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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 Return to Mende Rom 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 Return to Mende Report 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 DRAFT CONTRACT-DO NOT SUBMIT Return b Agenda Report 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 DRAFT CONTRACT-DO NOT SUBMIT Return to Mends Report 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: ����� 1. CONiPACT]EPM4.3 . 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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 RT:JB:sa:gc 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. 7193 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). 7193 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 7193 7 May 2014 Return to Aaenda Report 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 7193 8 May 2014 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 7193 9 May 2014 Return to Aaenda Report 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 7193 10 May 2014 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 7193 11 May 2014 Return to Aaenda Report 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 7193 12 May 2014 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 7193 13 May 2014 Return to Aaenda Report 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 7193 14 May 2014 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. 7193 15 May 2014 Return to Aaenda Report 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 7193 16 May 2014 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 7193 17 May 2014 Return to Aaenda Report 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 7193 18 May 2014 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 7193 19 May 2014 Return to Aaenda Report 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 7193 20 May 2014 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. 7193 21 May 2014 Return to Aaenda Report 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- 7193 22 May 2014 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 7193 23 May 2014 Return to Aaenda Report 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 7193 24 May 2014 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 7193 25 May 2014 Return to Aaenda Report 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 7193 26 May 2014 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 7193 27 May 2014 Return to Aaenda Report 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 7193 28 May 2014 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 7193 29 May 2014 Return to Aaentle Report 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 7193 30 May 2014 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, 7193 31 May 2014 Return to Aaenda Report 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 7193 32 May 2014 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. 7193 33 May 2014 Return to Aaenda Report 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 7193 34 May 2014 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. 7193 35 May 2014 Return to Aaenda Report 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). 7193 36 May 2014 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 7193 37 May 2014 Return to Aaenda Report 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 7193 38 May 2014 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. 7193 39 May 2014 Return to Aaenda Report • 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. 7193 40 May 2014 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, 7193 41 May 2014 Return to Aaenda Report 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 7193 42 May 2014 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 7193 43 May 2014 Return to Aaenda Report 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 7193 44 May 2014 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). 7193 45 May 2014 Return to Aaenda Report 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. 7193 46 May 2014 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. 7193 47 May 2014 Return to Aaenda Report INTENTIONALLY LEFT BLANK 7193 48 May 2014 "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. Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-1 Return b Aaende Report 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 Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-2 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. Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-3 Return b Aaeoda Report 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 Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 114 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 Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-5 Return b Acende Report 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. Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-6 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. Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-7 Return b Aaerda Report 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. Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-8 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 Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-9 Return b Aaerda Report 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 Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-10 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. Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-11 Return b Aaenda Report 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. Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-12 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. Southwest Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-13 Return to Aaenda Repotl CHAPTER 11-MITIGATION MONITORING AND REPORTING PROGRAM INTENTIONALLY LEFT BLANK So.M.st Costa Mesa Trunk Sewer Project No.6-19 7193 June 2014 11-14 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: N/A Page 2 of 2 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 Page t Of 2 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 Page 2 of 2 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.