HomeMy WebLinkAbout2006-01-09_EQAC_AgendaCITY OF NEWPORT BEACH
ENVIRONMENTAL QUALITY AFFAIRS
COMMITTEE
DATE /TIME: Monday, January 9, 2006 - 7:00 p.m.
LOCATION: Police Department Auditorium
870 Santa Barbara Drive
Roll Call
1. Minutes of December 19, 2005 (draft minutes attached)
2. Report from Subcommittee on Draft EIR for Michelson Water Reclamation Plant Capacity
Phase 2 and 3 Expansion Project, Irvine Ranch Water District (attachment)
3. Discussion of meeting attendance (attachment)
4. Report from EQAC Representative to GPUC
5. Report from EQAC Members on GPAC
6. Economic Development Committee (EDC) Representative's Report
7. Report from Staff on Current Projects
8. Public Comments
9. Future Agenda Items
10. Adjournment
NEXT MEETING DATE: February 13, 2006 (2"d Monday)
'Attachments can be found on the City's website http: / /www.city.newport- beach.ca.us. Once there, click on Citv
Council, then scroll to and click on Agendas and Minutes then scroll to and click on Environmental Quality
Affairs. If attachment is not on the web page, it is also available in the City of Newport Beach Planning Department,
3300 Newport Boulevard, Building C, 2 oo Floor.
CITY OF NEWPORT BEACH
ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE
DRAFT MINUTES 12 -19 -05
Draft minutes of the Environmental Quality Affairs Committee held at the City of Newport
Beach Police Department Auditorium, 870 Santa Barbara Drive, on Monday, December 19,
2005.
Members Present:
X
Steve Rosansk , Council Member
Walter Lazicki -EXC
X
Richard Nichols, Council Member
X
Sandra Haskell
X
Cris Trapp, Chairperson
Barry Allen - Absent
X
Dolores Ottin , Vice Chair
X
Kristine Adams
X
Jeannette Thomas
X
Marianne Zippi
X
Matt Wiley
Tom Hyans — Sick Leave
X
Christopher Welsh
X
Jack Wu
X
Mike Browning
Jennifer Winn - Absent
X
Brent Cooper
X
Ray Halowski
Laura Dietz - Absent
X
Carol Mentor McDermott
X
Kenneth Drellishak
X
Barbara Thibault
Adam Boettner - Resigned
Merritt Van Sant - Absent
X
Laura Curran
Staff Representatives:
Guests Present:
X Assistant City Manager Sharon Wood Norris Brandt, Steve Malloy and Richard
Diamond of IRWD, Peter Quinlan and John
Porteous of Dudek & Associates, Planning
Commissioners Robert Hawkins and Barry
Eaton
Chairperson Cris Trapp called the meeting to order at approximately 7:10 p.m.
Chairperson Cris Trapp announced the resignation of Carol Mentor McDermott and thanked
her for her years of service on EQAC.
Chairperson Cris Trapp added item 2A to the agenda, a case study of DEIR comments, for
which material was included in the agenda packets.
1. Minutes of November 21, 2005
Motion: Ray Halowski moved to approve the minutes as corrected.
Sandra Haskell seconded the motion.
Motion passed unanimously
2. Presentation on Michelson Water Reclamation Plant Capacity Expansion Project,
Irvine Ranch Water District.
Norris Brandt and Steve Malloy, of the Irvine Ranch Water District, and Peter Quinlan
and John Porteous of Dudek & Associates gave a presentation on the background of
IRWD, recycled water, the Michelson project and the DEIR. They also responded to
questions from members of the Committee.
2A. Case Study of Comments on DEIR
Chairperson Cris Trapp reviewed materials regarding the Orange County Sanitation
District Newport Trunk Sewer project as an example for DEIR review. Planning
Commissioners Hawkins and Eaton commented from their experiences as members of
EQAC and the Planning Commission.
3. Report from EQAC Members on GPUC —
No Report
4. Report from EQAC Members on GPAC —
Sharon Wood reported that GPAC, as well as the Planning Commission and City
Council, have reviewed drafts of the Natural Resources, Safety, Recreation, Land Use,
and Circulation Elements of the updated General Plan. In January and February they
will review the Housing and Noise Elements.
5. Economic Development Committee (EDC) Representative's Report —
Chairperson Trapp reported that the December meeting was cancelled.
6. Report from staff on Current Projects —
No Report
7. Public Comments —
None
8. Future Agenda Items -
Staff discussion of codes and standard conditions of approval.
9. Adjournment -
The meeting was adjourned at approximately 8.59 p.m.
MEMORANDUM
To: Mayor Don Webb and Members of the City Council
City of Newport Beach
Cc: Homer Bludau, City Manager
DRAFT
From: Orange County Sanitation District Subcommittee ( "EQAC ")
City of Newport Beach
Subject: Irvine Ranch Water District Draft Environmental Impact Report for
the Michelson Water Reclamation Expansion Project
Date: January 9, 2006
Thank you for the opportunity to comment on the Draft Environmental Impact
Report ( "DEIR ") for the Irvine Ranch Water District's ( "IRWD ") Michelson Water
Reclamation Expansion Project (the "Project ").
We wish to thank Mr. Norris Brandt and the other IRWD staff members, as well
as members of the consulting team that prepared the DEIR, who made an extensive
presentation to EQAC at its December 19, 2005 meeting. We thank them for their input.
EQAC's comments are as follows:
Executive Summary
"ES.6.1 Hydrology and Water Quality" (page ES -5): In the "Issues" paragraph,
the preparers failed to acknowledge major concerns raised by the University of California
Natural Reserve System ( "UCNRS ") regarding subsidence of the marsh in the area of
Campus Drive and the increased depth of ground water resources which negatively
affects natural habitats in the marsh (See Appendix A, UCI letter dated June 30, 2005).
Impacts of the Project on these issues and others raised in the referenced letter should be
analyzed as a part of the final EIR, since they affect the viability of the entire marsh and
habitat.
3.0 Proiect Description
"Reclaimed Water Pumping" (page 3 -11): The DEIR states that three 9 million
gallons per day ( "mgd ") pumps will be added to increase capacity to 33 mgd. However,
no information is given about how the additional 15 mgd capacity will be distributed to
users. Are new transmission pipes and/or intermediate pumping stations needed? If so,
where will they be placed and what environmental impact is expected? These questions
need to be fully addressed in the final EIR.
Mayor Don Webb
Members of the City Council
City of Newport Beach
January 9, 2006
Page 2 of 6
Draft
"3.6 Environmental Commitments Incorporated into the Project" (page 3 -14): In
Appendix A, County of Orange letter dated July 1, 2005 suggests items which the County
considers important enough to be included in the EIR. Please include responses to the
following County of Orange issues raised in the referenced letter in the final EIR:
2. The NOP refers several times to San Diego Creek Channel's "baseline condi-
tion." The NOP should define what it means by the term "baseline condition ".
The NOP appears to suggest or may mislead the reader into thinking that if
OCFCD restores F05 to its "baseline condition" that the potential for flooding of
the MWRP will be alleviated.
5. No adverse impacts or worsening of existing conditions would result to
County and OCFCD facilities as a result of MWRP expansion project. MWRP
should analyze impacts and propose mitigation measures in consultation with
County's Flood Control Division to ensure flooding potential is not worsened,
floodplains and flooding problems are not shifted elsewhere and erosion is not
caused by the proposed project.
8. An anti - terrorism element should be incorporated into the design of the
treatment plant expansion and this should be discussed in the EIR. Terrorist event
or internal sabotage could result in the release of millions of gallons a day of
sewage to upper Newport bay.
4.0 Environmental Analysis
4.2 Hydrology and Water Quality
"Table 4.2 -2" (page 4.2 -5): The final EIR should confirm that the numbers in the
Table are correct. It would seem that the year average concentrations should be between
the values for wet and dry seasons. Example: see Total Nitrogen (mg /1), year maximum
and minimum.
" NPDES Permit" (page 4.2 -22, 3, 4): The text at the bottom of page 4.2 -23 refers
to a requirement to meet Total Dissolved Solids ( "TDS ") concentrations in the water
delivered from the MWRP. It shows that the current facility meets the requirement, by a
small margin, according to the "latest recycled water report." However, it goes on to
imply that introduction of differing source waters in the future could prevent MWRP
from meeting the NPDES permit requirements. The final EIR should fully analyze this
potential impact and provide necessary mitigation to assure that permit requirements will
be met.
"Nutrients" (page 4.2 -26). It is unclear from the text and Table 4.2 -12 whether
Mayor Don Webb
Members of the City Council
City of Newport Beach
January 9, 2006
Page 3 of 6
Draft
any nutrient effluent requirements in this proposed Project related to TMDLs. In fact,
computations based on Table 4.2 -1 and 4.2 -2 could lead to the conclusion that the Total
Nitrogen Daily Load requirement in 2012 on Table 4.2 -12 is unachievable. Is that true?
If not, a simple calculation of the San Diego Creek contribution to Total Nitrogen Load
and the MWRP contribution would be essential. Why not do these calculations and
present the results in clear tables with consistent units (acre- ft /yr, gals /yr, lbs, cf/s, mg /1).
"Impact 114" (page 4.2 -31): The DEIR states that "no discernible draw down (in
the water level) in the San Joaquin Marsh mitigation area or underneath the ponds due to
the current dewatering program of MWRP has been identified." However, the UCNRS
Communication in response to the NOP /IS states that subsidence is occurring in that area.
The final EIR should address this situation, and provide evidence to assure that MWRP
operations will not lead to further subsidence.
"Impact H -8" (page 4.2 -37): The DEIR asserts, without proof, that the increased
storm runoff due to added impervious surfaces will be more than offset by the fact that
such runoff water will be pumped to the plant headworks and treated as part of the
reclamation process. This assertion needs clarification. What is the additional runoff
volume due to the 25 -year frequency, a 24 -hour duration storm, and how does that
compare with the increased facility capacity?
"4.2.6 Non - Regulated Pollutants Carried by Tertiary Treated Wastewater" (page
4.2 -41): This is an informative exposition of the unresolved problems associated with the
detection and mitigation of pharmaceuticals and personal care products in wastewater.
Those sections are well written and useful as background, but there are currently no
regulatory guidelines to follow. Since some of these pollutants could eventually prove to
be problematical, it would be appropriate if IRWD /MWRP would agree to participate in
one or more state -of -the -art research programs in this area. In this way, IRWD would be
most prepared to take future corrective action regarding identified dangerous pollutants in
this category.
4.3 BioloOcal Resources:
Mitigation Measure for Direct Impacts to Sensitive Wildlife: The issue is the
removal of the 1.2 acres of eucalyptus, which will directly impact nesting raptors.
Removing the trees outside of their breeding season would only be a short-term solution.
As part of IRWD's mitigation measures, should consider the establishment a buffer
around the nesting sites.
Mayor Don Webb Draft
Members of the City Council
City of Newport Beach
January 9, 2006
Page 4 of 6
4.3.3.2 Impact Analysis
Impact BIO -10: The last paragraph of this section is troubling. Should some
standards for determining the ecological impact of EDC's be adopted?
4.3.4 Mitigation Measures
BIO -1: The measure does not address the diminishment, if any, in the number of
remaining nesting sites after the eucalyptus trees are removed. Are there enough
alternative nesting sites? Should IRWD be required to replace or relocate the
trees?
BIO -2a: Avoiding is not the same as eliminating. The mitigation measure should
be that no construction occur between 12/15 and 9/15. All of these measures
should be directed by a qualified biologist.
BIO -2b: Mitigation Measure #2 indicates migration as a solution. Do these birds
migrate? In Mitigation Measure #3, barriers should only be erected if their
installation itself will not cause undue disturbance to the species. Also, is 500 feet
based on some accepted standard? If so this is not indicated.
BIO -3: Shouldn't construction be limited to daytime unless absolutely necessary
and lighting restricted to within the site and at low level only? Also, is 60dBA
based on some accepted standard? If so, this is not indicated.
4.6 Noise:
The main issue of concern is the Reclaimed Water Pumping, and the additional
three 930 HP pumps, which would add to the noise by approximately five dB, assuming
that the existing sound wall has no attenuation. The assumption that the wall may not
weaken over time may not be a good one to have, so perhaps reinforcement of the wall to
extend the life of the sound wall may be in order.
4.6.2.2 Noise Setting
In the paragraph entitled Ambient Noise Monitoring, the report indicates that
measurements were made 7:00 to 11:00 AM. This measurement period should be
extended to sample other times of the day and night to include hours that the
proposed construction and improvements will be in operation.
The affects of sound on Biological Resources at critical times for the affected
species should be addressed. For example, if the sound level is lower at night, but
this is a critical breeding time for a particular species, this should be fully
Mayor Don Webb Draft
Members of the City Council
City of Newport Beach
January 9, 2006
Page 5 of 6
analyzed in the final EIR.
4.7 Geology and Soils
"Mitigation Measure G -5a" (page 4.7 -10): UCI has notified IRWD that there has
been up to 14 inches subsidence of Campus Drive since construction of MWRP. It is
suspected that this subsidence results, at lease partially, from the dewatering operations at
the site. However, additional dewatering is proposed, and no mention is made of the
potential future impact on Campus Drive or other structures located near, but not within,
the Project boundaries. This mitigation measure should be strengthened to deal with the
original objection regarding subsidence of Campus Drive.
5.0 Cumulative Impacts
The DEIR concentrates on the cumulative impacts of "projects for which
applications have been submitted as well as projects that may foreseeably have impacts
that would cumulate with those of the Proposed Project..." The study area for
cumulative impacts includes the San Diego Creek Watershed.
However, our comments focus on the cumulative growth inducing impacts that
the proposed Project may have. In 2004, IRWD expanded its storage capacity for
recycled water with the expansion of the San Joaquin Reservoir. The cumulative effect
of the expanded capacity at San Joaquin Reservoir, combined with the proposed Project,
which increases the production of recycled water, will free up substantial quantities of
potable water. The DEIR makes no attempt to analyze and, if necessary, mitigate such
impacts.
The potential impacts associated with the expansion of the San Joaquin Reservoir
combined with the expansion of the Michelson facility should be analyzed to evaluate the
long term and cumulative impacts of the proposed Project on the District's Non - Potable
Water Supply System. Piecemeal EIRs, according to CEQA, are illegal. The CEQA
Guidelines provide that a "project" means "the whole of the action" which has the
potential for resulting in "either direct physical change or a reasonably foreseeable
indirect physical change in the environment." (CEQA Guidelines, Section 15378)
The final EIR should fully analyze the combined environmental impacts of the
expansion of the San Joaquin Reservoir and the expansion of the Michelson facility.
6.0 Growth Inducement
The Executive Summary states that a Project Objective is to maximize freshwater
availability for wildlife needs and resources uses such as agriculture. The DEIR
Introduction states: "IRWD has developed water supplies that include: high quality and
Mayor Don Webb
Members of the City Council
City of Newport Beach
January 9, 2006
Page 6 of 6
Draft
impaired quality (treated) local groundwater, surface water captured in local reservoirs,
treated and untreated imported water provided through the Metropolitan Water District of
Southern California (MWD) and tertiary treated recycled water." In expanding IRWD's
recycled water production capability, the proposed Project will free up potable water
supplies, which will affect growth in the area.
The DEIR states that "( g)rowth- inducing factors in Orange County are primarily
related to availability of buildable land and adequate infrastructure to support growth in
new areas." However, in the and Southern California climate, water availability affects
land use decisions. Development entitlements are conditioned upon a showing of such
availability.
Since 2001, with the passage of two laws linking development to water supply,
project applicants in California have been required to obtain written confirmation from
water suppliers that sufficient water will be available prior to developing a project. The
laws apply to residential, commercial, office, hotel, industrial and mixed -use projects that
meet certain thresholds. For residential developments, the threshold is the water demand
equal to or greater than the amount of water demanded by a 500 dwelling unit project.
The additional availability of potable water supplies that will result from the
proposed Project has the potential to lead to a greater level of development in the areas
where there is available buildable land in Orange County.
The final EIR should fully analyze the potential growth- inducing impacts of the
proposed Project.
Conclusion
Thank you again for the opportunity to comment on the DEIR for the Project. We
hope that these comments will assist IRWD in the final EIR and the final Project.
*EQAC ATTENDANCE RECORD -2005
NAME
* *DATE
APPOINTED
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
I SEP
OCT
NOV
DEC
TRAPP
P
P
P
c
A
N
C
E
L L
L
E
D
P
C
A
N
C
E
L
L
E
D
P
P
C
A
N
C
E
L
L
E
D
C
A
N
C
E
L
L
E
D
P
P
ADAMS
P
P
A
A
E
P
P
ALLEN
A
P
P
P
E
A
P
A
BOETTNER
June -05
E
P
R
R
BROWNING
P
P
P
P
P
P
P
P
CHABRE
A
R
R
R
R
R
R
COOPER
April -03
P
E
E
P
A
P
P
CURRAN
September-05
DIETZ
E
P
A
E
A
A
A
DRELLISHAK
February-04
P
E
P
P
P
P
P
P
EASTMOND
March -04
A
R
R
R
R
R
R
HALOWSKI
P
P
P
P
P
P
P
P
HASKELL
November -03
E
P
P
P
P
P
P
P
HYANS
E
E
E
E
E
E
E
E
LAZICKI
Aril -04
P
P
P
E
P
E
LUGAR
P
P
P
E
P
R
R
R
MCDERMOTT
P
P
P
E
E
E
P
p
OTTING
March -03
P
P
E
P
P
E
P
P
THIBAULT
P
P
P
P
P
P
P
P
THOMAS
P
P
A
P
P
P
E
P
VAN SANT
Aril -04
A
P
P
p
E
p
A
A
WELSH
P
E
E
A
E
p
WILEY
August-04
P
E
A
E
p
p
WINN
A
P
P
JA
P
JA
A
A
WU
March -0!
P
P
P
ZIPPI
March -05
p
P
P
NOTE: This attendance record applies only to current
members
of EQAC
P= present R= resigned
A= absent PM= potential member
E= excused