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HomeMy WebLinkAbout05 - County of Orange Lower Santa Ana River Sand Management — Approval of Cooperative AgreementTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report September 27, 2016 Agenda Item No. 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Michael J. Sinacori, P.E., Assistant City Engineer msinacori@newportbeachca.gov PHONE: 949-644-3342 TITLE: County of Orange Lower Santa Ana River Sand Management — Approval of Cooperative Agreement ABSTRACT: The County of Orange is to begin their Lower Santa Ana River (LSR) Sand Management Project shortly, where sand from the Santa Ana River that has accumulated between Adams Avenue in Huntington Beach to the shoreline will be pumped into the near shore area between 24th Street and 40th Streets (Lower Jetties area). The City needs to work cooperatively with the County to accomplish this important flood protection and beach sand nourishment effort as they will be working on City beaches to complete the project. The Council is requested to approve the attached Cooperative Agreement with the County of Orange. RECOMMENDATION: a) Acknowledge that the County of Orange has processed the necessary environmental clearances and regulatory permitting for the project; and b) Approve Cooperative Agreement with the County of Orange. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this project. As part of the County's project to place sand in the near shore area, the County and City have negotiated the ability for the City to truck and place approximately 50,000 yards of sand to harbor area beaches; specifically Balboa Island and China Cove. The City will contract separately for the trucking and placement of this sand. The approved FY 16-17 Capital Improvement Budget has set aside $500,000 for this sand replenishment effort. 5-1 County of Orange Lower Santa Ana River Sand Management — Approval of Cooperative Agreement September 27, 2016 Page 2 DISCUSSION: The County of Orange is set to begin its LSR Sand Management project (Attachment A). Approximately 600,000 yards of sand will be removed from the LSR and most of that will be placed in the near shore area in Newport Beach. In addition, approximately 80,000 yards will be made available to the cities of Newport, Huntington and San Clemente beaches. The cooperative agreement (Attachment B) is necessary as the County will be working on City beaches to accomplish the project. Sand will be pumped from LSR to the near shore area between 24th and 40th Streets (Lower Jetties). The project will replace sand lost in and around the jetties over the past years due to storms, currents and wind as well as a lack of substantial rainfall to move the sand naturally out of the Santa Ana River into the ocean. If beach sand is not replenished, over time it will significantly reduce the size of City beaches and possibly put homes at risk of flooding. In addition, the removal of sand from LSR will allow the river to function as designed during storm events. Staff recommends approval of the attached cooperative agreement. For more information, attached is also the County of Orange July 26, 2016 staff report to the Board of Supervisors (Attachment C). ENVIRONMENTAL REVIEW: The County of Orange processed addendum 15-359 to its 1989 Environmental Impact Report related to this project which was recorded April 29, 2016. The addendum also addressed the City of Newport, San Clemente and Huntington Beach utilizing portions of the LSR sand for beach nourishment in needed City areas. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the County and City Staff have met with several area homeowners associations and interested individuals this past summer to review the planned project approach. The County also distributed 5,000 notices to area properties via mail and duplicate hand delivery, and held an Open House at Marina Park on September 12, 2016 to discuss the project. Approximately 50 people attended the Open House to provide input. Lastly, the project was presented to the public at the Mayor's town hall meeting on September 19, 2016 where County and City Staff were available to answer questions. Informational signs will also be placed and project detail can be found at www.00Publicworks/Sandmanaaement. ATTACHMENTS: Attachment A - Addendum to County Environmental Impact Report Recorded 4/29/16 Attachment B - Cooperative Agreement Approved by Board of Supervisors 7/26/16 Attachment C - 7/26/16 County Staff Report to the Board of Supervisors 5-2 Project Title: Addendum IP 15-359 to FEIS/EIR 583 - Lower ATTACHMENT A Santa Ana River -Reaches 1 and 2. 0 w N) w mcg 0' l- County of Orange number and certification date Owner/Applicant: Orange County Flood Control District 1 �; Owner/Applicant Address: 300 North Flower Street rFo4�� NOTICE OF DET ION Contact Persons: Project Manager — Kasey Nielsen Telephone: (714) 647-3913 CEQA Project Manager — Chris Uzo-Diribe 714 667-8845 Project Location: located in the lower Santa Ana River (i.e., within Reaches 1 and 2) extending from the Santa Ana River mouth (Pacific Ocean) to upstream of Adams Avenue within the cities of Huntington Beach, Newport Beach, Costa Mesa and County of Orange. Project Description: This Addendum addresses the current proposed project to excavate and dredge approximately 3.5 miles of the lower Santa Ana River (LSAR) to reestablish design grade and restore flood control capacity. Based on current conditions, the project involves the removal and disposal of up to 1.1 million TO: County Clerk, County of Orange APR 2 9 t619 L C © FROM: HUGH tact,lYEN, cr:ERtR-REcORDER OC Development Services o Cn" 3. 8Y; _ DEPUTY o � w o M � O o SUBJECT: Filing of Notice of Determination in Compliance with Section 21108 or rL a 4. 21152 of the Public Resources Code c �� rD Project Title: Addendum IP 15-359 to FEIS/EIR 583 - Lower Type of Document Addendum to FEIS/EIR Santa Ana River -Reaches 1 and 2. 0 w N) w mcg State Clearinghouse Number: 97071087 Previously certified or adopted? If yes, provide document number and certification date Owner/Applicant: Orange County Flood Control District 1 Addendum to FEIR No, 1988 SEIS/EIR 583 Owner/Applicant Address: 300 North Flower Street z Cl Santa Ana, CA 92703 Contact Persons: Project Manager — Kasey Nielsen Telephone: (714) 647-3913 CEQA Project Manager — Chris Uzo-Diribe 714 667-8845 Project Location: located in the lower Santa Ana River (i.e., within Reaches 1 and 2) extending from the Santa Ana River mouth (Pacific Ocean) to upstream of Adams Avenue within the cities of Huntington Beach, Newport Beach, Costa Mesa and County of Orange. Project Description: This Addendum addresses the current proposed project to excavate and dredge approximately 3.5 miles of the lower Santa Ana River (LSAR) to reestablish design grade and restore flood control capacity. Based on current conditions, the project involves the removal and disposal of up to 1.1 million cubic yards of sediment from the river bed by wet dredging and dry excavation; within LSAR Reaches 1 and 2 (Station 6+50 to Station 194+00). Dredge material will be placed in West Newport Beach and other receiver locations. Maintenance will also include vegetation control. Notice is hereby given that the County of Orange as lead agency, QC Development Services, has made the following determination on the above-described project: 0 w N) w mcg = X n o efl a O 1 The project EiR was approved by Planning Commission on 12/19/01 � o o z Cl oNpA 2. The project will not have a significant effect on the environment. ra o 0 0 m E o ��� C ® An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. CD TQ a� CD� C © Q A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. o Cn" 3. Mitigation Measures were incorporated into the project through conditions of approval and project design. o � w o M � O o rL a 4. For this project a Statement of Overriding Consideration was not ado ked. c �� rD C 5. Findings were made pursuant to CEQA Guidelines 15091 (Statement of Facts and Findings). o o su 6. A copy of the EIR 1988 SEIS/EIR 583 and the record of the project approval is on file and be examined at: p Orange County Public works Department, OC Planning Services z 300 N. Flower St., Room 130 0 Santa Ana, California 92702-4048. (714) 667-8857. M Date: 4- C31- i — I Fish & Game Fee Finding: FEISIECR - $3,070.00 is attached Signatu Title:n c t Previously Paid Receipt No. (See Attached): 211540 5-3 ADDENDUM IP 15-359 TO THE SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT 583 FOR THE PHASE II GENERAL DESIGN MEMORANDUM ON THE SANTA ANA RIVER MAINSTEM PROJECT LOWER SANTA ANA RIVER Prepared for: COUNTY OF ORANGE 300 North Flower Street Santa Ana, California 92703 Prepared by: CHAMBERS GROUP, INC. 5 Hutton Centre Drive, Suite 750 Santa Ana, California 92707 (949) 261-5414 In association with: MOFFATT & NICHOL 3780 Kilroy Airport Way, Suite 600 Long Beach, California 90806 April 2016 5-4 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California TABLE OF CONTENTS Page SECTION 1.0 — INTRODUCTION AND PURPOSE....................................................................................1 1.1 CEQA COMPLIANCE...................................................................................................................... 2 1.2 DECISION NOT TO PREPARE A SUBSEQUENT EIR......................................................................... 2 1.3 USE OF AN ADDENDUM................................................................................................................ 3 SECTION 2.0 — PROJECT DESCRIPTION.................................................................................................4 2.1 SAND RECEIVER SITES................................................................................................................... 9 2.2 SAND PLACEMENT METHODS.................................................................................................... 10 15 2.2.1 Sand Placement via Pipeline..........................................................................................10 AIR QUALITY................................................................................................................................15 2.2.2 Sand Placement via Barges............................................................................................10 BIOLOGICAL RESOURCES............................................................................................................16 2.2.3 Sand Placement via Trucks.............................................................................................10 3.4.1 Nearshore Resources..................................................................................................... 2.3 STAGING AREAS..........................................................................................................................10 3.4.2 LSAR Sensitive Species...................................................................................................17 2.4 PROJECT LOCATION.................................................................................................................... 11 SECTION 3.0 — ENVIRONMENTAL ANALYSIS......................................................................................15 3.1 AESTHETICS.................................................................................................................................15 3.2 AGRICULTURE/FORESTRY RESOURCES....................................................................................... 15 3.3 AIR QUALITY................................................................................................................................15 3.4 BIOLOGICAL RESOURCES............................................................................................................16 3.4.1 Nearshore Resources..................................................................................................... 16 3.4.2 LSAR Sensitive Species...................................................................................................17 3.4.3 Previously Identified Mitigation Measures.................................................................... 20 3.5 CULTURAL RESOURCES............................................................................................................... 20 3.6 GEOLOGY/SOILS..........................................................................................................................20 3.7 GREENHOUSE GAS EMISSIONS................................................................................................... 20 3.8 HAZARDS/HAZARDOUS MATERIALS...........................................................................................21 3.9 HYDROLOGY/WATER QUALITY................................................................................................... 21 3.10 LAND USE/PLANNING.................................................................................................................21 3.11 MINERAL RESOURCES................................................................................................................. 22 3.12 NOISE.......................................................................................................................................... 22 3.13 POPULATION/HOUSING..............................................................................................................23 3.14 PUBLIC SERVICES......................................................................................................................... 23 3.15 RECREATION............................................................................................................................... 23 3.16 TRANSPORTATION/TRAFFIC....................................................................................................... 23 3.17 UTILITIES/SERVICE SYSTEMS....................................................................................................... 24 SECTION 4.0 — CONCLUSIONS...........................................................................................................25 SECTION 5.0 — REFERENCES..............................................................................................................26 Chambers Group, Inc. 20819 5-5 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California LIST OF FIGURES Page Figure 1: Santa Ana River Dredging Depths (1 of 4)......................................................................................5 Figure 2: Santa Ana River Dredging Depths (2 of 4)...................................................................................... 6 Figure 3: Santa Ana River Dredging Depths (3 of 4)...................................................................................... 7 Figure 4: Santa Ana River Dredging Depths (4 of 4)...................................................................................... 8 Figure 5: Dredge/Excavation Material Receiver Sites.................................................................................13 Figure 6: Project Location and Staging Areas.............................................................................................14 Chambers Group, Inc. 20819 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California SECTION 1.0 — INTRODUCTION AND PURPOSE The Orange County Flood Control District (District) proposes to restore the design flood capacity in approximately 3.5 miles of the Lower Santa Ana River (LSAR) channel by removing depositional sediment. Maintenance of the LSAR to improve flood control capability started in 1990. LSAR ocean outlet maintenance has occurred as recently as September 2015. Sediment deposition continues to occur in the river, causing the invert to rise. Long-term routine maintenance of the LSAR is necessary in order to ensure flood protection. Previous documents prepared in compliance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) analyzed the impacts associated with the initial construction and maintenance of the LSAR (Reach 1 and Reach 2). These documents include: ■ 1988 Phase II General Design Memorandum (GDM) and Supplemental Environmental Impact Statement (SEIS)/Environmental Impact Report (EIR) 583 on the Santa Ana River Mainstem, adopted by Orange County. ■ 1991 Supplemental Environmental Assessment (SEA) for the Enlargement of Reaches 1 and 10 Staging Areas ■ 2001 SEA for the Santa Ana River Mainstem Project (SARP) Reach 1 Channel Excavation to Design Grade (2001 SEA) • 2003 Final SEA for Staging Areas for Channel Excavation to Design Grade in Reaches 1 and 2 (2003 SEA) ■ 2004 SEA and Addendum to the 1988 SEIS/SEIR for the SARP Reach 2 Channel Excavation to Design Grade (2004 SEA/Addendum) The documents above are incorporated by reference into this Addendum. For the purposes of this document, the term "1988 SEIS/EIR 583" will include the 1988 SEIS/EIR itself and the four subsequent NEPA/CEQA documents listed above. Since the 2004-2005 maintenance dredging project, the area upcoast of the Santa Ana River mouth was designated in 2012 as Critical Habitat for the federally listed threatened western snowy plover (Charadrius nivosus nivosus) and the Santa Ana River Saltmarsh and Banning Ranch area adjacent to Reach 1 was designated in 2007 as Critical Habitat for the federally listed threatened California gnatcatcher (Polioptila californica californica). Due to this change in existing conditions of the project area and the dynamic nature of the LSAR and nearshore environment at the mouth of the LSAR, an updated biological assessment was conducted for this Addendum. In addition, the Orange County coast regularly experiences the narrowing of the beaches along the shoreline, which causes loss or recreational area and subjects public facilities to potential wave -induced damages. As a secondary benefit, the LSAR project proposes to place beach compatible sand onto beaches within Orange County. In addition to the beaches identified in previous CEQA documents for the project, several beaches in Newport Beach, Huntington Beach, and Seal Beach are proposed as potential receiver sites. Although additional beaches are proposed to receive sand, the volume of sediment to be dredged remains determined based on the volume of material above design grade Chambers Group, Inc. 1 20819 5-7 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California within the LSAR; i.e., dredge volume is not based on the requested volume of sand for the beaches. In addition, volume and placement of sand on receiver beaches will be based upon the environmental commitments of previous CEQA documents for this project. 1.1 CEQA COMPLIANCE The District is the lead agency under CEQA for the proposed maintenance of the LSAR channel. The cities of Newport Beach, Huntington Beach, Seal Beach and San Clemente are Responsible Agencies. This Addendum to the 1988 SEIS/EIR 583 has been prepared by the District in accordance with Section 15164(a) of the CEQA Guidelines, Addendum to an EIR or Negative Declaration. Section 15164(a) of the State CEQA Guidelines states the following with respect to an Addendum: (a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. This 2016 Addendum has been prepared in compliance with CEQA with the specific purpose of updating the assessment of environmental resources that may be affected by the project, including changes to the existing environment and changes in potential project impacts. This Addendum does not analyze any environmental resources in which the existing conditions and project impacts remain the same as identified in previous CEQA documents. 1.2 DECISION NOT TO PREPARE A SUBSEQUENT EIR The District, as lead agency, has determined that the proposed project of conducting maintenance activities within the LSAR channel does not require the preparation of a subsequent EIR. Sections 15162 and 15163 of the State CEQA Guidelines mandate that: Section 15162: Subsequent EIRs and Negative Declarations When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. "Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. "Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. "New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; Chambers Group, Inc. 2 20819 5-8 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative." This document will address how these conditions for a subsequent EIR or ND are not met and, therefore, a subsequent EIR or ND is not required. Section 15163: Supplement to an EIR: Conditions to prepare a supplement EIR rather than a subsequent EIR in Section 15163 are: 1. "Any of the conditions described in Section 15162 would require the preparation of a subsequent EIR, and 2. "Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation." This document will address how the proposed changes to the project will not create new significant environmental impacts, nor would the severity of impacts previously identified substantially increase. A supplement to an EIR is not required. 1.3 USE OF AN ADDENDUM This Addendum has been prepared pursuant to Section 15164(a) of the State CEQA Guidelines that state: a. "The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." The Orange County Board of Supervisors and, if necessary, other responsible agencies will consider the information contained in this Addendum along with the 1988 SEIS/EIR 583, including the addition of potential receiver sites, prior to making a final decision on the proposed changes to the maintenance of the LSAR channel. The project proposes to include a combination of hydraulic dredging for work in the downstream tidal zone and land-based excavation in the dry upstream portion of the LSAR. The dredged sediment would be used to nourish beaches within Orange County that are identified in the Project Description below. Chambers Group, Inc. 3 20819 5-9 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California SECTION 2.0 — PROJECT DESCRIPTION This Addendum addresses the current proposed project to excavate and dredge approximately 3.5 miles of the lower Santa Ana River (LSAR) to reestablish design grade and restore flood control capacity. Based on current conditions, the project involves the removal and disposal of up to 1.1 million cubic yards of sediment from the river bed by wet dredging and dry excavation, within LSAR Reaches 1 and 2 (Station 6+50 to Station 194+00). This volume includes a 2 -foot maximum overdredge allowance between Stations 8+00 to 139+00 and a contingency for ongoing sedimentation and incidental sloughing of dredge -cut side slopes during maintenance. Maintenance will also include vegetation control. Figures 1 through 4 show the depths of cut and fill to design invert elevation, based on a 2013 bathymetric survey, for the currently proposed maintenance project. As with previous maintenance in Reaches 1 and 2, the proposed maintenance is a combination of hydraulic dredging for work in the downstream tidal zone and land-based excavation in the dry upstream portion of the project. It is assumed that the upstream limit of hydraulic dredging is approximately at the bicycle bridge (i.e., sediment downstream of the bridge would be hydraulically dredged and sediment upstream of the bridge would be excavated in the dry). Sediment removal would require the use of dredges, excavators, bulldozers, scrapers, front-end loaders, dump trucks, mowers, chippers, screening plants, barges, pickup trucks, and other equipment. Sediment transport to the receiver/disposal sites could occur via one or a combination of four potential methods: (a) pipeline, (b) barge, (c) trucks hauling the material directly to the onshore beach sites (or upland landfill site for disposal of unsuitable material), and/or (d) trucks transporting the material to a downstream tidal location and placing the material where it could be hydraulically dredged and then piped or barged for either onshore and/or nearshore beach placement. The latter method would require construction of a temporary dike across the river to isolate the dry segment from the tidal area. As identified in the 1988 SEIS/EIR 583, an electric -powered dredge is recommended; however, if a diesel dredge is used to remove sediments, the following measures would be applied: 1) the hours of dredging shall be limited to between 7:00 a.m. and 7:00 p.m.; or 2) if necessary, a suitable temporary sound wall shall be constructed to allow extended dredging operations. In addition, as identified in the 1988 SEIS/EIR 583, the contractor will be prohibited from conducting any work in the lower portion of the channel segment between Station 6+50 and Station 33+00 or within foraging areas of the California least tern during its nesting season of April 15 through September 15, except as agreed to by the U.S. Fish and Wildlife Service or other regulatory agencies, as appropriate. Work upstream of Station 33+00 performed within the least tern nesting season shall not use equipment nor methods that may cause increased levels of turbidity downstream of Station 33+00. No turbidity disturbances will be allowed between April 15 and September 4 downstream of Station 33+00 that may affect the tidal influence of the saltmarsh or to the open coast. As previously identified in the 1988 SEIS/EIR 583, dredging operations will be allowed throughout the year only if turbidity disturbances are avoided, as mentioned. As identified in the 1988 SEIS/EIR 583, to avoid loss of biological habitat, the current dredging episode would have to ensure that tidal flow to the adjacent saltwater marsh's two tide gates is maintained. The tide gates are located at Station 17+80 and 32+87. Suitable material for placement on beaches will be used for beneficial beach nourishment. Suitable material for placement on beaches is defined as material meeting grain size compatibility and chemical testing consistent with state and federal regulations for the disposal of dredged material. Material unsuitable for beach nourishment will be placed in an upland area outside jurisdictional areas. Chambers Group, Inc. 4 20819 5-10 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California Figure 1: Santa Ana River Dredging Depths (1 of 4) SANTA ANA RIVER DREDGING DLP -1 HS SCALE o -1 11=1 50' (on 22''X,34'') T'. ..J' I � ate. , R*., �'�r � �,•+y � r'q, •G 4� I r ry Iff Y, a -1. t.+yl�w�sy _ _ _ M- 1 �• N UP moffatt & nich©I Chambers Group, Inc. 20819 TIP ':w°'. _ � 1 LEGEND CUT DEPTHS H FILL DEPTHS {+J O O O O O U -� O 0 N M N 7 0 N p I r I I r P O O V O O r1 d N M M I I i I I -i w,:; I 4 4 nl !+y 4 CUT dR f � ' r' L�ROGE LIM1'1- �- � 11� Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California Figure 2: Santa Ana River Dredging Depths (2 of 4) SANTA ANA RIVER DREDGING DEPTHS SCALE: 1''.--150' (on 22'X34'' ) hAhq moffatt & nichol Chambers Group, Inc. 20819 LEGEND CUT DEPTHS (-} FILL DEPTHS (+} 0 0 0 o o c o W 161 P M N �' N O 1 1 + t O N D O Q O O a O N 0 O F 9 O 9 O O O O" O O ^ r I 50 Y'1 Y t M X N 1 I O '1 EXHIBIT 2 OF 4 2 5-12 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California Figure 3: Santa Ana River Dredging Depths (3 of 4) SANTA ANA RIVER DREDGING DEPTHS SCALE.- 1 "=i 50` (on 22"X34") h / h moffatt & nlchol Chambers Group, Inc. 20819 LEGEND CUT DEPTHS H FILL DEPTHS [+ tr o 0 0 0 0 a o a v r + a ,� + o Y o 0 o a 4 0 ^ +T T v n + + a. EXHIBIT 3 OF 4 G 5-13 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California Figure 4: Santa Ana River Dredging Depths (4 of 4) SANTA ANA RIVER DREDGING DEPTHS SCALE: 1"=150' (on 22"X34'} hdhq moffatt & nlchol Chambers Group, Inc. 20819 LEGEND CUT DEPTHS (-) FILL DEPTHS (+ O O 4 4 O Q 0 O l4 +A h r - v o o b o a 9 o o ^ Iti In v ri ni I EXHIBIT 4 OF 4 M 5-14 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California The anticipated maintenance frequency for the lower reach is estimated in the U.S. Army Corps of Engineers (USACE) December 1996 Operation, Maintenance, Repair, Replacement, and Rehabilitation Manual (O&M Manual) to occur approximately once every 18 years, based on a long-term average. The actual frequency may vary, depending on storm events and other factors that affect deposition and scour. It has been 10 years since the lower Santa Ana River was last dredged/excavated; however, the last maintenance cycle did not fully restore the design invert elevations. 2.1 SAND RECEIVER SITES As previously identified in the 1988 SEIS/EIR 583, the proposed primary location for LSAR dredge material placement for beach nourishment is West Newport Beach in the nearshore littoral zone in the vicinity of the groin fields between depths of -10' and -30' mean lower low water (MLLW). Other potential material placement sites also previously included in the 1988 SEIS/EIR 583 are West Newport Beach directly on the beach within the groin fields (also previously included in the 1988 SEIS/EIR 583 and Surfside Beach onshore or nearshore. Additional potential material placement sites are Seal Beach East Beach onshore, pocket beaches within Huntington Harbour, beaches at Balboa Island and China Cove in Newport Beach, and North Beach in San Clemente. Figure 5 shows the locations of these receiver sites. Table 1 lists all of the potential receiver sites proposed to receive beach -compatible material from LSAR. The total maximum proposed placement of LSAR sand for the Balboa Island and China Cove beaches is 50,000 cubic yards (cy). The total maximum proposed placement of LSAR sand for the five proposed Huntington Harbour beaches is 17,500 cy. The total maximum proposed placement of LSAR sand for East Beach is 200,000 cy, assuming East Beach does not receive any sand from any other sources during the nourishment cycle. The total maximum proposed placement of LSAR sand for North Beach is 100,000 cy, assuming North Beach does not receive any sand from any other sources during the nourishment cycle. East Beach and North Beach participate in other beach nourishment programs and may receive sand from various sources in a combination of volumes up to the maximum identified above in any nourishment cycle. Impacts due to placement of sand onto East Beach have previously been analyzed for CEQA as part of the East Beach Sand Nourishment Project (Wittenberg 2008). Impacts due to placement of opportunistic sand onto North Beach have previously been analyzed for CEQA as part of the San Clemente Beach Replenishment Program (Moffatt & Nichol 2002). Table 1 Potential Beach Receiver Sites West Newport Beach, nearshore Newport Beach Yes West Newport Beach groin fields, onshore Newport Beach Yes Balboa Island, onshore Newport Beach No China Cove, onshore Newport Beach No Surfside Beach, onshore or nearshore Seal Beach Yes East Beach, onshore Seal Beach Yes Pocket beaches within Huntington Harbour, onshore Huntington Beach No North Beach, onshore San Clemente Yes Chambers Group, Inc. 9 20819 5-15 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California 2.2 SAND PLACEMENT METHODS Suitable dredged/excavated material would be hydraulically dredged and/or excavated in the dry and delivered directly to the receiver sites via trucks, pipelines, and/or barges. 2.2.1 Sand Placement via Pipeline Placement via pipeline is proposed only at West Newport Beach. For nearshore placement, a temporary pipeline would be constructed to deliver slurried dredge material from the river dredge site to the placement site. The pipeline would be installed along the beach and on the seafloor. The sediment would be placed on the seafloor in an underwater mound, not exceeding an elevation of approximately - 10' MLLW. For onshore placement within the groin fields, sand containment dikes would be constructed on the beach to receive and dewater the slurry material to extend the beach berm width, as described in the 1988 SEIS/EIR 583. Dozers and graders would ultimately spread the material along the beach per the specified fill design. 2.2.2 Sand Placement via Barges Nearshore placement in West Newport Beach could also occur via barge. Dredge sediment would be loaded onto a barge near the river mouth. The barge would transport the sediment to the nearshore site and the sediment would be discharged using a bottom -dump barge (scow) or down -spout pipe to the ocean bottom. Similar to the pipeline method, the sediment would be placed as an underwater mound. 2.2.3 Sand Placement via Trucks Sand would be delivered to the Balboa Island, China Cove, Huntington Harbour, East Beach, Surfside Beach and North Beach receiver sites via trucks. As identified in the 1988 SEIS/EIR 583, 10-cy dump trucks will transport sand to the receiver sites utilizing major roads and highways within Orange County (e.g., Victoria St., Adams Ave., State Route 1 [Pacific Coast Highway]), with approximately 10 trips per dump truck per day, assuming up to 60 dump trucks per day. As a project condition of the 1988 SEIS/EIR, no dump trucks will operate on State Highways during the hours of 0600-0900 and 1500-1800. The duration of sand placement via trucks at any receiver site would be dependent upon the volume of sand to be placed at a particular beach and the number of beaches within each city identified to receive sand within a nourishment cycle. Sand placement via trucks may take up to a maximum of four weeks for placement at any beach site. Depending on the size of the receiver beach, the beach may be temporarily closed during placement activities if it is not large enough to maintain safe public access. Preparatory work at the beach receiver sites may include the temporary removal of existing amenities, such as benches, to allow for proper access and public safety. Flagmen will be located at placement sites, as appropriate, to assist with traffic management. The trucks will dump the sand directly onto the beach or over the bulkheads onto the dry beach, depending on the site specific conditions. Bulldozers, font -end loaders, and/or bobcats will then move the sand to achieve the final beach placement design. For Balboa Island and China Cove, this movement may be either via the shoreline walking path or as seaward of the bulkhead walls as possible under the existing piers. 2.3 STAGING AREAS As previously identified in the 1988 SETS/EIR 583, three staging areas may be utilized (Figure 6) adjacent to the areas of maintenance activities within the LSAR. The first is located on the seaward side of Pacific Chambers Group, Inc. 10 20819 5-16 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California Coast Highway on the east side of the LSAR (Contractor's East Staging Area). The second extends along the west bank of the LSAR between Cliff Drive and Cynthia Drive in Huntington Beach (Contractor's West Staging Area). The third staging area is located on the east bank of the Santa Ana River just south of Pacific Coast Highway at the ocean outlet (Contractor's Beach Staging Area). 2.4 PROJECT LOCATION The maintenance dredging site is located in the lower Santa Ana River in the County of Orange in the earthen -bottom reaches (i.e., within Reaches 1 and 2) extending from the Santa Ana River mouth (Pacific Ocean) to upstream of Adams Avenue (Figure 6). Cities within the proposed project area include Huntington Beach, Newport Beach, and Costa Mesa. More specifically, the segment to be dredged/excavated extends approximately 3.5 miles from the river mouth upstream to Station 194+00 (upstream of Adams Avenue). Beaches identified in the 1988 SEIS/EIR 583 as part of the project included West Newport Beach and Surfside Beach. Additional beaches to be considered as receiver sites that would benefit from receiving beach compatible sand include Balboa Island and China Cove in Newport Beach, Huntington Harbour beach in Huntington Beach, East Beach in Seal Beach, and North Beach in San Clemente. West Newport Beach is the western end of the Newport Beach Municipal Beach downcoast (south) of the Santa Ana River. At Balboa Island, the island's perimeter is protected by bulkhead walls; and both recreational beaches and boat docks surround its shores. Sand continually erodes from the island's shoreline, resulting in the loss of recreational beach area. The City of Newport Beach periodically pushes sand up on the dry beach along the south -facing and east -facing shore to restore the beaches. Local property owners also periodically dredge their docks and place the dredged sand on the dry beach. This local property owner activity is covered under the USACE Regional General Permit 54, which was established over 30 years ago and was most recently renewed in December 2015. The City considers it also necessary to place beach material within Grand Canal to address erosion and provide stabilization of bulkhead walls. China Cove Beach is located on the southern/eastern side of the entrance channel to Newport Bay. The City of Newport Beach has previously replenished the beach to enhance its recreational and coastal protection value. The cove is currently in a depleted condition, despite having been nourished most recently in 2014 using dredged material generated during the Marina Park project. East Beach is located south of Pacific Coast Highway in Seal Beach. East Beach consists of coarse sand in the backshore supra -tidal zone, immediately seaward of the man-made berm. The City of Seal Beach proposes to utilize available beach -compatible sand from the LSAR to meet shore protection requirements. In 2008, the City of Seal Beach previously prepared and approved a Mitigated Negative Declaration (No. 08-2) for the placement of beach -compatible material onto East Beach. This current Addendum will provide an additional borrow site option for the placement of sand on East Beach and proposes to remain within the considerations and conditions of the previous environmental analysis. Huntington Harbour is located southeast of East Beach and north of Bolsa Chica State Beach in Huntington Beach. The potential receiver site beaches in Huntington Harbour include Davenport Beach, Humboldt Beach, Kayak Beach, Trinidad Beach, and Seabridge Park Beach. Davenport Beach is located directly adjacent and parallel to the north side of Davenport Drive between Edgewater Lane and Baruna Lane. The beach is approximately 200 feet long and varies between 50 and 60 feet wide. Humboldt Beach is located directly adjacent and parallel to the north side of Humboldt Drive between Saybrook Lane and Wayfarer Lane. The beach is approximately 200 feet long and varies between 50 and 60 feet Chambers Group, Inc. 11 20819 5-17 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California wide. Kayak Beach is located directly adjacent and parallel to the east side of Pacific Coast Highway between Park Avenue and Broadway. The beach is approximately 220 feet long and varies between 6 feet and 12 feet wide. Trinidad Beach is parallel to the north side of Sagamore Drive between Trinidad Lane and Vim Lane. The beach is approximately 110 feet long and varies between 28 and 30 feet wide. Seabridge Park Beach is located directly adjacent to Seabridge Park at the terminus of Countess Drive. The beach runs southwest -northeast between Temple Drive and Portofino Circle. The beach is approximately 380 feet long and varies between 20 and 95 feet wide. North Beach is located just south of the San Clemente Metrolink train station and at the terminus of Avenida Pica, extending a distance of 1,500 feet. North Beach is one of four beaches included as part of the City of San Clemente's opportunistic beach replenishment program(Moffatt & Nichol 2002). This addendum adds LSAR as a potential source site to the analysis conducted for beach replenishment at North Beach; placement of the material on North Beach will comply with conditions identified in the City's replenishment program. Chambers Group, Inc. 12 20819 5-18 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California Figure 5: Dredge/Excavation Material Receiver Sites NEWPORT HARBOR LBAR Dredge Footprint �-.EE eETl i_ 73E_,-,,, Proposed Nearshore Receiving Site Potential Receiving Beaches SAN CLEMENTE SEE CE -AIL BELOA' SAN CLEMENTE t li NEWPORT BEACH North Beach 000000 Nina Cove," NEWPORT HARBOR HUNTINGTON HARBOUR HUNSTEENNGDETTflw LEFT HARBOUR 0Davenport Beach # Humboldt Beach 10 Kayak Beach Trinidad Beach SURFSIDE BEACH 0 Seabridge Park Beach 0SEAL BEACH - EAST BEACH 0 6.5 1 2 PSS PS Chambers Group, Inc. 20819 5-19 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California Figure 6: Project Location and Staging Areas . s rn • Fountain �1Vaile � Hur�tll�glan % �'�-3an.tJrepap�r Project Locationr'asta rt; ' Newport Reach 10'000 Santa Barbara Year - Kern $ifl Bernardino tus y Angeles i Riverride Project Location Legend Study Area Project Location Map N 0 0.25 0.5 1 MACE vim'+± .rF1 ° =s t �r-R�--" <n:a?i•n w.� Chambers Group, Inc. 20819 5-20 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California SECTION 3.0 — ENVIRONMENTAL ANALYSIS The previous analyses of potential environmental consequences anticipated to occur as a result of implementation of the project are briefly summarized in the subsections below. Discussions of any existing conditions or analyses specific to this Addendum, which have changed or potentially changed since the previous analyses, are specifically identified in the individual subsections. 3.1 AESTHETICS The existing conditions, including the beach receiver sites, and impacts to aesthetics with regard to scenic vistas and resources, visual characters and day or nighttime views have not changed from the 1988 SEIS/EIR 583, which states that maintenance activities occur within the County of Orange, which is a primarily urban area with areas preserved for open space. The setting adjacent to the lower reaches of the river include light and heavy industrial and single- and multi -family residential and recreation uses, where long range views to the east and west are not readily visible. Long range views to the north and south include the river channel, its bridges, the Pacific Ocean, and the distant San Gabriel and San Bernardino Mountains. Maintenance equipment and activities may be seen in the immediate vicinity of the project by recreational users along the berms, bikeways, and roadways adjacent to the project sites and may be considered unpleasant to the viewer with a potential to diminish the perceived scenic quality of the river channel and beach sites; however, the scenic conditions would return to pre -project conditions once maintenance is completed and would improve the beach width views at the receiver beach sites. Impacts to scenic vistas and resources would be considered temporary. As described in the 1988 SEIS/EIR 583, disturbance to scenic vistas or scenic resources within state scenic highways would be considered adverse, but temporary. Analyses of beach nourishment activities at the receiver sites conclude that views of wider beaches would be considered beneficial. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. 3.2 AGRICULTURE/FORESTRY RESOURCES The existing site conditions, including the beach receiver sites, and impacts to agriculture and forestry resources with regard to Prime or Unique Farmland, forest lands and conversion to non-agricultural and non -forest uses have not changed from the 1988 SEIS/EIR 583. Land use within the project area is not designated as Prime or Unique Farmland, or Farmland of Statewide Importance. The project, including beach nourishment activities at the receiver sites, will not cause the loss of forest land or conversion of land to non -forest use. The 1988 SEIS/EIR 583 analyses of impacts remain the same; no impact would occur. 3.3 AIR QUALITY The existing conditions, including the beach receiver sites, and impacts to air quality with regard to air quality plans and standards, criteria pollutants, sensitive receptors and odors are similar to the 1988 SEIS/EIR 583. The proposed project site is located in the South Coast Air Basin (SCAB). The SCAB currently has been designated by the California Air Resources Board (CARB) as a nonattainment area for ozone, PMlo, and PM2.5; PMlo is primarily due to activities that re -suspend dust (e.g., emissions from paved and unpaved roads and construction) and PM2.5 is primarily a byproduct of combustion (e.g., vehicles, residential wood combustion, agricultural and prescribed burning, and stationary combustion Chambers Group, Inc. 15 20819 5-21 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California sources). The SCAB currently is in attainment with the ambient air quality standards for CO, lead, SO2, NO2, and sulfates and is unclassified for visibility -reducing particles and hydrogen sulfide. The 1988 SEIS/EIR 583 identified CO and PM10 as nonattainment within the SCAB; however, anticipated project emissions were considered and calculated in the 1988 SEIS/EIR 583. Standard construction protocols for dust control during grading shall be implemented. These protocols shall be included within a Stormwater Pollution Prevention Plan (SWPPP) for the project prior to construction. As previously discussed in the 1988 SEIS/EIR 583, air quality impacts from equipment and vehicle exhaust emissions are not expected to contribute to the increase of criteria pollutants and will not conflict or obstruct any applicable air quality plan. While project -related dump truck trips may contribute to local emissions due to transport of dredged/excavated sediment if dump trucks are utilized, it would only occur during project activities. As previously discussed in the 1988 SEIS/EIR 583, dump truck trips would be divided over a period of time so they do not exceed daily emissions thresholds. In addition, as a project condition of the 1988 SEIS/EIR, no dump trucks will operate on State Highways during the hours of 0600-0900 (6 am — 9 am) and 1500-1800 (3 pm — 5 pm). Total construction emissions generated during project implementation would not be expected to exceed SCAQMD project - level thresholds for pounds of pollutant generated each day for any criteria pollutants. Depending on the equipment utilized, project activity may have detectable odors from heavy-duty equipment exhaust, but odors are short-term in nature and will cease upon project completion. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. 3.4 BIOLOGICAL RESOURCES Since approximately 10 years have passed since the last maintenance project in the LSAR, an updated biological assessment (Chambers Group 2015a) was conducted to account for a new Critical Habitat designation adjacent to the LSAR project area and to determine if existing biological conditions have changed. 3.4.1 Nearshore Resources Side scan and underwater surveys were conducted in 2015 to update information on habitat types within the proposed nearshore disposal and discharge pipeline placement area at West Newport Beach (Chambers Group 2015a). This survey confirmed that conditions remain the same; most of the habitat is sand bottom, but that scattered reefs occur. These reefs were known and addressed in the 1988 SEIS/EIR 583; however, based on the dynamic nature of the nearshore project area, the reefs were reviewed to document the existing conditions. The results of the recent survey are further discussed below. During the 2015 side scan and underwater survey, the West Newport Beach nearshore placement area was identified to support 13 small rocky outcrops that have considerable habitat value. The outcrops are covered by gorgonians as well as other sessile organisms (sand tube worms, anemones, bryozoans). Their vertical structure attracts reef fish, such as kelp bass (Paralabrax clathratus), sand bass (P. nebulifer), and garibaldi (Hypsypops rubicund), of which the latter make nests on hard substrate. Although no lobster were seen during the survey, lobster would be expected to use the holes and crevices of the reefs for shelter. Reef organisms could be damaged by the placement of pipelines or by the direct deposition of sediment. If a pipeline is used, it is recommended that pipelines not be placed on top of any of the outcrops; and if a barge is used, it is recommended to drop sediment so that it Chambers Group, Inc. 16 20819 5-22 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California avoids discharging sediment on or in the immediate vicinity of the reefs. It was determined that the turbidity from dredge material disposal would have temporary adverse, but insignificant, impacts on reef habitat because the reefs are subjected to considerable natural turbidity from the Santa Ana River. As identified in the 1988 SEIS/EIR 583, kelp beds historically have not been recorded within the survey area. However, during the 2015 side scan and underwater surveys, juvenile and subadult kelp were present on some of the reefs, probably as a result of lower than normal discharges from the Santa Ana River during the recent drought. Generally, when discharge of sediment from the Santa Ana River occurs (without project activities), the nearshore waters off the river mouth are often extremely turbid; and, at times, the water column may be pitch black near the bottom (N. Davis, personal observation). The USACE previously sampled nearshore fishes in the vicinity of the Santa Ana River mouth, where the most abundant species were jacksmelt (Atherinopsis californiensis), white croaker (Genyonemus lineatus), queenfish (Seriphus politus) and California corbina (Menticirrhus undulates). These species are all typical of southern California nearshore soft bottom habitats. In May of 1988, which was during the 1987-1988 EI Nino season, large numbers of spiny dogfish (Squalus acanthias) were caught in the Santa Ana River. As previously described in the 1988 SEIS/EIR 583, fishes in the dredging and nearshore discharge areas may be disturbed by turbidity; but most fishes are expected to avoid the area. Due to the temporary nature of the project and the area affected, impacts would be adverse, but less than significant. Conversely, removal of accumulated sediments within the channel would increase the capacity of the channel and increase the volume and tidal movement of waters, which generally has a positive, beneficial impact on estuarine fish and invertebrates. Any beach nourishment activity will not adversely affect shoreline animals or dune vegetation. Nourishment activities that will take place in the high -to -low tide zone will have short-term, temporary reduction of infaunal abundance and species richness with less than significant impacts. In addition, nourishment activities would increase the beach width at these beaches and may provide a benefit to roosting birds and/or grunion. 3.4.2 LSAR Sensitive Species Based on a recent survey of current biological conditions conducted in April 2015 (Chambers Group 2015b), the lower Santa Ana River has limited functional value as habitat for sensitive species because of the periodic removal of vegetation by the County of Orange, the lack of high quality riparian vegetation, and the high proportion of non-native species. The analysis of threatened and endangered species and habitats within this Addendum does not change the conclusions of the previous analyses. Table 2 provides a list of sensitive species that may occur at either the LSAR channel or any of the beach receiver sites. Chambers Group, Inc. 17 20819 5-23 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California Table 2 Sensitive Species Potential at LSAR and Sand Receiver Sites Lower Santa Ana River channel X X X X X West Newport Beach X X X Balboa Island X X X China Cove X X X Surfside Beach X X East Beach X Huntington Harbour beaches X North Beach X X X Sensitive Plants The 1988 SEIS/EIR 583 stated that no federally or state listed plant species were observed within the project footprint, and no suitable potential habitat for sensitive plant species had been identified. Current conditions remain the same based on the 2015 biological survey. Results of the USFWS Biological Opinion in 2003 concluded that the project with additional compensation and avoidance measures would not jeopardize the wildlife. No eelgrass was observed in the maintenance dredging area at the time of the 2015 survey; however, eelgrass in the Santa Ana River is transitory in nature in the lower portion of the channel. A comprehensive management plan for eelgrass within the LSAR is currently being prepared to address the inconsistent presence of eelgrass within the maintenance area and potential impacts to eelgrass from maintenance activities (Merkel 2016). Potential impacts to eelgrass by the proposed maintenance activities will be identified and mitigated based on the resulting agreement between the regulatory agencies and the County. At the Balboa Island, China Cove, and Huntington Harbour beaches, eelgrass has been mapped to be near the proposed receiver sites, but do not occur within the placement footprints. However, depending on the location of eelgrass surveyed within any given nourishment cycle, the project may place material within 15 feet of a mapped eelgrass bed. Monitoring of potential eelgrass impacts from disposal operations would be conducted by the corresponding city where eelgrass is located within close proximity to sand placement, as appropriate. Each receiver beach will be in compliance with regulatory permit conditions specific to the beach, which may include additional pre - construction eelgrass surveys to confirm the avoidance of eelgrass within the project footprint during any given nourishment cycle. Western Snowy Plover The proposed project, including the beach nourishment sites, is not within the area designated as Critical Habitat for snowy plovers; and snowy plovers do not breed in the immediate vicinity of the Chambers Group, Inc. 18 20819 5-24 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California project site. They may at times forage or roost on the beach receiver sites. If snowy plovers are observed, impacts are avoided by avoiding any snowy plovers that are observed within the maintenance area. Proposed maintenance activities would avoid signed snowy plover foraging areas. California Gnatcatcher The proposed project, including the beach nourishment sites, is not within the area designated as Critical Habitat for California gnatcatcher; and California gnatcatcher do not breed near the project site. The nearest known occurrence of California gnatcatcher is located at Big Canyon Park east of Upper Newport Bay and west of Jamboree Road. Although they may occasionally forage in the LSAR channel within the project area, California gnatcatcher would not likely occur in the project area and would be expected to remain within the coastal sage habitat within Banning Ranch areas, which is outside the project area. Therefore, impacts would be less than significant to California gnatcatcher. California Least Tern The 1988 SEIS/EIR 583 discussed how the proposed dredging activity in Reach 1 would disturb established sandbars, which serve as loafing sites for California least terns. Impacts are expected to be minimal since dredging and sand placement will primarily occur when terns are not in residence. Dewatering and excavation of material in the upper portion of the reach could potentially have an impact. In addition, California least tern may be found foraging in the waters adjacent to the sand receiver sites. Due to the availability of other foraging areas in the immediate vicinity of both the LSAR and sand receiver sites, impacts would be less than significant. Belding's Savannah Sparrow Belding's savannah sparrows breed in pickleweed marsh in the nearby Santa Ana River marsh and Huntington Beach wetlands. Belding's savannah sparrow do not occur on the sandy beaches at the receiver sites. Although some patches of pickleweed occur on sand shoals in the lower portions of the Santa Ana River (Chambers Group 2015b), the pickleweed is too sparse and patchy to support breeding. Belding's savannah sparrows may forage occasionally in the pickleweed on the sand shoals. Removal and/or crushing of pickleweed will be minimized to the extent practicable. The noise created by the dredging and disposal operations may impact the species, but due to the temporary nature of the project, impacts are expected to be less than significant by implementing the minimization and avoidance measures previously described in the 1988 SEIS/EIR 583. California Grunion In addition to the nearshore fish species as discussed earlier, the California grunion (Leuresthes tenuis) has been known to spawn on many southern California beaches, including Surfside/Sunset, East Beach, and Newport Beach. Grunion are not listed as endangered or threatened under either the federal or California endangered species acts but is a marine fish that may use the beach for spawning from mid- March through August. California grunion is a species of concern due to its unique spawning behavior and the impacts grooming of beaches has on the species. California grunion are managed by the California Department of Fish and Wildlife (CDFW). California grunion will be avoided during disposal of dredged/excavated material. If maintenance activities occur within the California grunion spawning season, in order to avoid impacts to grunion, nourishment activities will comply with recommendations identified by the regulatory agencies, which may include surveys and/or monitoring at the appropriate Chambers Group, Inc. 19 20819 5-25 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California beaches during the expected grunion runs identified by CDFW for the specific year of the nourishment cycle to identify whether grunion occur within the project footprint. The 1988 SEIS/EIR 583 identified that disposal of material at the receiver sites would not have significant impacts on biological resources; California grunion will be avoided during disposal. 3.4.3 Previously Identified Mitigation Measures While the species discussed above and within the previous environmental documents are expected to be present within or nearby the lower Santa Ana River and beach receiver sites, impacts to these species will be less than significant because the project will avoid maintenance during the breeding seasons of the California least tern; and maintenance monitoring will occur to avoid disturbance to snowy plovers and California gnatcatchers. 3.5 CULTURAL RESOURCES Existing conditions, including the beach receiver sites, and impacts to cultural resources with regard to archaeological resources, paleontological resources, and human remains have not changed from the 1988 SETS/EIR 583. Previous analyses show that no National Register listed or eligible properties are present within the maintenance dredging and beach receiver sites. Discoveries or disturbance of archaeological/paleontological resources are not expected within the project sites, as it is previously disturbed and is continually maintained. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. 3.6 GEOLOGY/SOILS The existing conditions, including the beach receiver sites, and impacts to geology and soils with regard to earthquake faults, exposure to ground shaking, liquefaction, landslides, soil erosion and instability and usage of septic tanks have not changed from the discussion in the 1988 SEIS/EIR 583. As previously analyzed, although the project site and receiver sites are located within a seismically active region of southern California, the proposed project and beach nourishment activities are not expected to expose people or structures to substantial adverse effects, soil erosion, landslides, or liquefaction. In addition, the proposed project does not propose development of structures/buildings that may be subjected to expansive soils, nor does it require the use of septic tanks or wastewater disposal systems. Maintenance activities would not result in soil erosion or loss of topsoil. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. 3.7 GREENHOUSE GAS EMISSIONS The existing base conditions, including at the beach receiver sites, and impacts to greenhouse gas emissions with regard to generation of emissions, plans, policies and regulations have not changed from the 1988 SEIS/EIR 583. Previous analyses state that maintenance activities of the proposed project would generate emissions from operating maintenance equipment and transportation of the sediment material from the Santa Ana River to the receiver sites, which may occur via pipeline, barge or trucks. Greenhouse gas emissions from the proposed maintenance project are not expected to emit substantial amounts to result in a significant impact nor would the maintenance activities conflict with applicable plans, policies or regulations pertaining to greenhouse gas reductions. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. Chambers Group, Inc. 20 20819 5-26 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California 3.8 HAZARDS/HAZARDOUS MATERIALS Existing conditions, including the beach receiver sites, and impacts to hazards and hazardous materials with regard to transport, disposal, use and release, hazardous sites, proximity to airports and schools, emergency evacuation plans, and wildlands have not changed from the 1988 SEIS/EIR 583. The proposed project is not expected to create a significant hazard to the public or environment through transport, use, or disposal of hazardous material, accidental releases, and hazardous emissions. Maintenance activities will require the use of herbicides, fuels, and grease for equipment but given the small volume and low concentration of materials, no significant hazards are expected. The channel is not located within a hazardous waste site nor is it located within an airport or private airstrip land use plan, or emergency response plan. Project activities do not include the development of new structures that would expose people or buildings to wildfires. Impacts of the project and beach nourishment activities to these factors are less than significant. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. 3.9 HYDROLOGY/WATER QUALITY The existing conditions and impacts to hydrology and water quality within the project area, including beach receiver sites, with regard to standards and discharge requirements, groundwater supplies, drainages, runoff, flood hazards and seiche, tsunami and mudflow have not changed from the 1988 SEIS/EIR 583. The maintenance activities will alter the existing drainage patterns but will provide favorable impacts regarding drainage and flood control. The project activities would not develop any housing or structures that may impede or redirect flood flows. The project would involve brief periods of work at coastal placement sites; the likelihood of a tsunami occurring when maintenance workers are at a project site is minimal. However, in the event of a tsunami warning, the project site is within several minutes' travel time, by foot or by car, to the inland areas. Best management practices (BMPs) provided in the Storm Water Pollution Prevention Plans (SWPPP) will be implemented for the protection of water quality and storm water pollution prevention measures, which include structural and non-structural controls. No turbidity disturbances will be allowed between April 15 and September 4 downstream of Station 33 + 00 that may affect the tidal influence of the saltmarsh or to the open coast. Turbidity created by the discharge of dredged material is expected to be localized for a distance of less than 400 meters in the nearshore areas. Dredging during winter decreases turbidity impacts due to the large waves and storm runoff that cause naturally turbid nearshore ocean waters. No degradation of ocean water quality or exceedance of discharge limitations set for contaminants in the California Ocean Plan is expected to occur due to the low organic content and low concentrations of contaminants in the dredged sediments. Placement of sand on the beach may involve contouring sand into the water's edge, but impacts would be localized and temporary; although adverse, these impacts would be considered less than significant. As previously identified in the 1988 SEIS/EIR 583, dredging operations will be allowed throughout the year only if turbidity disturbances are avoided, as mentioned. The project activities will not deplete groundwater supplies nor will it develop new impervious surfaces that would interfere with groundwater recharge. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. 3.10 LAND USE/PLANNING The existing conditions, including the beach receiver sites, and impacts to land use and planning with regard to division of communities, land use plans and policies, and habitat conservation or natural Chambers Group, Inc. 21 20819 5-27 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California community conservation plans have not changed from the 1988 SEIS/EIR 583. The proposed project will not develop any additional structures that would physically divide an established community. While the LSAR is surrounded by various communities, maintenance activities will occur within existing District/County of Orange rights-of-way; and no expansion or construction of new facilities are expected to occur that may physically divide a community. While disturbance may occur to the surrounding project area and receiver sites during removal and transport of dredged/excavated sediment, it is temporary and maintenance activities are compatible with goals and policies as discussed in previous environmental documents for maintaining the channel to design grade. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. 3.11 MINERAL RESOURCES The existing site conditions, including the beach receiver sites, and impacts to mineral resources with regard to known resources and mineral resource recovery sites have not changed from the 1988 SEIS/EIR 583. No active mining operations are located within the receiver sites and project area. The 1988 SEIS/EIR 583 analyses of impacts remain the same; there are no impacts to mineral resources. 3.12 NOISE Project site existing conditions, including the beach receiver sites, and impacts to noise with regard to noise standards, vibrations, ambient noise levels and public and private airport plans have not changed from the 1988 SEIS/EIR 583. As previously identified in the 1988 SEIS/EIR 583, the sensitive noise receptors located near the maintenance dredging site include: 1) residential housing along Pacific Coast Highway, east of the channel; 2) Talbert Regional Park, east of the channel; 3) several residential houses near Victoria Street, east of the channel; and 4) several houses between Victoria Street and Adams Avenue, west of the channel. As identified in the 1988 SEIS/EIR 583, an electric -powered dredged is recommended; however, if a diesel dredge is used to remove sediments, the following measures would be applied: 1) the hours of dredging shall be limited to between 7:00 a.m. and 7:00 p.m.; or 2) if necessary, a suitable temporary sound wall shall be constructed to allow extended dredging operations. The proposed actions would not generate excess noise levels at the LSAR or the beach receiver sites that would be exposed to the general population. Maintenance activities would remain within the project site and access routes for truck trips to the receiver sites. Potential increases in noise at the receiver sites may occur during the placement of sand, but would return to existing conditions once placement activities ceased; therefore, impacts would be temporary and less than significant. As previously analyzed, on-site noise during maintenance activities within the channel and at the receiver sites would occur primarily from heavy-duty diesel- and gasoline -powered equipment, such as dredges, dozers, and dump trucks. Noise levels from these pieces of equipment range from 75 dBA to 90 dBA at a distance of 15 meters (50 feet) and 50 dBA to 65 dBA at a distance of 122 meters (400 feet), assuming noise typically falls off by 8 dBA with each doubling of distance from the noise source. As previously analyzed, off-site noise sources would result from trucks delivering material and equipment to the site and workers commuting, which would not be expected to affect any ambient noise levels. No anticipated long term increase in ambient noise levels and no permanent increase in traffic to cause additional increase in noise levels are expected. The project is not located within an airport land use plan nor is it located within 2 miles of a public airport. There will be no public airport - Chambers Group, Inc. 22 20819 5-28 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California related noise issues. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. 3.13 POPULATION/HOUSING The existing site conditions, including the beach receiver sites, and impacts to population and housing with regard to population growth, displacement, and construction of replacement housing have not changed from the 1988 SEIS/EIR 583. The proposed project, including beach nourishment activities at the receiver sites, would not induce substantial population growth in an area or displace substantial numbers of existing housing or number of people. The 1988 SEIS/EIR 583 analyses of impacts remain the same; no impact would occur. 3.14 PUBLIC SERVICES The project's existing site conditions, including the beach receiver sites, and impacts to public services with regard to fire and police protection, schools, parks, and other public facilities have not changed from the 1988 SEIS/EIR 583. The proposed project, including beach nourishment activities at the receiver sites, would not generate an increase in population, and would not result in increased demands for fire protection, police protection, schools, parks and other public facilities. While roads may be slightly impacted during truck transport of dredged sediment, the impact will not be significant to prevent access to emergency services to the area. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. 3.15 RECREATION The existing site conditions, including the beach receiver sites, and impacts to recreation with regard to neighborhood and regional parks and expansion of facilities have not changed from the 1988 SEIS/EIR 583. The project, including beach nourishment activities at the receiver sites, will not increase the use of existing parks or recreational facilities nor would the proposed project require construction or expansion of recreational facilities. Recreational activities in the project area may be temporarily affected by the operation of equipment for maintenance activities. Public access to a given beach may be closed or limited for the duration of sand placement activities at the receiver beaches. Other beaches and coastal recreational areas are located near each receiver beach. Although beaches or sections of beaches, depending on the size of a given beach, may be temporarily closed or limited during sand placement activities, temporary impacts to recreational use of the beach would be considered adverse, but less than significant. The placement of clean sand on or immediately offshore of the beach would provide for a wider beach and result in a positive recreational benefit. The 1988 SEIS/EIR 583 analyses of impacts remain the same; no impact would occur. 3.16 TRANSPORTATION/TRAFFIC The existing conditions, including the beach receiver sites, and impacts to transportation and traffic with regard to mass transit, congestion management, air traffic, design features, emergency access and public transit have not changed from the 1988 SEIS/EIR 583. The proposed project would involve the use of trucks to haul and transport dredged sediment from the LSAR channel to the receiver sites and to upland landfill sites, including additional trips for maintenance, repair and occasional emergency work. Chambers Group, Inc. 23 20819 5-29 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California Traffic is anticipated during these proposed maintenance activities along the channel, within District/County right-of-way, along existing maintenance access roads, and to/from beach receiver sites. Based on Caltrans traffic counts from 2014, a comparison of Annual Average Daily Traffic (AADT) within Orange County along local roadways between the dredging and receiver sites have increased since the 1988 SEIS/EIR. As identified in the 1988 SEIS/EIR 583, a total of up to a one percent increase in average daily traffic may temporarily occur during the course of the project based on project truck trips estimated to haul beach compatible sand. This estimate was based on 10-cy dump trucks utilizing major roads and highways within Orange County (e.g., Victoria St., Adams Ave., State Route 1 (Pacific Coast Highway)), with approximately 10 trips per dump truck per day, assuming up to 60 dump trucks per day. In addition, as a project condition of the 1988 SEIS/EIR, no dump trucks will operate on State Highways during the hours of 0600-0900 and 1500-1800. It is assumed that approximately 45 workers would commute to the LSAR channel and are assumed to commute within a 15- to 30 -mile radius from the proposed action area, utilizing several of the major freeways (e.g., I-5, I-405) in Orange County. The project will not impact air traffic patterns, nor will the project involve a change in design features of roadways/intersections that would cause a significant impact to traffic. The proposed project and beach nourishment activities are not expected to affect emergency access. Maintenance activities will occur within existing roadways and within the project site. Mobile equipment and trucks will not block existing driveways or roadways nor would the location of these vehicles interfere with emergency access. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. 3.17 UTILITIES/SERVICE SYSTEMS The existing site conditions, including the beach receiver sites, and impacts to utilities and service systems with regard to wastewater treatment facility expansions, storm water drainage facilities, water supplies, landfills, and solid waste have not changed from the 1988 SEIS/EIR 583. The proposed project would provide improvement to flood control of the channel but would not include development projects that would increase the population and exceed wastewater treatment requirement or require development or expansion of a wastewater treatment facility. Dredged/excavated sediment will be hauled and transported to the beach receiver and upland disposal sites, as applicable. Solid waste, including any material unsuitable for beach nourishment, will be placed in an upland area outside jurisdictional areas. No impacts to landfill capacity would occur. The 1988 SEIS/EIR 583 analyses of impacts remain the same; impacts will be less than significant. Chambers Group, Inc. 24 20819 5-30 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California SECTION 4.0 — CONCLUSIONS The District is proposing to conduct routine maintenance dredging within the LSAR. Since the last maintenance dredging cycle occurred approximately 10 years ago, existing conditions were reevaluated to determine if existing conditions have changed; a new Critical Habitat designation for snowy plover and California gnatcatcher had been identified since the last maintenance dredging episode. In addition, the SCAB has been designated by CARB as a nonattainment area for ozone, PM1o, and PM2.5, whereas the 1988 SEIS/EIR 583 identified CO and PMlo as nonattainment. The potential impacts of the proposed maintenance activities have been analyzed with respect to previous and existing conditions. To determine whether a subsequent EIS or ND would be required, the following conclusions were based on the findings of the analysis in this Addendum: 1) Based on the analysis of the proposed maintenance activities, no new significant environmental impacts would occur. 2) Based on the analysis of the proposed maintenance activities, the severity of impacts that were previously identified in the referenced documents would not substantially increase. 3) Based on the new information that was not known and could not have been known at the time of the 1988 SEIS/EIR 583 (as described in this section), the project: a. will not have any significant effects not discussed in the previous 1988 SEIS/EIR 583; b. will not have substantially more severe significant effects than shown in the previous 1988 SEIS/EIR 583; does not propose any mitigation measures or alternatives previously found not to be feasible which would in fact be feasible; will not require new mitigation measures that would substantially reduce one or more significant effects of the project, for which the project proponents decline to adopt the mitigation measure or alternative; and has no new mitigation measures or alternatives that are considerably different from those analyzed in the previous 1988 SEIS/EIR 583 and that would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In compliance with Section 15163, none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. Also in compliance with Section 15163, only minor additions or changes have been necessary to make the previous EIR adequately apply to the project in the changed situation. Pursuant to Section 15164(a) of the State CEQA Guidelines, this Addendum is in compliance with CEQA. Chambers Group, Inc. 25 20819 5-31 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California SECTION 5.0 — REFERENCES Berstein, B., K. Merkel, B. Chesney, and M. Sutula 2011 Recommendations for a Southern California Regional Eelgrass Monitoring Program. Prepared for the Nation Marine Fisheries Service. Technical Report 632. May 2011. Chambers Group, Inc. 2015a Results of Surveys of Nearshore Marine Habitats Offshore the Santa Ana River. Prepared for Moffatt & Nichol. July 2015. 2015b Vegetation Survey of the Lower Santa Ana River for the Lower Santa Ana River Maintenance Dredging Project. Orange County, California. Prepared for Moffatt & Nichol. April 2015. 2016 Results of the Biological Survey for the Proposed Five Sand Receiver Sites Located Within Huntington Harbour, in the City of Huntington Beach, California. Prepared for Moffatt & Nichol. January 2016. Coastal Resource Management 2014a Marine Biological Resources Assessment Surfside -Sunset Beach, Beach Nourishment Project. Coastal Resource Management. Prepared for Moffatt & Nichol. July 2014. 2014b Results of the Fourth Newport Bay Eelgrass Mapping Survey: Status and Distribution between 2012 and 2014. Newport Beach, California. Prepared for City of Newport Beach Public Works, Harbor Resources Division. November 2014. 2015 Update of Intertidal and Subtidal Habitat Bio -assessment Information for the City of Seal Beach East Beach Nourishment Project. Prepared for Moffat & Nichol. April 2015. ICF International 2014 Sunset/Huntington Harbour Maintenance Dredging and Waterline Installation Project Draft Initial Study/Mitigated Negative Declaration IP 14-148. Prepared for County of Orange, OC Parks and City of Huntington Beach, Public Works Department. August 2014. Merkel & Associates, under ICF International 2016 Lower Santa Ana River Sand Management Project, Eelgrass Comprehensive Management Plan. Prepared for Orange County Public Works. March 31, 2016. Moffatt & Nichol 2016 Beach Nourishment on Balboa Island and China Cove Using Maximum of 50,000 cy of Lower Santa Ana River Sand. 2002 Final Mitigated Negative Declaration San Clemente Beach Replenishment Program. December. Chambers Group, Inc. 26 20819 5-32 Addendum IP 15-359 to the Supplemental Environmental Impact Statement/Environmental Impact Report 583 Santa Ana, County of Orange, California U.S. Army Corps of Engineers, Los Angeles District 1988 Final Supplemental Environmental Impact Statement/Environmental Impact Report. Phase 11 GDM on the Santa Ana River Mainstem Project including Santiago Creek. U.S. Army Corps of Engineers, Los Angeles District. 1991 Final Supplemental Environmental Assessment, Enlargement of Reaches 1 and 10 Staging Area, Santa Ana River Mainstem Project, County of Orange, California. U.S. Army Corps of Engineers, Los Angeles District. 1996 Operation, Maintenance, Repair, Replacement, and Rehabilitation Manual, Lower Santa Ana River Channel, Los Angeles District. Corps of Engineers, Los Angeles, California. 2001 Final Supplemental Environmental Assessment. Santa Ana River Mainstem Project (SARP) Lower Santa Ana River. Reach 1 Channel Excavation to Design Grade, Orange County, California. March 2001. 2003 Final SEA for Staging Areas for Channel Excavation to Design Grade in Reaches 1 and 2. 2004 Final Supplemental Environmental Assessment and Addendum to the 1988 Phase II General Design Memorandum SEIS/EIR. Santa Ana River Mainstem Project (SARP) Lower Santa Ana River. Reach 2 Channel Excavation to Design Grade in Orange County, California. U.S. Army Corps of Engineers, Los Angeles District. U.S. Department of the Interior Fish and Wildlife 2003 Biological Opinion for Santa Ana River Mainstem Project (SARP) Lower Santa Ana River Reach 2 Channel Excavation to Design Grade. U.S. Department of the Interior Fish and Wildlife, Carlsbad, CA. Prepared for U.S. Army Corps of Engineers, Los Angeles. 2012 Informal Section 7 Consultation for the Orange County Public Works Ocean Outlets Maintenance Program, Cities of Huntington Beach, Dana Point, and San Clemente, Orange County, California. U.S. Department of the Interior Fish and Wildlife, Carlsbad, CA. Prepared for U.S. Army Corps of Engineers, Los Angeles. Wittenberg, L. 2008 Approve Mitigated Negative Declaration 08-2 — East Beach Sand Nourishment Project. Prepared for Seal Beach Honorable Mayor and City Council. Agenda Staff Report. October 2008 Chambers Group, Inc. 20819 27 5-33 UNGNAL ATTACHMENT B G! -'K ; L OF THE BOARU Agreement MA -084-16012164 C Rf'. ,1 G E C01). -9TY COOPERATIVE AGREEMENT BETWEEN THE RECEIVED BY PUBLIC WORKS ORANGE COUNTY FLOOD CONTROL DISTIRCT AND THE AUG 0 9 2016 CITY OF NEWPORT BEACH FOR THE LONER SANTA ANA RIVER SAND MANAGEMENT PROJEffy OF NEWPORT BEACH This Cooperative Agreement ("AGREEMENT") is entered into the .26.14.q day of c�tAL,% 2016, by and between the Orange County Flood Control District, a political s division of the State of California ("DISTRICT"), and the City of Newport Beach, a municipal corporation and charter city in the State of California, ("CI'T'Y"). The DISTRICT and the CITY are the parties to this. AGREEMENT and may sometimes hereinafter be individually referred to as "PARTY" or jointly as "PARTIES". WITNESSETH WHEREAS, the lower Santa Ana River is owned, operated and maintained by the DISTRICT; and WHEREAS, sediment accumulates in the lower Santa Ana River delivered from upstream sources and from the ocean at the river outlet; and WHEREAS, the Operation, Maintenance, Repair, Replacement and Rehabilitation Manual for the lower Santa Ana River channel, dated December 1996, prepared by the U.S. Anny Corps of Engineers identifies the design invert elevation and established an upper grade limit that sediment would be allowed to accumulate to before the sediment must be removed to the design invert elevation; and WHEREAS, based on recent topographical surveys, the accumulated sediment in the lower Santa Ana River between the ocean outlet and approximately 2,200 feet upstream of the Adams Avenue bridge crossing is at or near the upper grade limit in many areas; and WHEREAS, the DISTRICT intends to undertake removal of the accumulated sediment from the lower Santa Ana River and deposit the sediment that is compatible for beach nourishment to one or more beaches within Orange County, hereinafter referred to as the "PROJECT"; and WHEREAS, removal of the sediment is regulated by the California Coastal Commission, California Department of Nish and Wildlife, Santa Ana Regional Water Quality Control Board, and the U.S. Army Corps of Engineers (collectively "Resources Agencies"); and WHEREAS, the Southern California Dredge Material Management Team (SC-DMMT), the interagency team for the coordinated review of dredging projects and dredging policy issues, 5-34 Alpieeimun MA-(180-16c11,116� has approved variiciusi potenliaa onshlore zinc nearishlorci beacihl disposal Mites within Orange County: and WHHRIHAS, the DISTRICT will takci 11Ia lead for thle design, environmental, riegul:latory pcirmitting and cionstruclion managurr.unt oflthe PROJIHCT; and WHHRIHAS, tha lowast ciost fcir 1hu DISTRICT, ciomplying with) the raqu:ircic cinvironmcmta] documents and ragullatoryl penn:ils, is to dcipos:il all tha ,iuitablci maturia] at CIITYI's baachl shown in HxIIibit A as 1hu hashed arcia designated "Nearshlcira", ailtached herielo zinc inciorfcirated herein by this referienca, as this is lhla closest beach in nucid oflsuital]a material to Zhu HROJIHCT; and WHHRHAS, 1hu CITYI and DIS'IIRICT ackrowacidga that suitable mzrterial is not required to be dapcisillud al a CI'HY l ciachl, and tha DISTRIC'II may choosci not to deposit any suilable rr ater.'zd at CITYI's bciach; and WHERHAS, approved suitable rrater.'al, also scirretirricis rafened to as eompalible sand cm SAND :in lihis AGREEMHN'II, is dcifincid as mzrteria] meeling loth phlysicialgrlain Mize carnrlatibility and cherriciaa licisiling in accordance with stats and foderal riegullalions for matarial la be used for beach nourishment as deterrninad and approved by the 9C-IIMMT; and NC VAI, THHRHFC RH, ail is n: uttl ally uridarstood and agileed by DISTRIC B and CITYI as fol:laws: AITHICIIE 1. COMPLETH AGREEMHNT Thlis AGREEMEN'II canstitulcis the complae and ciNicilw6va statement of lhle terms and cond:ilions of tha ACRHHMENT between DISTRICT and CITA zinc i1 supersedes all p6or rieprasentations, undurslancings and eommuniealions. Thle invalidity in who:la cir in part cif any term or cand:ilion of this AGREHMENT shall noel affect the ualidily of other terms or conditions. Changes herela shall not be binding upon both PARTIES except when specifically confirmed :in writing by an aulhlorized rciprcisenilative ofleacih PARTYI. AR'I]ICIJE ]. 14BSBONSIBILITIES CF CITYI CITYI agracis to lha following responsib:iliticis: A. Allaw DISTRICT'S construction contraalor, all no cost to CITYI, to daposill a maximum cif 1.1 million cubic yards of carr.patible sand (1hu 'SAND") at CITWS beach wilhin thle l imi 1 s shown in Hxhi bi t A as thle hashed arcia das:i gnat ud "N earshlore." B. Negotiate w:ilhl DISTRICA on acaciptance ofladditicinal compatible sand iflthle DIS'IIRICT c citermincis that additional compatible sand is found to be within thle PROJECT limils lhlat require rcimoval to meet the HRCJECT objectives. 5-35 Agraemanl MA -WH E 01 a 1 f 4 C. Reirnovc up to -"10,000 cubici yllarids cif) SAND on a continuous effort from a stockpiles lociation(s) ('STOCI<JPILE PCR➢ION to be dealermined byl DISIIRICT Vca bei within and/or immed:iate:ly adjacent/ to the PROJIHC11 limina, at no cast to DISIIRICT, for CITYI to transparl to locaalions within Balboa Island and Celina Cove (coalectivealy "`NEWPORT HARBCR") as generally deapictead and in thea nal -lo -exceed volumes lasted in Hxhibil H, which is atlachled heireto and incorporated Herein by this referiencei, in licu of deposilinig sucH amount of SAND at the deisignalead beach nouri�ihnleinl sile shown on Hxhlbil A as "'Ne iarshore." D. Make aniangeaments using CI11Y fbriceas ar via CITYI contract to load and remove lhlei STCCKFIIIIH PORTION, provide all neceissaryl traffic cionlrcal whila entering anc eaxiting 1ha PROJIHC11 limits, secure any required lruak Haul route permits, and riequirie any C I11Y1 caonl ractors loading and transpcarl ing SAND lo prov:i dei a certi fical a of l iab i ll ity insurancie 10 IMSTRICT prison to start ofIwork. H. In the event thlat CI11Y does not nemicivei the STC CKHIIIH PORTICN vuithlin a reasonable lime aaften thea STCCKPIIIIH PORTION is placead at thea slcacUpile lcaaationi(,(, DIISTRICT reiserves the right to reimova all on a pardon of the S11OCKPILE PORTION at its discrealioni and arrange for transport to other reicieiver silm f6r thea purpose of ma:inlaining lhei PROJIHCT schledule and/ori f. ood ahannal aapac:ily. P. Perform its awn cionstruction :inspection and survey of caompatibIc SAND deposition at 1ha STC C KPIIIH HORTION to vearify quantity of suitable maternal placed. C . C I ➢YI' S Deputy Public Warks Direicton k i l y Engineer, or all ern atc, voi l participate i r i the eavaluation caommitil ae fora the scileclion oft DISIIRIC'➢' S coni�drucition conitnaclor who will bei hired by DISIIRICT based, in hart, on qual:ificiations using thea Ccanstruct:ican Manager at -Risk project del:ivciry method. H. Rcivieiva thea construcition plans speicif ciat:ions and sign the cover sheet oft thea consiruacition plans fbri only the portion of the FiROJIHCT involving removal fb SAND from thle :lowers Santa Ana Rivera and depositing thea SAND 10 thea NHWPCRII HARBOR locaat:ions as "Approved", upcan requeasl and after all einglineening issued, if any, have burin addresseid. I. Issuea a no fee encroachment permil to DIS11R11CT'S acanstruictican contractor including C IIIYI'S Mandand tearmis anc conditions, including standarc imiuranaa riequinemieanl,,a. J. Compleate a l neceassary documents, and act as thea aeaad agcnay in complianaa with the California Environmental Quality Acct so ealy fbn the transportation cif lthe STOCKPILE PCRflION to Mea NHWPCRII HARBOR reacaeiver sites and depositing of sucH STOCKFIILE FIORTICN at sucH NEWPORT HARBOR reccivet sites. IQ. Provide to the DISTRICT any biological aricilor eanv:ironmcnlal reports xquesteid by thle Reasourcei Agencies for regulatory) Ilearrnit approval fora plaaeament cif SAND al the NHWPORT HARBOR siteis. 5-36 Apicamenl MA-CI8(1-1((I1'I 164 L. Prcav:icea to the DIS'HRICT any b:icalogilcaal andilor einvironrrieintal rr.oniloring and reiporling needeac fbn ccamipliance with thea ragulatoryl perm:il appnovails fcm thea placeirr.eint of SAND ail the NHW PC RN HARBOR siteas. ARTICLH 3. RESPCNSIHILIJI M9 OP DISTRICT DISTRACT agrleeas to thea following responsib:ilit:ieis: A. Ensunea thal only suitable SAND is depo,,aited in CIT'4'S jurisd:ication. H. Pay all casts of deapositing the SANE] ail the CTflYI' S beacah shown on Exhib:il A. CI. Require its constncation aonlractor to deposil all SAND lransporteac to Wast Newporl Beach to ba placead in t1le aaraa rr. ankeid "Nearshorea" on Hxh:ibit A ralheiri than onshorie. D. Slocakpile up to 54,004 aaubic yards of SAND for CITYI to load, transport and unload to NHWPCR'Il HARBOR H. Transmit caonstruclion plans to the CITYI'S Deputy Public Works D:ineacatori/City Hngilneaar fon apprcaval and signaturea pr.'or to :mivaracae of 111a caonstrucation eontraeil Ica lho conslrucat:ion caonlnacton. FI. Pnapaiie thea caonstruclion plans and specdficaations, prepare Mea environmental documentation, obtain all riegulailcary pennils :including all environmental approvals, and provida conslrucation administralion and inspection serviceas foci the dispcasa] siteas shown on Exh:ib:il A as "'Nearshore". ARTICLH 4. MUTUAL AC RHHMHNTS It is mutually agrleed by the PARIAHS hepato 1hat: A. All noel i ces haaraaundear and caommuni cal i ons reiganding 1 hea :int a lTli atal i on of 1 flea 1 erns of this ACRHHMHNT, or changes 111eireto, sa11a1a be effecded by delivaryl of said noilices in persori on by depos:iling said nollices in the U.S. mail, neigilstenad or aart:if cid mieiil, reaturn receaipt reaqueisteid, postage preapaid and addr rased as follows: 'Ito DISTRICT: OC Public Works Shane S:ilsby, Diractor P.O. Box 404E Santa Ana, CIA 92702-4048 TO: CIT 4: City of Newport Beach Dave Webb, Pub] ica Works Dir actor P.O. Bomi '17(8 5-37 Agraeimarit MA -080-16(1121 E4 Newpor Beach, CA 92(_`18 H. CITY agrees to indemnify, defend with counsel appiovcid in wrilling by DISTRACT, and hold DISTRICT, its cdeclad and appoinled officials, officers, cimployaes, agants and those special districts and agencies wh:iah the Orange Caunty Blcard of Supervisors acts as thle govarriing Boand harmlossi from any claims, dcumands or liabihily of any kind or nature, including but not limileid to paisonal injury ar prcpery damago, arising fromi of related to CITY'S ants and/or omis,,iions arising from or rcdatcic to it�i performance ur. dcw this AG RIHEMHNT. DISTRIC'11 agneas to indemnify, defend w:ilh counsel approved in wriiting by CITYI, and hold CITYI. it,,i elciated and appointed officials, offrcars, emp:layeas, directors, agents, and affiliates, harmless from any alaims damands of :Iiabitil}I of any kind or nalure, inaluding but not limited Ila parisonal :injury or pioparty damaga, arising from or ralatec to DISTRICTS acts and/or arr. issions arising fiiom or related 10 its parfbrmanea under this AG RHDMHNT. For purposas oflthis subseation (B), the obligations of lhei PARTIHS 10 picipane 11.1ei environmental documents and oblain 1ha regulatory approvals :ic cinlified in this AC 14BBMBNT shat l be cons:i darad the acil of tha AA 14T'1 responsibI e for eaah suah environmental document and r egu I al ory appy oval. Ifl judgment is entmad against DISTRICI11 and CITYI by a court oflcompetanl juriisdiclion bacause of thle eonaurrenil acdive negligence ofIC1TY and/or DIS'➢RICT, CITY and DISTRIC'11 agree tHall liabil:illy will ba apportioned as determined by lhci court. Neilhcn PA 14W shall request a jury appor ionment. C. DISTRICT 11 and CIT'1 agnea lhlat in the performance of thleir obligations unc cir lhiis AC14BBMHNT thley shall comply with all appl:ieable f6deial, stallci and local lavas, slatutas and ordinances anc all :lawful orders, rules and regulations promulgatec thereunder. D. This AGRHEMHNT may be Iarminatad upon mutual agraement oflthle PARTIES prior to the award oflthe consilrualion contract oflthe P140JECT by DISTRICT. H. This AGRHEMHNT may be amicncad in writing by 1Iha mutual consent oflthe PARTIES. No amendment shlall have any fbrca or effect unless cucacuted in wriiling by the PA 14`1IIHS. F. In any action ar pracaeding la enforce ar interprell any provision of This AC14BBMENT or where any prav:isiomi thereof :isi va:lic I wiser cid a,,i a defensei, ciach PART A shall beiar :its own attorney',,i fees, aosts anc expewieis. 5-38 Agreement MA -080-16012164 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the dates opposite their respective signatures: CITY OF NEWPORT BEACH, a municipal corporation and charter city in the State of California Date: Mayer, City of Newport Beach Attest: Date: City Clerk of the City of Newport Beach Date: S6b'116 APPROVED AS TO FORM By: Aaron C. Ffarp, City Attorney City of Newport Beach ORANGE COUNTY FLOOD CONTROL DISTRICT, a body cq#rporate anj 34&L Date: r By hdir of the Board of Supervisors Orange County, CA Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec 25103, Reso. 73-1535 Attest: Date: �7 —z4—(6 r .� Clerk of the Board of Supervisors County of ©range, California Date: -S` 21/L/6 - APPROVED AS TO FORM Office of the County Counsel Grange County, California By: eputy 5-39 34th St •.42nd,St Orange St EXHIBIT B Sand replenishment Priorities in Newport Harbor 5-41 COLLINS BALBOA 'SSCISLAND DAY FRONT ALLrYI•J Q +♦` a C Irvine .f r� sew Tef►dC\ - �0 , .'z ', C� PSA, i Oa r 3 Tr PARK AVE �kfi y�/' •,J - ?nvBAYFRONTALLEYS BALBOA ISLAND /, •yf F,p c�,� IvEt y 9� C J F- 0. Peninsula Park East Bay Front: 71000 cy �w 4 , f �o �- - south Bay Front: 15,000 Cy IP North Bay Front: 8,000 cy , 0 � Grand Canal: 10,000 cy 01 � "a �w��°� ,P China Cove 10,000 cy } i �+ Total o a l 50� 00v 4y cmma De C3 M S1 tet Beach Y ecaR T Newport m � BEaCFI Q 1,00D 2,000 Disclaimer: Every reasonable effort has been made to assure the accuracy otthe data provided. however, The City of Newport Beam and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. r� z GIS Feet Imagery: 2009-2013 photos provided by Eagle Imaging www.eagleaerial.com Tnnol5 5-41 MEETING DATE: ATTACHMENT C .'agenda Item AGENDA STAFF REPORT LEGAL ENTITY TAKING ACTION: BOARD OF SUPERVISORS DISTRICT(S): SUBMITTING AGENCYIDEPARTNIENT: DEPARTMENT CONTACT PERSON(S): 16-000763 ASR Control 16-000763 07/26/16 rs � Board of Supervisors and Orange County Flood Control District r� OC Public Works (Approved) Shane Silsby (714) 667-9700 Hardy Khan (714) 667-3906 SUBJECT: Lower Santa Ana River Sand Management Project Construction Contract C- r A CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD Concur Approved Agreement to Form Discussion 3 Votes Beard Majority Budgeted: Yes Current Year Cost: $22,000,000 Annual Cost: N/A Staffing Impact: No of Positions: Sole Source: No Current Fiscal Year Revenue: N/A Funding. Source: Flood Fund 4.00: 100% County Audit in last 3 years: No Prior Board Action: 3122120 t6 #9 RECOMMENDED ACTION(S): 1. Find that the circumstances of the Lower Santa Ana River Sand Management Project are substantially the same as FEISIEIR No. 583 and Addendum IP 15-359 which adequately address the effects of the proposed Lower Santa Ana River Sand Management Project. No substantial changes have been made in the Lower Santa Ana River Sand Management Project, no substantial changes have occurred in the circumstances under which the Lower Santa Ana River Sand Management Project is being undertaken and no new information of substantial importance to the Lower Santa Ana River Sand Management Project which was not known or could not have been known when FEISIEIR No. 583 was certified has become known; therefore, no further environmental review is required. 2. Find that Final FEIS/EIR No. 583, previously certified by the Board of Supervisors on November 28, 1989, reflects the independent judgment of the County of Orange. 3. Authorize the expenditure of Orange County Flood Control District funds for an amount not -to - exceed the total sum of $22,000,000 to fund Guaranteed Maximum Price Contracts between the Orange County Civic Center Authority and CJW Constniction, Inc. for Construction Manager At - Risk construction phase services for the Lower Santa Ana River Sand Management Project, commencing on the date of execution by the Orange County Civic Center Authority and when directed to do so by the Director of OC Public Works or designee based on Board of Supervisors approval. Page t 5-42 16-000763 2 8 4. Authorize the Director of OC Public Works or designee to expend funds in the amount specified above when the certificate of insurance has been submitted and approved by County Executive Office, Risk Management and County Counsel. 5. Direct the Chief Real Estate Officer to execute a standard State Lease with the California State Lands Commission for the Lower Santa Ana River Sand Management Project, substantially in the form attached and when approved by County Counsel as to form. 6. Approve Cooperative Agreement between the Orange County Flood Control District and the City of Newport Beach for disposal of beach compatible material within West Newport Beach. 7. Authorize the Chief Engineer of the Orange County Flood Control District to adopt plans, specifications and working details for the Lower Santa Ana River Sand Management Project pursuant to California Public Contract Code Section 22039. SUMMARY: Authorization to expend funds to perform sediment removal from the Lower Santa Ana River and approval of the Cooperative Agreement between the Orange County Flood Control District and the City of Newport Beach will provide greater flood protection to nearby residents and businesses within Orange County. BACKGROUND INFORMATION: The Lower Santa Ana River Sand Management Project (Project) involves the removal of up to 840,000 cubic yards of sediment, including removal of vegetation and minor amounts of trash and debris along 3.5 miles of earthen bottom within the Lower Santa Ana River (River) from the ocean outlet to upstream of Adams Avenue. The Orange County Flood Control District (OCFCD) has the responsibility to operate and maintain the Santa Ana River Channel pursuant to the Local Cooperation Agreement between OCFCD and the U.S. Army Corps of Engineers (ACOS) approved by the Board of Supervisors (Board) in December 1989. The policies and procedures regarding the operation and maintenance of the Santa Ana River Channel are specified in the Operation, Maintenance, Repair, Replacement and Rehabilitation Manual (O&M Manual) for the Santa Ana River Channel prepared by the ACOS in December 1996. The O&M Manual established an upper limit to identify the maximum amount of sediment that is allowed to accumulate in the Santa Ana River (River) and still maintain design flood protection. The O&M Manual further states that once sediment deposits exceed the upper limit, the sediment must be removed to the original bottom elevation of the River. An inspection by the ACOS and a topographical survey conducted by OCFCD in 2013 determined that the accumulated sediment in the River is near the upper limit in many areas. The Project will remove the accumulated sediment and restore this portion of the River back to its original bottom elevation. The Project's regulatory approvals and CEQA documentation require accumulated sediment that is compatible for beach nourishment to be deposited on beaches within Orange County. Through soils investigations, the majority of the material has been found to be suitable for beach nourishment. The beach receiver site closest in proximity to the Project site that is in need (- sand sand is West Newport Beach within the City of Newport Beach (City). The near shore zone within Wes, Newport Beach has the capacity to receive all of the beach compatible sand from the Project. In addition to West Newport Beach, OC Public Works is working with other cities who manage beaches that are in Page 2 5-43 16-000763 a) 8 need of beach compatible sand. These potential receiving beaches include Huntington Harbour, San me Clemente and Newport Harbor. The cities will be responsible for transporting the sand to their beach weceiver sites. On November 5, 2015, the Orange County Civic Center Authority (Authority) issued a request for proposals for the Project and subsequently awarded the contract to CJW Construction, Inc. (CJW), On March 22, 2016, the Board approved a Cooperative Agreement between OCFCD and the Authority which allows the Authority to enter into public works contracts in support of the Project. Additionally, the Board authorized the expenditure of OCFCD funds for Construction Manager At -Risk (CMAR) design phase services between the Authority and CJW. The CMAR project delivery method entails a commitment by the general contractor to deliver a project within a negotiated Guaranteed Maximum Price (GMP). The CMAR contractor acts as a consultant during the design phase and as the general contractor during the constriction phase. Acting as the CMAR during the design phase, CJW has provided constrtctability reviews, assistance with public outreach, value engineering, regulatory permit support and preparation of pre -construction submittals. Due to the timing of the issuance of the pending regulatory permit approvals and environmental constraints within the issued regulatory permit approvals, the Project will benefit from activities being separated into multiple GMP contracts in order to maintain the Project schedule. The proposed construction phase services contract allows for approval of GMP proposals up to an amount not -to -exceed $22,000,000. Dredging and placement of material will be conducted in waters under the jurisdiction of the California State Lands Commission (CSLC). The CSLC requires OCFCD to enter into a standard state lease when dredging and placing material within CSLC jurisdiction. Delegated authority to the County Chief Real Estate Officer to execute a lease substantially in the same form attached (Attachment C) is requested from the Board. A majority of the beach compatible material is being transported to West Newport Beach and possibly Newport Harbor for beach nourishment. The purpose of Cooperative Agreement MA -080-16012164 between OCFCD and the City is to define the parties' respective rights and obligations with respect to the transport of beach compatible material to the City. The Project requires approval from four federal and state resource agencies. Approvals from the California Department of Fish and Wildlife and the Santa Ana Regional Water Quality Control Board have been issued. A Coastal Development Permit (CDP) from the California Coastal Commission (CCC) and a Clean Water Act Section 404 Permit (404 Permit) from the ACOE are pending. Construction cannot begin until the permits have been obtained. Eelgrass, an aquatic plant prevalent within the Project footprint, is considered to provide important biological value and is regulated under the Clean Water Act. Recently, OC Public Works and the CCC carne to an agreement on how to offset the impacts to eelgrass that will benefit the environment while still allowing the Project to be permitted. OC Public Works has been given a positive verbal indication by CCC staff that the Project will be on the CCC's July 2016 hearing with CCC staff recommending approval. Provided the CCC approves the Project at the hearing, it is expected that CCC staff will issue the CDP within six weeks of the hearing. Issuance of the 404 Permit is subject to CCC approval. Therefore, provided the CCC approves the Project, all regulatory permit approvals are expected to be issued before construction begins in early September 2016. Page 3 5-44 16-000763 r� OC Public Works recommends authorizing the expenditure of OCFCD funds for the construction phase services contract for the Project without final permits with a condition that execution of the construction phase services contract not be done until all the regulatory permits are issued. The permits that have already been issued require that the work occur between the first of September and the first of February to avoid impacts during the nesting season to adjacent endangered species habitat. California Public Contract Code Section 22039 allows the Board to delegate authority to a designated representative to approve plans, specifications and working details for public projects. Authorization of this designation to the Chief Engineer of the OCFCD is necessary for County design immunity and delegating the Authority will negate the need for multiple Board agenda items solely for this purpose. Compliance with CEQA: The circumstances of this Project are substantially the same as FEIS/EIR No. 583, but changes or additions are necessary as set forth in Addendum No. IP 15-359, which adequately addresses the effects of the proposed Project. No substantial changes have been made in the Project, no substantial changes have occurred in the circumstances under which the Project is being undertaken and no new information of substantial importance to the Project which was not known or could not have been known when FEIS/EIR No. 583 was certified or through the date of approval and adoption of the Addendum IP 15-359 has become known; therefore, no further environmental review is required. FINANCIAL IMPACT: Appropriations and revenue for this Contract are included in the FY 2016-17 Adopted Budget. In the event funding is reduced andlor not available to continue funding the Contract, the Contract documents include a termination for convenience clause which states the County may terminate the Contract in whole or in part, at any time, with a 30 -day notice. STAFFING IMPACT: NIA ATTACHMENT(S)- Attachment A - Addendum IP 15-359 to EISIEIR No. 583 Attachment B - Contract MA -080-16012205 Attachment C - California State Lands Commission Standard State Lease Attachment D - Cooperative Agreement MA -080-16012164 Attachment E -- California Public Contract Code Section 22039 Attachment F — Property Acquisition Questionnaire Attachment G - Project Location Map Page 4 5-45