strict conformance with applicable federal, state, anO local regulatory requirements including,
but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and
California Water Codes Division 2. - aa
20. Licenses, Permits. Ordinances and Regulations CONTRACTOR repreV�lfs and
warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of
whatever nature that are legally required to engage in this work. Any and all fees required by
State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed
under the terms of this Contract will be paid by CONTRACTOR_
21. Applicable Laws and Regulations CONTRACTOR shall comply with all applicable
federal, state, and local laws, rules, and regulations. CONTRACTOR also agrees to indemnify
and hold harmless from any and all damages and liabilities assessed against OCSD as a result
of CONTRACTOR's noncompliance therewith.- Any permission required by law to be included
herein shall be deemed included as a part of this Contract whether or not specifically
referenced'
2rPublic Contracts Law CONTRACTOR's Employees Compensation
2 1 Davis-Bacon Act - CONTRACTOR will pay and will require all subcontractors to pay all
employees on said project a salary or wage at least equal to the prevailing rate of per diem
wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for
each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when
twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the
aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied
with are incorporated herein as a part of this Contract and referred to by reference.
22.2 General Prevailing Rate— OCSD has been advised by the State of California Director of
Industrial Relations of its determination of the general prevailing rate of per diem wages and the
general prevailing rate for legal holiday and overtime work in the locality in which the work is to
be performed for each craft or type of work needed to execute this contract, and copies of the
same are on file in the office of the engineer of OCSD. The CONTRACTOR agrees that not
less than said prevailing rates shall be paid to workers employed on this public works contract
as required by Labor Code Section 1774 of the State of California. Per California Labor Code
1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal
office and at each job site, which shall be made available to any interested party upon request.
Orange County Sanitation District 5 of 9 Project No. FR14-002
DRAFT CONTRACT-DO NOT SUBMIT
Return to Mende Report
22.3 Forfeiture For Violation - CONTRACTOR shall, as a penalty to OCSD, forfeit fifty dollars
($50.00) for each calendar day or portion thereof for each worker paid (either by the
CONTRACTOR or any subcontractor under it) less than the prevailing rate of per diem wages
as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the
California Labor Code for the work provided for in this contract, all in accordance with Section
1775 of the Labor Code of the State of California.
22.4 Annrentices — Sections 1777.5. 1777.6. 1777.7 of the Labor Code of the State of
California, regarding the employment of apprentices are applicable to this contract and the
CONTRACTOR shall comply therewith if the prime contract involves thirty thousand dollars
($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty
contractors not bidding for work through the general or prime CONTRACTOR are two thousand
dollars ($2,000.00) or more or five (5)workin ays or more
22.5 Workday — In the performance of this contract, not more than eight (8) hours shall
conctitida a days wnrk, and tha CONTRACTOR ghgll not raniiira rnnra than eight (8) hours of
labor in a day from any person employed by him hekunder except as provided in paragraph
19.2 above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at seq.)'
of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum Of
twenty five dollars ($25.00) for each worker employed in the execution of this contract by
CONTRACTOR or any subcontractor for each calendar day during which any worker is required
or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in
any one week in violation of said Article. CONTRACTOR shall keep an accurate record
showing the name and actual hours worked each calendar day and each calendar week by
each worker employed by CONTRACTOR in connection with theaject.
22.6 Record of Wages; Inspection - CONTRACTOR agrees to maintain accurate payroll
records showing the name, address, social security number, work classification, straight-time
and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentide, worker or other employee employed by it in connection with the project
and agrees to require that each of its subcontractors do the same. All payroll records shall be
certified as accurate by the applicable CONTRACTOR or subcontractor or its agent having
authority over such matters. CONTRACTOR further agrees that its payroll records and those of
its subcontractors shall be available to the employee or employee's representative, the Division
of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall
comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-
compliance with the requirements of Section 1776 may be deducted from project payments per
the requirements of Section 1776.
23. South Coast Air Quality Management District's (SCAQMD) Requirements It is
CONTRACTOR's responsibility that all equipment furnished and installed be in accordance with
the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD).
All contract work practices, which may have associated emissions such as sandblasting, open
field spray painting or demolition of asbestos containing components or structures, shall comply
with the appropriate rules and regulations of the SCAQMD.
24. Governing Law This Contract shall be governed by and interpreted under the laws of
the State of California and the Parties submit to jurisdiction in Orange County, in the event any
action is brought in connection with this Contract or the performance thereof.
25. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Contract, shall not be deemed a continuing waiver by such party of any other
Orange County Sanitation District 6 of 9 Project No. FR14-002
DRAFT CONTRACT-DO NOT SUBMIT
Return b Mende Report
provision or of any subsequent breach or violation of this Contract or default thereunder. Any
breach by CONTRACTOR to which OCSD does not object shall not operate as a waiver of
OCSD's rights to seek remedies available to it for any subsequent breach.
26. Remedies In addition to other remedies available in law or equity, if the CONTRACTOR
fails to make delivery of the goods or Services or repudiates its obligations under this Contract,
or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services,
OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD
has paid, and/or (3) "rover" by purchasing, nr contracting to purchase, substitute goods or
Services for those due from CONTRACTOR. In the event OCSD elects to "cover' as described
in (3), OCSD shall be entitled to recover from CONTRACTOR as damages the difference
between the cost of the substitute goods or Services and the contract price, together with any
incidental or consequential damages.
27. Dispute Resolution *# ss
27.1 In the event of a dispute as to the construction or interpretation of this Contract, or any
rights or nhligations harenndar, the Parties ghgll first attemnt, in gnnd faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of
the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS"), or any similar organization or entity conducting an
alternate dispute resolution process.
27.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure,
Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected,
or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators
shall select a third. Discovery may be conducted in connection with the arbitration proceeding
pursuant to California Code of Civil Procedu� Section 1283.05. The arbitrator, or three
arbitrators acting as a board, shall take such evidence and make such investigation as deemed
appropriate and shall render a written decision on the matter in question. The arbitrator shall
decide each and every dispute in accordance with the laws of the State of California. The
arbitrators decision and award shall be subject to review for errors of fact or law in the Superior
Court for the County of Orange, with a right of appeal from any judgment issued therein.
28. Attornev's Fees If any action at law or inequity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
29. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity,
and Forum for Enforcement, shall survive termination or expiration of this Contract.
30. Severability If any section, subsection, or provision of this Contract, or any agreement
or instrument contemplated hereby, or the application of such section, subsection, or provision
is held invalid, the remainder of this Contract or instrument in the application of such section,
subsection or provision to persons or circumstances other than those to which it is held invalid,
shall not be affected thereby, unless the effect of such invalidity shall be to substantially
frustrate the expectations of the Parties.
31. Damage to OCSD's Property Any of OCSD's property damaged by CONTRACTOR,
any subcontractors or by the personnel of either will be subject to repair or replacement by
Orange County Sanitation District 7 of 9 Project No. FR14-002
DRAFT CONTRACT-DO NOT SUBMIT
Return to Mends Report
CONTRACTOR at no cost to OCSD.
32. Disclosure CONTRACTOR agrees not to disclose, to any third party, data or
information generated from this project without the prior written consent from OCSD.
33. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make CONTRACTOR an OCSD
employee. During the performance of this Agreement, CONTRACTOR and its officers,
employees, and agents shall act in an independent Capacity and shall not act as OCSD's
officers, employees, or agents. CONTRACTOR and its officers, employees, and agents shall
obtain no rights to any benefits which accrue to OCSD's employees.
34. Limitations upon Subcontracting and Assignment CONTRACTOR shall not
delegate any duties nor assign any rights under this Contras ithout the prior written consent of
OGSD. Any such attempted delegation or assignment shall oid.
35. Third Parhr Rights Nnthing I this QnntrgM shall ha rnnstnied to give any rights
benefits to anyone other than OCSD and CONTRACTOR.
36. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD
shall be persgpa Ily liable to CONTRACTOR, or any successor-in-interest, in the event of any
default or bre.111ch by OCSD or for any amount which may become due to CONTRACTOR or to
its successor, or for breach of any obligation for the terms of this Agreement.
37. Read and Understood By signing this Contract, CONTRACTOR represents that he
has read and understood the terms and conditions of the Contwt.
36. Authority to Execute The persons executing this Contract on behalf of the Parties
warrant that they are duly authorized to execute this Contract and that by executing this
Contract, the Parties are formally bound. y
39. Entire Contra his Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings,
and negotiations between the Parties with respect to the subject matter hereof.
*0"40
Orange County Sanitation District 8 of 9 Project No. FR14-002
DRAFT CONTRACT-DO NOT SUBMIT
Return to Mende Rom
40. Notices All notices under this Contract must be in writing. Written notice shall be
delivered by personal service or sent by registered or certified mail, postage prepaid, return
receipt requested, or by any other overnight delivery service which delivers to the noticed
destination and provides proof of delivery to the sender. Rejection or other refusal to accept or
the inability to deliver because of changed address or which no notice was given as provided
hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall
be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Vall , CA 92708-7018
CONTRACTOR: Company
Each party shall provide tedulyauthorized
rt written notice of any4chan s as
practicable.
IN WITNESS WHEREOF, be legally bound,-*g aused this
Contract to be signed b*th representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: y:
Chair Board of Directors
Dated: rF y:
Clerk of the Board
By:
Contracts/Purchasing Manager
COMPANY
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District 9 of 9 Project No. FR14-002
DRAFT CONTRACT-DO NOT SUBMIT
BOARD OF DIRECTORS Neebng Dare To ad.of Dir.
07/02/14 --
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: EXTENSION OF INTERPLANT GAS LINE MAINTENANCE CONTRACT
GENERAL MANAGER'S RECOMMENDATION
Authorize an increase of $60,000 to a sole source Professional Services Agreement
with Liberty Pipeline Services, LLC; Purchase Order No.104954-OA, for interplant gas
line maintenance and extend the contract term for four (4) additional months,
July 1, 2014 through October 31, 2014, for a total amount not to exceed $134,690.
SUMMARY
The current purchase order agreement with Liberty Pipeline Services to maintain the
interplant gas line expires June 30, 2014. During the contract period other service
providers have been identified. The current contract now needs to be extended four
months to allow enough time to complete a fair and open bid process for a new
contract.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Digester gas is generated at both treatment plants by the decomposition of solids
removed from the wastewater. The interplant gas line connects the two treatment
plants allowing the transfer of the digester gas between the two Central Generation
Power stations. The interplant gas line was recently brought back into service after
being rehabilitated to meet more stringent Department of Transportation requirements.
As part of the capital rehabilitation project a one-year maintenance contract was sole
sourced to Liberty Pipeline Services, which expires in June 2014.
CEQA FINDINGS
N/A
Page 1 of 2
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This Service Agreement has been budgeted in the Operating Funds,
Division 340, Line Items 93, 109, and 110. No budget increase is being requested.
Date of Approval Total Contract Amount Contingency
07/02/2014 $ 134,690 $0
ATTACHMENTS
The following attachment(a) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
Original Purchase Order No. 104954-OA
Page 2 of 2
ORANGE COUNTY SANITATION DISTRICT PURCHASE ORDER 10944 Ellis Avenue P.O. No. 104954 0A
Fountain Valley,CA 92708-7018
Telephone:(714)962-2411 B Clarice Martin
FAX No.(714)593-7784 IX-N WNIIRM-PROCESS ASAP
Send Invoices Attention Accounts Payable BR /PLANT 231
PAGE No. 1 of 1
SU PPLIER:646004 SHIP TO: ORDER DATE 12/25/2013
rPITKIN
ERVICES,LLC BUS-O- Orange County Sanitation District REQ 06/30/2014
D,SUITE 175 FAX-O- 10844 Ellis Avenue DELIVERY
Fountain Valley CA 92708-7018 FOB DESTINATION-PREPAID
NO FRIDAY DELIVERIES CONTACT
INSTRUCTIONS:
Direct all inquiries to Clarice Martin at(714)593-7585.
NOTE:MATERIAL SAFETY DATA SHEETS REQUIRED FOR HAZARDOUS MATERIALS.
THIS PROCUREMENT IS IN ACCORDANCE WITH ALL TERMS&CONDITIONS THAT APPEAR ON THE
REVERSE SIDE OF THIS DOCUMENT UNLESS OTHERWISE STATED BELOW
FAILURE TO PROVIDE THE PREPAID FREIGHT BILL WITH THE INVOICE SHALL DELAY PAYMENT
Line Extended OCSD
No. Stock Number/Item Description Price Reference
1 ROU 74,690.00 00082763-OR
SERVICE/TRAINING
INTERPLANT GAS LINE SERVICE
LIBERTY PIPELINE SERVICES
PROVIDE INTERPLANT GAS LINE DOT OPERATOR QUALIFIED SERVICES AND PROFESSIONAL
TRAINING AND QUALIFICATION
VERIFICATION SERVICES.ALL WORK TO BE DONE IN ACCORDANCE WITH THE AGREEMENT
FULLY EXECUTED ON DECEMBER 18,2013.
Total amount LATE:$ 74,690.00
Subledger:81011019
CONTRACT TERM:DECEMBER 25,2023 THROUGH TUNE 30,2014.
OCSD CONTACT:DAVE HALVERSON,EXT 7049
Req#82763 PO#104954-OA CMM 12-18-13
SSl#818
Tax Rate Sales Tax Total Order NO FRIDAY DELIVERIES
74,690.00
Buyer/CA:dtAz Date:/2/;9- nager: Date: �����
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OPERATIONS COMMITTEE Meeting Date TOBA.Of Dir.
07/02/14 o723/1a
AGENDA REPORT Item Number Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: BIOGAS SCRUBBING PROCESS — ENGINEERING EVALUATION BY
CAROLLO ENGINEERS
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Sole Source Agreement with Carollo Engineers to evaluate the
feasibility and cost-effectiveness of a proprietary biogas cleaning process, for a
total amount not to exceed $106,075; and
B. Approve a contingency of$10,600 (10%)
SUMMARY
Biogas produced by Orange County Sanitation District's (Sanitation District) anaerobic
digesters is used as fuel for generating electricity with stationary internal combustion
engine/generators. Certain contaminants in the gas, particularly hydrogen sulfide and
siloxanes, must be removed first. Currently this is done by adding ferric chloride to the
digesters and putting the gas through activated carbon beds, but this is very expensive.
The Sanitation District is evaluating a new process that takes advantage of a
wastewater treatment plant's abundant water supply. It uses a simple mixer and a
gas/water separator to scrub the gas of contaminants. Due to the low solubility of
methane (the fuel component of biogas) compared to the contaminants, nearly all the
methane is recovered. The process was tested for proof-of-concept last year. The
results showed high removals of hydrogen sulfide (100%) and siloxanes (98%). The
system is expected to be powered by the existing plant water pump station capacity.
The next step that is needed is an engineering evaluation of the feasibility and cost-
effectiveness of using this process at full scale in Sanitation District's treatment plants.
If that evaluation is positive, the likely next step would be a large pilot test at one plant.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
Page 1 of 2
CEQA
This is not a project as defined by CEQA and therefore does not require CEQA action.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted for FY 2013-14 (Budget Update Page A-12,
Item #134) as part of the operational research program.
Date of ADDroval Contract Amount Continaencv
07/23/14 $106,075 $10,600
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Page 2 of 2
OPERATIONS COMMITTEE Meath,pate TOBA.Of DIl.
071021 o723/ia
AGENDA REPORT Item Number Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: SOUTHWEST COSTA MESA TRUNK, PROJECT NO. 6-19
GENERAL MANAGER'S RECOMMENDATION
A. Consider, receive, and file the Final Environmental Impact Report for the
Southwest Costa Mesa Trunk, Project No. 6-19, dated July 23, 2014; and
B. Adopt Resolution No. OCSD 14-XX entitled; "A Resolution of the Board of
Directors of the Orange County Sanitation District, Certifying the Final
Environmental Impact Report for implementation of Southwest Costa Mesa
Trunk, Project No. 6-19; making certain findings relating to environmental effects
identified in the Final Environmental Impact Report; adopting a Mitigation
Monitoring and Reporting Program; adopting a Statement of Overriding
Considerations; and approving the Southwest Costa Mesa Trunk, Project
No. 6-19:'
SUMMARY
The Southwest Costa Mesa Trunk, Project No. 6-19, will construct a new trunk sewer
connecting the west side of Costa Mesa to Treatment Plant No. 2 located in Huntington
Beach. The purpose of the proposed project is to consolidate facilities and reduce the
reliance on pump station infrastructure. This would reduce the overall risks associated
with potential facility failure and the long-term operational, maintenance, and
replacement costs associated with pump station infrastructure.
Specifically, the Costa Mesa Sanitary District and the City of Newport Beach have eight
pump stations in this area. These pump stations need to either be completely replaced
or abandoned. This project will eliminate a capacity shortage in the Orange County
Sanitation District's (Sanitation District) existing Fairview Trunk Sewer and allow the
local agencies to abandon eight pump stations. The proposed Southwest Costa Mesa
Trunk will also increase overall system reliability.
The Final Environmental Impact Report (FEIR) found that while certain impacts can be
mitigated to less than significant levels, the project will potentially result in significant
and unavoidable impacts including temporary noise impacts during construction
activities. For this reason, a Statement of Overriding Considerations identifying the
project's expected benefits has been prepared for the Board's consideration.
The Draft EIR was circulated for a 45-day public review on November 14, 2013 and
ended on December 30, 2013. A public hearing was held on December 3, 2013.
Page 1 of 2
Thirteen comment letters were received during the public review period, including
comments from numerous public agencies and members of the public. These
comments raised issues ranging from the project's potential biological resources
impacts to the project's potential traffic impacts. Pursuant to CECIA Guidelines Section
15088(c), the FEIR includes written responses to those comments.
Since the publication of the Draft EIR, the Sanitation District has worked extensively
with the U.S. Fish & Wildlife Service (USFWS) to address the project's potential
biological resources impacts. The Sanitation District met with USFWS staff at Talbert
Regional Park to discuss and refine the project's alignment to reduce the project's
potential biological resources impacts. These refinements are accepted by the USFWS
and are reflected in the Biological Resources analysis in the FEIR, and in the responses
to comments. Additional modifications will be addressed during permit process as
requested by USFWS.
PRIOR COMMITTEE/BOARD ACTIONS
November 2011 — Approved a Professional Design Services Agreement with Dudek for
Southwest Costa Mesa Trunk, Project No. 6-19, providing for engineering design
services for an amount not to exceed $884,025 and approved a contingency of
$132,602 (15%).
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.corn with the
complete agenda package and attachments:
• Exhibit A: Draft Resolution No. OCSD 14-XX (attached)
• Attachment A, Findings and Statement of Overriding Considerations (14 Pages)
• Attachment B, Mitigation Monitoring and Reporting Program (MMRP) (48 Pages)
VP:dm:gc
Page 2 of 2
Return to Mende Report
"Exhibit A"
RESOLUTION NO. OCSD 14-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
SOUTHWEST COSTA MESA TRUNK SEWER, PROJECT NO.
6-19; ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; ADOPTING A MITIGATION MONITORING
AND REPORTING PROGRAM; AND APPROVING THE
SOUTHWEST COSTA MESA TRUNK SEWER, PROJECT
NO. 6-19
WHEREAS, the Orange County Sanitation District (the "District') is presently
considering the approval of a project known as the Southwest Costa Mesa Trunk
Sewer, Project No. 6-19 (the "Project'); and
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code Sections 21000 at seq. ("CEQA") and the CEQA Guidelines (California
Code of Regulations, Title 14, Sections 15000 at seq., the District as lead agency
prepared a Draft Environmental Impact Report (the "Draft EIR") for the Project that
analyzes the potential significant impacts of the Project, identifies mitigation measures,
and identifies alternatives to the Project; and
WHEREAS, the District has consulted with other public agencies and the general
public, and provided such agencies and the public with the opportunity to provide written
and oral comments on the Project and the Draft EIR as required by CEQA, including a
public review period of 45 days which commenced on November 14, 2013 and ended
on December 30, 2013; and
WHEREAS, on December 3, 2013, OCSD staff held a public hearing to provide a
further opportunity for public agencies and the general public to comment on the Draft
EIR; and
WHEREAS, the District has reviewed the comments received and responded to
the significant environmental issues raised during the review and consultation process;
and
1001N3.1
"Exhibit A"
WHEREAS, the comments received on the Draft EIR, either in full or in summary,
together with the District's responses have been included in the Final EIR for the
proposed Project; and
WHEREAS, the Final Environmental Impact Report, consisting of the Draft EIR
and the Responses to Comments Received on the Draft EIR (the "Final EIR"), has been
presented to the District's Board of Directors (the "Board") for review and consideration
prior to the approval of, and commitment to, the Project.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District DOES HEREBY RESOLVE, DETERMINE AND ORDER:
1. The Board has independently reviewed and considered the Final EIR prior to
approval of, or commitment to, the Project;
2. The Final EIR reflects the independent judgment and analysis of the Board;
3. The Board makes the findings set forth herein as Attachment A and certifies
that such findings are based on the Board's independent review of the
information contained in the Final EIR and reflect the independent judgment
and analysis of the Board;
4. Changes or alterations have been required in, or incorporated into, the
Project which avoid or substantially lessen certain significant effects of the
proposed Project;
5. Certain environmental impacts of the Project are significant and unavoidable;
6. The Board adopts the Statement of Overriding Considerations, attached as
Attachment A, which identifies the specific benefits of the Project that
outweigh the Project's significant and unavoidable impacts which are
acceptable in light of the Project's benefits;
7. The Board adopts the Mitigation Monitoring and Reporting Program (the
"MMRP"), attached as Attachment B to ensure that all mitigation measures
identified in the Final EIR are implemented;
8. The Final EIR has been completed in compliance with the requirements of
CEQA and is hereby certified;
9. The Board approves the Southwest Costa Mesa Trunk Sewer, Project
No. 6-19.
1001N3.1
Return to Mende Report
"Exhibit A"
10.The documents and other materials that constitute the record of proceedings
on which the Board's decision is based, are located at the District
Administration Offices, 10844 Ellis Avenue, Fountain Valley, CA 92708 and
the custodian for these documents is the Clerk of the Board.
11.District staff is authorized and directed to file the Notice of Determination
(NOD) and any other documents in accordance with the requirements of
CEQA
PASSED AND ADOPTED at a regular meeting held July 23, 2014.
Tom Beamish, Board Chair
ATTEST:
Maria E. Ayala, Clerk of the Board
1001N3.1
"Attachment A"
FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR THE
SOUTHWEST COSTA MESA TRUNK SEWER PROJECT NO. 06-19
SCH No. 2013041049
July 2014
SECTION 1 : THE PROJECT
I. Project Description
The Orange County Sanitation District (OCSD), as CEQA Lead Agency, proposes to implement
the Southwest Costa Mesa Trunk Sewer Project No. 6-19 (proposed project), which includes the
construction of a new trunk sewer from the existing Newport Beach Pump Station (NBPS) site at
the west end of Walkabout Circle (OCSD sewer pipeline) to the OCSD Interplant Line in
Brookhurst Street in Huntington Beach. The proposed project also includes the construction of
several Costa Mesa Sanitary District (CMSD) and City of Newport Beach pipelines connecting
to the proposed OCSD sewer pipeline, and the abandonment of several CMSD and City of
Newport Beach pump stations. CMSD and the City of Newport Beach are responsible agencies
for these components of the proposed project. The project area is located primarily within
Talbert Regional Park, Canyon Park, and OCSD Plant No. 2, in the Cities of Costa Mesa,
Newport Beach, and Huntington Beach, California. The project area extends into residential
neighborhoods adjacent to Canyon Park in the Cities of Costa Mesa and Newport Beach.
The proposed project consists of two main components: the OCSD Sewer Pipeline; and CMSD
and City of Newport Beach Facilities.
OCSD Sewer Pipeline
The OCSD sewer pipeline component of the proposed project will consist of approximately
4,800 feet of pipeline that will be constructed in the following three sequential segments:
1. Approximately 3,500 linear feet of 24-inch-diameter gravity sewer from the NBPS at the
west end of Walkabout Circle south along the eastern border of Talbert Regional Park
and then west from the western terminus of 19th Street toward the Santa Ana River.
2. Approximately 800 linear feet of a dual 14-inch barrel inverted sewer siphon beneath the
Santa Ana River. Pipe diameters may be adjusted during final design to optimize cleaning
velocity and maintenance criteria.
3. Approximately 500 linear feet of 24-inch-diameter gravity sewer from the west end of the
inverted sewer siphon to the existing OCSD Interplant Line in Brookburst Street.
998600.1
Return to Aaenda Report
CMSD and City of Newport Beach Facilities
The proposed OCSD sewer pipeline would allow for the consolidation of both CMSD and City
of Newport Beach sewer pipelines in the area surrounding the existing NBPS. Following
construction of the proposed OCSD sewer pipeline, CMSD and the City of Newport Beach will
construct new pipelines to connect areas within the cities of Costa Mesa and Newport Beach to
the upstream end of the proposed OCSD sewer pipeline. CMSD would also facilitate the
abandonment of six CMSD pump stations and one private pump station, and the City of Newport
Beach would facilitate the abandonment of the NBPS, located at the end of Walkabout Circle.
The proposed pipelines would include the following:
• A new 24-inch gravity sewer from the service areas of the Canyon Pump Station (CMSD
No. 7)and West Bluff Pump Station(CMSD No. 20)to the existing sewer in Canyon Park.
• A new 12-inch gravity sewer from the service areas of the Aviemore Terrace Pump Station
(CMSD No. 5)and Sea Bluff Pump Station(CMSD No. 16)to a connection with a new 18-
inch sewer carrying flow westerly from an existing gravity sewer in Canyon Park.
• A new 18-inch sewer from Canyon Park picking up flows from the service areas of Canyon
Pump Station (CMSD No. 7), West Bluff Pump Station (CMSD No. 20), President Pump
Station (CMSD No. 14), Aviemore Terrace Pump Station (CMSD No. 5), and Sea Bluff
Pump Station (CMSD No. 16) to the new OCSD Sewer Pipeline Project No. 6-19 in the
vicinity of the NBPS at the west end of Walkabout Circle
• A new 12-inch sewer from the service area of the 19th Street Pump Station (CMSD
No. 1) and the West 18th Street Private Pump Station (private) to the new OCSD Sewer
Pipeline in the vicinity of the west end of 19th Street.
After the proposed CMSD and City of Newport Beach pipelines are completed and the proposed
OCSD sewer pipeline is completed, the following existing pump stations, shown in Figure 3-4,
would be abandoned by CMSD and the City of Newport Beach:
• President Pump Station (CMSD No. 14)
• West Bluff Pump Station(CMSD No. 20)
• Canyon Pump Station(CMSD No. 7)
• Aviemore Terrace Pump Station(CMSD No. 5)
• Sea Bluff Pump Station (CMSD No. 16)
• 19th Street Pump Station(CMSD No. 1)
• West 18th Street Private Pump Station
• City of Newport Beach Pump Station at Walkabout Circle.
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2 May 2014
li. Project Purpose and Objectives
The purpose of the proposed project is to consolidate facilities and reduce the reliance on
pump station infrastructure. This would reduce the overall risks associated with facility
failure and the long-term operational, maintenance, and replacement costs associated with
pump station infrastructure.
In addition, the proposed project would successfully divert flows from the Fairview Road Trunk
Sewer, currently planned for upsizing to accommodate ultimate system flows. This diversion is
expected to eliminate the need for upsizing of the Fairview Road Trunk Sewer, saving
infrastructure replacement costs and impacts to the public during its construction phase.
The objectives for the proposed project include the following:
• Provide a reliable conveyance system for projected 2030 wastewater flows tributary to
each of the existing sewer pump stations proposed to be abandoned.
• Provide infrastructure that may be efficiently maintained and easily accessed in the event
of an emergency.
• Reduce the risk of spills in the local agency wastewater collection system due to system failure.
• Avoid operational risks associated with pump stations in the wastewater collection system.
• Avoid substantial disruption in the Talbert Nature Preserve for construction and operation.
• Avoid the need for new easements from private property owners.
• Avoid substantial traffic disruption during the construction phase,particularly on Victoria
Street and Hamilton Avenue.
• Provide a solution that reduces the potential for chronic noise and odor complaints.
SECTION 2: ENVIRONMENTAL REVIEW PROCESS
The lead agency approving the project and conducting environmental review under the
California Environmental Quality Act (California Public Resources Code Sections 21000, et
seq., and the Guidelines promulgated thereunder in California Code of Regulations, Title 14,
Sections 15000 et seq (CEQA Guidelines), hereinafter collectively, CEQA) shall be the Orange
County Sanitation District (OCSD). OCSD as lead agency shall be primarily responsible for
carrying out the project. In compliance with Section 15082 of the CEQA Guidelines, OCSD
published a Notice of Preparation on April 16, 2013, which began a 30-day period for comments
on the appropriate scope of the project Environmental Impact Report (EIR). Pursuant to the
CEQA Guidelines, Section 15083, a public scoping meeting was held at 6:30 p.m. on May 2,
2013, at the OCSD Administrative Office Building in the Board Room. A public notice was
placed in the Orange County Register on April 17 and April 21, 2013, informing the public of
the availability of the NOP and the scoping meeting. The scoping meeting was held to provide
the public an opportunity to voice comments or concerns regarding potential effects of the
7193
3 May 2014
Return to Aaenda Report
proposed project and the issues to be included in the EIR. With the exception of OCSD, no
agency staff,private citizens, or community groups attended the meeting.
OCSD published an Environmental Impact Report in November 2013 in compliance with
CEQA. Pursuant to CEQA Guidelines section 15085, upon publication of the FIR, OCSD filed a
Notice of Completion with the Governor's Office of Planning and Research, State
Clearinghouse, indicating that the FIR had been completed and was available for review and
comment by the public. OCSD also posted a Notice of Availability of the EIR in the Orange
County Register on November 14, 2013, November 17, 2013, and November 20, 2013 pursuant
to CEQA Guidelines section 15087. The EIR was circulated for 45 days for public review and
comment from November 14, 2013 to December 30, 2013. OCSD also held a public hearing on
December 3, 2013,to receive comments on the EIR during the 45-day review period.
The final EIR for the project was published on FIBD], 2014. The final EIR includes responses to
comments received during the public comment period The final EIR has been prepared in accordance
with CEQA Guidelines. Pursuant to CEQA Guidelines section 15084(d)(3), the applicant retained a
consultant Dudek,to assist with the preparation of the environmental documents.OCSD, acting as the
Lead Agency,has reviewed and edited as necessary the submitted drafts and certified that the final EIR
reflects its own independent judgment and analysis under CEQA Guideline Section 15090(a)(3) and
Public Resources Code Section 21082.1(a)-(c).
The EIR addresses the environmental effects associated with implementation of the project. The EIR is
intended to serve as an informational document for public agency decision-makers and the general
public regarding the objectives and components of the project. The EIR addresses the potential
significant environmental impacts associated with the project, and identifies feasible mitigation
measures and alternatives that may be adopted to reduce or eliminate these impacts. The EIR is
incorporated by reference into this CEQA findings document.
The EIR is the primary reference document for the formulation and implementation of a
mitigation monitoring and reporting program (MMRP) for the project Environmental impacts
cannot always be mitigated to a level that is considered less than significant In accordance with
CEQA, if a lead agency approves a project that has significant unavoidable impacts that cannot
be mitigated to a level below significance, the agency must state in writing the specific reasons
and overriding considerations for approving the project based on the final CEQA documents and
any other information in the public record for the project. (CEQA Guidelines, § 15093). This is
called a"statement of overriding considerations."(CEQA Guidelines, § 15093).
The documents and other materials that constitute the record of proceedings on which OCSD's
CEQA findings we based are located at the OCSD Administrative Office Building at 10844 Ellis
Avenue, Fountain Valley, CA 92708, and on the OCSD website at www.ocsd.com. This
information is provided in compliance with CEQA Guidelines Section 15091(e).
7193
4 May 2014
SECTION 3: FINDINGS
I. Introduction
CEQA states that no public agency shall approve or carry out a project which identifies one or
more significant environmental impacts of a project unless the public agency makes one or more
written findings for each of those significant effects, accompanied by an overriding justification
and rationale for each finding in the form of a statement of overriding considerations. The
possible findings are:
Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant environmental effects on the environment.
Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been or can or should be adopted by that other
agency and not the agency making the findings. Such changes have been adopted
by such other agency or can and should be adopted by such other agency.
Specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained
workers, make infeasible the mitigation measures or project alternatives identified
in the final EIR.
(Public Resources Code §§ 21081etseg; CEQA Guidelines §§ 15091 et seq.).)
CEQA requires that the lead agency adopt mitigation measures or alternatives where feasible to
avoid or mitigate significant environmental impacts that would otherwise occur with the
implementation of the project. Project mitigation or alternatives are not required,however, where
they are infeasible or where a mitigation measure is within another agency's responsibility and
jurisdiction. (CEQA Guidelines § 15091(a)) For those significant impacts that cannot be
mitigated to a less than significant level, the lead agency is required to find that specific
overriding economic, legal, social, technological, or other benefits of the proposed project
outweigh the significant effects on the environment (Public Resources Code § 21081(b) and
CEQA Guidelines § 15093) If such findings can be made, the CEQA Guidelines state in Section
15093(a) that "the adverse environmental effects may be considered acceptable." CEQA also
requires that the findings made pursuant to Section 15091 be supported by substantial evidence
in the record(CEQA Guidelines, § 15091(b)). Under CEQA, substantial evidence means enough
relevant information has been provided (reasonable inferences from this information may be
made) to support a conclusion, even though other conclusions might also be reached. Substantial
evidence includes facts, reasonable assumptions predicated on facts, and expert opinion
supported by facts (CEQA Guidelines, § 15384).
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5 May 2014
Return to Aaenda Report
The findings reported in the following pages incorporate the facts and discussions in the FIR for
the Project as fully set forth therein. For each of the significant impacts identified in the FIR, the
following sections are provided:
• Description of Significant Effects: A specific description of the environmental effects
identified in the FIR, including a conclusion regarding the significance of the impact.
• Finding: One or more of the three specific findings set forth in CEQA Guidelines
Section 15091.
• Mitigation Measures: Identified feasible mitigation measures or actions, that are required
as part of the project, and if mitigation is infeasible, the reasons supporting the finding
that the mitigation is infeasible.
• Rationale: A summary of the reasons for the finding(s).
• Reference: A citation to the specific section in the EIR addressing the identified impact
including the evidence supporting the finding.
For environmental impacts that are identified in the EIR as less than significant and do not
require mitigation,a statement explaining why the impacts me less than significant is provided.
II. Environmental Impacts That Are Less Than Significant and Do
Not Require Mitigation
The District hereby finds that the following environmental impacts will be less than significant.
A.Aesthetics
1. Adverse Effect on Scenic Vista: Construction and operation of the proposed sewer
pipelines and abandonment of the sewer pump stations would have minimal effects on
scenic vistas in the area. Brief views of construction activities occurring in Talbert
Regional Park from the short segment of Pacific Coast Highway designated as a scenic
vista by the City of Huntington Beach may be available to southbound motorists;
however, views would be obscured by distance and would be partially screened by
intervening built and natural elements. Also, because aboveground facilities are not
proposed (pipelines would be installed underground), the project would not affect views
from the roadway during operations. Therefore, the proposed project would have a less
than significant impact on designated scenic vistas in the vicinity.
Reference.: EIR pp. 4.1-11 to pp. 4.1-12
2. Adverse Effect on a Scenic Resource: There are no officially designated state scenic
highways located within the project area. Distant views of Talbert Regional Park and
OCSD construction activities in the park may be visible to southbound motorists on a
short segment of Pacific Coast Highway (an eligible but not officially designated state
7193
6 May 2014
scenic highway). However, views would be intermittent, brief, and screened by
intervening topography and vegetation. Therefore, because views to Talbert Regional
Park would be distant, brief, and partially obstructed, construction activities would not
impact the highway or its scenic eligibility status (proposed pipelines would be installed
underground would therefore not be visible). Construction and operation would not
impact scenic resources within a designated state scenic highway corridor and, overall,
impacts would be less than significant.
Reference.: EIR pp. 4.1-12
3. Visual Character (Construction): Construction activities would be concentrated within
areas of existing disturbance located along the boundaries of parks, and the majority of
project impacts would be to developed land and disturbed habitat (within Talbert
Regional Park) and ornamental vegetation (within Canyon Park); therefore, the
established visual character and quality of Talbert Regional Park and Canyon Park would
be largely maintained during construction and impacts would be less than significant.
Reference.: EIR pp. 4.1-13
4. Visual Character(Construction): Construction personnel and equipment would visit each
pump station site and perform the necessary work within the footprint of the existing
pump station. Therefore, construction would not be anticipated to impact surrounding
vegetation, and because construction activities would not be stationary at any of the pump
stations for a prolonged period of time, they would not substantially degrade the existing
visual character of the area. As such, impacts would be less than significant.
Reference: EIR pp. 4.1-13
5. Visual Character (Construction): Construction activities associated with the installation
of sewer pipelines in existing roads (i.e., Brookhurst Street, Canyon Drive, and 19th
Street) would not substantially degrade the existing character of neighborhoods.
Residential neighborhoods along Brookhurst Street, Canyon Drive, and 19th Street are
supported by overhead electrical and communication utility lines; tall, narrow
streetlights; storm drains; and pump stations; and the introduction of new sewerage would
not degrade the existing visual character of the area. Therefore, impacts would be less
than significant.
Reference: EIR pp. 4.1-13 to pp. 4.1-14
6. Visual Character (Operation): During operation, the proposed sewer pipelines would not
be visible and would therefore not degrade the visual character of the proposed project
area. All disturbed areas would be restored to preconstruction conditions and impacts
would be less than significant.
Reference: EIR pp. 4.1-12 to pp. 4.1-14
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7. Source of Ligbt/Glare (Construction): Construction activities associated with the
proposed project will comply with the permitted hours of construction established by the
Cities of Costa Mesa, Huntington Beach, and Newport Beach. Therefore, because
nighttime construction would not occur in association with the installation of the
proposed sewer pipelines and abandonment of existing pump stations, nighttime lighting
would not be required. With regard to glare,the introduction of construction vehicles and
equipment to Talbert Regional Park, to Canyon Park, and at staging areas associated with
the proposed sewer pipeline would not generate substantial new sources of glare. Impacts
would be less than significant.
Reference.: EIR pp. 4.1-14 to pp. 4.1-15
8. Source of Light/Glue(Operation): Once the proposed sewer pipelines are installed, open
trenches would be backfilled and HDD entry and exit points would be restored (all areas
disturbed during construction would be restored to their preconstruction conditions).
Because the proposed sewer pipelines would be installed underground and no new
aboveground facilities or sources of ligbfing are proposed, the proposed project would
not introduce new sources of light or glare and impacts would be less than significant.
Reference.' EIR pp. 4.1-15
B.Air Quality
1. Conflict with Applicable Air Quality Plan: The proposed project would not conflict with
or propose to change existing land uses or applicable policies as designated in the City of
Costa Mesa General Plan Conservation Element, the City of Huntington Beach General
Plan Air Quality Element, or the City of Newport Beach General Plan Update EIR Air
Quality Assessment. Since growth data from these plans were used as a basis for the
SCAQMD 2012 Air Quality Management Plan (AQMP), the proposed project would not
conflict with AQMP, which is the current applicable air quality plan. Impacts would be
less than significant.
Reference: EIR pp. 4.2-13
2. Violate Air Quality Standards (Construction): Construction of the proposed project would
result in a temporary addition of pollutants to the local airshed caused by soil disturbance,
dust emissions, and combustion pollutants from on-site construction equipment, as well
as from personal vehicles, vendor/delivery trucks, and off-site haul trucks. Daily
construction emissions would not exceed the thresholds for VOCs,NO., CO, SO„PM lo,
or PM2.5. As such, the proposed project would result in a less than significant impact
during construction.
Reference: EIR pp. 4.2-13 to pp. 4.2-16
3. Violate Air Quality Standards (Operation): Operational vehicle trips associated with
inspection, maintenance, and repair of the sewer mains and laterals would periodically
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occur; however, inspection and maintenance activities are already occurring under
existing conditions as performed by existing staff. Operational emissions would be less
than significant.
Reference: EIR pp. 4.2-16 to pp. 4.2-17
4. Cumulatively Considerable Net Increase: construction emissions from the proposed
project would not exceed SCAQMD significance thresholds. The proposed project is not
anticipated to generate substantial operational emissions. Furthermore, the project would
not conflict with the SCAQMD 2012 AQMP, which addresses the cumulative emissions
in the South Coast Air Basin (SCAB). Accordingly, the proposed project would not result
in a cumulatively considerable increase in emissions of nonattainment pollutants and
impacts would be less than significant.
Reference.: EIR pp. 4.2-17
5. Exposure of Sensitive Receptors to Pollutant Concentrations: sensitive receptors are
located within the project area (the closest being the residences within approximately 50
feet of the proposed pipelines), operation of equipment would occur for a very short
duration (i.e., 1-2 days) in any one area, as approximately 30-60 feet of pipeline would be
constructed each day. Construction activities would not generate substantial emissions of
TACs, specifically diesel exhaust particulate matter, and impacts to sensitive receptors in
the vicinity of project construction would be less than significant. Operation of the
proposed sewer mains and laterals would not result in direct emissions (e.g., those from a
point source such as stationary boilers or engines). Thus, it would not result in exposure to
sensitive receptors in the vicinity of the project, and impacts would be less than significant.
Reference: EIR pp. 4.2-18
6. Odors (Construction): Potential sources that may emit odors during construction activities
include diesel equipment and gasoline fumes and asphalt paving material. Odors from
these sources would be localized and generally confined to the project site. As such,
proposed project construction would not cause an odor nuisance, and odor impacts would
be less than significant.
Reference: EIR pp. 4.2-18 to pp. 4.2-19
7. Odors (Operation): Included in the proposed project's purpose and objectives is avoiding
the potential for chronic odor complaints due to force-main air release appurtenances
required at high points in the pipeline profile. Emanation of foul odor is not anticipated to
be a significant issue. If necessary, foul air generation would be prevented by raising the
pH of the wastewater by upstream addition of magnesium hydroxide solution or other
odor control method tailored to the resulting conditions. Project operations would result
in a less than significant impact.
Reference: EIR pp. 4.2-19
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C. Biological Resources
1. Direct Impacts to Special-Status Plant Species: Permanent direct impacts to 47
individual southern tarplant (0.01 acre) represent approximately 1% of the individuals
within the study area. These individuals occur within or adjacent to dirt roads and in
other disturbed conditions that are present throughout the project area and are subject to
impacts for regular park activities (vehicle use, bicycling, trampling, pets, etc.). This
level of impact has not precluded the species from persisting within the Talbert Nature
Preserve and this permanent impact would not appreciably reduce the population size,
affect the status of the species, or the species' ability to persist within this area and is
therefore less than significant.
Reference.: EIR pp. 4.3-24
2. Direct Impacts to Special-Status Wildlife Species: Permanent and temporary direct
impacts to annual grassland, mderal, developed land, disturbed habitat, and ornamental
vegetation communities and land cover types are considered less than significant because
these areas do not support habitat for special-status species.
Reference.: EIR pp. 4.3-25
3. Indirect Impacts to Special-Status Wildlife Species: Potential short-term indirect impacts
to special-status wildlife in the project study area would primarily result from
construction activities and include impacts related to or resulting from the generation of
fugitive dust,noise, chemical pollutants, increased human activity, and non-native animal
species. Short-term indirect impacts to annual grassland, ruderal, developed land,
disturbed land, and ornamental vegetation communities and land cover types would not
be significant because these areas do not support habitat for special-status species. In
particular, annual grassland and mderal areas are too small to support significant raptor
foraging habitat or use by special-status mammal species. Special-status wildlife species
primarily rely upon the wetland/riparian and coastal sage scrub communities within
Talbert Nature Preserve and would therefore not be significantly affected by temporary
impacts to other communities/land covers.
Special-status wildlife species use of areas more than 300 feet north, west, and east of
Talbert Regional Park is highly limited. There may be some occasional perching on street
trees and other ornamental vegetation within these urbanized areas, but nesting is not
expected to occur. The 300-foot distance is a commonly accepted safe distance beyond
which indirect impacts are not likely to affect special-status vegetation communities (CBI
2000). Therefore, construction and maintenance in developed streets more than 300 feet
from Talbert Regional Park would result in less than significant impacts to special-status
wildlife species.
Reference.: EIR pp. 4.3-26
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4. Indirect Impacts to Special-Status Wildlife Species: Noise generated by future
maintenance and repair during the non-breeding season may affect off-site light-footed
clapper rail, but these events are expected to be infrequent and short in duration such that
impacts would be less than significant.
Reference: EIR pp. 4.3-26
5. Direct Impacts to Non-Special-Status Vegetation Communities: Permanent impacts to
non-special-status vegetation communities and land cover types (ruderal, developed land,
and disturbed land) are considered less than significant as these communities are not rare
and do not support special-status species.
Reference.: EIR pp. 4.3-28
6. Conflict with Local Policies or Ordinances Protecting Biological Resources: As discussed
in Section 4.9, Land Use and Planning, Tables 4.9-4, 4.9-5,4.9-6, and 4.9-7,the proposed
project would be in compliance with all local policies and ordinances protecting
biological resources. The proposed project would also be in compliance with the City of
Costa Mesa General Plan Conservation Element Policies CON-1A.1 and CON-1A.5,
with mitigation. In addition, the proposed project would be in compliance with the City
of Huntington Beach General Plan Land Use Element Policy LU 5.1.1 and Coastal
Element Policies C-6.1.3 and C-7.1.2. Furthermore, the proposed project would be in
compliance with the City of Newport Beach General Plan Natural Resources Element
Policies 10.5, 10.6, 13.1, and 13.2. Since the proposed project would not conflict with
any local policies or ordinances protecting biological resources, impacts would be less
than significant.
Reference.: EIR pp. 4.3-31 to pp. 4.3-32
7. Conflict with Adopted Habitat Conservation Plan or Natural Community Conservation
Plan: Although the proposed project was not an anticipated covered activity under the
County of Orange Central/Coastal NCCP/HCP, the project has been designed to comply
with the NCCP/HCP siting, construction, and operations and maintenance policies. The
proposed project's compliance with the NCCP/HCP is presented in Table 4.3-7. Areas
that require particular demonstration of compliance during project construction and
ongoing maintenance include preparation of revegetation and monitoring plans,
biological monitoring, and ongoing communication and reporting to Orange County
Parks (OC Parks) as the reserve owner/manager for this portion of the NCCP/HCP
Reserve. Since the proposed project is compliant with the NCCP/HCP, impacts would be
less than significant.
Reference: EIR pp. 4.3-32 to pp. 4.3-34
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D. Cultural Resources
1. Historical Resources: there are no known historical resources within the Area of Potential
Effect (APE). Therefore, implementation of the proposed project would not impact any
known, significant historical resources and no impact would occur.
Reference: EIR pp. 4.4-11
E. Geology and Soils
1. Alquist-Priolo Earthquake Fault Zone: there are no known active or potentially active
faults within the project area. Additionally, the project area is not located within an
Alquist-Priolo Special Studies Zone. However, the project area is located within the
active Newport—Inglewood fault zone. The proposed project components would be
constructed in accordance with the California Building Code (CBC) and applicable
design and construction requirements of OCSD, CMSD, and the City of Newport Beach,
which would reduce the potential for risks related to seismic events. These include
specifications for excavation, composition of fill, and materials to be used to ensure
construction worker safety, and to protect proposed sewer lines from damage during
seismic events. Therefore, impacts associated with the rupture of a known earthquake
fault would be less than significant.
Reference: EIR pp. 4.5-9 to pp. 4.5-10
2. Exposure to Seismic Ground Shaking (Construction): there are no known active or
potentially active faults within the project area. Additionally, the project area is not
located within an Alquist-Priolo Special Studies Zone. However, the project area is
located within the active Newport—Inglewood fault zone. The closest active trace of the
Newport—Inglewood fault zone, the Newport—Inglewood (Los Angeles Basin) Fault, is
approximately 0.4 mile south of the project area. An estimated earthquake magnitude of
7.1 could occur on this fault zone. Based on the existing mapped fault location, the
probability of damage due to surface ground rupture is low to moderate. Surface ground
cracking related to shaking from distant events is not considered a significant hazard. The
proposed project components would be constructed in accordance with applicable design
and construction requirements of the CBC, OCSD, CMSD, and the City of Newport
Beach,which would reduce the potential for risks associated with seismic ground shaking
and seismic-related ground failure. Excavations that appear unstable or are deeper than 4
feet will be shored or the sides of the excavation will be laid back to slope inclinations of
approximately 1.5:1 (horizontal to vertical). Therefore, impacts during construction
would be less than significant.
Reference.: FIR pp. 4.5-10 and FIR Table 3-1 pp. 3-11 to 3-13
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3. Exposure to Seismic Ground Shaking (Operation): Once constructed, the proposed
project would not include any structures intended for human occupancy and the
components of the proposed project would be restricted from public use. The proposed
project components would be constructed in accordance with applicable design and
construction requirements of the CBC, OCSD, CMSD, and the City of Newport Beach,
which would reduce the potential for risks associated with seismic ground shaking.
With adherence to all recommendations for the proposed project, operational impacts
would be less than significant.
Reference.: EIR pp. 4.5-10 and EIR Table 3-1 pp. 3-11 to 3-13
4. Seismic Related Ground Failure: It is anticipated that the sandy alluvial deposits beneath
the project area would be susceptible to soil liquefaction during a large earthquake. The
proposed project components would be constructed in accordance with applicable design
and construction requirements of the CBC, OCSD, CMSD, and the City of Newport
Beach, which would reduce the potential for risks associated with seismic ground
shaking. With adherence to all recommendations for the proposed project, construction
and operational impacts would be less than significant.
Reference.: EIR pp. 4.5-11 and EIR Table 3-1 pp. 3-11 to 3-13
5. Exposure of People or Structures to Landslides: Based on the geotechnical report
prepared by Ninyo & Moore (Appendix E), there is no evidence of landslides within the
project area and the potential for future landslides within the project area is low. The
proposed project components would be constructed in accordance with applicable design
and construction requirements of the CBC, OCSD, CMSD, and the City of Newport
Beach, which would reduce the potential for risks associated with seismic ground
shaking. With adherence to all recommendations for the proposed project, construction
and operational impacts would be less than significant.
Reference: EIR pp. 4.5-11
6. Potential for Soil Erosion (Construction): Excavation and ground-disturbing activities
during construction of the proposed project could potentially leave loose soil exposed to
the erosive forces of rainfall and high winds, which would increase the potential for soil
erosion and loss of topsoil. OCSD, CMSD, and the City of Newport Beach would prepare
and implement a SWPPP, which would include construction best management practices
(BMPs) to control erosion and sediment during construction activities. Impacts would be
less than significant.
Reference: EIR pp. 4.5-12 and EIR Table 3-1 pp. 3-11 to 3-13
7. Potential for Soil Erosion (Operation): Upon completion of construction all disturbed
surfaces would be stabilized and restored to initial condition. It is therefore not
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anticipated that the proposed project would result in substantial soil erosion or significant
losses in topsoil. Impacts would be less than significant.
Reference: EIR pp. 4.5-12
8. Site Stability: The proposed project is located on soils susceptible to liquefaction, while
the potential for landslides is considered low. The proposed project components would be
constructed in accordance with applicable design and construction requirements of the
CBC, OCSD, CMSD, and the City of Newport Beach, which would reduce the potential
for risks associated with unstable soils. Subsurface evaluations will be performed in order
to develop detailed design criteria for the proposed project. With adherence to all
recommendations for the proposed project, impacts related to unstable soils would be less
than significant.
Reference.: EIR pp. 4.5-12 to pp. 4.5-13 and EIR Table 3-1 pp. 3-11 to 3-13
9. Expansive Soils: The project site is underlain by fill and other soils that have the potential
for expansion. In order to address potential risks associated with expansive soils, the
proposed project would follow the recommendations of the Preliminary Geotechnical
Evaluation prepared by Ninyo & Moore (Appendix E). With adberence to all
recommendations for the proposed project, impacts related to expansive soils would be
less than significant.
Reference.: EIR pp.4.5-13 and EIR Table 3-1 pp. 3-11 to 3-13
10. Septic Tanks for Disposal of Wastewater: The proposed project does not involve any
septic tanks or alternative wastewater disposal systems.No impacts would result.
Reference.: EIR pp.4.5-14
F. Greenhouse Gas Emissions
1. Generation of Greenhouse Gas (GHG) Emissions (Construction): Construction of the
proposed project would result in GHG emissions that are primarily associated with use of
off-road construction equipment and on-road construction vehicles (e.g., haul trucks and
vendor/delivery trucks) and worker vehicles. Construction-related GHG emissions would
occur intermittently over a 24-month period and would not represent a long-term source
of GHG emissions. Accordingly, the proposed project would not generate an increase in
construction GHG emissions that would have a significant impact on the environment;
therefore, impacts would be less than significant.
Reference.: EIR pp. 4.6-9 to pp. 4.6-10
2. Generation of Greenhouse Gas (GHG) Emissions (Operation): The proposed project
would not involve an increase in long-term operational activities. Once the new sewer
pipelines are installed, no additional routine daily operational activities that would
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generate GHG emissions are anticipated to occur. Accordingly, the proposed project
would not generate an increase in operational GHG emissions that would have a
significant impact on the environment. Impacts would be less than significant.
Reference: EIR pp. 4.6-10 to pp. 4.6-11
3. Conflict with GHG Reducing Plan, Policy or Regulation: On December 11, 2008, CARB
approved the Climate Change Proposed Scoping Plan: A Framework for Change
(Scoping Plan; CARB 2008) to achieve the goals of AB 32. The Scoping Plan
establishes an overall framework for the measures that will be adopted to reduce
California's GHG emissions. While federal and state legislation will ultimately reduce
GHG emissions associated with the project, no specific plan, policy, or regulation
would be directly applicable to the project.
At this time, the City of Costa Mesa, the City of Huntington Beach, the City of Newport
Beach, local jurisdictions, and the SCAQMD have not adopted a GHG reduction plan, as
specified in Section 15183.5(b) of the CEQA Guidelines, which would apply to the GHG
emissions associated with the proposed project. Accordingly, no mandatory GHG
regulations or finalized agency guidelines would apply to implementation of this project,
and no conflict would occur. Impacts would be less than significant.
Reference: EIR pp. 4.6-3 and pp. 4.6-11
G. Hazards and Hazardous Materials
1. Routine Transport, Use, or Disposal of Hazardous Materials: Construction of the
proposed project would involve the use of relatively small amounts of commonly used
hazardous substances, such as fossil fuels, lubricants, and solvents. A SWPPP and
associated BMPs would be implemented during construction that would minimize the
potential for hazardous materials release and ensure prompt cleanup in the event of such a
release. Since OCSD, CMSD, and the City of Newport Beach would be required to
comply with existing and future hazardous materials laws and regulations for the
transport, use, and disposal of hazardous materials, the impacts associated with the
potential to create a significant hazard to the public or the environment would be less
than significant.
Reference: EIR pp. 4.7-11 to pp. 4.7-12
2. Located Within an Airport Land Use Plan: There are no public airports within 2 miles of
the project area, nor is the project area within an airport land use plan. The nearest public
use airport is John Wayne International Airport, located approximately 7.5 miles
northeast of the project area. Therefore, the proposed project would not result in a safety
hazard for people residing or working in the project area. Therefore, no impact would
occur as a result of the proposed project.
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Reference.: FIR pp. 4.7-14
3. Vicinity of a Private Airstrip: The project area is not within the vicinity of a private
airstrip; the nearest public airport is John Wayne International Airport, located
approximately 7.5 miles northeast of the project area. Therefore, no impact would occur
as a result of the proposed project.
Reference.: FIR pp. 4.7-14
4. Interfere with Adopted Emergency Response Plan: Construction of the proposed project
is not anticipated to interfere with an adopted emergency response plan or evacuation
plan, nor would it substantially impede public access or roadway circulation; however,
there may be a temporary increase in traffic on these roadways due to increased track
loads or the transport of construction equipment to and from the project area during the
construction period. Once completed, the roadways would be restored to their original
condition and emergency evacuation would not be affected. Therefore, impacts to an
emergency response plan or evacuation plan would be less than significant.
Reference: EIR pp. 4.7-14 to pp. 4.7-15
5. Wild land Fire Hazard: The project area is located between a highly urbanized portion of
the county and the vast open space in Talbert Regional Park and Banning Ranch. The
City of Newport Beach designates Banning Ranch as having moderate fire susceptibility.
However, no aboveground structures would be built as part of the proposed project.
Therefore, no people or structures would be impacted by wildfires as a result of the
proposed project and impacts would be less than significant.
Reference: EIR pp. 4.7-15
H. Hydrology and Water Quality
1. Water Quality Standards or Waste Discharge Requirement (Construction): preparation
and implementation of a SWPPP is included for general water quality protection and
erosion and sedimentation control during construction. With regard to sedimentation,
control measures may include perimeter protection, storm drain inlet protection, and/or
velocity reduction measures. Construction stormwater BMPs would also be consistent
with those described in the Orange County DAMP for construction activities. Therefore,
impacts would be less than significant.
Reference: EIR pp. 4.8-14 to pp. 4.8-15
2. Water Quality Standards or Waste Discharge Requirement (Operation): The proposed
project would not generate significant amounts of non-visible pollutants as the use of
colorless sealants, adhesives, cleaning products or other materials during general
maintenance activities would be limited. Although urban development projects in
Southern California commonly result in the generation of pollutants once they have been
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constructed, the proposed project consists almost entirely of underground pipeline
construction. Once the proposed project is in operation, leak prevention would be
provided through OCSD's PMP and emergency response would be provided through
OCSD's SSO ERP, as well as participation in the CASC. Therefore, the potential for
pollutant generation during operation of the proposed project is negligible; as such,
impacts would be less than significant.
Reference.: EIR pp. 4.8-15 to pp. 4.8-16
3. Deplete Groundwater Supplies (Construction): During construction of the proposed
project, groundwater may be encountered while excavating trenches for pipeline
construction or during excavation activities associated with entry and exit pits for
trenchless construction. Although groundwater may be encountered, it should be noted
that groundwater resources would not be relied upon for water supply for dust
suppression or any other construction-related need. Therefore, while construction of the
proposed project is not anticipated to deplete groundwater supplies or substantially
interfere with groundwater recharge, should dewatering be necessary during
construction, the necessary RWQCB permit would be obtained and appropriate control
measures and plans would be implemented. Impacts would be less than significant.
Reference.: EIR pp. 4.8-16 to pp. 4.8-17
4. Deplete Groundwater Supplies (Operation): Once the proposed sewer pipelines are
installed underground, trenches are backfrlled, and pump stations are abandoned, surface
disturbances along the proposed alignments would only occur sporadically. Maintenance
of sewer facilities would not deplete groundwater supplies and the presence of sewer
facilities would not substantially interfere with groundwater recharge. Impacts would be
less than significant.
Reference.: EIR pp. 4.8-17
5. Alter Existing Drainage Pattern Leading to Erosion (Construction): The existing drainage
pattern along the proposed alignments would be temporarily altered as a result of open-
cut trenching. While surface disturbances associated with open-cut trenching and
installation of the proposed sewer pipelines would alter existing drainage patterns, a
SWPPP would be prepared as a project design feature and BMPs would be implemented
during project construction to prevent pollutants from contacting stormwater and to
reduce the potential for on- and oft-site erosion and sedimentation. No net increase in
impervious surface area is proposed for the project, and once the proposed sewer
pipelines are installed, the disturbed areas would be returned to pre-project conditions.
Impacts would be less than significant.
Reference: EIR pp. 4.8-17 to pp. 4.8-18
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6. Alter Existing Drainage Pattern Leading to Erosion (Operation): No net increase in
impervious surface area is proposed for the project, and once the proposed sewer
pipelines are installed, the disturbed areas would be returned to pre-project conditions.
Therefore, the project would have a minimal impact on existing drainage patterns that
could potentially result in substantial on- or off-site erosion or siltation. Therefore,
impacts would be less than significant.
Reference.: EIR pp. 4.8-17 to pp. 4.8-18
7. Alter Existing Drainage Pattern Leading to Surface Runoff (Construction): Open-cut
trenching along the proposed sewer pipeline alignments would temporarily alter
existing drainage patterns. While surface disturbance associated with construction of
the proposed project is not anticipated to increase the rate or amount of surface runoff,
a SWPPP would be prepared as a project design feature (see Chapter 3, Project
Description, Table 3-1) and erosion- and sedimentation-control BMPs would be
implemented that would reduce the potential for on- or off-site flooding. Therefore,
impacts would be less than significant.
Reference.: EIR pp. 4.8-18
8. Alter Existing Drainage Pattern Leading to Surface Runoff (Operation): Because the
proposed sewer pipelines would be installed underground and disturbed areas would be
returned to pre-project conditions, no net increase in impervious surface area is
anticipated for the proposed project As such, impacts would be less than significant.
Reference.: EIR pp. 4.8-18
9. Exceed Capacity of Existing Stormwater Drainage System: No net increase in impervious
surface area is planned for the project and the disturbed areas would be returned to pre-
project conditions. Therefore, the project will have no impact on existing or proposed
stormwater drainage systems.
Reference.: EIR pp. 4.8-19
10. Substantially Degrade Water Quality: A SWPPP would be prepared as a required project
design feature and BMPs would be implemented during project construction to prevent
pollutants from contacting stormwater and to reduce the potential for on- and off-site
erosion and sedimentation. The proposed project would not generate significant amounts
of non-visible pollutants as the use of colorless sealants, adhesives, cleaning products or
other materials during general maintenance activities would be limited. Although urban
development projects in Southern California commonly result in the generation of
pollutants once they have been constructed, the proposed project consists almost entirely
of underground pipeline construction. Once the proposed project is in operation, leak
prevention would be provided through OCSD's PMP and emergency response would be
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provided through OCSD's SSO ERP, as well as participation in the CASC. Impacts
would be less than significant.
Reference: EIR pp. 4.8-19
11. Housing Within a 100-Year Flood Hazard Area: No housing is proposed as part of the
proposed project; therefore, no impact would occur.
Reference: EIR pp. 4.8-19
12. Structures Which Would Impede or Redirect Flood Flows: The proposed project is not
located within a 100-year floodplain and the proposed sewer pipelines would be installed
underground. Since the project does not propose any surface features or facilities, the
project would not impede or redirect surface water flows. No impact would occur.
Reference.: FIR pp. 4.8-19
13. Loss, Injury, or Death Due to Failure of Dam or Levee: The proposed project is not
located within a 100-year floodplain or a known Dam Inundation Zone. Therefore,
impacts associated with the exposure of structures to hazards associated with the failure
of a levee would be less than significant.
Reference.: FIR pp. 4.8-19
14. Inundation by Seiche, Tsunami, or Mudflow: Although the project is located adjacent to
the Santa Ana River and near the coastline, the project consists of underground pipeline
improvements; therefore, any surface inundation by seiche, tsunami, or mudflow would
pose minimal risk to the proposed improvements. Impacts would be less than significant.
Reference: FIR pp. 4.8-20
I.Land Use
OCSD Sewer Pipeline:
1. Physically Divide an Established Community (Construction): Although construction
would result in surface disturbance and increased activity along the proposed OCSD
sewer alignment along existing dirt trails within Talbert Regional Park for approximately
24 months, the presence of construction vehicles, equipment, and personnel would not
hinder travel between local communities. Access between the Cities of Newport Beach
and Huntington Beach along the proposed OCSD sewer alignment (i.e., through Talbert
Regional Park) is not currently available as the Santa Ana River effectively limits east—
west mobility through the area. Therefore, construction activities would not physically
divide an established community and impacts would be less than significant.
Reference.' FIR pp. 4.9-14
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2. Physically Divide an Established Community (Operation): Since the proposed project
would not introduce any aboveground structures that would physically divide an
established community and underground pipelines would not be divisive features in the
landscape,there would be no impact during operation of the project.
Reference: EIR pp. 4.9-14
CMSD and City of Newport Beach Facilities:
1. Physically Divide an Established Community (Construction): Open-trench construction
methods within 19th Street necessary for the installation of the proposed 12-inch gravity
sewer may result in temporary and sporadic lane closures that could affect residents of
the Newport Terrace condominium development (19th Street is the sole access route for
residents into the development); however, with implementation of a standard traffic
control plan (see Section 4.12, Traffic and Circulation), impacts to traffic movement
through the construction area would remain below a level of significance. Further, as
temporary impacts to vehicular movement would not physically divide communities, no
impacts to land use would occur.
Reference: EIR pp. 4.9-15
2. Physically Divide an Established Community (Construction): Because construction
activities would be concentrated within the developed footprints of the individual pump
stations and because measures to maintain mobility around construction areas would be
provided (see Section 4.12, Traffic and Circulation), the physical division of an
established community would not occur. As such,there would be no impact.
Reference: EIR pp. 4.9-15
3. Physically Divide an Established Community (Operation): Since the proposed project
would not introduce any aboveground structures that would physically divide an
established community and underground pipelines would not be divisive features in the
landscape,there would be no impact during operation of the project.
Reference: EIR pp. 4.9-16
OCSD Sewer Pipeline:
1. Applicable Land Use Plan Consistency (Construction): The various components of the
Sewer Pipeline would be either consistent or consistent with mitigation with applicable
policies and regulations of the California Coastal Act, City of Costa Mesa, and City of
Huntington Beach. Therefore, the construction of the proposed project components would
not conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project. Impacts would be less than significant.
Reference: EIR pp. 4.940
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2. Applicable Land Use Plan Consistency (Operation): Operation of the proposed OCSD
Sewer Pipeline facilities would be located entirely underground and no aboveground
structures would be necessary during operation. As such, the proposed sewer facilities
would not conflict with applicable land use plan, policy or regulation. Impacts would be
less than significant.
Reference: EIR pp. 4.940
CMSD and City of Newport Beach Facilities:
1. Applicable Land Use Plan Consistency (Construction): The proposed CMSD and City of
Newport Beach facilities analyzed in the EIR would be either consistent or consistent
with mitigation with applicable policies and regulations of the California Coastal Act,
City of Costa Mesa, and City of Newport Beach. Impacts would be less than significant.
Reference: EIR pp. 4.940
2. Applicable Land Use Plan Consistency (Operation): CMSD and City of Newport Beach
sewer facilities would be located entirely underground and no aboveground structures
would be necessary during operation. Therefore,no impact would occur.
Reference: EIR pp. 4.941
All Facilities:
1. Consistency with Habitat Conservation Plan or Natural Community Conservation Plan:
compliance with the Orange County Central and Coastal Natural Community
Conservation Planning and Habitat Conservation Plan (Central/Coastal NCCP/HCP)
requires compliance with several siting, construction, and operations and maintenance
policies. The proposed project has been designed to be consistent with applicable criteria
and policies of the Central/Coastal NCCP/HCP, and as such, the proposed project would
not conflict with an applicable habitat conservation plan or natural community
conservation plan. Impacts would be less than significant.
Reference.: EIR pp. 4.9-41
J. Noise
OCSD Sewer Pipeline:
1. Noise in Excess of Established Standards (Construction): The anticipated construction
noise levels in each city are above the thresholds for exterior noise in or near residential
development. However, because construction during both open trench and HDD
operations would conform to the cities' respective noise ordinances limiting the hours of
construction, the impact would be less than significant.
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Reference: EIR pp. 4.10-11
2. Noise in Excess of Established Standards (Operation): Upon completion, the proposed
project would not employ pumps, motors, or other noise-generating equipment.
Therefore, there would be little or no operational noise generated during project
operation. Impacts would be less than significant.
Reference.: EIR pp. 4.10-12
CMSD and City of Newport Beach Facilities:
1. Noise in Excess of Established Standards (Construction): The anticipated construction
noise levels in each city are above the thresholds for exterior noise in or near residential
development. However, because construction during both open trench and HDD
operations would conform to the cities' respective noise ordinances limiting the hours of
construction, the impact would be less than significant.
Reference.: EIR pp. 4.10-12
2. Noise in Excess of Established Standards (Operation): Upon completion, the proposed
modifications to the CMSD and City of Newport Beach Facilities would not employ
pumps, motors, or other noise-generating equipment. Therefore, there would be little or no
operational noise generated during project operation.
Reference.: EIR pp. 4.10-13
All Facilities:
1. Generate Excessive Ground-bome Vibration: Vibration levels from heavy construction
machinery(such as a loaded truck) would be below both the readily perceptible level and
the annoyance and damage level for normal structures. Upon completion, the proposed
project would not employ pumps, motors, or other ground-borne noise or vibration-
generating equipment. Therefore, the proposed project would not expose persons to or
generate excessive ground-bome vibrations or ground-borne noise and would have a less
than significant impact.
Reference: EIR pp. 4.10-13 to pp. 4.10-14
2. Permanent Increase in Ambient Noise: Upon completion, the proposed project would not
employ pumps, motors, or other noise- or vibration-generating equipment. Once the new
alignment is operational, a vacuum truck would be used periodically(approximately on a
monthly basis)to clean the system's inverted sewer siphon. These maintenance activities,
though relatively brief(typically on the order of 4 to 5 hours duration), would result in
noise levels well above the 60 dBA Ley threshold for special-status species, depending
upon the distance from the work location to the habitat area. In order to ensure that the
high levels of noise associated with periodic maintenance do not adversely affect special-
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status species, during the breeding season, the vacuum truck would be operated from the
existing Plant 2, which is not in proximity to special-status species habitat. Operation of
the proposed project would not result in permanent increases in ambient noise levels.
Reference: EIR pp. 4.10-14 and pp. 4.10-15
3. Expose People to Excessive Noise Levels for a Project Located Within two Miles of
Public Airport: The nearest airport to the project area is John Wayne Airport, located
approximately 7.5 miles northeast The Airport Land Use Commission (ALUC) has a
responsibility to assist local agencies in ensuring compatible land uses in the vicinity of
all airports in Orange County. The ALUC has published an Airport Influence Area map
for John Wayne Airport (ALUC 2008). The project area is outside the Airport Influence
Area. Therefore,no impacts would occur from public airport or public use airport noise.
Reference.: EIR pp. 4.10-15
4. Expose People to Excessive Noise Levels for a Project Located in the Vicinity of a
Private Airport: The project area is not within the vicinity of a private airstrip. The
nearest airport to the project area is John Wayne Airport, located approximately 7.5 miles
northeast. Since there are no private airstrips within the vicinity of the project area, no
impact would occur as a result of the proposed project
Reference.' EIR pp. 4.10-15
K. Recreation
OCSD Sewer Pipeline:
1. Increase Use of Existing Parks (Construction): Construction staging areas for open
trench work would be located along the proposed sewer facility alignments, primarily
along an existing dirt trail (Trail D) along the eastern and southern boundary of Talbert
Regional Park. Construction staging for the HDD work associated with the proposed
inverted siphon to be installed beneath the Santa Ana River and the adjacent Santa Ana
River Trail & Parkway would be located within the fenced boundary of OCSD Plant
No. 2 and along the proposed open trench/gravity sewer alignment within Trail D of
Talbert Regional Park. Although Trail D would be temporarily closed to park users
during construction, interior trails within the park (i.e., Trails B, C, E, and F) will
remain open and connectivity to the North Talbert area, Fairview Park, and the Santa
Ana River Trail & Parkway will be maintained. In addition, no impacts to the Santa
Ana River Trail & Parkway are anticipated to occur in association with HDD activities.
Project impacts associated with the physical deterioration of recreational facilities
would be less than significant.
Reference.: EIR pp. 4.11-8—4.11-9
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2. Increase Use of Existing Parks (Operation): Once constructed, the proposed OCSD and
CMSD sewer pipelines would be located underground and would not conflict with
recreation use of trails with Talbert Regional Park. Therefore, the operation of proposed
sewer facilities would not be anticipated to increase the use of existing regional or
neighborhood parks such that substantial physical deterioration of the facility would
occur or be accelerated, and impacts would be less than significant.
Reference.: EIR pp. 4.11-10
CMSD and City of Newport Beach Facilities:
1. Increase Use of Existing Parks(Construction): The proposed CMSD 12-inch gravity sewer to
be installed between the existing Aviemore Terrace Pump Station (CMSD No. 5) and Sea
Bluff Pump Station (CMSD No. 16) would be partially located within Trail A of Talbert
Regional Park. Therefore, during construction of this sewer facility, Trail A would be closed
to recreational usage and construction activities would physically impact the trail via open cut
trenching. Project design features have been incorporated to minimize potential confusion
regarding the availability of recreational facilities/trails, and ensures that trails temporarily
impacted during construction are not farther affected by urpermitted usage and activity (see
Chapter 3, Project Description). OCSD and CMSD will provide advance notice, between 2
and 4 weeks prior to construction, of impending closure of trails within Talbert Regional
Park. The announcement will state specifically where and when construction will occur in the
park and will be posted on the park's informational kiosk as well as on the OC Parks, parks
and trails website. In addition, the City of Newport Beach will also post information on their
website, stating when and where construction will occur and will work with the City of Costa
Mesa to coordinate the posting of trail closure information on recreation website as well. The
traffic control plans will include signage and flagmen when necessary, and will be approved
by each affected city in advance of construction. Therefore, project impacts during
construction would be less than significant.
Reference: EIR pp. 4.11-9 to pp. 4.11-10 and pp. 3-13
2. Increase Use of Existing Parks (Operation): Once constructed, the proposed OCSD and
CMSD sewer pipelines would be located underground and would not conflict with recreation
use of trails with Talbert Regional Park. Impacts would be less than significant.
Reference.: EIR pp. 4.11-8 to pp. 4.11-10
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All Facilities:
1. Construction of Recreational Facilities: The proposed project does not include
recreational facilities and would not require the construction or expansion of recreational
facilities, and no impact would result.
Reference: EIR pp. 4.11-10 to pp. 4.11-11
L.Traffic
1. Conflict with Applicable Plan, Ordinance, or Policy (Construction): Construction of the
proposed project would primarily occur within Talbert Regional Park, Canyon Park, and
surrounding residential areas. The proposed OCSD components would not involve any
construction within roadways, except for the connection to the existing Interplant Line
within Brookhurst Street just west of Treatment Plant No. 2. Construction of the CMSD
and City of Newport Beach components, however, would involve construction within
19th Street and Canyon Drive. All other facilities would be outside of existing roadways.
The proposed project may require temporary lane closures during construction of the
proposed City of Newport Beach 12-inch sewer in 19th Street, the proposed CMSD 24-
inch sewer in Canyon Drive, and the proposed OCSD connection to the Interplant Line in
Brookhurst Street, which may increase congestion on these streets during peak travel
times. Traffic-control plans would be prepared to address construction traffic and road
closures within the public rights-of-way of the Cities of Costa Mesa, Huntington Beach,
and Newport Beach. There would also be provisions for emergency vehicle access,
signage, and flagmen to ensure that traffic flow is not substantially impacted. Impacts
would be less than significant.
Reference: EIR pp. 4.12-7 to pp. 4.12-8
2. Conflict with Applicable Plan, Ordinance, or Policy (Operation): Once constructed, the
proposed sewer pipelines would be located below the surface of the roadways and would
not obstruct or impede any flow of transportation. Impacts would be less than significant.
Reference: EIR pp. 4.12-8
3. Conflict with Applicable Congestion Management Plan (Construction): the proposed
project may require temporary lane closures during installation of the proposed OCSD
24-inch gravity sewer west of the Santa Ana River on Brookhurst Street, the proposed
CMSD 12-inch sewer on 19th Street, and the proposed CMSD 24-inch gravity sewer on
Canyon Drive. None of the impacted streets are listed as CMP-designated highways nor
would the proposed project transect any CMP-designated highways. Therefore, the
proposed project would not conflict with any standards in the CMP and impacts would be
less than significant.
Reference.: FIR pp. 4.12-8
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4. Conflict with Applicable Congestion Management Plan (Operation): Once constructed,
the proposed project would not generate traffic since only routine maintenance and
emergency repairs would require vehicle access to the proposed pipelines. Therefore,
operation of the proposed project would not conflict with an applicable congestion
management program and impacts would be less than significant.
Reference: EIR pp. 4.12-9
5. Result in Change of Air Traffic Patterns: The proposed project does not include any
permanent above-ground components. Therefore, it would not result in a change in air
traffic patterns or result in substantial safety risks and there would be no impact.
Reference.: EIR pp. 4.12-9
6. Substantially Increase Hazards due to a Design Feature: The proposed project does not
involve any design features or incompatible uses that would increase hazards within the
project area. All construction within existing roadways would be temporary and the
roadways would be restored to their existing condition after construction is complete. No
impact would result.
Reference.' EIR pp. 4.12-9
7. Inadequate Emergency Access: Lane closures could temporarily affect emergency access
in these areas; however, as listed in Table 3-1 in Chapter 3, Project Description, traffic-
control plans will be prepared to address construction traffic and road closures within the
public rights-of-way of the Cities of Costa Mesa, Huntington Beach, and Newport Beach.
The traffic-control plans would include provisions to ensure emergency vehicle access,
signage, and flagmen to ensure adequate emergency access is maintained throughout
construction within public rights-of-way. Once completed, the roadways would be
restored to their original condition and emergency access would not be affected.
Therefore, impacts to emergency access would be less than significant.
Reference.: EIR pp. 4.12-9 to pp 4.12-10
8. Public Transit, Bicycle, or Pedestrian Safety and Performance: The proposed project
would not result in any conflicts with adopted policies, plans, or programs that support
alternative transportation,as all proposed pipelines would be located underground and the
ground surface would be returned to current conditions following construction. However,
during construction within Canyon Drive, 19th Street, and Brookhurst Street,bus service,
bicycle lanes, and pedestrian sidewalks within these roadways may be temporarily
impacted. As listed in Table 3-1 in Chapter 3, Project Description, traffic-control plans
will be prepared to address construction traffic and road closures within the public rights-
of-way of the Cities of Costa Mesa, Huntington Beach, and Newport Beach. The traffic-
control plans will include provisions for the allowance of bicyclist, pedestrian, and bus
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access throughout construction. Therefore, with implementation of the traffic-control
plans, impacts would be less than significant.
Reference: EIR pp. 4.12-10
M. Utilities,Service Systems, and Energy
1. Exceed Wastewater Treatment Requirements: the proposed project would continue to
comply with all applicable permits and would not exceed wastewater treatment
requirements. Impacts would be less than significant.
Reference: EIR pp. 4.13-16
2. Construction of New Water or Wastewater Treatment Facilities: implementation of the
proposed project would not require or result in the construction of new water or
wastewater treatment facilities which could cause significant environmental impact,
impacts would be less than significant.
Reference: EIR pp. 4.13-16
3. Construction of Storm Water Drainage Facilities: The proposed project would result in no
net increase in impervious surface area since all disturbed areas would be returned to pre-
project conditions upon completion of construction and the 20-foot-wide access road
would be permeable. Construction of the proposed project would not require new
stormwater drainage facilities or the expansion of existing facilities since construction
best management practices (BMPs)would be implemented. As a result, impacts would be
less than significant.
Reference: EIR pp. 4.13-17
4. Sufficient Water Supplies: The proposed project may require water for construction-
related activities, including watering dirt or dusty materials, and washing down streets or
paved areas. OCSD, CMSD, and the City of Newport Beach's existing water entitlements
and resources would be adequate to support the proposed project's needs. No water
would be used during the operational stage of the proposed project. Therefore, the
proposed project would have sufficient water supplies and no new or expanded
entitlements would be needed, and impacts would be less than significant.
Reference: EIR pp. 4.13-17
5. Adequate Wastewater Treatment Capacity: The project would not increase the total
amount of wastewater to be treated at OCSD Plant No. 2, nor does it involve the
development of any land uses that would result in increased demand for wastewater
treatment. Therefore, impacts would be less than significant.
Reference.' FIR pp. 4.13-17 to pp. 4.13-18
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6. Sufficient Landfill Capacity: Solid waste generated from the proposed project would
include debris from pump station abandonment and trash accumulated by the construction
crew. Impacts to surrounding landfills would be temporary during the construction phase,
and impacts associated with sufficient landfill capacity to accommodate the proposed
project's solid waste disposal needs would be less than significant.
Reference: EIR pp. 4.13-18
7. Comply with Solid Waste Regulations: All trash produced by contractors and equipment
operators would be removed from the project area daily and disposed of properly in
accordance with federal, state, and local statutes and regulations related to solid waste.
Efforts will be made to recycle all reusable materials in cooperation with local agencies
and businesses. Impacts would be less than significant.
Reference: EIR pp. 4.13-18
8. Exceed Available Energy Supply (Construction): Construction of the proposed project
would result in a temporary increase in energy consumption. The current supply of
energy resources would be sufficient to serve construction activities and impacts would
be considered less than significant.
Reference: EIR pp. 4.13-18 to pp. 4.13-19
9. Exceed Available Energy Supply (Operation): Operation of the proposed project would
result in minimal energy consumption due to vehicle trips to and from the project area
during operation and maintenance activities. However, the proposed project would not
require any energy resources to operate efficiently. Impacts would be less than significant.
Reference.: EIR pp. 4.13-19
10. Wasteful or Inefficient Energy Consumption (Construction): Construction of the
proposed project would result in a temporary increase in energy consumption due to the
use of construction equipment and vehicles. The proposed project would integrate design
features and construction measures that would help to reduce the energy use associated
with construction equipment and vehicles. As a result, construction of the proposed
project would not result in wasteful, inefficient, or unnecessary use of energy, and
impacts would be less than significant.
Reference.: EIR pp. 4.13-19
11. Wasteful or Inefficient Energy Consumption (Operation): The proposed project would
allow for the abandonment of eight pump stations (six CMSD pump stations, one City of
Newport Beach pump station, and one private pump station), which would dramatically
reduce the amount of energy resources consumed by the existing wastewater infrastructure.
As a result, operation of the proposed project would not result in wasteful, inefficient, or
unnecessary use of energy, and impacts would be less than significant.
Reference: EIR pp. 4.13-19 to pp. 4.13-20
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III. Environmental Impacts Found To Be Less Than Significant
After Mitigation
The EIR identifies significant impacts that are reduced to a "less-than-significant' level provided
that the mitigation measures identified in the EIR are incorporated into the project. These
measures avoid, minimize, rectify, or reduce significant effects identified in the EIR to a less
than significant level. OCSD, having reviewed and considered the information contained in the
EIR, finds pursuant to Public Resources Code Section 21081(a)(1) and Guidelines Section
15091(a)(1) that the following potentially significant impacts will be less than significant after
implementation of the specified mitigation measures. These mitigation measures are presented in
the Mitigation Monitoring and Reporting Program, which the Board is adopting concurrently
with these findings.
A. Biological Resources
1. Direct or Indirect Impacts on Special-Status Species:
Impact BIO-1
Description of Significant Effects: Temporary direct impacts to 621 individual
southern tarplants are considered significant due to the relative rarity of this species,
as indicated by its CRPR of 1B.1. In addition, impacts may occur outside the
proposed impact area and may occur in the future during maintenance/repair; these
impacts would be significant.
Reference: EIR pp. 4.3-2
Impact BIO-2
Description of Significant Effects: The proposed project would also have potentially
significant short- and long-term indirect impacts to special-status plant species. Potential
short- and long-term indirect impacts to southern tarplant in the project study area would
primarily result from the generation of fugitive dust, chemical pollutants, altered
hydrology, increased human activity, and other adverse effects that may be associated
with construction and future maintenance activities within and adjacent to Talbert
Regional Park. Indirect impacts to special-status plant species would be significant.
Reference: EIR pp. 4.3-24 and 4.3-25
Impact BIO-3
Description of Significant Effects: The permanent direct impact of 0.01 acre of
wetlands/riparian habitat and 0.02 acre of coastal sage scrub due to new manholes has the
potential to adversely affect special-status wildlife species. Three manholes would
partially encroach within adjacent southern willow scrub and mule fat scrub habitat and
two manholes would remove coastal sage scrub habitat within and immediately adjacent
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to existing dirt roads. These habitats potentially support several special-status upland and
riparian bird species. Specific impacts include the permanent loss of suitable breeding
habitat and/or foraging habitat for special-status wildlife species. Therefore, these
potential permanent direct impacts are considered significant.
Reference: EIR pp. 4.3-25
Impact BI04
Description of Significant Effects: Temporary direct impacts to 1.06 acres of
wetlands/riparian habitat and 0.19 acre of coastal sage scrub habitat associated with
construction of the proposed project could adversely affect special-status wildlife species
that use these habitats. In particular,the one observed territory of least Bell's vireo within
Talbert Regional Park would be temporarily impacted during construction. Specific
impacts include the temporary loss of suitable breeding habitat and/or foraging habitat for
special-status wildlife species, including least Bell's vireo. Therefore, these potential
temporary direct impacts are considered significant.
Reference: EIR pp. 4.3-25
Impact BIO-5
Description of Significant Effects: Noise generated during construction may significantly
affect off-site light-footed clapper rail (within the Santa Ana River Marsh)throughout the
year and special-status wildlife during the breeding season due to disruption of
reproduction potential, resulting in population declines. Noise generated by future
maintenance and repair during the breeding season of special-status wildlife has the
potential to significantly impact special-status wildlife. Therefore, short- and long-term
indirect impacts associated with the proposed project would be significant.
Reference.: EIR pp. 4.3-26
2. Direct or Indirect Impacts to Non-Special-Status Vegetation Communities:
Impact BIO-6
Description of Significant Effects.: Due to the rarity of wetland/riparian communities, and
the fact that portions of these areas were revegetated as mitigation for other projects and
are regulated jurisdictional communities, the proposed project's permanent direct impacts
to wetlands/riparian vegetation communities are considered significant.
Reference.' EIR pp. 4.3-28
Impact BIO-7
Description of Significant Effects: Due to the rarity of wetland/riparian communities, and
the fact that portions of these area were revegetated as mitigation for other projects and
we regulated jurisdictional communities, the proposed project's temporary direct impacts
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to special-status vegetation communities (wetlands/riparian and coastal sage scrub) are
considered significant.
Reference: EIR pp. 4.3-28
Impact BIO-8
Description of Significant Effects: Given the rarity of wetland/riparian and coastal sage
scrub vegetation communities and special-status species supported by these communities
in this area, long-term direct temporary impacts we considered significant.
Reference: EIR pp. 4.3-28
Impact BIO-9
Description of Significant Effects: Potential short- and long-term indirect impacts to
special-status vegetation communities in the project study area would primarily result
from the generation of fugitive dust, chemical pollutants, altered hydrology, increased
human activity, and other adverse effects that may be associated with construction and
future maintenance activities of the proposed project within and adjacent to Talbert
Regional Park. The proposed project's potential short- and long-term indirect impacts to
special-status vegetation communities are considered significant.
Reference.: EIR pp. 4.3-28
3. Direct or Indirect Impacts to Federally Protected Wetlands:
Impact BIO-10
Description of Significant Effects: The proposed project would result in temporary and
permanent direct impacts to several jurisdictional waters, including wetlands. The
identified direct permanent impacts to jurisdictional waters of 0.01 acre of new manholes
are considered significant absent mitigation.
Reference: EIR pp. 4.3-29
Impact BIO-11
Description of Significant Effects: Temporary construction activities and long-term
maintenance and repairs within jurisdictional waters would require review and approval
by wetlands resources agencies and these impacts are also considered significant.
Reference: EIR pp. 4.3-29
Impact BIO-12
Description of Significant Effects: The potential for frac-out (as well as associated
cleanup activities) would have temporary direct impacts on an undetermined area of
perennial unvegetated waters (the Santa Ana River). Temporary direct impacts may
include mortality of benthic macroinvertebrates, fish, and aquatic plants. Therefore,
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temporary direct impacts to jurisdictional waters as a result of HDD operations would
be significant.
Reference: EIR pp. 4.3-30
Impact BIO-13
Description of Significant Effects: Potential short- and long-term indirect impacts to
jurisdictional waters in the project study area would primarily result from the generation
of fugitive dust, chemical pollutants, altered hydrology, increased human activity, and
other adverse effects that may be associated with construction and future maintenance
activities of the proposed project. Potential short- and long-term indirect impacts to
jurisdictional waters, including wetlands, in the project study area are considered
significant as well.
Reference: EIR pp. 4.3-30
4. Direct or Indirect Impacts to Wildlife Corridors:
Impact BIO-14
Description of Significant Effects: Temporary direct impacts to 1.06 acres of
wetlands/riparian habitat and 0.19 acre of coastal sage scrub habitats associated with the
proposed project could adversely affect special-status wildlife species behavior, and
therefore temporarily impact wildlife movement/habitat linkage functions. These impacts
are considered significant.
Reference: EIR pp. 4.3-31
Impact BIO-15
Description of Significant Effects: Potential short- and long-term indirect impacts on
wildlife movement/habitat linkage functions in the project study area would primarily
result from potential additional fugitive dust, noise, chemical pollutants, human activity,
non-native animal species, and other adverse effects that may be associated with
construction and future maintenance activities of the proposed project within and
adjacent to Talbert Regional Park. These potential short- and long-term indirect impacts
due to construction and future maintenance and repair are considered significant.
Reference: EIR pp. 4.3-31
Mitigation Measures:
Mitigation Measure BIO-1: Mitigation for direct permanent and temporary impacts shall
be implemented through on-site restoration and enhancement/restoration of coastal sage
scrub and riparian/wetland communities. In accordance with the mitigation ratios
presented in Table 4.3-8. All temporary impacts to vegetated areas within Talbert Nature
Reserve will be restored with appropriate native vegetation (including impacts to
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disturbed vegetation, such as ruderal, ornamental, and annual grassland). A total of 1.79
acres are expected to be restored, offsetting all permanent and temporary significant
impacts to vegetation communities and existing mitigation areas. These mitigation areas
have been identified and determined to feasibly support the proposed native revegetation
to adequately mitigate project impacts. Feasibility of native revegetation is primarily
based on suitable soils, slopes, and aspect as well as the presence of similar native
vegetation adjacent to the proposed mitigation areas. See page 4.3-35 — 4.3-36 for
additional detail.
Mitigation Measure BIO-2: Project construction shall be completed by each agency
(OCSD, CMSD, and the City of Newport Beach) in conformance with the County of
Orange Central and Coastal Subregion Natural Community Conservation Planning and
Habitat Conservation Plan (NCCP/HCP),which provides for avoidance of impacts during
the breeding season of most special-status wildlife species as well as minimization of
impacts to biological resources. See page 4.3-37—4.3-39 for specific procedures.
Mitigation Measure BIO-3: OCSD, CMSD, and the City of Newport Beach shall each
develop an operations and maintenance manual for the project components within each
agency's service area. The operations and maintenance manuals, to be developed in
coordination with Orange County Parks (OC Parks), shall outline the restrictions and best
practices related to conducting operations, maintenance, and potential repair activities
within Talbert Regional Park. A draft Operations & Maintenance Manual is included as
Appendix J of the Biological Technical Report (Appendix Q. See page 4.3-39 for
additional detail.
Mitigation Measure BIO-4: OCSD, CMSD, and the City of Newport Beach shall each be
responsible for monitoring noise impacts to sensitive wildlife species. Regardless of the
time of year,during construction of the OCSD trunk sewer, a noise barrier shall be placed
along the southern edge of the alignment adjacent to the Santa Ana River Marsh to
minimize adverse noise impacts to the light-footed clapper rail. Construction activities in
this vicinity will be also minimized to extent feasible to reduce the potential for
disturbance to light-footed clapper rail (e.g., prior to utilizing this area for staging or
storage, OCSD or the Contractor shall document the need for construction activities to
occur in this area and the lack of suitable alternative sites). During the bird breeding
season (February 15—July 15), construction activities associated with the OCSD, CMSD,
and City of Newport Beach components that have the potential to generate greater than
60 A-weigbted decibels (dBA) hourly equivalent level (Ley) shall be monitored by a
qualified biologist to confirm that construction-generated noise is less than 60 dBA
hourly Ley at the location of any coastal California gnatcatcher, least Bell's vireo, light-
footed clapper rail, and/or raptor nests. Nest locations shall be determined by conducting
focused surveys weekly during the bird breeding season within 300 feet of any current or
planned construction. See page 4.3-39—4.3-40 for specific procedures.
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Mitigation Measure B/0-5: OCSD shall prepare and implement a frac-out contingency
plan. The plan shall be approved by the ACOE, CDFW, RWQCB, CCC, and USFWS.
The contingency plan is intended to minimize the potential for a frac-out associated with
tunneling activities; provide for the timely detection of frac-outs; and ensure an
organized, timely, and "minimum-impact' response in the event of an unlikely frac-out
and release of drilling lubricant(i.e.,bentonite). See page 4.3-40 for specific procedures.
Finding:
The Board finds that the recommended mitigation measures in the EIR, MM-BIO-I
through MM-BIO-S,will reduce identified impacts to biological resources (Impact BIO-1
through BIO-15) to less than significant levels. Mitigation measures MM-BIO-1 through
MM-BIO-S are adopted.
B. Cultural Resources
1. Impacts to Archaeological Resources:
Impact CUL-1
Description of Significant Effects.: Given the characteristics of the project area as a low-
lying floodplain that was periodically inundated, the potential for intact, unknown,
subsurface prehistoric archaeological materials to be present in the project area is
considered very low. However, in the unexpected event that grading and excavation
activities during construction of the proposed project unearth intact archaeological
materials, impacts would be potentially significant.
Reference.: EIR pp. 4.4-11 to pp. 4.4-12
2. Impacts to Paleontological Resources:
Impact CUL-2
Description of Significant Effects: Since the exact location and depth of sensitive
paleontological resources are unknown, in the event that unexpected, intact
paleontological resources are unearthed during construction, impacts would be
potentially significant.
Reference: EIR pp. 4.4-12
3. Impacts to Human Remains:
Impact CUL-3
Description of Significant Effects: The project area is not currently, nor has it historically,
been used as a cemetery. It is highly unlikely that the low-lying Santa Ana River
floodplain was used for human inhabitants and there is a low probability of encountering
human remains. However, in the unexpected event that human remains are unearthed
during construction activities, impacts would be potentially significant.
Reference: EIR pp. 4.4-12
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Mitigation Measures:
Mitigation Measures CUL-l: Prior to the start of any earthmoving activity within the
OCSD, CMSD, or City of Newport Beach service areas of the proposed project, an
archaeological monitor and Native American representative shall be retained by the
agency conducting earthmoving activity to monitor ground-disturbing activities
associated with their respective components of the proposed project. See page 4.4-13 for
specific procedures.
Mitigation Measures CUL-2: Based on geotechnical findings and the construction design
plans for the proposed OCSD, CMSD, and City of Newport Beach pipelines, an Orange
County-certified (OCC) paleontologist shall be retained by the agency conducting
earthmoving activity. Based on geotechnical findings and the final construction design
plans for the proposed OCSD, CMSD, and City of Newport Beach pipelines, the OCC
paleontologist shall develop a paleontological resources mitigation and monitoring plan
for each agency's respective components of the proposed project, prior to construction.
See page 4.4-14 for specific procedures.
Mitigation Measures CUL-3: In the event of accidental discovery of any human remains
during construction of the proposed project, the agency responsible for the discovery
shall contact the county coroner immediately and construction activities shall be halted in
accordance with Section 15064.5(e)(1) of the CEQA Guidelines and California Health
and Safety Code Section 7050.5. See page 4.4-14 for specific procedures.
Finding:
The Board finds that the recommended mitigation measures in the EIR, MM-CUL-1
through MM-CUL-3, will reduce identified impacts to cultural resources (Impact CUL-1
through CUL-3) to less than significant levels. Mitigation measures MM-CUL-1 through
MM-CUL-3 are adopted.
Reference: EIR pp. 4.4-13 to pp. 4.4-14
C. Hazards and Hazardous Materials
1. Accidental Release of Hazardous Materials:
Impact HAZ-1
Description of Significant Effects: The project area includes a number of areas with
(mown hazardous materials and areas with the potential to contain hazardous materials in
the surrounding area. Of the 49 sites identified in the Environmental Data Resources
(EDR) report, the former Newport Terrace Landfill was the only identified open release
site that may have impacted the environmental conditions in the project area. Due to the
potential to encounter refuse and other hazardous materials during installation of the three
pipelines listed above, impacts would be significant.
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Reference: EIR pp. 4.7-12
2. Hazardous Materials Release within One-quarter Mile of a School:
Impact HAZ-2
Description of Significant Effects: Due to the proximity to the former Newport Terrace
Landfill and potential to encounter refuse and other hazardous materials during
installation of the three pipelines listed above, impacts due to potential releases within
one-quarter mile of an existing school would be significant.
Reference: EIR pp. 4.7-13
3. Hazardous Materials Site Pursuant to Government Code Section 65962.5:
Impact HAZ-3
Description of Significant Effects: The EDR report revealed one open release site, the
former Newport Terrace Landfill, which has the potential to result in significant hazards
to the public or the environment during excavation for the proposed pipelines. During
excavation for the proposed CMSD 12-inch sewer(19th Street), the proposed OCSD 24-
inch gravity sewer (eastern border of Talbert Regional Park), and the proposed City of
Newport Beach 18-inch sewer (northwest comer of the City of Newport Beach
jurisdiction),potential impacts would be significant.
Reference: EIR pp. 4.7-13 to pp. 4.7-14
Mitigation Measures:
Mitigation Measure HAZ-1: OCSD, CMSD, and the City of Newport Beach shall each be
responsible for all aspects of mobilization, set-up, operation, testing, and management;
providing 24-hour trained personnel for monitoring and operation; pressure testing; spill
containment at all points of suction, discharge, and ramp crossing connections; and spill
management, including cleanup and replacement of damaged property and fines. See
page 4.7-15 for additional information.
Mitigation Measure HAZ-2: Prior to performing work within or adjacent of the former
landfill, contractors for OCSD, CMSD, and City of Newport Beach shall contact Orange
County Health Care Agency (OCHCA), the Lead Enforcement Agency (LEA) for the
landfill as well as monitor construction and excavation activities. See Page 4.7-15 to 4.7-
16 for additional information.
Mitigation Measures HAZ-3: During construction within 100 feet of the identified
Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR)
wells, OCSD shall conduct air monitoring every 15 minutes and visual observation. If
contamination is encountered, the contractors shall follow the Hazardous Materials
Contingency Plan(see MM-HAZ-4).
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Mitigation Measure HAZ-4: OCSD, CMSD, and the City of Newport Beach shall each
prepare a hazardous materials contingency plan for their respective portions of the
proposed project that will incorporate the appropriate procedures for the handling and
disposal of potentially hazardous materials in accordance with local, State and Federal
Regulations See page 4.7-16 for specific procedures.
Finding:
The Board finds that the recommended mitigation measures in the EIR, MM-HAZ-1
through MM-HAZ4, will reduce identified hazards and hazardous materials impacts
(Impact HAZ-2 through HAZ-4)to less than significant levels. Mitigation measures MM-
HAZ-1 through MM-HAZ4 are adopted.
Reference.: FIR pp. 4.7-15 to pp. 4.7-16
D. Hydrology and Water Quality
1. Water Quality Standards or Waste Discharge Requirement (Construction):
Description of Significant Effects: Horizontal directional drilling (HDD) construction
methods would be used to install an inverted gravity sewer siphon beneath the Santa
Ana River and to install a 24-inch sewer in Canyon Drive. To reduce potential
impacts associated with frac-out, Mitigation Measure BIO-5 has been provided (see
Section 4.3, Biological Resources) and would require OCSD and/or project
contractors to prepare a frac-out contingency plan for distribution and approval by the
ACOE, CDFW, RWQCB, CCC, and USFWS. Therefore, with implementation of an
approved frac-out contingency plan, potential impacts associated with HDD
construction methods would be less than significant.
Reference: EIR pp. 4.8-15
Mitigation Measures:
Mitigation Measure BI0-5: See Mitigation Measure BIO-5 above.
Finding:
The Board finds that the recommended mitigation measures in the EIR, MM-BIO-S, will
reduce identified hydrology and water quality impacts to less than significant levels. As
previously stated,mitigation measures MM-BIO-S is adopted.
Reference.: EIR pp. 4.8-15 and pp. 4.3-40
E.Noise
1. Temporary or Periodic Increase in Ambient Noise (Construction):
Description of Significant Effects: At locations that are more remote and not currently
influenced by regular human activity, construction noise would be considerably louder
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than the low existing ambient levels. To avoid a significant impact, Mitigation Measure
MM-BIO-4 would limit construction in areas where gnatcatcher habitat occurs within
500 feet of the construction area to the period between September 1 and March 1, the
non-breeding season. Therefore, noise impacts to special-status species during
construction would be less than significant.
Reference: EIR pp. 4.10-14 to pp. 4.10-15
2. Temporary or Periodic Increase in Ambient Noise (Operation):
Impact N0I-2
Description of Significant Effects: Once the new alignment is operational, a vacuum
truck would be used periodically (approximately on a monthly basis) to clean the
system's inverted sewer siphon. These maintenance activities, though relatively brief
(typically on the order of 4 to 5 hours duration), would result in noise levels well above
the 60 dBA Ley threshold for special-status species, depending upon the distance from
the work location to the habitat area. A noise barrier (soundwall) would not provide
sufficient reduction, and truck enclosures or other technologies would not be practical
to implement for this type of periodic work. In order to ensure that the high levels of
noise associated with periodic maintenance do not adversely affect special-status
species, during the breeding season, the vacuum truck would be operated from the
existing Plant 2, which is not in proximity to special-status species habitat.
Additionally, mitigation has been provided in the Biological Resources section of the
EIR (MM-BIO-4 in Section 4.3.5) and OCSD will continue to conduct bird surveys
annually. Noise impacts to special-status species during periodic maintenance
associated with operation would be significant absent mitigation.
Reference: EIR pp. 4.10-15
Mitigation Measures:
Mitigation Measure BLO-4: See Mitigation Measure BIO-4.
Findine:
Mitigation provided in the Biological Resources section of the EIR (MM-BIO-4 in
Section 4.3.5) would reduce potentially significant impacts related to temporary or
periodic increase in noise to less than significant levels. Additionally, OCSD will
continue to conduct bird surveys annually. The Board finds that the recommended
mitigation measures in the EIR, MM-BIO-4, will reduce identified impacts. As
previously stated,mitigation measure MM-BIO-4 is adopted.
Reference.: EIR pp. 4.10-15 and pp. 4.3-38
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IV. Findings Regarding Impacts That Are Found To Be Significant
and Unavoidable
OCSD hereby finds that the following environmental impacts are significant and unavoidable.
These findings are based on the discussion of impacts in Chapter 4 of the EIR.
A.Noise
1. Temporary or Periodic Increase in Ambient Noise (Construction):
Impact NOI-1
Description of Significant Effects: Construction of the proposed project would
temporarily increase ambient noise levels by more than 5 dB, and therefore construction
noise impacts with respect to a temporary or periodic increase in ambient noise levels in
the project area would be potentially significant.
Reference.: FIR pp. 4.10-14
Mitigation Measures:
Mitigation Measure NOLI: The Orange County Sanitation District (OCSD), Costa Mesa
Sanitary District (CMSD), and City of Newport Beach shall each require their respective
contractors to implement the following measures during construction of the proposed
project,to the extent feasible:
• Construction shall not occur between the hours of 6:30 p.m. and 7:00 a.m. Monday
through Friday, between 6:00 p.m. and 9:00 a.m. on Saturday, or at any time on
Sundays or federal holidays. The hours of construction, including noisy maintenance
activities and all material transport, shall be restricted to the periods and days
permitted by the local noise or other applicable ordinance.
• All noise-producing project equipment and vehicles using internal-combustion engines
shall be equipped with mufflers, air-inlet silencers where appropriate, and any other
shrouds, shields,or other noise-reducing features in good operating condition that meet or
exceed original factory specifications. Mobile or fixed "package" equipment (e.g., are
welders, air compressors) shall be equipped with shrouds and noise-control features that
are readily available for that type of equipment.
• All mobile or fixed noise-producing equipment used on the project that are regulated
for noise output by a local, state, or federal agency shall comply with such regulations
while in the course of project activity.
• Electrically powered equipment shall be used instead of pneumatic or internal-
combustion-powered equipment, where feasible.
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• Material stockpiles and mobile equipment staging, parking, and maintenance areas
shall be located as far as practicable from noise-sensitive receptors.
• Construction site and access road speed limits shall be established and enforced
during the construction period.
• The use of noise-producing signals, including homs, whistles, alarms, and bells, shall
be for safety warning purposes only.
• No project-related public address or music system shall be audible at any
adjacent receptor.
Finding:
The Board finds that noise impacts during construction activities would be significant and
unavoidable; Mitigation Measure MM-NOI-1 is adopted and will reduce this impact, but
not to a level of insignificance. This impact is overridden by project benefits as set forth in
the statement of overriding considerations adopted concurrently herewith.
Rationale: Implementation of the mitigation measure outlined above would reduce the
noise levels associated with construction of the proposed project to the maximum extent
practicable. However, even with implementation of the mitigation measure MM-NCI-1,the
daytime noise levels from construction of the proposed project, especially the proposed
CMSD and City of Newport Beach facilities, are expected to substantially exceed the
existing daytime ambient noise levels at the nearest residential uses and thus could result in
a substantial disturbance to these sensitive receptors. Therefore, because construction
activities associated with the proposed project would generate a substantial temporary or
periodic increase in ambient noise levels in the project area, this impact would remain
significant and unavoidable.
Reference: EIR pp. 4.10-16 to pp.4.10-17
V. Findings Regarding Project Alternatives
Project Objectives
1. Provide a reliable conveyance system for projected 2030 wastewater flows
tributary to each of the existing sewer pump stations proposed to be abandoned.
2. Provide infrastructure that may be efficiently maintained and easily accessed in
the event of an emergency.
3. Reduce the risk of spills in the local agency wastewater collection system due to
system failure.
4. Avoid operational risks associated with pump stations in the wastewater
collection system.
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5. Avoid substantial disruption in the Talbert Nature Preserve for construction
and operation.
6. Avoid the need for new easements from private property owners.
7. Avoid substantial traffic disruption during the construction phase, particularly on
Victoria Street and Hamilton Avenue.
8. Provide a solution that reduces the potential for chronic noise and odor complaints.
Project Alternatives
This section discusses four alternatives to the proposed project, including the No Project
Alternative. The No Project Alternative is a required element of an EIR pursuant to Section
15126.6(e) of the CEQA Guidelines that examines the environmental effects that would occur if
the project were not approved. The other alternatives are discussed as part of the "range of
reasonable alternatives" selected by OCSD. The alternatives addressed in this section are listed
below, followed by a more detailed discussion of each:
• No Project Alternative
• Plant No. 2 Pump Station Alternative
• Victoria Street Force Main Alternative
• Victoria Street Gravity Alternative
1. No Project Alternative (EIR, section 7.5.1 pp. 7-4 to pp. 7-10)
Alternative Description: Under the No Project Alternative, a new OCSD sewer pipeline
connecting the City of Newport Beach Pump Station at Walkabout Circle (Newport
Beach Pump Station) to OCSD Wastewater Treatment Plant No. 2 (Plant No. 2) would
not be constructed, nor would it include the construction of the Costa Mesa Sanitary
District (CMSD) and City of Newport Beach pipelines, or abandonment of associated
pump stations. The project area would not be impacted by construction of the pipelines,
or abandonment of the pump stations (all eight pump stations would remain in service).
Without a new OCSD sewer pipeline, there would continue to be risks associated with
facility failure of the eight existing pump stations. As such, the existing 9,800-foot
Fairview Road Trunk Sewer, which extends along Fairview Avenue between Newport
Boulevard and West Baker Street northeast of the project site, would require upsizing
with a parallel or replacement sewer to accommodate higher future projected wet-
weather flows.
Finding: The Board rejects this alternative for the following reasons: The No Project
Alternative would require upsizing of the Fairview Road Trunk Sewer with a parallel or
replacement sewer. This upsizing would meet the project objectives of providing a
reliable conveyance system for future projected flows, reducing the risk of system failure,
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and avoiding substantial disruption in Talbert Regional Park. The No Project Alternative
would also meet the project objectives of avoiding the need for new easements from
private property owners, avoiding traffic on Victoria Street/Hamilton Avenue, and
avoiding the potential for chronic noise and odor complaints at high points in the pipeline
profile. However, the No Project Alternative would not meet the project objective of
providing infrastructure that may be easily accessed in the event of an emergency, since
the Fairview Road Trunk Sewer runs beneath Fairview Road(a major arterial roadway in
the City of Costa Mesa). Nor would the No Project Alternative meet the project objective
of avoiding operational risks associated with pump stations, since none of the pump
stations would be abandoned under this alternative. The No Project Alternative would
meet some,but not all,project objectives.
Rationale: This alternative does not meet all project alternatives. This alternative would
not provide infrastructure that can be easily accessed in the event of an emergency. Nor
would this alternative avoid operational risks associated with pump stations, since none
of the pump stations would be abandoned under this alternative. Additionally as set
forth in detail in the EIR, this alternative would result in greater impacts to GHG
emissions, traffic and circulation, and utilities, service systems, and energy than the
proposed Project.
2. Plant No. 2 Pump Station Alternative(EIR section 7.5.2 pp. 7-10 to pp. 7-16)
Alternative Description: Under the Plant No. 2 Pump Station Alternative, the OCSD
sewer pipeline would have a similar alignment to the proposed project, and would include
the construction of approximately 3,400 linear feet of 24-inch-diameter gravity sewer
from the existing Newport Beach Pump Station site. The OCSD sewer pipeline would
extend south along the eastern border of Talbert Regional Park and then west from the
terminus of 19th Street toward the Santa Ana River. Construction of the CMSD and City
of Newport Beach pipelines and abandonment of associated pump stations would occur
under this alternative. Construction of the CMSD and City of Newport Beach pipelines
and abandonment of associated pump stations would occur under this alternative. The
vertical shaft on the east side of the Santa Ana River would be converted to a drop
manhole to transition the flow from the 24-inch upstream gravity sewer to the 24-inch
downstream gravity sewer installed within the jacked casing. The vertical shaft on the
west side of the Santa Ana River would be within the OCSD Plant No. 2 and would be
converted to a wet well for a submersible pump station or a conventional wet-pit/dry-pit
pump station. The new pump station located in OCSD Plant No. 2 would convey flows
with approximately 350 linear feet of 14-inch-diameter force main to the existing
Interplant Line in Brookburst Street
Finding: The Board rejects this alternative for the following reasons: The Plant No. 2
Pump Station Alternative would meet the project objectives of providing a reliable
conveyance system for future projected wastewater flows, providing for efficient
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maintenance and ease of access during a spill or emergency, and reducing the risk of
spills due to system failure. This alternative would also meet the project objectives of
avoiding the need for a new regional pump station in Talbert Regional Park as well as
avoiding the need for new easements from private property owners. In addition, the Plant
No. 2 Pump Station Alternative would meet the project objective of avoiding substantial
traffic disruption on Victoria Street and Hamilton Avenue because construction would
not take place on these streets. Furthermore, this alternative would meet the objective of
avoiding the potential for chronic noise and odor complaints due to force main air-release
appurtenances required at high points in the pipeline profile. The Plant No. 2 Pump
Station Alternative would meet all of the project objectives.
Rationale: Although this alternative would meet all of the project objectives, this
alternative would have greater impacts on air quality, biological resources, GHG
emissions, and utilities, service systems, and energy compared to the proposed project.
Additionally, this alternative would not avoid the project's significant and unavoidable
construction noise impacts.
3. Victoria Street Force Main Alternative (EIR section 7.5.3 pp. 7-16 to pp. 7-22)
Alternative Description: Under the Victoria Street Force Main Alternative, the OCSD
sewer pipeline would be constructed as approximately 3,200 linear feet of 14-inch-
diameter trunk sewer force main from a new pump station adjacent to the existing
Newport Beach Pump Station site. The trunk sewer force main would extend northwest
along the northern border of Talbert Regional Park in the existing dirt trail. From there
the trunk sewer force main would continue west on Victoria Street, which turns into
Hamilton Avenue on the west side of the Santa Ana River. The pipeline would be
installed within the existing bridge deck crossing the Santa Ana River. From the bridge,
the pipeline would remain on Hamilton Avenue until the intersection at Brookhurst
Street, where it would connect to the existing OCSD Interplant Line through a new
drop manhole.
Construction of the CMSD and City of Newport Beach pipelines and abandonment of
associated pump stations would occur under this alternative. All pipelines would be
installed by open trench construction methods, except for the portion installed within the
existing bridge deck. This bridge deck section would be installed by sliding and
supporting pipe segments into an existing empty bridge cell by use of spacers/rollers.
Finding: The Board rejects this alternative for the following reasons: The Victoria Street
Force Main Alternative would meet the project objectives of providing a reliable
conveyance system for future projected wastewater flows, providing for efficient
maintenance and ease of access during a spill or emergency, and reducing the risk of
spills due to system failure. This alternative would also meet the project objective of
avoiding the potential for chronic noise and odor complaints due to force main air-release
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appurtenances required at high points in the pipeline profile. This alternative would not,
however, meet the project objective of avoiding the need for new easements from private
property owners, since easements would be required along Hamilton Avenue. Nor would
this alternative meet the project objectives of avoiding substantial traffic disruption on
Victoria Street/Hamilton Avenue or avoiding the need for a new regional pump station in
Talbert Regional Park.
Rationale: The Victoria Street Force Main Alternative would meet some, but not all of
the project objectives. Additionally, as set forth in detail in the FIR, this alternative
would have greater impacts associated with GHG emissions, and utilities, service
systems, and energy than the proposed project.
4. Victoria Street Gravity Alternative(EIR section 7.5.4 pp. 7-22 to pp. 7-28)
Alternative Description: Under the Victoria Street Gravity Alternative, the OCSD sewer
pipeline would be constructed as approximately 1,500 linear feet of 24-inch-diameter
gravity sewer from the existing Newport Beach Pump Station site. Construction of the
CMSD and City of Newport Beach pipelines and abandonment of associated pump
stations would occur under this alternative. The OCSD sewer pipeline would extend
northwest along the northern border of Talbert Regional Park within the wide dirt trail
(Trail A) toward Victoria Street. A 1,235-linear-foot-long inverted sewer siphon segment
under the Santa Ana River would be installed by the HDD method. Once past the Santa
Ana River, the pilot bore would curve upward and exit the ground beyond the easterly
levee in Hamilton Avenue. Inverted sewer siphon inlet and outlet structures (manholes)
would be installed at both ends of the HDD-installed pipeline and would serve as the
transition points between the twin 14-inch inverted siphon segment of the pipeline and
the 24-inch-diameter pipelines on either side.
After the siphon, the flows would be conveyed by approximately 300 linear feet of 24-
inch-diameter gravity sewer in Hamilton Avenue to the existing OCSD Interplant Line in
Brookhurst Street. This segment of pipeline would be installed by open trench
construction methods.
Finding: The Board rejects this alternative for the following reasons. The Victoria Street
Gravity Alternative would meet the project objectives of providing a reliable conveyance
system for future projected wastewater flows, providing for efficient maintenance and
ease of access during a spill or emergency, and reducing the risk of spills due to system
failure. This alternative would also meet the project objectives of avoiding the potential
for chronic noise and odor complaints due to force main air-release appurtenances
required at high points in the pipeline profile, avoiding the need for new easements from
private property owners, and avoiding the need for a new regional pump station in
Talbert Regional Park. However, the Victoria Street Gravity Alternative would not meet
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the project objective of avoiding substantial traffic disruption on Victoria Street/Hamilton
Avenue. Therefore, this alternative would meet most of the project objectives.
Rationale: The Victoria Street Gravity Alternative would meet some but not all of the
project objectives. Additionally, as set forth in detail in the EIR, this alternative would
have greater impacts associated with geologic hazards than the proposed Project
VI. Findings Regarding Other CEQA Considerations
Significant Irreversible Environmental Effects (EIR section 6.3 pp.6-3)
The California Environmental Quality Act (CEQA) Guidelines (Section 15126.2(c)) require that
an EIR identify significant and irreversible environmental changes that would be caused by the
proposed project. Construction of the proposed project would consume fossil fuels, a non-
renewable resource, to power construction vehicles and equipment. The proposed project would
also require materials, including steel and concrete, to build the trunk sewer and other pipelines,
and to fill the abandoned pump stations. Operation of the proposed project would not increase
the use of fossil fuels. Therefore, the Board finds that the proposed project would not have
significant irreversible environmental effects.
Growth Inducing Impacts(EIR section 6.4 pp. 6-3)
Implementation of the proposed project would not potentially or directly result in population
growth or in the construction of additional housing in the project area. Construction of the
proposed project would continue for approximately 2 years, although it is not anticipated to
create employment opportunities beyond the levels normally available to construction workers in
the area. While additional workers would be required during construction of the proposed
project, it is anticipated that most of these workers would commute to the project area from
surrounding communities. In addition, once constructed,the proposed project components would
not require additional employees to maintain them. Therefore, the Board finds that the proposed
project would not induce growth in the project area.
VII. Findings Regarding Responses to Comments and Revisions in
the Final EIR
The final EIR includes the comments received on the EIR and responses to those comments. The
focus of the responses to comments is on the disposition of significant environmental issues
raised in the comments, as specified by CEQA Guidelines § 15088(b).
Finding/Rationale: Responses to comments made on the EIR and revisions to the final EIR
merely clarify and amplify the analysis presented in the document and do not trigger the need to
recirculate per CEQA Guidelines § 15088.5(b).
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Vill. Statement of Overriding Considerations
As set forth in the preceding sections, OCSD's approval of the Southwest Costa Mesa Trunk
Sewer Project No. 6-19 will result in a significant environmental impact that cannot be avoided
even with the adoption of all feasible mitigation measures. Whenever a lead agency adopts a
project which will result in a significant and unavoidable impact, the agency must, pursuant to
Public Resources Code sections 21002 and 21081(b) and State CEQA Guidelines section 15093,
state in writing the specific reasons to support its action based on the final EIR and/or other
information in the administrative record. As documented in the EIR and as explained in the
Findings, the Project will potentially result in one significant and unavoidable impact to the
environment as follows:
IMPACT NOI-1: Construction of the proposed project would temporarily increase ambient
noise levels by more than 5 dB and therefore result in a temporary or periodic increase in
ambient noise levels in the project area above levels existing without the project.
The Board has balanced the Project's benefits against the Project's significant unavoidable noise
impacts. The Board finds that the Project's benefits outweigh the Project's significant
unavoidable impacts, and therefore finds that the Project's significant unavoidable impacts are
acceptable. The Board finds that each of the following benefits is an overriding consideration,
independent of the other benefits, that warrants approval of the Project notwithstanding the
Project's significant and unavoidable impacts:
1. The proposed project would consolidate facilities and reduce the reliance on pump station
infrastructure. This would reduce the overall risks associated with facility failure and the
long-term operational, maintenance, and replacement costs associated with pump station
infrastructure.
2. The proposed project would successfully divert flows from the Fairview Road Trunk
Sewer, currently planned for upsizing to accommodate ultimate system flows. This
diversion is expected to eliminate the need for upsizing of the Fairview Road Trunk
Sewer, saving infrastructure replacement costs and impacts to the public during its
construction phase.
3. The proposed project would improve reliability and longevity of the wastewater collection
system,which would reduce the risk of spills and overflows due to system failure.
4. The demolition and removal of eight pump stations would reduce energy consumption
and greenhouse gas emissions.
5. Without construction of the proposed project (No Project Alternative), pump station
infrastructure would continue to be unreliable and infrastructure would not be put in
place that allows for efficient maintenance and easy access in the event of an emergency.
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Significant impacts resulting from inaction include GHG emissions, traffic and
circulation, and utilities, service systems, and energy.
6. The proposed project would avoid substantial traffic and circulation disruption on
Victoria Street/Hamilton Avenue, as well as, increased geologic hazards that would result
under the Victoria Street Gravity Alternative.
7. The proposed project would avoid substantial impacts on air quality,biological resources,
GHG emissions, and utilities, service systems, and energy that would result under the
Plant No. 2 Pump Station Alternative.
X. Adoption of Mitigation Monitoring And Reporting Program
Pursuant to Public Resources Code Section 21081.6, a public agency making findings required
by subdivision (a) of Section 21081 must adopt a reporting and monitoring program for the
changes to the Project which have been adopted or made a condition of project approval in order
to mitigate or avoid significant effects on the environment.
The Board hereby adopts the Mitigation Monitoring and Reporting Program. The Board further
finds that said program meets the requirements of Public Resources Code Section 21081.6 by
ensuring compliance during project implementation with the mitigation measures identified in
the EIR. The Mitigation Monitoring and Reporting Program is attached to these Findings as
Exhibit "A."
CONCLUSION
For the foregoing reasons, OCSD finds that the project's significant, unavoidable environmental
impacts associated with construction-related noise are outweighed by the above-referenced
benefits, any one of which individually would be sufficient to outweigh the significant,
unavoidable environmental effects of the proposed project. Therefore, the Board adopts these
Findings and Statement of Overriding Considerations.
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INTENTIONALLY LEFT BLANK
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"Attachment B"
CHAPTER 11
MITIGATION MONITORING AND REPORTING PROGRAM
11.1 BACKGROUND
Public Resources Code Section 21081.6 requires the Lead Agency to adopt a reporting or
monitoring program for changes made to the project, or conditions of approval, adopted in order
to mitigate or avoid significant effects on the environment and to monitor performance of the
mitigation measures included in any environmental document to ensure that implementation
takes place. The reporting or monitoring program must be designed to ensure compliance during
project implementation.
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared by the Orange
County Sanitation District (OCSD) to ensure that the proposed Southwest Costa Mesa Trunk
Sewer Project No. 6-19 (proposed project) implements the environmental mitigation identified
by the Final Environmental Impact Report (EIR) for the proposed project. The MMRP provides
a mechanism for monitoring and reporting compliance with the mitigation measures identified in
the EIR during project implementation.
11.2 RESPONSIBILITY
OCSD is the designated Lead Agency for the EIR, and the Costa Mesa Sanitary District (CMSD)
and City of Newport Beach are both responsible agencies for their components of the proposed
project. OCSD, CMSD, and the City of Newport Beach are each responsible for review of their
respective monitoring reports, enforcement actions, and document disposition. OCSD, CMSD,
and the City of Newport Beach will rely on information provided by a monitor as accurate and
up to date and will field check mitigation measure status as required.
11.3 ORGANIZATION
This MMRP is organized in table format, by each mitigation measure(s). The mitigation
measures in the table we identified by the alphanumeric code used in the Final EIR. The
following items are identified for each mitigation measure:
• Responsibility:This column assigns responsibility for the monitoring and reporting activities.
• Mitigation Tindng: This column includes the general schedule for conducting monitoring
and reporting activities and identifies both the timing and frequency of the action.
• Monitoring and Reporting Procedure. This column outlines the appropriate monitoring
and reporting procedures required to verify implementation of the mitigation measure.
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
Proposed MRigag Responsibility Mitigation Timing Monitoring and Reporting Procedure
Biological Resources
MM-BIO-1-Mitigation for direct permanent and temporary impacts shall be OCSD,CMSD,City of The restoration plans OCSD,CMSD,and City of Newport
implemented through on-site restoration of coastal sage scrub and Newport Beach shall be approved by the Beach to each document:(1)approval
riparian/wetland communities within and adjacent to the alignment in ACOE,CDFW,RWCQB, of the applicable restoration plan;(2)
accordance with the mitigation ratios presented in Table 4.3-8.All and CCC prior to implementation of the applicable
temporary impacts to vegetated areas within Talbert Nature Reserve will be commencement of restoration plan during construction;and
restored with appropriate native vegetation(including impacts to disturbed construction.The (3)implementation of restoration
vegetation,such as ruderal,ornamental,and annual grassland).A total of restoration plans shall be requirements during project operation.
1.79 acres are expected to be restored,offsetting all permanent and implemented during
temporary significant impacts to vegetation communities and existing construction.Restoration
mitigation areas. These mitigation areas have been identified and required by maintenance
detemlined to feasibly support the proposed native revegetation to and Ior repair activities
adequately mitigate project impacts. Feasibility of native revegetation is shall be implemented
primarily based on suitable soils,slopes,and aspect as well as the during project operation
presence of similar native vegetation adjacent to the proposed mitigation in accordance with the
areas. Operations&
OCSD,CMSD,and the City of Newport Beach shall each develop and Maintenance Manual.
implement a conceptual restoration plan for direct permanent and
temporary impacts within each agency's service area as identified in Table
4.3-8(see Figures 3-3 and 3-4 for identification of service areas).
The conceptual restoration plans shall provide for restoration of permanent
and temporary impacts of construction and implementation of required
additional enhancement(or other restoration)activities either on site,at an
acceptable off-site location,or through acquisition of approved mitigation
credits.Mitigation silelcredit acceptability will be determined by the ACOE,
CDFW,RWQCB,and CCC.The conceptual restoration plans shall,at a
minimum,include an implementation plan,plantinglseeding plan,invasive
species eradication methods,interim and final success criteria/performance
standards,estimated costs,and identification of responsible entities.The
conceptual restoration plans shall be approved by the ACOE,CDFW,
RWQCB,and CCC prior to construction of the proposed project.
Temporary impacts that occur during construction,outside the approved
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
In Proposed Mitigation Responsibility Mitigation Timing Monitoring and Reporting Procedure
limits,will require mitigation at a 1:1 ratio(1:1 in situ revegetation only).
Future temporary impacts within the proposed utility easements due to
maintenance andlor repair shall require restoration at a 1:1 ratio(in situ
restoration only)in accordance with the approved Operations&
Maintenance Manual.
MM-BIO-&Project construction shall be completed by each agency(OCSD, OCSD,CMSD,City of During construction OCSD,CMSD,and City of Newport
CMSD,and the City of Newport Beach)in conformance with the County of Newport Beach Beach to each document
Orange Central and Coastal Subregion Natural Community Conservation implementation of measures in a
Planning and Habitat Conservation Plan(NCCPIHCP),which provides for biological compliance report completed
avoidance of impacts during the breeding season of most special-status by a designated,qualified project
wildlife species as well as minimization of impacts to biological resources. biologist.
Implementation of the following measures(text in italics is language directly
taken from the Central/coastal NCCPIHCP)shall be documented in a
biological compliance report completed by a designated,qualified project
biologist.Whereas the conditions below reference coastal sage scrub(CSS),
these measures will also apply to other native habitats within the project
study area(i.e., riparian/wetland communities).
1)To the maximum extent practicable,no grading of CSS habitat
that is occupied by nesting gnafcafchers will occur during the
breeding season(February 15 through July 15).It is expressly
understood that this provision and the remaining provisions of
these"construction-related minimization measures,"are subject to
public health and safety considerations. These considerations
include unexpected slope stabilization,erosion control measure
and emergency facility repairs.In the event of such public health
and safety cimumstances,landowners or public agenciesruldiftes
will provide USFWSICDFW with the maximum practicable notice
(or such notice as is specified in the NCCPIHCP)to allow for
capture of gnafcatchers,cactus wrens and any other CSS
Identified Species that are not otherwise flushed and will carry out
the following measures only to the extent as practicable in the
context of the public health and safety considerations.
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
Proposed Mitigation Responsibility Mitigation Timing Monitoring and Reporting Procedure
2)Prior to the commencement of grading operations or other activities
involving significant soil disturbance,all areas of CSS habitat to be
avoided under the previsions of the NCCPMCP,shall be identified
with temporary fencing or other markers clearly visible to
construction personnel.Additionally,prior to the commencement of
grading operations or other activities involving disturbance of CSS,
a survey[using USFWS-protocol survey methods]will be conducted
to focal@ gnatcatchers and cactus wrens within 100 feet of the outer
extent of projected soil disturbance activities and the locations of
any such species shall be clearly marked and identified on the
construction/grading plans.
3)A monitoring biologist,acceptable to USFWWDFW will be on site
during any clearing of CSS.The landownerorrdevant public
agency/utility will advise USFWSICDFW at least seven(7)calendar
days(andproherably fourteen(14)calendar days)prior to the
clearing ofany habitat occupied by Identified Species to allow
USFWSrCDFW to work with the monitoring biologist in connection
with bird flushinglicapture activities. The monitoring biologist will
flush Identified Species(avian or other mobile Identified Species)
from occupied habitat areas immediately prior to brush-cloadng and
earth-moving activities.If birds cannot be flushed,they will be
captured in mist nets,if feasible,and relocated to areas of the site to
be protected or to the NCCPMCP Reserve System[mist net
rapture and relocation is required for this project but may be
conducted by the NCCPIHCP reserve ownerfmanager(s)j.it will be
the responsibility of the monitoring biologist to assure that Identified
bird species will not be directly impacted by brush-clearing and
earth-moving equipment in a manner that also allows for
construction activities on a finely basis.
4)Following the completion of initial gradingrearth movement activities,
all areas of CSS habitat to be avoided by construction equipment
and personnel will be marked with temporary fencing and other
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
Proposed Mitigation Responsibility Mitigation Timing Monitoring and Reporting Procedure
appropriate markers clearly visible to construction personnel.No
construction access,parking or storage of equipment or materials
will be permitted within such marked areas.
5)In areas bordering the NCCP Reserve System or Special
U'nkage/Special Management areas containing significant CSS
identified in the NCCPMCP for protection, vehicle transportation
routes between cut-and-fill locations will be restricted to a
minimum number during construction,consistent with project
construction requirements. Waste dirt or rubble will not be
deposited on adjacent CSS identified in the NCCPMCP for
protection.Preconstmcthm meetings involving the monitoring
biologist,construction supervisors and equipment operators will
be conducted and documented to ensure maximum practicable
adherence to these measures.
6)CSS identified in the NCCPMCP for protection and located within
the likely dust drift radius of construction areas shall be
periodically sprayed with water to reduce accumulated dust on the
leaves as recommended by the monitoring biologist.
In addition,the fallowing measures not listed in the NCCPIHCP shall be
implemented by OCSD,CMSD,and the City of Newport Beach under the
direction of the project biologist:
1. At the end of each workday,the project biologist(or contractor
under the direction of the project biologist)will check that all
potential wildlife pitfalls(trenches,bores,and other excavations)
have been backfilled,covered,or sloped to allow wildlife egress.
Should wildlife individuals become trapped,a qualified biologist
shall remove and relocate them.
2. All pipes or other construction materials or supplies will be covered
or capped in storage or Iaydown areas at the end of each workday.
No pipes or tubing of sizes or inside diameters ranging from 1 to 10
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
Proposed Mitigation Responsibility Mitigation Timing Monitoring and Reporting Procedure
inches will be left open either temporarily or permanently.
3. No equipment maintenance will be performed within 100 feet of
coastal sage scrub and/or wetland/riparian communities and
jurisdictional waters,where petroleum products or other pollutants
from the equipment may enter these areas.
4. All applicable measures of the current National Pollutant Discharge
Elimination System(NPDES)permit for construction activities shall
be implemented.
MM•BIO.3-OCSD,CMSD,and the City of Newport Beach shall each develop OCSD,CMSD,City of Prior to commencement OCSD,CMSD,and City of Newport
an operations and maintenance manual for the project components within each Newport Beach of construction Beach to each develop operations and
agencys service area(see Figures 33 and 3-4for identification of service maintenance manuals in coordination
areas). with OC Parks.
The operations and maintenance manuals,to be developed in coordination with
Orange County Parks(OC Parks),shall outline the restrictions and best
practices related to conducting operations,maintenance,and potential repair
activities within Talbert Regional Park.A draft Operations&Maintenance
Manual is included as Appendix J of the Biological Technical Report
(Appendix C).At a minimum,the manuals shall include:identification of
designated access roads and gates; expected patrol and maintenance time
intervals;routine repairlmaintenance activities and locations,areas and
procedures to be used for routine weed abatement and clearing;procedures for
notification of OC Parks regarding operations and maintenance activAies;
measures to minimize dust,runoff,tmstddebds,chemical pollutant spills,and
introduction of non-native invasive species;and any other anticipated
operational activities.The manuals shall also provide for avoidance and
minimization of maintenance activities during the bird breeding season
(February 15-July 15)and restoration of temporary impacts at a 1:1 ratio(iry
situ)where feasible.
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CHAPTER 11-MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
Proposed Mitigation Responsibility Mitigation Timing Monitoring and Reporting Procedure
MM-13I04-OCSD,CMSD,and the City of Newport Beach shall each be OCSD,CMSD,City of During construction and Contractors to report to OCSD,CMSD,
responsible for monitoring noise impacts to sensitive wildlife species. Newport Beach future maintenance andlor the City of Newport Beach that
Regardless of the time of year,during construction of the OCSD trunk sewer, activities construction on behalf of each agency
a noise barrier shall be placed along the southern edge of the alignment was completed outside of breeding
adjacent to the Santa Ana River Marsh to minimize adverse noise impacts to season.
the light-footed clapper rail.Construction activities in this vicinity will be also OR
minimized to extent feasible to reduce the potential for disturbance to light- If any construction cannot be avoided
footed clapper rail(e.g.,prior to utilizing this area for staging or storage, during the breeding season,the
OCSD or the Contractor shall document the need for construction activities to contractor will report to OCSD,CMSD,
occur in this area and the lack of suitable alternative sites)During the bird and/or the City of Newport Beach the
breeding season(February 15-July 15),construction activities that have the results of the weekly biological survey
potential to generate greater than 60 A-weighted decibels(dBA)hourly for nesting bird species.
equivalent level(Leq)shall be monitored by a qualified biologist to confirm
that construction-generated noise is less than 60 dBA hourly Leq at the
location of any coastal California gnatcatcher,least Bell's vireo,light-footed
clapper rail,and/or raptor nests.Nest locations shall be determined by
conducting focused surveys weekly during the bird breeding season within
300 feet of any current or planned construction. If construction occurs within
300 feet of any active nests of these species,noise attenuation(e.g.,sound
walls,limitatons on the duration/frequency of noise-generating activities)
shall be implemented as necessary to reduce noise levels below the 60 dBA
hourly Leq threshold.Additionally,after construction has been completed nest
locations shall be detennined by conducting focused surveys annually during
the bird breeding season within 300 feet of any current or planned operations
or maintenance activities.This measure shall be incorporated into the
operations and maintenance manual to be prepared by each agency(OCSD,
CMSD,and City of Newport Beach)and shall apply to each agency's future
operations and maintenance activities,such that routine maintenance near
wildlife habitat areas is scheduled outside of the breeding season(to the
extent practicable)and noise/activity limitations(as discussed above)are
employed when maintenance and operations during the breeding season are
unavoidable.
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
Proposed III ilifligation Timing Monitoring and Reporting Procedure
MM-Eill OCSD shall prepare and implement a frao-out contingency plan. OCSD Prior to commencement OCSD to prepare and submit frao-out
The plan shall he approved by the ACOE,CDFW,RWOCB,CCC,and of construction plan for approval by the ACOE,CDFW,
USFWS.The contingency plan is intended to minimize the potential fora fraG RWOCB,CCC,and USFWS.
out associated with tunneling activities;provide for the timely detection of
fracouts;and ensure an organized,timely,and"minimum-impact"response
in the event of an unlikely frac-out and release of drilling lubricant(i.e.,
bentonite).The contingency plan will require,at a minimum,the following
measures:
• A full-time monitor will attend all drilling to look for observable free-
out conditions or lowered pressure readings on drilling equipment.
• Maintenance of a 25-fool minimum depth below the bottom of the
Santa Ana River.
• Use of lower pressure and nontoxic leak sealants in substrates
where frai are more likely to occur.
• If a frac-out is identified,all work will stop,including the recycling of
drilling lubricant. In the event of a frac-out into water,the pressure of
water above the tunnel will keep excess mud from escaping through
the fracture.The location and extent of the frac-out will be
determined,and the frac-out will be monitored for 4 hours to
determine whether the drilling lubricant congeals(bentonite will
usually harden,effectively sealing the frac-out location).
• If the drilling lubricant congeals,no other actions will be taken that
would potentially suspend sediments in the water column.
• Surface Releases of bentonite will be allowed to harden and then will
be removed.
• The contingency plan will identify additional measures to be taken to
contain or remove the drilling lubricant if it does not congeal.
• Notification procedures,including immediate notification of resource
agencies,in the event of a fraaoul.
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
Proposed MRigag Responsibility Mitigation Timing Monitoring and Reporting Procedure
Cultural Resources
MM-CU41-Prior to the start of any earthmoving activity within the 01 OCSD,CMSD,City of Prior to and during The archaeological monitor shall
CMSD,or City of Newport Beach service areas of the proposed project,an Newport Beach construction conduct preconstruction wltural
archaeological monitor and Native American representative shall be retained resources worker sensitivity training.
by the agency conducting earthmoving activity to monitor ground-disturbing The duration and timing of monitoring
activities associated with their respective components of the proposed shall be determined by the qualified
project,including but not limited to grading,excavation,brush clearance,and archaeologist in consultation with
grubbing.The archaeological monitor and Native American representative OCSD,CMSD,and the City of Newport
shall conduct preconstmction cultural resources worker sensitivity training to Beach.
bring awareness to personnel of actions to be taken in the event of a cultural
resources discovery.The archaeological monitor shall be,or shall work under In the event that cultural resources are
the supervision of,a qualified archaeologist,defined as an archaeologist unearthed during ground-disturbing
meeting the Secretary of the Interior's Standards for professional archaeology activities,the archaeological monitor
(U.S.Department of the Interior 2010).The duration and timing of monitoring shall have the authority to halt or
shall be determined by the qualified archaeologist and Native American redirect ground-disturbing activities
representative in consultation with OCSD,CMSD,and the City of Newport away from the vicinity of the find so that
Beach.Initially,all ground-disturbing activities associated with the proposed the find can be evaluated.
project shall be monitored.However,the qualified archaeologist and Native
American representative,based on observations of soil stratigraphy or other
factors,and in consultation with OCSD,CMSD,and the City of Newport
Beach,may reduce the level of monitoring as warranted.In the event that
cultural resources are unearthed during ground-disturbing activities,the
archaeological monitor and Native American representative shall have the
authority to halt or redirect ground-disturbing activities away from the vicinity
of the find so that the find can be evaluated.
If a cultural resource is encountered during constructor,construction
activities shall be redirected away from the immediate vicinity of the find until
it can be evaluated by a qualified archaeologist and Native American
representative. If the find is determined to be potentially significant,the
archaeologist,in consultation with OCSD,CMSD,or the City of Newport
Beach and appropriate Native American group(s)(if the find is a prehistoric or
Native American resource),shall develop a treatment plan that will identify
how such impacts can be avoided and I or mitigated.Construction activities
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
IN Proposed Mitigation Responsibility Mitigation Timing Monitoring and Reporting Procedure
shall be redirected to other work areas until the treatment plan has been
implemented or the qualified archaeologist and Native American
representative determines that work can resume in the vicinity of the find.
MM-CUL-2-Prior to the start of any earthmwving activities within the 01 OCSD,CMSD,City of Pnor to and during OCC paleontologist to prepare and
CMSD,or City of Newport Beach service areas of the proposed project,an Newport Beach construction submit paleontological resources
Orange County-certified(OCC)paleoMdogist shall be retained by the agency mitigation and monitoring plan to the
conducting earthmoving activity.Based on geotechnical findings and the final County for approval.
construction design plans for the proposed OCSD,CMSD,and City of Newport
Beach pipelines,the OCC paleontologist shall develop a paleontological In the event that paleontological
resources mitigation and monitoring plan for each agency's respective resources are unearthed during ground-
components of the proposed project,prior to construction.The mitigation and disturbing activities,excavations within
monitoring plans shall address preconstruction salvage and reporting; 50 feet of the find shall be temporarily
premnstmction contractor sensitivity training;procedures for paleontological halted until the find is examined by a
resources monitoring;microscopic examination of samples where applicable;the qualified paleontologist.
evaluation,recovery,identification,and coration of fossils;and the preparation of a
final mitigation report.The plan shall be consistent with the Society for Vertebrate
Paleontology Standard Guidelines for the mitigation of construction-reated
adverse impacts to paleontological resources.
In the event that paleontological resources are discovered during construction,
excavations within 50 feet of the find shall be temporarily halted or diverted until
the discovery is examined by the qualified paleontologist.The paleontologist
shall notify,the appropriate agencies to determine procedures that should be
followed before construction is allowed to resume at the location of the find.If
the lead agencies determine that avoidance is not feasible,the paleontologist
shall prepare an excavation plan for mitigating the effect of the proposed project
on the qualities that make the resource important.The plan shall be submitted
to the County for review and approval prior to implementation.
MM-Ci In the event of accidental discovery of any human remains OCSD,CMSD,City of During construction OCSD,CMSD,and/or City of Newport
during construction of the OCSD,CMSD,or City of Newport Beach Newport Beach Beach to notify county coroner and halt
components of the proposed project,the agency responsible for the discovery construction in the event of accidental
shall contact the county coroner shall be notified immediately and discovery of human remains.
construction activities shall be halted in accordance with Section
15064.5 e 1 of the CEQA Guidelines and California Health and Safety Code
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
Proposed Mitigation Responsibility Mitigation Timinut Momitorinut and Reportinq Procedure
Section 7050.5.If the remains are found to be Native American,Health and
Safety Cade Section 7050.5,Subdivision(c),and Public Resources Code
5097.98(as amended by Assembly Bill 2641)shall be followed by the
appropriate agency.
Hazards and Hazardous Materials
Mill The contractors for OCSD,CMSD,and the City of Newport OCSD,CMSD,City of During construction Contractors to report to OCSD,CMSD,
Beach shall each be responsible for all aspects of mobilization,setup, Newport Beach andlor the City of Newport Beach that all
operation,testing,and management;providing 24-hour trained personnel for preventative measures have been
monitoring and operation;pressure testing;spill containment at all points of adhered to during construction.
suction,discharge,and ramp crossing connections,and spill management,
including cleanup and replacement of damaged property and fines.In the
event of an unauthorized spill associated with the routine transport,use,or
disposal of hazardous materials,the contractors shall contact the California
Emergency Management Agency and the National Response Center.
MM-HAZ•2-Prior to performing work within or adjacent of the former landfill, OCSD,CMSD,City of Prior to and during Contractors to contact OCHCA prior to
contractors for OCSD,CMSD,and City of Newport Beach shall contact Newport Beach construction construction within or adjacent to former
Orange County Health Care Agency(OCHCA),the Lead Enforcement landfill,and report the results of
Agency(LEA)for the landfill.A geophysical survey will be performed in the geophysical survey to OCSD,CMSD,
southwestern portion of the landfill to evaluate the subsurface conditions and and City of Newport Beach.
determine the waste fill extents to ensure that excavation will be not located
within the waste fill areas of the landfill. Contractors to monitor construction
During construction of the proposed pipelines within or adjacent to the former activities within or adjacent to former
Newport Terrace Landfill,the contractors for OCSD,CMSD,and City of landfill and report findings to OCSD,
Newport Beach shall monitor construction and excavation activities within CMSD,and City of Newport Beach.
their respective service areas,including air monitoring for dust,volatile
organic compound(VOC)vapors,methane,and oxygen,and oversight to
determine presence of potentially hazardous materials. If impacts are
encountered,the contractors will fallow the Hazardous Materials Contingency
Plan(See MM-HAZ4).
MM-HAZ-3-During construction within 100 feel of the identified Department OCSD During construction Contractor for OCSD to conduct and
of Conservation,Division of Oil,Gas,and Geothermal Resources(DOGGR) report findings of air monitoring and
wells,OCSD shall conduct air monitoring and visual observation. If visual observation during construction
contamination is encountered,the contractors shall follow the Hazardous within 100 feet of DOGGR wells.
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
Proposed M@igati Responsibility Mitigation Timing Monitoring and Reporting Procedure
Materials Contingency Plan(See MM-HAZ-0).
Milli OCSD,CMSD,and the City of Newport Beach shall each OCSD,CMSD,City of Prior to commencement OCSD,CMSD,and City of Newport
prepare a hazardous materials contingency plan for their respective portions Newport Beach of construction Beach to each prepare hazardous
of the proposed project(see Figures 3-3 and 34)that will incorporate the materials contingency plans to keep on
appropriate procedures for the handling and disposal of potentially hazardous file. Each agency will comply with the
materials in accordance with local,State and Federal Regulations,including plans during construction.
the following:
• Specific measures taken to protect worker and public health and
safety(e.g.Personal protective equipment and monitoring air for
dust,VOC vapors,methane and oxygen)
• Specific measures to be taken to manage refuse(d encountered)
(e.g.Contact LEA;stop work)
• Procedures for limiting access to the contaminated area to properly
trained personnel(e.g.Set-up traffic cones and caution tape)
• Procedures for notification and reporting,including internal management
and local agencies(as needed)(e.g.Reference threshold quantities and
contact LEA and National Response Center)
• A worker health and safety plan for excavation of potentially
contaminated soil and/or refuse
• Procedures for characterization and management of excavated soils
(e.g.,Soil sampling and stockpile soil management)
• Procedures for certification and completion of remediation.(e.g.
Collection of confirmation samples)
Noise
N01-1-The Orange County Sanitation District(OCSD),Costa Mesa Sanitary OCSD,CMSD,City of During construction Contractors to report to OCSD,CMSD,
District(CMSD),and City of Newport Beach shall each require their Newport Beach and/or the City of Newport Beach that all
respective contractors to implement the following measures during feasible noise reduction measures
construction of the proposed project,to the extent feasible: followed during construction.
• Construction shall not occur between the hours of 6:30 p.m.and
7:00 a.m.Monday through Friday,between 6:00 p.m.and 9:00 a.m.
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CHAPTER 11—MITIGATION MONITORING AND REPORTING PROGRAM
Table 11-1
Mitigation Monitoring and Reporting Program
Proposed Mitigatio Responsibility Mitigation Timing Monitoring and Reporting Procedure
on Saturday,or at any time on Sundays or federal holidays.The
hours of construction,including noisy maintenance activities and all
material transport,shall be restricted to the periods and days
permitted by the local noise or other applicable ordinance.
• All noise-producing project equipment and vehicles using internal-
combustion engines shall be equipped with mufflers,air-inlet
silencers where appropriate,and any other shrouds,shields,or other
noise-reducing features in good operating condition that meet or
exceed anginal factory specifications.Mobile or fixed"package'
equipment(e.g.,arc welders,air compressors)shall be equipped
with shrouds and noise-control features that are readily available for
that type of equipment.
• All mobile or fixed noise-producing equipment used on the project
that are regulated for noise output by a local,state,or federal
agency shall comply with such regulations while in the course of
project activity.
• Electrically powered equipment shall be used instead of pneumatic
or internal-combustion-powered equipment,where feasible.
• Material stockpiles and mobile equipment staging,parking,and
maintenance areas shall be located as far as practicable from noise-
sensitive receptors.
• Construction site and access road speed limits shall be established
and enforced during the construction period.
• The use of noise-producing signals,including horns,whistles,
alarms,and bells,shall be for safety warning purposes only.
• No project-related public address or music system shall be audible
at any adjacent receptor.
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CHAPTER 11-MITIGATION MONITORING AND REPORTING PROGRAM
INTENTIONALLY LEFT BLANK
So.M.st Costa Mesa Trunk Sewer Project No.6-19 7193
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OPERATIONS COMMITTEE Neebng Dare To ad.of Di,
07,02,14 --
AGENDA REPORT Item Number Item Numbe
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: INFORMATIONAL PRESENTATION ON PROCUREMENT PROCESS
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
As part of the ongoing Board Member Orientation effort, OCSD staff will provide a
general presentation on specific topics that the Board of Directors requested via a survey
conducted in October 2013. Each month a different topic will be presented to both the
Operations Committee and Administration Committee.
This presentation will provide a brief and general overview of the Procurement Process.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The following informational presentations have been provided to both Operations and
Administration Committees:
• February - OCSD Budget and Finances
• March -Water Quality and OCSD's Disinfection Program
• April - Community Outreach Program
• May- Reserves, Investments and Financial Policies
• June - Collections
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
Page 1 of 2
ATTACHMENT:
The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD
website(www.ocsd.com) with the complete agenda package and attachments:
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OPERATIONS COMMITTEE NeeUng Date TOBA.Of Dir.
07/02/14 o7/z3/14
AGENDA REPORT Item Number Item Number
7
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: REDUCTION IN LONG-TERM LIABILITIES
GENERAL MANAGER'S RECOMMENDATION
Informational Only.
SUMMARY
During the budget development process, staff informed the Board that projected
reserves would exceed the amount required by fiscal policy. Additionally, it was
determined that the District could prudently use these excess funds to reduce the
District's long-term liabilities. As a result, the Adopted FY 2014-15 Budget includes $125
million to reduce its long-term liabilities.
The two available options to reduce long-term liabilities include paying down a portion of
the District's $195 million unfunded actuarial accrued liability (UAAL) administered by
OCERS or paying down the District's $1.2 billion outstanding bonded debt.
The District requested OCERS to provide a UAAL contribution rate for every 1 million of
additional contributions made against the UAAL. Last month, OCERS informed staff
that their actuary had determined that the UAAL rate would be reduced by 0.11% for
each $1 million of additional contributions made by the District towards the UAAL. A
$125 million pay down on the UAAL would result in a decline of the current UAAL rate
by 13.75% (125 X .11%), or from 25.60% to 11.85%.
The following compares the two options of reducing long-term liabilities:
$125 MILLION EARLY PAYMENT OPTIONS(in millions)
Current Status Option 1 Option 2
Payment Categories (No Payment) Pay Down Pay Down
OCERS UAAL Debt
Debt Service (5%) ($ 6.25) ($ 6.25) $ 0.00
Interest Revenue(2%) $ 2.50 $ 0.00 $ 0.00
Normal (OCERS Non-UAAL) ($ 6.43) ($ 6.43) ($ 6.43)
UAAL Paid to OCERS ($15.85) ($ 7.34) ($15.85)
Total Annual Payment ($26.03) ($20.02) ($22.28)
Annual Savings I (Current vs option) 1 $ 6.01 $ 3.75
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Based on the comparison above, paying down the OCERS UAAL by $125 million would
yield an annual savings of $6.01 million ($26.03 - $20.02) as opposed to paying down
on bonded debt which would yield an annual savings of$3.75 million ($26.03 - $22.28).
PRIOR COMMITTEE/BOARD ACTIONS
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This item has been budgeted.
ATTACHMENT
N/A
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ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control Plan
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
Glossary of Terms and Abbreviations
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or
near the seabed, also know as the benthic zone.
Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes
decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in
water.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Glossary of Terms and Abbreviations
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D1T) — the dilution at which the majority of the people detect the odor
becomes the DrT for that air sample.
Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane,
nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse
effect").
Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively
responds to Southern California's current and future water needs. This joint project between the
Orange County Water District and the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the
ocean for disposal, after treatment.
Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban run-off.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing emissions
from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process,
where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Glossary of Terms and Abbreviations
Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed —A land area from which water drains to a particular water body. OCSD's service area is
in the Santa Ana River Watershed.