Newport Beach City Council
April 23, 2024

Attachment L
Applicant’s Letter Regarding Vehicle Access dated March 22, 2024 13-180

350 South Grand Avenue, 51st Floor
Los Angeles, CA 90071
213-576-1000 | Fax: 213-576-1100
Matthew Wickersham Direct Dial: 213-576-1185 Email: [email protected]

Alston & Bird LLP www.alston.com
Atlanta | Beijing | Brussels | Charlotte | Dallas | London | Los Angeles | New York | Raleigh | San Francisco | Silicon Valley | Washington, D.C.

March 22, 2024

Mayor Joe Stapleton and City Councilmembers
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Orange County Sanitation District’s Response to Appeal of OC San Bay Bridge Pump Station – Major Site Development Review and Coastal Development Permit (PA-2023-0076) – 250 E. Coast Highway
Dear Honorable Mayor and City Council Members,
On behalf of Orange County Sanitation District (“ OC San”), we submit this letter in further response to the January 31, 2024 appeal (“Appeal”) by Bayside Village Marina (“BVM”) of the Planning Commission’s approval of OC San’s Bay Bridge Pump Station and Force Main Replacement Project (“Project”). We understand that BVM has requested more information regarding the trucks and vehicles that will be using the access easement and Pacific Coast Highway entry as part of the Project.

OC San has already provided BVM with detailed information on this topic .

Attachment A to this letter contains excerpted portions of the transcript for the recent deposition of Don Stokes, maintenance manager for OC San, taken on December 13, 2023.

During this deposition, Mr. Stokes confirmed the available information on the size, number and frequency of vehicle traffic expected for the Project. OC San previously referred to this testimony in its responses to BVM’s Second Set of Special Interrogatories, excerpts of which are attached here as Attachment B1.

We also wanted to note that a shared access roadway was encouraged by BVM as part of their prior discussions with OC San for this Project. In providing comments on OC San’s Draft Environmental Impact Report, BVM’s consultant emphasized that BVM’s future construction project “can accommodate the minimum turning radius of the largest [OC San] truck needed” and that OC San’s trucks could use either the existing driveway

1 OC San also referred to its 2020 Recirculated Environmental Impact Report, which identified the anticipated vehicles to be used during Project construction. Relevant excerpts are included as Attachment F. The full document is available at the link below:
https://www.ocsan.gov/home/showpublisheddocument/29830/637346458079100000. 13-181
OCSD’s Response to Appeal of OC San Bay Bridge Pump Station March 22, 2024

on East Coast Highway or a shared access easement route , in order to access the pump station. Attached as Attachment C is the relevant excerpt from these September 5, 2019 comments. Also attached as Attachment D is a December 17, 2019 email from BVM’s consultant that noted “our proposed ‘shared access’ roadway.” We are happy to provide any additional information that may be needed on this issue, but again these are all issues that have been repeatedly discussed with OC San and BVM. As conceded by BVM, it has waived its right to challenge the location of OC San’s Project and the shared acces s roadway when it withdrew the deposit of probable compensation submitted by OC San . (Attached as Attachment E are relevant portions of BVM’s February 27, 2023 responses to interrogatories from OC San.) As shown by the court documents previously provided to the City, BVM can no longer dispute that OC San has the legal right to take physical possession of the acqu isition area, which includes a permanent non -exclusive access easement. T he proposed location and layout of the permanent easement is moveable at BVM’s discretion as indicated in the legal description in the Resolution of Necessity. And once physical possession is taken by OC San, that easement provides OC San with the legal right to use the easement for both construction vehicles for the Project’s construction and maintenance vehicles for the Project’s subsequent operation. BVM has waived its right to challenge this use, and has in fact already received compensation for this use. Instead, the remaining legal issues concern whether the value of the access easement and any alleged damages resulting from the use of the easement exceed the amount already paid by OC San.

While BVM is still disputing the amount of compensation that it should be paid for a small portion of its property, that should not affect the City of Newport Beach’s approval of this critically important project.

Sincerely,

Matt Wickersham

Attachments
13-182

ATTACHMENT A

13-183
13-184

·1· · · · SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · ·FOR THE COUNTY OF ORANGE-CENTRAL JUSTICE CENTER
·3
·4· ·ORANGE COUNTY SANITATION,· · ·)
· · ·DISTRICT, a public entity,· · )
·5· · · · · · · · · · · · · · · · ·)
· · · · · · · ·Plaintiff,· · · · · )
·6· · · · · · · · · · · · · · · · ·)
· · · · · · vs.· · · · · · · · · · ) Case No.
·7· · · · · · · · · · · · · · · · ·) 30-2022-01251890-
· · ·BAYSIDE VILLAGE MARINA, LLC,· ) CU-EI-CXC
·8· ·a California Limited Liability)
· · ·Company; LAGUNA BEACH COUNTY· )
·9· ·WATER DISTRICT, a Public· · · )
· · ·Entity; DOES 1 through 100,· ·)
10· ·inclusive; and all persons· · )
· · ·unknown claiming an interest· )
11· ·in the property,· · · · · · · )
· · · · · · · · · · · · · · · · · ·)
12· · · · · · ·Defendants.· · · · ·)
· · ·______________________________)
13· ·AND ALL RELATED CASES.· · · · )
· · ·______________________________)
14 15· · VIDEOTAPED DEPOSITION OF PERSON MOST KNOWLEDGABLE 16· · · · · · · · · · · · DON STOKES
17 · · ·Date and time:· · · Wednesday, December 13, 2023 18· · · · · · · · · · · ·1:24 p.m.
19 · · ·Location:· · · · · ·18101 Von Karman Avenue
20· · · · · · · · · · · ·Suite 1800
· · · · · · · · · · · · ·Irvine, California
21 22· ·Reporter:· · · · · ·Tammi L. Lee, CSR
· · · · · · · · · · · · ·Certificate No. 11034
23· · · · · · · · · · · ·Job No. 10132830
24 25

·1
·2
·3· · · · SUPERIOR COURT OF THE STATE OF CALIFORNIA
·4· · ·FOR THE COUNTY OF ORANGE-CENTRAL JUSTICE CENTER
·5
·6· ·ORANGE COUNTY SANITATION,· · ·)
· · ·DISTRICT, a public entity,· · )
·7· · · · · · · · · · · · · · · · ·)
· · · · · · · ·Plaintiff,· · · · · )
·8· · · · · · · · · · · · · · · · ·)
· · · · · · vs.· · · · · · · · · · ) Case No.
·9· · · · · · · · · · · · · · · · ·) 30-2022-01251890-
· · ·BAYSIDE VILLAGE MARINA, LLC,· ) CU-EI-CXC
10· ·a California Limited Liability)
· · ·Company; LAGUNA BEACH COUNTY· )
11· ·WATER DISTRICT, a Public· · · )
· · ·Entity; DOES 1 through 100,· ·)
12· ·inclusive; and all persons· · )
· · ·unknown claiming an interest· )
13· ·in the property,· · · · · · · )
· · · · · · · · · · · · · · · · · ·)
14· · · · · · ·Defendants.· · · · ·)
· · ·______________________________)
15· ·AND ALL RELATED CASES.· · · · )
· · ·______________________________)
16 17· · · · · · ·Videotaped deposition of Person Most
18· ·Knowledgable Don Stokes, taken before Tammi L. Lee, 19· ·CSR, a certified shorthand reporter for the State of 20· ·California, CSR #11034, with principal office in the 21· ·County of Orange, commencing on Wednesday, December 22· ·13, 2023, at 1:24 p.m., at 18101 Von Karman Avenue, 23· ·Suite 1800, Irvine, California.
24 25

·1· ·APPEARANCES:
·2
· · ·For Plaintiff:
·3
· · · · · · · ·WOODRUFF & SMART, APC
·4· · · · · · ·BY: GARY C. WEISBERG, ESQ.
· · · · · · · ·555 Anton Boulevard, Suite 1200
·5· · · · · · ·Costa Mesa, California 92626-7670
· · · · · · · ·(714) 558-7000
·6· · · · · · ·[email protected]
·7· ·For Defendant Bayside Village Marina, LLC:
·8· · · · · · ·NOSSAMAN LLP
· · · · · · · ·BY:· BRADFORD B. KUHN, ESQ.
·9· · · · · · ·18101 Von Karman Avenue, Suite 1800
· · · · · · · ·Irvine, California 92612
10· · · · · · ·(949) 833-7800
· · · · · · · ·[email protected]
11 12
13 · · ·ALSO PRESENT: LEANN EMMOTT, VIDEOGRAPHER
14 15
16 17
18 19
20 21
22 23
24 25

·1· · · · · · · · · · · · · ·I N D E X
·2· ·Examination By:· · · · · · · · · · · · · · · · ·Page ·3· ·MR. KUHN· · · · · · · · · · · · · · · · · · · · · 7 ·4
·5· · · · · · · · · · · · EXHIBITS
·6· ·Exhibit· · · · · · ·Description· · · · · · · · ·Page ·7· ·Exhibit 24· DM5 Structural and Architectural· · · 14 · · · · · · · · ·Workshop document
·8· ·Exhibit 25· E-mail dated 8/10/23 w/attachment· · ·39 · · ·Exhibit 26· Letter dated 7/5/23 w/attachments· · ·52 ·9· ·Exhibit 27· Complaint in Eminent Domain· · · · · ·58 · · ·Exhibit 28· E-mail dated 12/29/21· · · · · · · · ·70 10 11
12 13· · · · · · · · ·INSTRUCTED NOT TO ANSWER
14· · · · · · · · · · · · ·(None.)
15 16
17 18
19· · · · · · · · · REQUESTED INFORMATION
20· · · · · · · · · · · · ·(None.)
21 22
23 24
25 13-185

·1· · · · · · · · · ·IRVINE, CALIFORNIA
·2· · · · ·WEDNESDAY, DECEMBER 13, 2023, 1:24 P.M.
·3
·4· · · · · · ·THE VIDEOGRAPHER:· We are now on the
·5· ·record.· Today's date is December 13th, 2023, and
·6· ·the time is 1:24 p.m. Pacific.· This is the video
·7· ·deposition of Don Stokes PMK being taken in the
·8· ·matter of "Orange County Sanitation District vs.
·9· ·Bayside Village Marina, LLC, et al." on behalf of
10· ·the defendant pending in the Superior Court of the 11· ·State of California, County of Orange, Case No.
12· ·30-2022-01251890-CU-EI-CXC.
13· · · · · · ·This video -- this deposition is taking
14· ·place at 18101 Von Karman Avenue, Suite 1800,
15· ·Irvine, California 92612.· My name is Leann Emmott 16· ·appearing for Aptus Court Reporting located at 401 17· ·West A Street, Suite 1680, San Diego, California
18· ·92101.· I am the official videographer, and this is 19· ·the only authorized video recording of the
20· ·deposition.· The audio and video recording will take 21· ·place at all times unless all counsel agree to go
22· ·off the record.
23· · · · · · ·Will counsel please identify yourselves
24· ·and state whom you represent starting with the
25· ·noticing attorney?

·1· · · · · · ·MR. KUHN:· Brad Kuhn, Nossaman, LLP, on
·2· ·behalf of the defendant Bayside Village Marina.
·3· · · · · · ·MR. WEISBERG:· Good afternoon.· I'm Gary ·4· ·Weisberg on -- with Woodruff & Smart on behalf of
·5· ·Orange County Sanitation District.
·6· · · · · · ·THE VIDEOGRAPHER:· The court reporter
·7· ·today is Tammi Lee, and she may now swear in the
·8· ·deponent.
·9
10· · · · · · · · · · · ·DON STOKES,
11· ·called as a witness, and having been first duly
12· ·sworn, was examined and testified as follows:
13 14· · · · · · ·THE REPORTER:· Will you raise your right 15· ·hand, please?
16· · · · · · ·Do you state or affirm under penalty of
17· ·perjury that the testimony you are about to give in 18· ·the cause now pending shall be the truth, the whole 19· ·truth, and nothing but the truth?
20· · · · · · ·THE WITNESS:· I do.
21· · · · · · ·THE REPORTER:· Thank you.
22· · · · · · ·MR. KUHN:· You left out Mr. Spradlin,
23· ·Gary.
24· · · · · · ·MR. WEISBERG:· Oh, Mr. Spradlin is no
25· ·longer -- he retired.

·1· · · · · · ·MR. KUHN:· So you don't even go by
·2· ·Woodruff, Spradlin & Smart?
·3· · · · · · ·MR. WEISBERG:· Well, we can have this
·4· ·discussion off the record, but, yeah, it's --
·5· ·there's a -- he thought maybe he wanted to continue ·6· ·to practice law in some capacity, and apparently
·7· ·there's a state bar rule that you can't have your
·8· ·name on --
·9· · · · · · ·MR. KUHN:· Ah.
10· · · · · · ·MR. WEISBERG:· -- a firm when you are
11· ·still practicing even in a temporary or, you know, a 12· ·part-time capacity, so...
13· · · · · · ·MR. KUHN:· Got it.· Sorry for the
14· ·distraction.
15 16· · · · · · · · · · · ·EXAMINATION
17 18· ·BY MR. KUHN:
19· · · · Q· · Good afternoon, Mr. Stokes.· Thank you for 20· ·being here.· I understand you are currently employed 21· ·by Orange County Sanitation District?
22· · · · A· · That is correct.
23· · · · Q· · And what is your job title?
24· · · · A· · Maintenance manager.
25· · · · Q· · And what are your current job duties or

·1· ·your role at OC San?
·2· · · · A· · So my responsibility is overseeing our
·3· ·wastewater collection system, which is basically the ·4· ·regional collection system for North and Central
·5· ·Orange County, which goes all the way up to,
·6· ·basically, L.A. border and down to the Crystal Cove ·7· ·area.
·8· · · · Q· · And so do you oversee the maintenance and ·9· ·operations of all of OC San's pump stations?
10· · · · A· · I do.
11· · · · Q· · Okay.· And how long have you been in that 12· ·role?
13· · · · A· · It's been four and a half years.
14· · · · Q· · And have you held other positions at OC
15· ·San?
16· · · · A· · I have.
17· · · · Q· · And what are those other positions?
18· · · · A· · Prior to that was maintenance
19· ·superintendent with the responsibility of running
20· ·the treatment plants, prior to that was maintenance 21· ·supervisor with a sub work group, and then prior to 22· ·that was as an electrician in the field.
23· · · · Q· · And do you report to anybody at OC San?
24· · · · A· · I report to the director of operations and 25· ·maintenance Reaz Moinuddin.
13-186

·1· · · · · · ·THE REPORTER:· I'm sorry.· What was the
·2· ·name?
·3· ·BY MR. KUHN:
·4· · · · Q· · Do you want to spell it if you can?
·5· · · · · · ·MR. WEISBERG:· Do you know how to spell
·6· ·it?
·7· · · · · · ·THE WITNESS:· Yes.· M-o-i-n-u-d-i-n.· I'm ·8· ·not sure if there's two Ds in there or one D.
·9· · · · · · ·MR. WEISBERG:· He's not going to ask you, 10· ·so I'm going to.· Just try to slow down your cadence 11· ·a little bit.
12· · · · · · ·THE WITNESS:· Okay.
13· · · · · · ·MR. WEISBERG:· If you talk too fast, it's 14· ·real hard for the court reporter to take down what 15· ·you say, so --
16· · · · · · ·THE WITNESS:· Will do.
17· · · · · · ·MR. WEISBERG:· -- I know it's kind of -- 18· ·we develop natural cadences in life, but if you
19· ·could just try to slow it down a little bit --
20· · · · · · ·THE WITNESS:· Yes.
21· · · · · · ·MR. WEISBERG:· -- that would be great.
22· · · · · · ·THE WITNESS:· Okay.
23· ·BY MR. KUHN:
24· · · · Q· · Yeah.· To make things easier today, it's 25· ·helpful to let me finish my question, and I'll do

·1· ·the same for you with your answer.
·2· · · · · · ·I understand you're being designated today ·3· ·by OC San as the person most knowledgeable on the
·4· ·operations and maintenance of the existing Bay
·5· ·Bridge Pump Station along with the proposed new Bay ·6· ·Bridge Pump Station; is that correct?
·7· · · · A· · That is correct.
·8· · · · Q· · Any other topics you're aware of that
·9· ·you're being designated as the person most
10· ·knowledgeable?
11· · · · A· · Not that I'm aware of.
12· · · · Q· · Do you currently oversee the operations
13· ·and maintenance of the existing Bay Bridge Pump
14· ·Station?
15· · · · A· · Indirectly, yes.· In my capacity I oversee 16· ·the staff that do.
17· · · · Q· · And who is directly responsible for the
18· ·Bay Bridge Pump Station?
19· · · · A· · There would be no direct person as it is a 20· ·departmental responsibility, and I oversee that
21· ·department.
22· · · · Q· · And what's the department that oversees
23· ·the Bay Bridge Pump Station?
24· · · · A· · It is the collection system operations and 25· ·maintenance.

·1· · · · Q· · And will the same be true with respect to ·2· ·your overall oversight and then the collections
·3· ·system operations and maintenance direct role with ·4· ·respect to the future Bay Bridge Pump Station?
·5· · · · A· · That is correct.
·6· · · · Q· · Can you describe for me generally what -- ·7· ·what your role is with respect to operations and
·8· ·maintenance of OC San's pump stations?
·9· · · · A· · So I'm designated as what's known as the 10· ·legally responsible official for our wastewater
11· ·collection system, which would be all the pump
12· ·stations.· And I have staff that report to me, and 13· ·staff are tasked with various roles and
14· ·responsibilities.· And maybe you can restate the
15· ·question.· I started to kind of go off on a tangent 16· ·in my mind there, so...
17· · · · Q· · I'm looking for your role generally as it 18· ·pertains to operations and maintenance of pump
19· ·stations, and I understand you kind of have a -- an 20· ·overall review of all of them --
21· · · · A· · Uh-huh.
22· · · · Q· · -- and then, obviously, oversight of the 23· ·staff that -- that works on them directly; is that 24· ·fair?
25· · · · A· · That is fair.

·1· · · · Q· · And when you use the term "legally
·2· ·responsibly official," what does -- what does that ·3· ·mean?
·4· · · · A· · So, basically, within the State of
·5· ·California when it comes to sewer collection system, ·6· ·somebody has to be designated a legally responsible ·7· ·official who oversees a wastewater collection
·8· ·system.
·9· · · · Q· · What is -- what is the significance of
10· ·that role or that title?
11· · · · A· · It means I have competency and I'm trained 12· ·and I know what to do in case we have any type of an 13· ·issue and also that I have the competency to operate 14· ·and maintain the systems.
15· · · · Q· · And what kind of issues could arise on a 16· ·pump station that would require a legally
17· ·responsible official?
18· · · · A· · Any type of sewer spill that would happen 19· ·anywhere in any collection system within the state 20· ·would have to have somebody in a legally responsible 21· ·official capacity to be able to certify a report
22· ·back to the State.
23· · · · Q· · Has OC San had sewer spills in the past? 24· · · · A· · Yes.
25· · · · Q· · How many?
13-187

·1· · · · A· · I couldn't tell you an exact number right ·2· ·now, but I can tell you they're extremely low.
·3· · · · Q· · Do you have an estimate of how many sewer ·4· ·spills OC San has had over the last five years?
·5· · · · A· · Maybe less than a dozen.
·6· · · · Q· · And were you the legally responsible
·7· ·official on all of those sewer spills?
·8· · · · A· · No.
·9· · · · Q· · Who would have been the legal -- legally 10· ·responsible official for those?
11· · · · A· · Depending on the time frame, it would have 12· ·been my predecessor or myself.
13· · · · Q· · And how many sewer spills have taken place 14· ·while you have been the legally responsible official 15· ·for OC San's pump stations?
16· · · · A· · Less than six.
17· · · · Q· · And you've been the legally responsible
18· ·official for OC San for the last four or so years; 19· ·is that right?
20· · · · A· · Since stepping into this role about four 21· ·and a half years ago.
22· · · · Q· · Have there been any spills or leaks at the 23· ·Bay Bridge Pump Station that you're aware of?
24· · · · A· · Not during my tenure.
25· · · · Q· · What about prior to your tenure?

·1· · · · A· · Not that I can recall.
·2· · · · Q· · Let's briefly touch base on the existing ·3· ·Bay Bridge Pump Station facility.
·4· · · · · · ·MR. KUHN:· I'll mark as Exhibit 24 a
·5· ·photograph Bates labeled OC San 060706.
·6· · · · · · ·(Exhibit 24 was marked for identification ·7· ·and is attached hereto.)
·8· ·BY MR. KUHN:
·9· · · · Q· · Does this photograph -- and I'll represent 10· ·that it was a -- an image taken from OC San's design 11· ·workshop for the Bay Bridge Pump Station Project,
12· ·and I think it's dated September 13th, 2021.
13· · · · · · ·Do you recognize the -- this photograph as 14· ·being a generally accurate depiction of what the
15· ·pump station currently looks like?
16· · · · A· · I do recognize it, and it does appear to 17· ·be accurate.
18· · · · Q· · It looks like in this photograph the pump 19· ·station is accessed directly off of Pacific Coast
20· ·Highway.· It appears to be a curb cut there; is that 21· ·correct?
22· · · · A· · That's correct.
23· · · · Q· · And is that the only access point for the 24· ·existing Bay Bridge Pump Station facility?
25· · · · A· · It is for the existing pump station, yes.

·1· · · · Q· · And so for any maintenance or operations ·2· ·that need to take place at the existing facility all ·3· ·the access for those activities comes off of PCH; is ·4· ·that fair?
·5· · · · A· · That is a fair statement.
·6· · · · Q· · So OC San does not use any of the Bayside ·7· ·Village Marina property for any operations,
·8· ·maintenance, access whatsoever; is that correct?
·9· · · · A· · To the best of my knowledge, that's
10· ·correct.
11· · · · Q· · What kind of vehicles does OC San use
12· ·currently when it's undertaking operations or
13· ·maintenance of the existing pump station facility? 14· · · · A· · Various, depending on the task, it could 15· ·be a light-duty truck like a Ford F-150, it could be 16· ·a little bit of a heavier-duty truck like a Ford
17· ·F-250 with kind of, like, mechanic toolboxes on the 18· ·back and a heavier-duty truck known as a combination 19· ·sewer cleaning vehicle, which sizewise is analogous 20· ·to a trash truck and also a mobile crane with a
21· ·15-ton capacity.
22· · · · Q· · And all the vehicles that you just listed, 23· ·they all would access the existing pump station from 24· ·the curb cut out at Coast Highway; is that correct? 25· · · · A· · That is correct.

·1· · · · Q· · How many vehicles can access or park on
·2· ·the property or on the pump station site at one
·3· ·time?
·4· · · · A· · Perhaps one to two.
·5· · · · Q· · And when vehicles enter and leave the
·6· ·station, do they -- they pull up and then back out, ·7· ·or do they back in?· How does that work?
·8· · · · A· · Depending on the vehicle, they may pull
·9· ·onto the curb and back into that little alcove area 10· ·or park parallel to the curb as close to that
11· ·boundary wall that faces PCH.· And for the larger
12· ·vehicles it requires a traffic control setup that
13· ·would take that No. 4 lane closest to the curb.
14· · · · Q· · So, essentially, you would have to get
15· ·approvals or you would close down a lane of traffic 16· ·for the larger vehicles?
17· · · · A· · It does require approvals, yes.
18· · · · Q· · And do you have any sense of how often OC 19· ·San accesses the current pump station facility?
20· · · · A· · Depending on the task, it could be daily, 21· ·multiple times a week for something as simple as
22· ·just a quick check, quarterly for some of the
23· ·heavier-duty maintenance, and even once a month for 24· ·some of the in-between tasks that come up.
25· · · · Q· · Do you have any estimate of the frequency 13-188

·1· ·of access at the station currently?
·2· · · · A· · At least daily.
·3· · · · Q· · And so the -- the combo sewer cleaning -- ·4· ·you know, the ones the size of a trash truck or the ·5· ·ones with mobile cranes, are those less frequent,
·6· ·the ones that would occur maybe monthly?
·7· · · · A· · Less frequent, likely a quarterly basis. ·8· · · · Q· · Are there ever situations where you need ·9· ·to have more than two trucks or vehicles at the site 10· ·at one time?
11· · · · A· · There are situations.· It could be a task 12· ·that is not going as planned and requires additional 13· ·support, something such as removing a pump and staff 14· ·can't get it out with equipment they have, so they 15· ·need to summons additional support, or it could be 16· ·an emergency situation in which we had equipment
17· ·failure that's beyond any plan or any control.
18· · · · Q· · And if you have more than two vehicles at 19· ·a time, where would those vehicles park to access
20· ·the existing pump station?
21· · · · A· · The existing pump station would be in
22· ·the -- the cut out there for the bus stop
23· ·temporarily, if that's a short duration.· Otherwise, 24· ·it requires taking that lane of traffic to provide 25· ·safe access for those vehicles to park.

·1· · · · Q· · You had mentioned some activities
·2· ·involving pump removal.· How often does that occur? ·3· · · · A· · At the current station, at least annually. ·4· · · · Q· · And with the proposed future station, does ·5· ·that frequency increase or decrease or stay the
·6· ·same?
·7· · · · A· · I would anticipate the same.
·8· · · · Q· · You also mentioned emergency situations. ·9· ·Can you give me examples of what you would consider 10· ·to be an emergency situation at the existing
11· ·facility?
12· · · · A· · A long-duration power outage, structural 13· ·failure of piping systems, blockage from debris
14· ·coming in from the sewer system, and potentially
15· ·component failure, all things that could happen even 16· ·with the best maintenance plans.
17· · · · Q· · Are there any other emergency situations 18· ·you could think of?
19· · · · A· · Not to the best of my knowledge.
20· · · · Q· · And how frequently does OC San have
21· ·long-duration power outages, structural failures,
22· ·blockage, or component failures at its other
23· ·existing pump stations?
24· · · · A· · Very, very rarely.· We have a planned
25· ·maintenance approach to ensure those things don't

·1· ·happen.· The things that are beyond our control are ·2· ·long-duration power outages.· They are very
·3· ·infrequent.
·4· · · · Q· · Can you give me any sort of estimate of
·5· ·how often you've had some sort of emergency
·6· ·situation over the last four years at one of your
·7· ·pump stations?
·8· · · · A· · I can use this station as an example here. ·9· ·We did have some isolation valve failures that did 10· ·not result in any loss of the water coming in, and 11· ·we did not have a sewer spill.· But this
12· ·necessitated a contract service mobilizing within 24 13· ·hours to get out and repair it.· And, again, within 14· ·my tenure of the last four and a half years, that's 15· ·the best I can recollect at this station.
16· · · · Q· · And what about the other -- are there 15 17· ·stations under your -- under your supervision?
18· · · · A· · That is correct.· We have 15 stations.
19· · · · Q· · And do you have an estimate of how often 20· ·you've had emergency situations at your other 14
21· ·stations?
22· · · · A· · Potentially once per year.
23· · · · Q· · Do you mean one emergency situation per
24· ·year per station or once per year for all 15?
25· · · · A· · Once per year for all 15.

·1· · · · Q· · Do you have a sense of how many workers or ·2· ·employees or contractors for OC San could be on the ·3· ·site at one time?
·4· · · · A· · You can have a single vehicle,
·5· ·single-staffer there on a daily basis, and for some ·6· ·of the larger tasks, like I explained, you could
·7· ·have four to six people there.
·8· · · · Q· · Are there any types of large equipment or ·9· ·parts or things that need to be brought onto the
10· ·pump station site?
11· · · · A· · Yes.· We have the large pumps that
12· ·actually convey the wastewater.· Those would be
13· ·moving around the other crane and the larger pieces 14· ·of equipment.· We also have some temporary equipment 15· ·that's brought on site to facilitate maintenance and 16· ·testing of electrical systems.
17· · · · Q· · And so when you bring in a crane, is that 18· ·something that -- that comes in on the, I guess,
19· ·mobile crane type of vehicle, the one that you
20· ·mentioned was a 15-ton capacity?
21· · · · A· · Think of, basically, a flatbed ten-wheeled 22· ·truck with a crane pivoting from the center of it. 23· · · · Q· · Do you have any estimate of the dimensions 24· ·of that truck as far as length and height?
25· · · · A· · I couldn't tell you off the top of my
13-189

·1· ·head.· I could use the analogy of maybe a standard ·2· ·ten-wheel dump truck that would hold about 15 tons ·3· ·of dirt.
·4· · · · Q· · Do you know if there are any height
·5· ·clearance requirements to use that sort of crane?
·6· · · · A· · With any crane there is always height
·7· ·requirements that the operator must know to make
·8· ·sure they steer clear of power lines and anything
·9· ·else that is a risk.· But to drive the vehicle down 10· ·the road, it has standard clearances that, again, to 11· ·use the analogy of a trash truck, would be the
12· ·clearance.
13· · · · Q· · Can you help me just understand the basics 14· ·of the equipment and the facilities at the existing 15· ·pump station that's currently there?
16· · · · A· · I can.· I guess it might help if I explain 17· ·kind of like what the intent of the station is,
18· ·right?· So in a sewer system we desire to have
19· ·gravity be our friend.· In a place where we have to 20· ·move water uphill, we have to rely on a pump
21· ·station.· So using this as the example, this pump
22· ·station has what's known as a wet well, basically a 23· ·big swimming pool, if you will, collects the water, 24· ·has piping systems that dip into it kind of like a 25· ·straw, the pumping systems suck that water up, push

·1· ·it through the piping system and discharge it at a ·2· ·higher point for gravity to take over.· And,
·3· ·obviously, we have to have some ventilation,
·4· ·electrical systems to make sure all that can happen. ·5· · · · Q· · So you have a wet well at the existing
·6· ·facility, and then you have the pressurized or
·7· ·gravity-pushed force mains that go to that wet well; ·8· ·is that right?
·9· · · · A· · So the gravity sewer system terminates at 10· ·a wet well, and then the pumping systems withdraw
11· ·from that wet well and, essentially, hydraulically 12· ·lift it up into the pipes just like a water hose,
13· ·only it's pressurized, and then at a different point 14· ·discharges that wastewater into another gravity
15· ·system to continue on down the system.
16· · · · Q· · So the gravity -- just to make sure I
17· ·understand, the gravity force mains push the water 18· ·into the wet well, the wet well then treats the -- 19· ·the sewer or water through the pumps, and then where 20· ·does water then go?
21· · · · A· · So the gravity pipeline terminates at the 22· ·well.· It's non-pressurized.· And all the pumps are 23· ·doing is sucking that water out, pushing it into a 24· ·pipeline which is then low pressure to another point 25· ·elsewhere away from the station.· So if we look at

·1· ·this picture here, there's a gravity system that
·2· ·comes into that pump station that you can't see and ·3· ·there is piping that leaves and goes to a different ·4· ·area to discharge that water at a different point. ·5· · · · Q· · And do you have any understanding of where ·6· ·the pipes are that come into the station and where ·7· ·they are that leave the station?
·8· · · · A· · Yes.
·9· · · · Q· · Can you describe those for me?
10· · · · A· · So with any sewer system, it may be of
11· ·different types of material, depending on the
12· ·construction.· In this case it's likely vitrified
13· ·clay pipe that comes in under the PCH area here and 14· ·terminates in the station.· And then the pressurized 15· ·pipes known as the force mains leave the station and 16· ·then come across the street and go into the parking 17· ·lot and discharge on the other side of the bay.
18· · · · Q· · How long has the existing pump station
19· ·been operational?
20· · · · A· · I believe it was built in the '60s.
21· · · · Q· · And do the pipelines that you mentioned
22· ·both that feed into the station and that leave the 23· ·station -- do those require maintenance or service 24· ·or replacement?
25· · · · A· · Yes, they do.

·1· · · · Q· · And how do you currently service or
·2· ·maintain those?
·3· · · · A· · On the gravity systems leading in to the ·4· ·pump station we have manhole access points out in
·5· ·the public right of way, and crews would access that ·6· ·to go in and use a high-pressure water system to
·7· ·flush it out and then move on to the next segments. ·8· ·And on the force main side the mains really consist ·9· ·of assessments which are done at pre-determined
10· ·access points.
11· · · · Q· · And where are the access points for the
12· ·existing force mains?
13· · · · A· · At the pump station itself and then across 14· ·the bay at the discharge for the force mains.
15· · · · Q· · And does anything that we've talked about 16· ·as far as the -- the maintenance or the operations 17· ·of the pump station changed between what currently 18· ·exists and what's proposed for the Bay Bridge Pump 19· ·Station?
20· · · · A· · Generally speaking, it would be the same 21· ·approach, but different vintages of equipment
22· ·require different types of tasks.· But in the grand 23· ·scheme of things, not much.
24· · · · Q· · And so what is it with the proposed new
25· ·pump station that would change?
13-190

·1· · · · A· · With the new pump station we will have
·2· ·different code requirements that dictate the way
·3· ·it's constructed.· It requires us to access things a ·4· ·little bit differently.· We'll still require having ·5· ·equipment on site closer to it being able to
·6· ·actually get in and perform some of the tasks that ·7· ·we struggle to do now.· Also, depending on the
·8· ·manufacturer of the equipment, there might be some ·9· ·different tasks that must be performed at different 10· ·intervals and may require different equipment.
11· · · · Q· · So let's -- let's go through each of those 12· ·real quickly.· You mentioned there are certain tasks 13· ·that you struggle with right now.· Can you describe 14· ·some of those?
15· · · · A· · Getting real good access into the pump
16· ·station to clean the wet well we have to use this
17· ·combination sewer cleaning vehicle.· Again, it's
18· ·analogous to a trash truck.· It has a high-pressure 19· ·water system and a vacuum system.· It needs to,
20· ·basically, kind of be right on top of the opening. 21· ·They're designed to kind of like be on top of a
22· ·manhole in the street, if you will.· The challenge 23· ·is getting that vehicle into that station now.· It 24· ·requires the traffic control setup and a little bit 25· ·of an elaborate method of extra pipes and vacuum

·1· ·hoses for staff to use.
·2· · · · Q· · And so with the new design pump station
·3· ·and the new access points that will -- that issue
·4· ·will be alleviated?
·5· · · · A· · It's a major safety issue to have traffic ·6· ·control staff running around, so to get them into
·7· ·the actual work area without having to deploy all
·8· ·that would make it a safer more efficient approach. ·9· · · · Q· · Can you remind me how often that vacuum
10· ·truck would come service the facility right now?
11· · · · A· · It's profiled to be quarterly, just like 12· ·our other locations.
13· · · · Q· · Does that service frequency of quarterly 14· ·change with the new pump station?
15· · · · A· · I don't anticipate it doing that.
16· · · · Q· · You had mentioned some activities would be 17· ·at different intervals.· Can you describe what those 18· ·activities would be for me?
19· · · · A· · Sure.· It could be something as simple as 20· ·a general walk-around inspection.· It could be a
21· ·weekly thing, equipment inspection.· It could be
22· ·monthly.· Equipment adjustment and repair could be 23· ·monthly.· Could be quarterly.· Intense testing of
24· ·electrical systems could be semiannual.· Could be
25· ·annually.· And pump replacement could be annually.

·1· · · · Q· · So those items that you just mentioned,
·2· ·does the frequency change at all between the
·3· ·existing pump station and the proposed new pump
·4· ·station?
·5· · · · A· · I don't anticipate it changing, unless
·6· ·conditions dictate change, and that would be no
·7· ·different at any of our stations.
·8· · · · Q· · Okay.· What do you mean when you say
·9· ·"conditions dictate change"?
10· · · · A· · So within our sewer systems if we see a
11· ·lot of grit and debris and stuff that we don't
12· ·normally see within a sewer system, we might have to 13· ·get out and clean things more often, inspect things 14· ·more often, but it's not anticipated that we would 15· ·see that under normal operation.
16· · · · Q· · Is there any reason why the potential
17· ·frequency would change based on the existing pump
18· ·station versus -- versus the proposed new pump
19· ·station?
20· · · · A· · It would only be as a matter of site
21· ·conditions changing, which would be, again, back to, 22· ·you know, if we saw stuff coming into the sewer
23· ·system that is not anticipated, it's more of an
24· ·anomalous thing than it is an expected thing.
25· · · · Q· · Do you have any reason to believe today

·1· ·that there would be any need for an increased
·2· ·frequency with the new station compared to the old ·3· ·station?
·4· · · · A· · I do not.
·5· · · · Q· · You mentioned that the type of equipment ·6· ·may also change between the existing facility and
·7· ·the new facility.· Can you describe what equipment ·8· ·changes you're referring to?
·9· · · · A· · To clarify, the type of equipment may
10· ·change depending on the task.· So a routine walk
11· ·through would be something like the light-duty Ford 12· ·F-150 truck.· Replacing a pump would require the
13· ·crane and similar support vehicles.· So depending on 14· ·the nature of the task would change the types of
15· ·vehicles that would be present at any given time.
16· · · · Q· · And, again, do you envision any changes in 17· ·the type of equipment or frequency of use of
18· ·equipment between the existing pump station and the 19· ·new minimum station?
20· · · · A· · I do not.
21· · · · Q· · How often did you say the -- the crane is 22· ·currently utilized?
23· · · · A· · Depends on some of the tasks that would
24· ·require it.· At this time we're seeing it about
25· ·annually to semi-annually.
13-191

·1· · · · Q· · And you don't expect that annual to
·2· ·semi-annual use of the crane to change with the new ·3· ·pump station?
·4· · · · A· · I do not, and I want to clarify.· That
·5· ·crane, it's annual usage is tied to each individual ·6· ·pump.· So if we have one pump, we would see it once ·7· ·per year.· If we have three pumps, three times per ·8· ·year.
·9· · · · Q· · And how many pumps are there at the
10· ·existing pump station facility?
11· · · · A· · Five.
12· · · · Q· · And how many pumps are proposed at the new 13· ·pump station facility?
14· · · · A· · I believe it's the same.· It could have an 15· ·additional one there.
16· · · · Q· · And so when you mentioned that the crane 17· ·is used annually to semi-annually per pump, does
18· ·that mean that you would expect the crane to be used 19· ·approximately five times per year or potentially ten 20· ·times per year per facility?
21· · · · A· · That would be a correct statement.
22· · · · Q· · Is it the same with the vacuum truck, or 23· ·is that just a quarterly use?
24· · · · A· · That's less because that's only for
25· ·cleaning the wet well system, which would be

·1· ·quarterly.
·2· · · · Q· · Do you know how tall the existing pump
·3· ·station facility is?
·4· · · · A· · I could take a guess, but I don't recall ·5· ·off the top of my head.
·6· · · · Q· · Roughly one-story building, though?
·7· · · · A· · One story, maybe a story and a half.
·8· · · · Q· · And is there currently a roof structure on ·9· ·top of the -- the equipment and facilities at the
10· ·existing pump station?
11· · · · A· · Help me understand what you mean by roof 12· ·structure.
13· · · · Q· · A cover on top of the actual buildings.
14· · · · A· · There is, and you can see it here in this 15· ·picture.· There's a parapet that goes around a flat 16· ·roof type of structure.
17· · · · Q· · So is the current facility an open-air
18· ·facility where the equipment is actually exposed to 19· ·the open air?
20· · · · A· · It's ventilated with atmospheric air.
21· · · · Q· · Do you know if that changes with the
22· ·proposed new pump station?
23· · · · A· · From my understanding, it does.
24· · · · Q· · How does it change?
25· · · · A· · It conditions the air before bringing it

·1· ·to the control room and the electrical rooms as a
·2· ·matter of best practice to mitigate any issues with ·3· ·the salt air being so close to the coast.
·4· · · · Q· · When you say "it conditions the air," what ·5· ·does that involve?
·6· · · · A· · Heating and cooling.
·7· · · · Q· · So the existing facility does not have any ·8· ·sort of temperature regulation of the air?
·9· · · · A· · That's correct.
10· · · · Q· · And the new facility will have a
11· ·temperature regulation of the air that comes into
12· ·the facility?
13· · · · A· · That's correct.
14· · · · Q· · Does that involve an air conditioner? A 15· ·heater?· A generator?· What's involved in that?
16· · · · A· · A traditional commercial heating,
17· ·ventilated, and air conditioning unit, as they are 18· ·termed HVAC, and I believe roof-mounted.
19· · · · Q· · Do you know how tall the proposed new pump 20· ·station is going to be?
21· · · · A· · I believe about the same.
22· · · · Q· · But the new pump station will have an HVAC 23· ·unit mounted on the roof of the structure; is that 24· ·correct?
25· · · · A· · From what I can recall, I believe that to

·1· ·be correct.
·2· · · · Q· · Do you have any sense of the noise that
·3· ·the HVAC unit would generate for the type of use
·4· ·that we're talking about?
·5· · · · A· · I don't think it would be any louder than ·6· ·the current equipment there because this current
·7· ·station has a ventilation fan that makes about the ·8· ·same amount of noise.
·9· · · · Q· · Can you generally describe for me how
10· ·often parts or equipment are replaced or repaired at 11· ·the existing pump station?
12· · · · A· · Depending on what the part or component
13· ·would be.· It could be changing a light bulb once a 14· ·month.· It could be replacing a sensor quarterly.
15· ·When I say a sensor, a small component maybe the
16· ·size of my water bottle here.· Replacing a pump
17· ·annually, replacing air filters monthly for the HVAC 18· ·system.
19· · · · Q· · And do you anticipate the frequency of
20· ·replacements or repairs changing at all with the new 21· ·pump station?
22· · · · A· · I do not.
23· · · · Q· · Has OC San ever done any noise readings or 24· ·monitoring at the existing station?
25· · · · A· · The only noise readings that I'm aware of 13-192

·1· ·Think of milk of magnesia when you have an upset
·2· ·stomach.· It's essentially the same thing in a
·3· ·little bit stronger concentration.· And calcium
·4· ·nitrate, which is a clear liquid, again,
·5· ·nonhazardous.
·6· · · · Q· · And how frequently are those chemicals
·7· ·brought to and from the existing pump station?
·8· · · · A· · Depending on the dosage rates into the
·9· ·system, it could be monthly.· It could be less than 10· ·that.
11· · · · Q· · Do you have any estimate for the existing 12· ·pump station of how often chemicals are brought on? 13· · · · A· · It's on track to be about monthly.
14· · · · Q· · Does the frequency of bringing chemicals 15· ·on and off to the pump station change with the new 16· ·pump station?
17· · · · A· · I do not anticipate any change at all.
18· · · · Q· · Will the chemicals be brought to the new 19· ·pump station through the Bayside Village Marina
20· ·property?
21· · · · A· · I believe they will be brought onto the
22· ·new pump station via Pacific Coast Highway, emptied 23· ·into the on-site tanks, and then an empty truck will 24· ·traverse through the property through the
25· ·pre-determined exit route.

·1· · · · Q· · So once the new pump station is
·2· ·constructed, it will still be accessed via PCH for ·3· ·purposes of delivering chemicals?
·4· · · · A· · I would imagine so.· Based on the size of ·5· ·that vehicle and what I've seen in the proposed
·6· ·layout, that is one path.
·7· · · · Q· · But you don't know for sure?
·8· · · · A· · I don't know for sure.
·9· · · · Q· · So there's a possibility that OC San could 10· ·be bringing chemicals across the Bayside Village
11· ·Marina property for the new pump station?
12· · · · A· · I would not anticipate it, but I don't
13· ·know for certain at this point, no.
14· · · · Q· · Who would know that?
15· · · · A· · Somebody on my team would be able to work 16· ·with the project team.
17· · · · Q· · Do you have anyone in particular?
18· · · · A· · That reports to me?
19· · · · Q· · That would have an understanding of
20· ·whether chemicals will be brought on Bayside Village 21· ·Marina's property.
22· · · · A· · I would have to go back to the project
23· ·team.
24· · · · Q· · Is there someone in particular that you
25· ·would -- you would reach out to or ask?

·1· · · · A· · Probably one of the folks that you've
·2· ·already deposed, either Andrew Brown or Cindy Murra. ·3· · · · Q· · And do you have a sense of the volume of ·4· ·the chemicals that are brought to the existing pump ·5· ·station?
·6· · · · A· · If I recall correctly, it's about 6,000
·7· ·gallons, and that is 3,000 gallons of each chemical ·8· ·on a monthly basis.
·9· · · · Q· · And would that volume change at all with 10· ·the proposed new pump station?
11· · · · A· · I do not anticipate that changing at all. 12· · · · Q· · So the increased size of it with the new 13· ·equipment doesn't require additional chemical usage? 14· · · · A· · It does not because it's all determined by 15· ·the flow rates in the sewer system.
16· · · · · · ·MR. KUHN:· I'm mark as Exhibit 25 a
17· ·document Bates labeled OC San 096970 and 096971.· It 18· ·appears to be an e-mail dated August 10th, 2023.· It 19· ·appears to attach monthly collection odor
20· ·performance report for July of 2023.
21· · · · · · ·(Exhibit 25 was marked for identification 22· ·and is attached hereto.)
23· ·BY MR. KUHN:
24· · · · Q· · Have you seen monthly reports like this? 25· · · · A· · Yes, I have.

·1· · · · Q· · Any reason to believe that this monthly
·2· ·report for the Bay Bridge Pump Station is
·3· ·inaccurate?
·4· · · · A· · No.· It looks to be accurate to me.
·5· · · · Q· · And so if I understand this correctly, the ·6· ·total monthly usage on a per-gallon basis for
·7· ·magnesium hydroxide at Bay Bridge Pump Station is
·8· ·about 9200 gallons?
·9· · · · A· · From what I see on this report, that looks 10· ·to be correct.
11· · · · Q· · And the calcium nitrate is about 4500
12· ·gallons, at least in July 2023?
13· · · · A· · From what I see here, yes.
14· · · · Q· · And if I go down further, there's a
15· ·monthly sampling and monitoring data chart for --
16· ·for Bayside Drive.· Can you explain to me what the 17· ·vapor peak and mean numbers refer to?
18· · · · A· · So the numbers that are listed under the 19· ·peak column are what I spoke about earlier,
20· ·concentrations of hydrogen sulfide gas.· So this is 21· ·the rotten-egg-smelling gas.· And peak would be what 22· ·was measured in a 30-day period as one of the
23· ·highest levels.· And mean being in that middle
24· ·threshold of that -- what that vapor reading was.
25· · · · Q· · And so if it had a high peak number, like, 13-193

·1· ·facilities, and also temporary and permanent access ·2· ·areas?
·3· · · · A· · From what I can recall when reviewing the ·4· ·design, yes, this looks to be accurate.
·5· · · · Q· · And is it correct, then, that for future ·6· ·access purposes associated with the new pump
·7· ·station, OC San will primarily be coming in off
·8· ·Bayside Drive driving through the Bayside Village
·9· ·Marina property in order to get access to the new
10· ·pump station?
11· · · · · · ·MR. WEISBERG:· Objection; lacks
12· ·foundation, calls for speculation, assumes facts.
13· · · · · · ·You can answer.
14· · · · · · ·THE WITNESS:· I would anticipate most of 15· ·the entrance would come off of Coast Highway, and
16· ·the egress would be through the pre-determined path 17· ·to get to Bayside Drive.
18· ·BY MR. KUHN:
19· · · · Q· · And what's that understanding based on?
20· · · · A· · Just standard traffic flow, turning
21· ·radiuses of vehicles, access off of Bayside Drive. 22· · · · Q· · So why is there a need to have two points 23· ·of ingress and egress to the future pump station?
24· · · · · · ·MR. WEISBERG:· Objection; that's
25· ·irrelevant to the extent that public use and

·1· ·necessity is not an issue in the case.
·2· · · · · · ·You can answer.
·3· · · · · · ·THE WITNESS:· Because there may be times ·4· ·where equipment is staged near the access point off ·5· ·of Coast Highway, and they would need to access the ·6· ·station through the Bayside Drive entrance.
·7· ·BY MR. KUHN:
·8· · · · Q· · So for purposes of your overseeing the
·9· ·future maintenance of this facility, you're not
10· ·envisioning OC San using as its regular point of
11· ·ingress the access point off Bayside Drive?
12· · · · A· · No.· I would say it would be a regular
13· ·point of access.· It would just have a lower
14· ·frequency of access than the Coast Highway side.
15· · · · · · ·MR. WEISBERG:· His question asked about
16· ·ingress.· You answered him about access.
17· · · · · · ·THE WITNESS:· So meaning they would --
18· ·they would access the pump station from both routes. 19· ·Ingress into the pump station I would say is still 20· ·coming through Bayside Drive but at a less overall 21· ·frequency than ingress to the station from Coast
22· ·Highway.
23· ·BY MR. KUHN:
24· · · · Q· · And I know you're not particularly being 25· ·designated on construction, but do you have an

·1· ·understanding, is this the same route that OC San
·2· ·intends to use during construction of the new pump ·3· ·station?
·4· · · · A· · I'm not real familiar with that.
·5· · · · Q· · Okay.· Would OC San need to use the
·6· ·entrance off Bayside Drive and drive through the
·7· ·Bayside Village Marina property for its passenger
·8· ·vehicles and service trucks?
·9· · · · A· · Depending on traffic conditions on Coast 10· ·Highway, that may very well dictate that.
11· · · · Q· · And would OC San potentially need to use 12· ·the Bayside Drive entrance and driving through
13· ·Bayside Village Marina's property for its tanker
14· ·trucks?
15· · · · A· · I would anticipate not.· I would
16· ·anticipate that the access would come through the
17· ·Coast Highway as far as an ingress into the station. 18· · · · Q· · But you would envision OC San using
19· ·that -- that access drive aisle through Bayside
20· ·Village Marina's property for egress for tanker
21· ·trucks?
22· · · · A· · That could be a potential route, yes.
23· · · · Q· · And what about vacuum trucks?· Would
24· ·vacuum trucks use the -- the Bayside Drive access
25· ·point and drive in and out of Bayside Village

·1· ·Marina's property through that access road?
·2· · · · A· · Yes, I would anticipate them using both
·3· ·points of entry into the pump station, depending on ·4· ·the area within the pump station they need to place ·5· ·that piece of equipment.
·6· · · · Q· · And what about the Vactor trucks?· Is
·7· ·that --
·8· · · · A· · That's a combination vacuum sewer-cleaning ·9· ·thing.· Vactor is a name brand.
10· · · · Q· · Okay.· So the vacuum trucks would be using 11· ·the Bayside Drive entrance and driving through
12· ·Bayside Village Marina's property both ingress and 13· ·egress?
14· · · · A· · I would say that's a correct statement.
15· · · · Q· · And what about the bucket trucks?· Would 16· ·the bucket trucks be using the Bayside Drive access 17· ·point driving through Bayside's property for ingress 18· ·and egress?
19· · · · A· · I'm not sure what we're referring to for a 20· ·bucket truck.
21· · · · Q· · Or the -- the cranes.
22· · · · A· · Okay.· The crane would use both points of 23· ·entry as well, depending on where they have to stage 24· ·that crane to maneuver equipment.
25· · · · Q· · Is there a chance that OC San would be
13-194

·1· ·staging the cranes within the access easement area ·2· ·when it's undertaking maintenance activities?
·3· · · · · · ·MR. WEISBERG:· Objection; incomplete
·4· ·hypothetical, calls for speculation, lacks
·5· ·foundation.
·6· · · · · · ·You can answer.
·7· · · · · · ·THE WITNESS:· I do not anticipate that
·8· ·happening.
·9· ·BY MR. KUHN:
10· · · · Q· · So if -- if OC San is using the cranes,
11· ·crane trucks, for maintenance at the facility, those 12· ·trucks would be stationed within the pump station
13· ·site itself?
14· · · · · · ·MR. WEISBERG:· Same objections.
15· · · · · · ·You can answer.
16· · · · · · ·THE WITNESS:· I would anticipate that to 17· ·be a true statement, all within the pump station
18· ·confines.
19· ·BY MR. KUHN:
20· · · · Q· · Are there any trucks or any vehicles that 21· ·you would envision using the access road for parking 22· ·or staging?
23· · · · A· · I do not anticipate that happening at all. 24· · · · · · ·MR. KUHN:· Gary, do you know if Patrick
25· ·marked the complaint in eminent domain as an

·1· ·exhibit?
·2· · · · · · ·MR. WEISBERG:· I don't believe he did.
·3· · · · · · ·MR. KUHN:· Okay.· Let's do that as 27.
·4· · · · · · ·(Exhibit 27 was marked for identification ·5· ·and is attached hereto.)
·6· · · · · · ·(Interruption in proceedings by the
·7· ·reporter.)
·8· · · · · · ·MR. WEISBERG:· Do you need me to talk
·9· ·louder?
10· · · · · · ·THE REPORTER:· Nope.
11· · · · · · ·MR. KUHN:· Just me.
12· · · · · · ·THE REPORTER:· And the witness.
13· ·BY MR. KUHN:
14· · · · Q· · Have you seen this complaint in eminent
15· ·domain?
16· · · · A· · Yes, I have.
17· · · · Q· · Are you familiar with the permanent road 18· ·easement that's attached as Exhibit B to the
19· ·complaint?
20· · · · A· · As much as I would understand based on the 21· ·Exhibit -- previous Exhibit 26 we were looking at as 22· ·far as a pathway through the property, that's kind 23· ·of how I understand it to be.
24· · · · Q· · And do you have any familiarity or did you 25· ·have any input as to the terms of the access

·1· ·easement?
·2· · · · A· · Could you clarify what terms you're
·3· ·referring to?
·4· · · · Q· · So if you turn to Exhibit B to the
·5· ·complaint, in addition to the --
·6· · · · A· · It's right here.
·7· · · · Q· · -- legal description and the plat map that ·8· ·describes the location and the location of the
·9· ·access easement --
10· · · · A· · Uh-huh.
11· · · · Q· · -- in front of that is a set of what I
12· ·call easement terms --
13· · · · A· · Okay.
14· · · · Q· · -- the language that governs the use of
15· ·that access easement.· Did you have -- have you seen 16· ·that before?
17· · · · A· · Yes, I have seen it because a copy was
18· ·provided to me by Mr. Gary Weisberg.
19· · · · Q· · Did you ever have any inputs into the
20· ·terms or conditions of OC San's access easement?
21· · · · A· · I was consulted generally as to what type 22· ·of access frequency our vehicles would need to
23· ·operate and maintain the pump station during the
24· ·process of designing the project very early on in
25· ·the phase.· From what I can remember, that was quite

·1· ·a while ago.
·2· · · · Q· · Do you understand that the access easement ·3· ·can be utilized by OC San, its employees, agents,
·4· ·representatives, contractors?
·5· · · · A· · My understanding, yes, it is that which I ·6· ·would entail to be business purposes.
·7· · · · Q· · And you understand the access easement is ·8· ·for ingress and egress purposes?
·9· · · · A· · Yes, I do.
10· · · · Q· · Is it your understanding that the easement 11· ·prevents the property owner Bayside Village Marina 12· ·from making any use of that area that would impede 13· ·OC San's ability to access its pump station with all 14· ·the types of trucks and vehicles we just discussed? 15· · · · · · ·MR. WEISBERG:· Objection; the document
16· ·speaks for itself.
17· · · · · · ·You can answer.
18· · · · · · ·THE WITNESS:· I would say I understand
19· ·that just based on the terminology of an easement. 20· ·BY MR. KUHN:
21· · · · Q· · So, for example, Bayside can't construct 22· ·improvements or buildings or aboveground structures 23· ·within that access easement; is that fair?
24· · · · A· · I would say that's fair because that would 25· ·prevent the access.
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·1· ·or the depth of material or anything like that with ·2· ·respect to access roads?
·3· · · · A· · I would imagine we would call upon some
·4· ·type of standard that's used to construct public
·5· ·rights of way and typical roads designed for the
·6· ·equipment that it needs to support.
·7· · · · Q· · I don't want you to speculate, though.
·8· ·Is -- do you -- are you aware of any standards that ·9· ·OC San requires?
10· · · · A· · For access roads I do not recall if there 11· ·are anything cited.
12· · · · Q· · Has OC San ever received any claims or
13· ·requests for restoration or repair of access roads 14· ·that it utilizes?
15· · · · A· · Not that I can recall.
16· · · · Q· · Do you have any understanding of why there 17· ·appears to be a setback or a gap between the access 18· ·road on Bayside Village Marina's property in the
19· ·pump station?
20· · · · A· · I do not know of one.
21· · · · Q· · Are there particular turning radius
22· ·requirements that Bayside Village Marina is going to 23· ·be required to maintain for purposes of ensuring OC 24· ·San's access?
25· · · · A· · From my understanding, the turning

·1· ·radiuses of the equipment we use is what was used to ·2· ·determine the access needs of this path.
·3· · · · Q· · Do you know, is there some sort of program ·4· ·that was utilized to determine the turning radiuses ·5· ·that would be required?
·6· · · · A· · Actual measurements of the vehicles
·7· ·themselves.
·8· · · · Q· · And what are the size of the vehicles that ·9· ·were utilized for determining turning radius
10· ·requirements?
11· · · · A· · The largest vehicle that we would need to 12· ·access that, and, again, that would be that -- that 13· ·combination sewer cleaning vehicle or the Vactor,
14· ·the vacuum truck.
15· · · · Q· · And you said that was a ten-wheeler?
16· · · · A· · It's ten wheels, and it has what's called 17· ·a tandem axle that drops down, but for analogous
18· ·purposes a trash truck is probably the best.
19· · · · Q· · Do you know if there are any sight line or 20· ·visibility requirements that OC San is going to be 21· ·required to maintain for purposes of OC San to
22· ·secure access to its pump station?
23· · · · A· · Could you elaborate a little bit more?
24· ·Are you -- are we referring to -- back to the access 25· ·road?

·1· · · · Q· · Correct.
·2· · · · A· · I would say it would just be what is
·3· ·required for the driver to be able to safely
·4· ·traverse that path and make sure that there are no ·5· ·pedestrians or anybody else that could be in an area ·6· ·and be harmed.
·7· · · · Q· · So, for example, do you have any
·8· ·understanding of whether or not Bayside Village
·9· ·Marina could put way-finding signs or trees or other 10· ·large landscaping within immediately adjacent to the 11· ·access road?
12· · · · A· · My understanding would be if it did not
13· ·cause a safety issue, that that would not be
14· ·something that would be of concern.
15· · · · Q· · Are there certain standards that would be 16· ·utilized to determine whether or not there's a
17· ·safety issue for sight line visibility?
18· · · · A· · Not that I'm aware of.
19· · · · · · ·MR. WEISBERG:· Brad, when you get a
20· ·chance, can we take a break?
21· · · · · · ·MR. KUHN:· Sure.· Let's -- let's take a
22· ·break.· Go off the record.
23· · · · · · ·THE VIDEOGRAPHER:· The time is 2:51 p.m. 24· ·We are off the record.
25· · · · · · ·(Recess taken.)

·1· · · · · · ·THE VIDEOGRAPHER:· We are on the record. ·2· ·This is media two.· The time is 2:54 p.m.· Go ahead. ·3· ·BY MR. KUHN:
·4· · · · Q· · Do you know if OC San has any setback
·5· ·requirements for purposes of maintaining its access ·6· ·routes to the pump station?
·7· · · · A· · My understanding is the easement route is ·8· ·the entirety of the setback.
·9· · · · Q· · So, in other words, the property owner
10· ·could build the building up to the access road
11· ·limit?
12· · · · A· · As long as we have those property lines
13· ·defined maintained, that would be my understanding. 14· · · · Q· · And would your larger trucks, your -- your 15· ·Vactor, would they have mirrors or anything that
16· ·would hit a building if it was built up right up to 17· ·the edge of the -- of the access easement line?
18· · · · A· · Part of determining the width is assuming 19· ·that those are the lines, the exact lines that we
20· ·have to stay within.
21· · · · Q· · And once the pump station is operational, 22· ·is it your understanding that OC San can only use
23· ·the access easement 15 vehicle trips per week,
24· ·except in the cases of emergency?
25· · · · A· · That is my understanding.
13-196

·1· · · · Q· · Is a vehicle trip in and out, or is a
·2· ·vehicle trip just in or just out?
·3· · · · A· · For the purposes of a vehicle trip, I
·4· ·would assume in and out.
·5· · · · Q· · So, in other words, OC San can use the
·6· ·access route 15 times in and 15 times out per week; ·7· ·is that fair?
·8· · · · A· · That's fair.
·9· · · · Q· · And if multiple vehicles are needed for a 10· ·single service, each one of those vehicles would
11· ·count as a vehicle trip?
12· · · · A· · I would say yes.
13· · · · Q· · How is the 15 vehicle trips determined?
14· · · · A· · Frequency of access to the station
15· ·currently in operation based on the tasks that are 16· ·performed by staff and routine operations.
17· · · · Q· · And it has this qualifier language that it 18· ·can go over 15 in cases of emergency, and I think we 19· ·covered a number of emergency situations earlier
20· ·today.· Is it fair, to your understanding, OC San
21· ·can use the access road more frequently in cases of 22· ·an emergency?
23· · · · A· · That would be a fair statement.
24· · · · Q· · And in cases of emergency there are no
25· ·limitations on the number of vehicle trips OC San

·1· ·can utilize the access easement, right?
·2· · · · A· · In case of an emergency, that would be
·3· ·correct.
·4· · · · · · ·MR. KUHN:· Let's mark as Exhibit 28 a
·5· ·document Bates labeled OC San 050671 through 050673. ·6· ·It's an e-mail chain starting at the top December
·7· ·29, 2021, between Valerie Ratto and Raul Cuellar,
·8· ·C-u-e-l-l-a-r.
·9· · · · · · ·(Exhibit 28 was marked for identification 10· ·and is attached hereto.)
11· ·BY MR. KUHN:
12· · · · Q· · Mr. Stokes, it appears you were in this
13· ·e-mail chain earlier as well.
14· · · · · · ·Have you seen this e-mail?
15· · · · A· · From what I can recall, yes, I do remember 16· ·interacting with this team.
17· · · · Q· · Who is -- who is Valerie Ratto?
18· · · · A· · She is an engineering supervisor within
19· ·our design team, construction design team.
20· · · · Q· · And who is Raul Cuellar?
21· · · · A· · He would be my counterpart at the
22· ·management level within that same team.
23· · · · Q· · And this e-mail appears to refer to the
24· ·number of vehicle trips per week for -- for service 25· ·of the proposed new pump station; is that fair?

·1· · · · A· · That's fair.· This is a representative
·2· ·example.
·3· · · · Q· · Any reason to disagree with the numbers
·4· ·identified on this e-mail for the number of vehicle ·5· ·trips per week?
·6· · · · A· · Yes, because this is a representative
·7· ·example, and there are times where we would exceed ·8· ·this for corrective maintenance intervals.· So
·9· ·that's why we went with the worst-case scenario of 10· ·15 trips.· In other words, if everything was great 11· ·in a planned world, this would be the bare minimum. 12· · · · Q· · So the -- the bare minimum that you would 13· ·envision for maintenance purposes would be one
14· ·vacuum truck and two service trucks per week, one
15· ·tanker and one service truck per week for chemical 16· ·delivery and wet well vacuum service?
17· · · · A· · When we average them out, yes.· So these 18· ·are representatives examples pulled from on page 2, 19· ·which is a screen shot of the typical maintenance
20· ·tasks associated with the current pump station.
21· · · · Q· · So there would be certain weeks where you 22· ·have more than one vacuum truck per week or more
23· ·than one tanker per week, and then you'll have some 24· ·weeks where you won't have any; is that correct?
25· · · · A· · That would be a correct statement.

·1· · · · Q· · And how long did some of these activities ·2· ·identified in here typically take?· How long would ·3· ·OC San be on the pump station property for chemical ·4· ·delivery?
·5· · · · A· · Could be two to four hours typically.
·6· · · · Q· · What about for the wet well vacuum?
·7· · · · A· · With any of these given tasks, it could be ·8· ·anywhere from a half a day to a full day, and a day ·9· ·would be about eight hours.
10· · · · Q· · So for chemical delivery, wet well vacuum, 11· ·force main flush, daily pump station check, those
12· ·could be anywhere from four to eight hours,
13· ·generally?
14· · · · A· · Correct.
15· · · · Q· · And looking at that chart on page 2, it
16· ·says "daily pump station run."· Is that suggesting 17· ·that OC San would be driving through the Bayside
18· ·Village Marina property every day?
19· · · · A· · That would be a correct assumption.
20· · · · Q· · If I'm doing math correctly, if we have 15 21· ·trips per week times 52 weeks of the year, are we
22· ·talking about nearly 800 trips per year that OC San 23· ·would be using the Bayside Village Marina property 24· ·for access?
25· · · · A· · If we get to the -- the upper limit there, 13-197

·1· ·that's probably pretty close without breaking out
·2· ·the calculator.
·3· · · · Q· · Are the trucks and -- and tankers and
·4· ·vacuum trucks, are those diesel operational?
·5· · · · A· · My understanding is the tanker trucks are ·6· ·diesel.· The vacuum trucks may be diesel, may be
·7· ·compressed natural gas, depending on the unit used. ·8· ·The remainder of the vehicles would be gasoline.
·9· · · · Q· · Do you have any sense of the noise
10· ·activity or noise level from the maintenance
11· ·activities from the vacuum trucks, from the tanker 12· ·trucks, from the wet well vacuum or force mains
13· ·flushed, anything like that?
14· · · · A· · The vacuum truck would exhibit a similar 15· ·noise level as a trash truck when it's in operation. 16· ·The tanker truck I would say would be no different 17· ·than it sounds like for that vehicle driving down
18· ·the road at ten miles per hour.
19· · · · Q· · And I'm not familiar with the noise of a 20· ·tanker truck.· Is it similar to a trash truck?
21· · · · A· · Think about, I guess, a truck idling at a 22· ·red light.· There's no excessive noise coming off it 23· ·unless there's something wrong with it.
24· · · · Q· · Is the force main flushing particularly
25· ·noisy?

·1· · · · A· · No.
·2· · · · Q· · Is the wet well vacuuming particularly
·3· ·noisy?
·4· · · · A· · That would be probably one of the noisier ·5· ·operations, which would sound like that trash truck ·6· ·emptying the garbage.
·7· · · · Q· · And that could happen roughly once a week? ·8· · · · A· · In the current location, yes.· In the new ·9· ·design it's not anticipated to be any more frequent. 10· ·In fact, it's anticipated to be less frequent.
11· · · · Q· · But for purposes of -- of your
12· ·estimations, we've -- we've estimated one wet well 13· ·vacuum per week; is that fair?
14· · · · A· · That is -- that is fair.
15· · · · Q· · Have you ever had any situations where any 16· ·chemicals spilled from any of your -- your trucks
17· ·doing chemical delivery?
18· · · · A· · Not that I can recall.
19· · · · Q· · Have you had other situations where waste 20· ·has -- has leaked either from the facilities
21· ·themselves or from trucks or anything like that?
22· · · · A· · We have had situations at other pump
23· ·stations where we've had a catastrophic failure and 24· ·we've had the sewage leak out.
25· · · · Q· · How often does that happen?

·1· · · · A· · It's happened once during my tenure.
·2· · · · Q· · And what facility was that?
·3· · · · A· · That was at our Main Street Pump Station ·4· ·in Irvine.
·5· · · · Q· · And what was the ramification of that?
·6· ·What happened?
·7· · · · A· · So we had a pipe corrode and basically
·8· ·leak, and sewage left the property and flowed down ·9· ·the gutter and was eventually stopped and recovered 10· ·to the best of our ability from the local stormdrain 11· ·system.
12· · · · · · ·THE REPORTER:· The local storm.
13· · · · · · ·THE WITNESS:· Stormdrain system.
14· · · · · · ·THE REPORTER:· Thank you.
15· ·BY MR. KUHN:
16· · · · Q· · Are there any other future plans for
17· ·expansion of the pump station that you're aware of? 18· · · · A· · Not that I'm aware of.
19· · · · · · ·MR. KUHN:· Let's go off the record.
20· · · · · · ·THE VIDEOGRAPHER:· The time is 3:07 p.m. 21· ·We are off the record.
22 23· · · · · · ·(Deposition concluded at 3:07 p.m.
24· ·Declaration under penalty of perjury on the
25· ·following page hereof.)

·1· ·STATE OF CALIFORNIA )
· · · · · · · · · · · · ·)
·2· ·COUNTY OF ORANGE· · )· SS:
·3
·4· · · · · · ·I, Tammi L. Lee, do hereby certify:
·5· · · · · · ·That I am a duly qualified Certified
·6· ·Shorthand Reporter, in and for the State of
·7· ·California, holder of certificate number 11034,
·8· ·which is in full force and effect and that I am
·9· ·authorized to administer oaths and affirmations;
10· · · · · · ·That the foregoing deposition of the
11· ·herein named witness was taken before me at the time 12· ·and place herein set forth;
13· · · · · · ·That prior to being examined, the witness 14· ·named in the foregoing deposition was duly sworn or 15· ·affirmed by me to testify the truth, the whole
16· ·truth, and nothing but the truth;
17· · · · · · ·That the testimony of the witness and all 18· ·objections made at the time of the examination were 19· ·recorded stenographically by me and were thereafter 20· ·transcribed under my direction and supervision;
21· · · · · · ·That the foregoing pages contain a full, 22· ·true, and accurate record of the proceedings and the 23· ·testimony to the best of my skill and ability;
24 25
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·1· · · · · · ·I further certify that I am not a relative ·2· ·or employee or attorney or counsel of any of the
·3· ·parties, nor am I a relative or employee of such
·4· ·attorney or counsel, nor am I financially interested ·5· ·in the outcome of this action.
·6
·7· · · · · · ·IN WITNESS WHEREOF, I have subscribed my ·8· ·name this 21st day of December,
·9· ·2023.
10 11
· · · · · · · · · · · · ·_____________________________
12· · · · · · · · · · · ·TAMMI L. LEE, CSR NO. 11034
13 14
15 16
17 18
19 20
21 22
23 24
25

·1· · · · · · ·DECLARATION UNDER PENALTY OF PERJURY
·2· ·Case Name: Orange County Sanitation District vs.
· · · · · · · · Bayside Village Marina
·3· ·Date of Deposition: 12/13/2023
·4· ·Job No.: 10132830
·5
·6· · · · · · · · ·I, DON STOKES, hereby certify
·7· ·under penalty of perjury under the laws of the State of ·8· ·________________ that the foregoing is true and correct. ·9· · · · · · · · ·Executed this ______ day of
10· ·__________________, 2023, at ____________________. 11 12
13· · · · · · · · · · · · ·_________________________________ 14· · · · · · · · · · · · · · · ·DON STOKES
15 16· ·NOTARIZATION (If Required)
17· ·State of ________________
18· ·County of _______________
19· ·Subscribed and sworn to (or affirmed) before me on 20· ·this _____ day of ____________, 20__,
21· ·by________________________,· · proved to me on the 22· ·basis of satisfactory evidence to be the person
23· ·who appeared before me.
24· ·Signature: ______________________________ (Seal)
25

·1· ·DEPOSITION ERRATA SHEET
·2· ·Case Name: Orange County Sanitation District vs.
· · · · · · · · Bayside Village Marina
· · ·Name of Witness: Don Stokes
·3· ·Date of Deposition: 12/13/2023
· · ·Job No.: 10132830
·4· ·Reason Codes:· 1. To clarify the record.
· · · · · · · · · · 2. To conform to the facts.
·5· · · · · · · · · 3. To correct transcription errors. ·6· ·Page _____ Line ______ Reason ______
·7· ·From _______________________ to ________________________ ·8· ·Page _____ Line ______ Reason ______
·9· ·From _______________________ to ________________________ 10· ·Page _____ Line ______ Reason ______
11· ·From _______________________ to ________________________ 12· ·Page _____ Line ______ Reason ______
13· ·From _______________________ to ________________________ 14· ·Page _____ Line ______ Reason ______
15· ·From _______________________ to ________________________ 16· ·Page _____ Line ______ Reason ______
17· ·From _______________________ to ________________________ 18· ·Page _____ Line ______ Reason ______
19· ·From _______________________ to ________________________ 20· ·Page _____ Line ______ Reason ______
21· ·From _______________________ to ________________________ 22· ·Page _____ Line ______ Reason ______
23· ·From _______________________ to ________________________ 24· ·Page _____ Line ______ Reason ______
25· ·From _______________________ to ________________________

·1· ·DEPOSITION ERRATA SHEET
·2· ·Page _____ Line ______ Reason ______
·3· ·From _______________________ to ________________________ ·4· ·Page _____ Line ______ Reason ______
·5· ·From _______________________ to ________________________ ·6· ·Page _____ Line ______ Reason ______
·7· ·From _______________________ to ________________________ ·8· ·Page _____ Line ______ Reason ______
·9· ·From _______________________ to ________________________ 10· ·Page _____ Line ______ Reason ______
11· ·From _______________________ to ________________________ 12· ·Page _____ Line ______ Reason ______
13· ·From _______________________ to ________________________ 14· ·Page _____ Line ______ Reason ______
15· ·From _______________________ to ________________________ 16· ·Page _____ Line ______ Reason ______
17· ·From _______________________ to ________________________ 18· ·Page _____ Line ______ Reason ______
19· ·From _______________________ to ________________________ 20· ·Page _____ Line ______ Reason ______
21· ·From _______________________ to ________________________ 22· ·_______ Subject to the above changes, I certify that the · · · · · · ·transcript is true and correct
23· ·_______ No changes have been made. I certify that the · · · · · · ·transcript· is true and correct.
24 · · · · · · · · · ·_____________________________________ 25· · · · · · · · · · · · · DON STOKES
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ATTACHMENT B

13-200

1 PLAINTIFF OC SAN’S RESPONSES TO DEFENDANT BAYSIDE’S SPECIAL INTERROGATORIES, SET TWO 1816902.1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
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25 26
27 28

WOODRUFF& SMART

ATTORNEYS AT LAW

COSTA MESA
Fee Exempt Per Gov. Code § 6103 WOODRUFF & SMART, APC
GARY C. WEISBERG - State Bar No. 132092
[email protected]
MICHAEL L. D'ANGELO - State Bar No. 186882
[email protected]
ELIZABETH VALADEZ - State Bar No. 216235
[email protected]
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626-7670
Telephone: (714) 558-7000
Facsimile: (714) 835-7787

Attorneys for Plaintiff ORANGE COUNTY SANITATION DISTRICT, a public entity

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

FOR THE COUNTY OF ORANGE, COMPLEX JUSTICE CENTER

ORANGE COUNTY SANITATION DISTRICT,
a public entity,

Plaintiff,

v.

BAYSIDE VILLAGE MARINA, LLC, a
California limited liability company; LAGUNA
BEACH COUNTY WATER DISTRICT, a
public entity; DOES 1 through 100, inclusive;
and ALL PERSONS UNKNOWN CLAIMING

AN INTEREST IN THE PROPERTY,

Defendants.

CASE NO.: 30-2022-01251890-CU-EI-CXC

Related tof: 30-2021-01194238-CU-EI-CXC
Bayside Village Marina, LLC v. Orange County
Sanitation District, et al.

ASSIGNED FOR ALL PURPOSES TO THE

HONORABLE WILLIAM CLASTER
DEPARTMENT: CX-101

PLAINTIFF ORANGE COUNTY

SANITATION DISTRICT'S RESPONSES

TO DEFENDANT BAYSIDE VILLAGE

MARINA, LLC'S SPECIAL

INTERROGATORIES, SET TWO

[Assessor Parcel No. 440-132-60]

HEARING DATES PENDING:

Type: Status Conference
Date: May 22, 2024
Time: 8:30 a.m.

Type: Trial Readiness Conference
Date: August 2, 2024
Time: 1:30 p.m.

Type: Trial
Date: August 12, 2024
Time: 9:00 a.m.

DATE ACTION FILED: March 25, 2022
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WOODRUFF& SMART

ATTORNEYS AT LAW

COSTA MESA
PROPOUNDING PARTY: DEFENDANT BAYSIDE VILLAGE MARINA, LLC, a California limited liability company
RESPONDING PARTY: PLAINTIFF ORANGE COUNTY SANITATION
DISTRICT, a public entity
SET NO.: TWO (2)
Plaintiff ORANGE COUNTY SANITATION DISTRICT, a public entity ("OC San" or "Responding Party"), pursuant to Code of Civil Procedure section 2030.220, et seq., hereby responds to the special interrogatories, set two, propounded by defendant BAYSIDE VILLAGE MARINA, LLC, a California limited liability company ("Bayside" or "Propounding Party") as follows:

PRELIMINARY STATEMENT
These responses are made solely for the purpose of this action. Each answer is subject to all objections as to competence, relevance, materiality, propriety, and admissibility, and any and all other objections and grounds that would require the exclusion of any statement herein if the Interrogatories were asked of, or any statements contained herein were made by, a witness present and testifying in court, all of which objections and grounds are reserved and may be interposed at the time of trial.

Responding Party has not yet completed its investigation or discovery of the facts surrounding the above-captioned matter. The responses contained herein are based only upon such information, belief, and documents as are presently available to and specifically known to Responding Party. The responses contained herein will disclose only that information which is subject to these limitations.

As discovery proceeds, witnesses, facts, and evidence may be discovered that are not set forth herein but which may have been responsive to a request. Facts and evidence now known may be imperfectly understood, or the relevance or consequence of such facts and evidence may be imperfectly understood. Accordingly, such facts and evidence may, in good faith, not be included in the following responses.

It is anticipated that further discovery, independent investigation, legal research, and analysis will supply additional facts or add new meaning to the known facts, as well as establish entirely new 13-202

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WOODRUFF& SMART

ATTORNEYS AT LAW

COSTA MESA
factual conclusions and legal contentions, all of which may lead to substantial additions to, changes in, and variations from, the responses herein set forth. The following responses are given without prejudice to Responding Party's right to produce evidence of any subsequently discovered facts, witnesses, or documents that Responding Party may later recall. Responding Party accordingly reserves the right to change any and all answers herein as additional facts are ascertained, analysis is made, and legal research is completed. The responses contained herein are made in a good faith effort to supply as much factual information and as much specification of legal contentions as is presently known but should in no way be to the prejudice of Responding Party in relation to further discovery, research, or analysis.

Responding Party assumes no obligation to voluntarily supplement or amend these responses to reflect the discovery of witnesses, facts, and evidence following the serving of these responses. In addition, because some of these responses may have been ascertained by counsel or investigators for Responding Party, it may not have personal knowledge of the same.

RESPONSES TO SPECIAL INTERROGATORIES
SPECIAL INTERROGATORY NO. 33:

IDENTIFY (as used herein, "IDENTIFY" means, with respect to a vehicle, to state the make and model) each type of VEHICLE (as used herein, "VEHICLE" means anything used for transporting people or goods or conducting services, including but not limited to, a car, van, truck, or tanker) that will traverse the ACCESS ROAD (as used herein, "ACCESS ROAD" refers to the permanent non-exclusive access easement described and depicted in Exhibit "B" of the Complaint on file in this action) to enter or exit the BBPS (as used herein, "BBPS" means Bay Bridge Pump Station and related force mains) in connection with YOUR (as used herein "YOU," "YOUR," and "YOURS" means plaintiff Orange County Sanitation District and its employees, agents, representatives, contractors, successors, assigns and anyone else acting on its behalf) construction, use, and operation of the BBPS.

RESPONSE TO SPECIAL INTERROGATORY NO. 33:

OC San objects to this interrogatory on the grounds that it is overly broad, burdensome and oppressive, vague and ambiguous. OC San further objects to this interrogatory on the ground that an 13-203

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WOODRUFF& SMART

ATTORNEYS AT LAW

COSTA MESA
answer would necessitate the preparation or making of a compilation, abstract, audit, or summary from documents that are equally available to and/or already within the possession of the propounding party or that OC San already has otherwise agreed to produce to the propounding party.

The burden or expense of preparing or making such a compilation, abstract, audit, or summary would be substantially the same for the party propounding this interrogatory as for OC San. OC San further objects to this interrogatory on the ground that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. OC San further objects to this interrogatory on the grounds that it is impermissibly compound. Subject to and without waiver of the foregoing, OC San responds as follows:

OC San
avails itself of the rights set forth in California Code of Civil Procedure section 2030.260 and refers propounding party to the 2020 Recirculated Environmental Impact Report, which identifies the anticipated vehicles to be used during the construction of the project.

OC San further refers propounding party to the testimony of Don Stokes given at his deposition in this case on December 13, 2023, during which vehicles anticipated to be used during the use and operation of the Bay Bridge Pump Station are identified. More specific information regarding vehicles that will be used during the construction of the project will be determined after the issuance of a contract to the contractor that will be responsible for the construction of the subject project.

Discovery and investigation continue.

SPECIAL INTERROGATORY NO. 34:

State all facts regarding the specifications for each VEHICLE identified in Special Interrogatory No. 33, including but not limited to, the length, width, height, weight, inside and outside turning radius of, and material to be hauled by each VEHICLE.

RESPONSE TO SPECIAL INTERROGATORY NO. 34:

OC San objects to this interrogatory on the grounds that it is overly broad, burdensome and oppressive, vague and ambiguous. OC San further objects to this interrogatory on the ground that an answer would necessitate the preparation or making of a compilation, abstract, audit, or summary from documents that are equally available to and/or already within the possession of the propounding party or that OC San already has otherwise agreed to produce to the propounding party. 13-204

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WOODRUFF& SMART

ATTORNEYS AT LAW

COSTA MESA
The burden or expense of preparing or making such a compilation, abstract, audit, or summary would be substantially the same for the party propounding this interrogatory as for OC San. OC San further objects to this interrogatory on the ground that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. OC San further objects to this interrogatory on the grounds that it is impermissibly compound. Subject to and without waiver of the foregoing, OC San responds as follows:

OC San
avails itself of the rights set forth in California Code of Civil Procedure section 2030.260 and refers propounding party to the 2020 Recirculated Environmental Impact Report, which identifies the anticipated vehicles to be used during the construction of the project.

OC San further refers propounding party to the testimony of Don Stokes given at his deposition in this case on December 13, 2023, during which vehicles anticipated to be used during the use and operation of the Bay Bridge Pump Station are identified. More specific information regarding vehicles that will be used during the construction of the project will be determined after the issuance of a contract to the contractor that will be responsible for the construction of the subject project.

Discovery and investigation continue.

SPECIAL INTERROGATORY NO. 35:

Describe in detail YOUR obligations and responsibilities to maintain the ACCESS ROAD throughout YOUR construction, use, and operation of the BBPS.

RESPONSE TO SPECIAL INTERROGATORY NO. 35:

OC San objects to this interrogatory on the grounds that it is overly broad, burdensome and oppressive, vague and ambiguous. OC San further objects to this interrogatory on the ground that it may be deemed to seek information that is protected from disclosure by the attorney-client privilege, the attorney work product doctrine, and other applicable privileges. OC San further objects to this interrogatory on the ground that an answer would necessitate the preparation or making of a compilation, abstract, audit, or summary from documents that are equally available to and/or already within the possession of the propounding party or that OC San already has otherwise agreed to produce to the propounding party. The burden or expense of preparing or making such a compilation, abstract, audit, or summary would be substantially the same for the party propounding 13-205
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ATTACHMENT C

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ATTACHMENT D

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ATTACHMENT E
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DEFENDANT BAYSIDE VILLAGE MARINA LLC’S RESPONSE TO PLAINTIFF ORANGE COUNTY SANITATION DISTRICT’S SPECIAL INTERROGATORIES, SET ONE
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NOSSAMAN LLP
BRADFORD B. KUHN (SBN 245866)
[email protected]
JOHN P. ERSKINE (SBN 084994)
[email protected]
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612
Telephone: 949.833.7800
Facsimile: 949.833.7878
Defendant Bayside Village Marina LLC

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER

ORANGE COUNTY SANITATION

DISTRICT, A PUBLIC ENTITY,
Plaintiff,
vs.

BAYSIDE VILLAGE MARINA LLC, A

CALIFORNIA LIMITED LIABILITY
COMPANY; LAGUNA BEACH COUNTY
WATER DISTRICT, A PUBLIC ENTITY;
DOES 1 THROUGH 100, INCLUSIVE; AND

ALL PERSONS UNKNOWN CLAIMING AN

INTEREST IN THE PROPERTY,
Defendants.
______________________________________

AND ALL RELATED CASES
Case No: 30-2022-01251890-CU-EI-CXC
[Related Case No.: 30-2021-01194238]
Assigned for all purposes to:

Hon. William Claster, Dept. CX-104

DEFENDANT BAYSIDE VILLAGE
MARINA LLC’S RESPONSE TO

PLAINTIFF ORANGE COUNTY
SANITATION DISTRICT’S SPECIAL

INTERROGATORIES, SET ONE
Date Action Filed: March 25, 2022
Trial Date: None

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PROPOUNDING PARTY: PLAINTIFF ORANGE COUNTY SANITATION DISTRICT RESPONDING PARTY: DEFENDANT BAYSIDE VILLAGE MARINA LLC
SET NO.: ONE
Defendant Bayside Village Marina LLC (“Defendant”) hereby responds and objects, pursuant to Code of Civil Procedure section 2030.210, et seq., to the first set of special interrogatories propounded by Plaintiff Orange County Sanitation District (“Plaintiff”).

PRELIMINARY STATEMENT
Defendant has not yet completed its investigation or discovery of the facts surrounding the above-captioned matter. All of the responses contained herein are based only upon such information, belief, and documents as are presently available to and specifically known to Defendant. The responses contained herein will disclose only that information which is subject to the above-described limitations.

As discovery proceeds, witnesses, facts, and evidence may be discovered that are not set forth herein but which may have been responsive to an interrogatory. Facts and evidence now known may be imperfectly understood, or the relevance or consequence of such facts and evidence may be imperfectly understood. Accordingly, such facts and evidence may, in good faith, not be included in the following responses.

It is anticipated that further discovery, independent investigation, legal research and analysis will supply additional facts or add new meaning to the known facts, as well as establish entirely new factual conclusions and legal contentions, all of which may lead to substantial additions to, changes in, and variations from, the responses herein set forth.

The following responses are given without prejudice to Defendant's right to produce evidence of any subsequently discovered facts, witnesses, or documents that Defendant may later recall. Defendant accordingly reserves the right to change any and all answers herein as additional facts are ascertained, analysis is made, and legal research is completed. The responses contained herein are made in a good faith effort to supply as much factual information and as much specification of legal contentions as is presently 13-215
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or summary would be substantially the same for the Plaintiff as for Defendant. Subject to and without waiver of the foregoing, Defendant responds as follows:

April 11, 2018 Offer and Appraisal;
December 10, 2020 Offer;
June 1, 2021 Notice of Decision to Appraise;
September 7, 2021 Offer to Purchase; and
January 26, 2022 Resolution of Necessity.

Defendant elects to further respond to this interrogatory pursuant to Code of Civil Procedure section 2030.230 and identifies the Administrative Record created and lodged with the Court in the matter of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, and previously produced by Plaintiff, in this action, in response to Defendant’s first set of requests for production of documents (OCSAN 000001 – 037435), as the source from which the information responsive to this interrogatory may be obtained.

As discovery is ongoing, Defendant reserves the right to supplement its response as additional discovery and information becomes available.

SPECIAL INTERROGATORY NO. 21:

State all facts that support YOUR contention that the PROJECT is not "planned or located in the manner that will be most compatible with the least private injury" as alleged in YOUR ANSWER.

RESPONSE TO SPECIAL INTERROGATORY NO. 21:

Subject to Plaintiff complying with the court’s February 7, 2023 Peremptory Writ of Mandate and Judgment in the related case of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 22:
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IDENTIFY all PERSONS (with the exceptions of your expert witnesses and attorneys) that have knowledge of facts that support YOUR contention that the PROJECT is not "planned or located in the manner that will be most compatible with the least private injury" as alleged in YOUR ANSWER.

RESPONSE TO SPECIAL INTERROGATORY NO. 22:

Subject to Plaintiff complying with the court’s February 7, 2023 Peremptory Writ of Mandate and Judgment in the related case of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 23:

IDENTIFY all DOCUMENTS that evidence, refer to or relate to YOUR contention that the PROJECT is not "planned or located in the manner that will be most compatible with the least private injury" as alleged in YOUR ANSWER.

RESPONSE TO SPECIAL INTERROGATORY NO. 23:

Subject to Plaintiff complying with the court’s February 7, 2023 Peremptory Writ of Mandate and Judgment in the related case of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 24:

State all facts that support YOUR contention that the acquisition of the PROPERTY INTERESTS is not necessary for the PROJECT as alleged in YOUR ANSWER. ("PROPERTY INTERESTS" refers to the property interests being acquired by OC SAN for the PROJECT as identified in OC SAN's complaint filed in the ACTION.) RESPONSE TO SPECIAL INTERROGATORY NO. 24:
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Subject to Plaintiff complying with the court’s February 7, 2023 Peremptory Writ of Mandate and Judgment in the related case of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 25:

IDENTIFY all PERSONS (with the exceptions of your expert witnesses and attorneys) that have knowledge of facts that support YOUR contention that the acquisition of the PROPERTY INTERESTS is not necessary for the PROJECT as alleged in YOUR ANSWER.

RESPONSE TO SPECIAL INTERROGATORY NO. 25:

Subject to Plaintiff complying with the court’s February 7, 2023 Peremptory Writ of Mandate and Judgment in the related case of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 26:

IDENTIFY all DOCUMENTS that evidence, refer to or relate to YOUR contention that the acquisition of the PROPERTY INTERESTS is not necessary for the PROJECT as alleged in YOUR ANSWER.

RESPONSE TO SPECIAL INTERROGATORY NO. 26:

Subject to Plaintiff complying with the court’s February 7, 2023 Peremptory Writ of Mandate and Judgment in the related case of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 27:
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Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 32:

IDENTIFY all DOCUMENTS that evidence, refer to or relate to YOUR contention that alternative locations have been proposed that are "environmentally superior and less impactful" than the subject location as alleged in YOUR ANSWER.

RESPONSE TO SPECIAL INTERROGATORY NO. 32:

Subject to Plaintiff complying with the court’s February 7, 2023 Peremptory Writ of Mandate and Judgment in the related case of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 33:

State all facts that support YOUR contention that the PROJECT is not "planned in the manner that will cause the least private injury" as alleged in YOUR ANSWER.

RESPONSE TO SPECIAL INTERROGATORY NO. 33:

Subject to Plaintiff complying with the court’s February 7, 2023 Peremptory Writ of Mandate and Judgment in the related case of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 34:

IDENTIFY all PERSONS (with the exceptions of your expert witnesses and attorneys) that have knowledge of facts that support YOUR contention that the PROJECT is not "planned in the manner that will cause the least private injury" as alleged in YOUR ANSWER.

RESPONSE TO SPECIAL INTERROGATORY NO. 34:
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Subject to Plaintiff complying with the court’s February 7, 2023 Peremptory Writ of Mandate and Judgment in the related case of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 35:

IDENTIFY all DOCUMENTS that evidence, refer to or relate to YOUR contention that the PROJECT is not "planned in the manner that will cause the least private injury" as alleged in YOUR ANSWER.

RESPONSE TO SPECIAL INTERROGATORY NO. 35:

Subject to Plaintiff complying with the court’s February 7, 2023 Peremptory Writ of Mandate and Judgment in the related case of Bayside Village Marina, LLC v. Orange County Sanitation District, et al., Orange County Superior Court Case No. 30-2021-01194238, Defendant waives its right to take challenge in this eminent domain action, and, as such, no response to this request is required.

SPECIAL INTERROGATORY NO. 36:

State all facts that support YOUR contention that "Plaintiff failed and refused to satisfy its obligations under the California Environmental Quality Act" as alleged in YOUR ANSWER.

RESPONSE TO SPECIAL INTERROGATORY NO. 36:

Defendant objects to this interrogatory on the grounds that it is overly broad, burdensome and oppressive, vague and ambiguous. Defendant further objects to this interrogatory on the ground that it may be deemed to seek information that is protected from disclosure by the attorney-client privilege, the attorney work product privilege, and other applicable privileges.

Defendant also objects to this interrogatory to the extent that it calls for a legal opinion, expert opinion and/or the unilateral disclosure of expert witness information and/or documents. Subject to and without waiver of the foregoing, Defendant responds as follows:
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product privilege, and other applicable privileges. Defendant also objects to this interrogatory to the extent that it calls for expert opinion and/or the unilateral disclosure of expert witness information and/or documents.

Dated: February 27, 2023 NOSSAMAN LLP
BRADFORD B. KUHN
JOHN P. ERSKINE
By:

Bradford B. Kuhn
Defendant Bayside Village Marina LLC
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VERIFICATION
I, Michael Gelfand, declare:

I have read the foregoing DEFENDANT BAYSIDE VILLAGE MARINA

LLC'S RESPONSE TO ORANGH COUNTY SANITATION DISTRICT'S SPECIAL INTERROGATORIES, SET ONE, and know of its contents.

I am the President of Bayside Village Marina LLC, a party to this action. I am authorized to make this verification for and on its behalf, and I make this verification for that reason. The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that thef°re8°]ng[:;:ceut:ddocn°:;::tL2LdrdayofFebmay2o23,apca]]f°rn]a -2-
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TTACHMENT F
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PUBLIC REVIEW DRAFT
2020 RECIRCULATED ENVIRONMENTAL IMPACT REPORT

Bay Bridge Pump Station
and Force Mains Replacement Project

State Clearinghouse No. 2016111031

Lead Agency:

ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, California 92708
Contact: Mr. Kevin Hadden
Principal Staff Analyst
714.962.2411

Prepared by:

MICHAEL BAKER INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, California 92707
Contact: Ms. Kristen Bogue
949.472.3505

August 2020

JN 168975
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2020 Recirculated Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project

Public Review Draft ● August 2020 5.11‐5 Transportation City of Newport Beach SB 743 VMT Implementation Guide
The City SB 743 VMT Implementation Guide (VMT Implementation Guide), dated April 6, 2020, also known as City Council Policy K-3, is used as a reference document to determine the appropriate VMT analysis methodology for projects within the City. According to the VMT Implementation Guide, the framework for completing a CEQA-level VMT transportation analysis for proposed land development projects and transportation projects include the following steps:
a. Screening Criteria under which projects are not required to submit a detailed VMT analysis. b. Significance Thresholds for Land Development projects (Residential, Office, Retail, Other). c. Significance Thresholds for Transportation projects. d. Requirements for projects to mitigate significant and unavoidable impacts.

According to Section 2, Land Development Project Screening, of the VMT Implementation Guide, certain conditions may exist that would presume that a proposed land development project has a less than significant VMT impact. Land development projects that have one or more of the identified attributes may be presumed to have a less than significant VMT impact. Among other attributes, Attribute E states that land use development projects that generate a net increase of 300 or less daily trips, utilizing the most current Institute of Transportation Engineers (ITE) Trip Generation Manual would have a less than significant VMT impact.

5.11.3 IMPACT THRESHOLDS AND SIGNIFICANCE CRITERIA
Appendix G of the CEQA Guidelines contains the Environmental Checklist form used during preparation of this EIR. Accordingly, a project may create a significant adverse environmental impact if it would:
 Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities (refer to Impact Statement TRA-1);  Conflict or be inconsistent with CEQA Guidelin es section 15064.3, subdivision (b) (refer to Impact Statement TRA-4);
 Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) (refer to Impact Statement TRA-2); and
 Result in inadequate emergency access (refer to Impact Statement TRA-3).

5.11.4 IMPACTS AND MITIGATION MEASURES
ROADWAY, TRANSIT, BICYCLE, AND PEDESTRIAN FACILITIES
TRA-1 PROJECT CONSTRUCTION COULD ADVERSELY IMPACT PLANS

RELATED TO ROADWAY, TRANSIT, BICYCLE, AND PEDESTRIAN
FACILITIES.
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2020 Recirculated Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project

Public Review Draft ● August 2020 5.11‐6 Transportation Impact Analysis:

Roadway
Short-term increases in vehicle trips on the circul ation system would occur during construction.

Construction-related trips would occur during the 36 months required for demolition, grading, building construction, installation of force mains, and gravity sewer improvements. Traffic would include the transfer of construction equipment/mate rials, construction work trips, and hauling trips for soil. Construction associated with trucks and employees traveling to and from the project site may result in minor increases in vehicles on the circulation system.

Specifically, demolition activities would require a pproximately 10 trips per day (including two haul trips), grading activities would require approximat ely 25 trips per day (including two haul trips), building construction would require a
pproximately 16 trips per day (no haul trips), installation of force mains would require approximately 28 trips per day (no haul trips), and gravity sewer improvements would require approximately 23 trips per day (no haul trips). These nominal increases would be temporary and would cease upon completion of construction.

Further, these construction-related vehicle trips would occur throughout the day, and hauling or transport of oversize load
s would only occur between the non-peak hours of 9:00 a.m. and 3:00 p.m., Monday through Friday with implementation of Mitigation Measure TRA-1. Thus, construction- related vehicle trips on the roadway circulation system would be less than significant.

Following construction, the proposed project would require a maximum of approximately 15 vehicle trips per week for OCSD staff to perform period ic maintenance, inspections of facilities and equipment, and/or chemical deliveries. However, development of the proposed project would result in no new vehicle trips on the circulation system, since these vehicle trips are currently required for maintenance/inspection of the existing pump station, and because no new employees would need to be hired or visit the site as part of the project.

As such, the project would not result in any long-term
operational impacts on the surrounding roadway network.

Transit, Bicycle, Pedestrian Facilities
Temporary construction-related traffic may disrupt transit, pedestrian and bicycle traffic through the project area. During project construction, the following temporary lane closures would be required along Coast Highway to allow for the following construction activities, which may overlap:
 East Coast Highway: Temporary closure of one eastbound lane of traffic to allow for construction of the gravity sewer improvements and temporary closure of one westbound lane of traffic to demolish existing manhole an d abandon the existing 42-inch sewer.

Demolition/abandonment and construction of this gravity line would take approximately 131 non-consecutive days over the project’s 36-month construction period.  West Coast Highway: Temporary closure of one eastbound lane of traffic and bus turnout area to allow for connection of the two force mains to the existing system.

Demolition/abandonment and construction of this gravity line would take approximately 33 consecutive days during the project’s 36-month construction period. 13-227
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Public Review Draft ● August 2020 5.11‐7 Transportation These proposed lane closures could temporarily impact transit, bicycle, and pedestrian circulation in the project area. To reduce the potential impacts of construction-related vehicles interacting with pedestrians, bicyclists, and other local traffic, a Construction Management Plan would be required per Mitigation Measure TRA-1, which would implement a va riety of measures to minimize traffic safety impacts. The Construction Management Plan would be required to include, but not be limited to, the following:
 Advanced mailings notifying surrounding property owners of project activities;  Construction signage;
 A construction flagperson, as necessary, to assist in maintaining efficient vehicle travel in both directions;
 Prohibition of construction worker parking along local streets;  Identification of appropriate haul routes to avoid traffic disruptions; and  Limitation of hauling activities to off-peak hours.

Compliance with Mitigation Measure TRA-1 would ensure pedestrian and bicyclist access would remain open, to the greatest extent possible, duri ng construction or re-routed to ensure continued connectivity. While it is unknown at this time which sidewalks and/or bicycle paths may be closed during construction, at least one sidewalk/bicycle path along the roadway would remain open and temporary detours to the open path would be pr ovided with signage and/or direction from a construction flagperson.

Advanced notification to surrounding property owners, a construction flagperson, and construction signage to reroute pede strians and bicyclists around the affected areas would be required during all construction activities. Thus, with implementation of Mitigation Measure TRA-1, the project would not conflict with policies re lated to public transit, bicycle, or pedestrian facilities, as access would be maintained to the greatest extent possible and no permanent impacts to these facilities would result. In addition, operations of the proposed pump station facility would be similar to the existing pump station, and would not introduce any new land uses that could affect public transit, bicycle, or pedestrian travel. Impa cts in this regard would be reduced to less than significant levels.

Mitigation Measures:

TRA-1 Prior to initiation of construction activities, engineering drawings and specifications, and/or contractor shop drawings shall be prep ared by the Project Engineer, or designee, and submitted for review and approval by the Orange County Sanitation District, California Department of Transportation (C altrans), and the City of Newport Beach Public Works Department. These documents shall, at a minimum, address the following:
 Traffic control protocols shall be specifie d for any lane closure, detour, or other disruption to traffic circulation, including bicycle and pedestrian trails. Disruption to traffic circulation shall be minimized to the greatest extent feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent feasible, during construction or shall be re-routed to ensure continued connectivity. 13-228
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Bay Bridge Pump Station and Force Mains Replacement Project

Public Review Draft ● August 2020 5.11‐8 Transportation  Bus stop access impacts shall be coordinated with, and approved by, the Orange County Transportation Authority.
 At least one week before any construction ac tivities that would affect travel on nearby roadways, the construction contractor shall notify the City of Newport Beach Public Works Department and Caltrans, as applicable, of construction activities that could impede movement (such as lane closures) along roadways, to allow for planning temporary detours or identifying alternative emergency access routes where appropriate. Surrounding pr operty owners shall also be notified of project activities through advanced mailings.
 Identify construction vehicle haul routes for the delivery of construction materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic controls and detours; and a construction phasing plan for the project to reduce impacts to local streets and plan for traffic control signage and detours along identified haul routes to minimize impacts to existing traffic flow.
 Identify any and all construction staging or material storage sites located outside of the project site.
 Specify the hours during which hauling activities can occur and methods to mitigate construction-related impacts to adjacent streets such as traffic control barricades, cones, flaggers, and warning signs.
 Require the contractor to keep all haul routes clean and free of debris, including but not limited, to gravel and dirt resu lting from project construction. The Contractor shall clean adjacent streets, as directed by the Orange County Sanitation District, of any project material which may have been spilled, tracked, or blown onto adjacent City of Newport Beach and Caltrans streets or areas.  Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and 3:00 p.m. only, Monday through Friday. No hauling or transport shall be allowed during nighttime hours, weekends, or Fe deral holidays. Any oversized loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.  Use of local streets shall be prohibited, except when required to provide direct access to the project site and in compliance with the approved project haul routes.  Haul trucks entering or exiting public streets shall yield to public traffic at all times.  If hauling operations cause any damage to existing pavement, streets, curbs, and/or gutters along the haul route, the c ontractor shall be fully responsible for repairs. The repairs shall restore the damaged property to its original condition.  All construction-related staging of vehicles shall be kept out of the adjacent public roadways and shall occur on the project site or within additional off-street staging areas previously identified and arranged.
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Bay Bridge Pump Station and Force Mains Replacement Project

Public Review Draft ● August 2020 5.11‐9 Transportation  Construction-related lane closures woul d only occur between the hours of 8:30 a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure hours may be prescribed by the City.
 Use of a construction flagperson (as deem ed appropriate by the Orange County Sanitation District) to assist in mainta ining efficient vehicle travel in both directions (particularly during peak trav el hours) and use of construction signage and safe detour routes for pedestrian s and bicyclists when travel lanes and sidewalks along Coast Highway are affected.
 The engineering drawings and specifications shall meet standards established in the current California Manual on Uniform Traffic Control Device (MUTCD).

Level of Significance: Less Than Significant Impact With Mitigation Incorporated.

HAZARDOUS DESIGN FEATURES
TRA-2 THE PROJECT COULD SUBSTANTIALLY INCREASE HAZARDS DUE TO

SHORT-TERM CONSTRUCTION ACTIVITIES WITHIN SURROUNDING
ROADWAYS.

Impact Analysis:

Construction
As stated above, temporary lane closures would be required along Coast Highway to allow for project construction activities. These proposed lane clos ures could result in temporary traffic hazard conditions.

Therefore, to reduce the potential impacts of construction-related vehicles interacting with pedestrians, bicyclists, and other local traffic, Mitigation Measure TRA-1 requires a Construction Management Plan be developed to implement a variety of measures to minimize traffic safety impacts.

Implementation of Mitigation Measure TRA-1 woul d reduce the project’s temporary construction- related hazards within surrounding roadways and impacts in this regard would be less than significant.

Operations
Upon completion of construction activities, no perm anent changes to the local circulation system would result, such as hazardous geometric roadway design features (e.g., sharp curves or dangerous intersections). In addition, the proposed project would not result in any new land uses that would involve incompatible features or equipment that could cause a hazard on roadways in the project area.

Currently, primary site ingress and egress for OCSD maintenance vehicles is provided via a right turn only driveway from East Coast Highway. Maintenance trucks must currently back into oncoming traffic on East Coast Highway to exit the site. Th e project would increase transportation safety by redirecting OCSD vehicles through the Bayside V illage Marina, LLC property via Bayside Drive for primary site access, both ingress and egress, with secondary site access provided via the existing driveway along East Coast Highway. As such, impacts in this regard would be less than significant. 13-230