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HomeMy WebLinkAbout2004-08-25phone: (714) 962-2411 fax : (714) 962-0356 www.ocsd.com mailing address: P.O. Boie 8127 Fountain Valley, CA 92728-8127 street address: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Member Agencies • Cities Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Gardan Grove Huntington Beach Irvine La Habra La Palma Los Alamitos Newport Beach Orange Placentia Santa Ana Seal Beach Stanton Tustin Villa Park Yorba Linda County of Orange Sanitary Districts Costa Mesa Midway City Water Districts Irvine Ranch ORANGE COUNTY SANI TATION D ISTRICT August18,2004 NOTICE OF MEETING BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, August 25, 2004-7:00 P.M. DISTRICT'S ADMINISTRATIVE OFFICES 10844 Ellis Avenue Fountain Valley, California 92708 The Regular Meeting of the Board of Directors of the Orange County Sanit ati o n District will be held at the above lo cation , time and date . OMTS COMMITTEE PDC COMMITTEE COOPERATIVE PROJECTS GRANT COMMITTEE FAHR COMMITTEE GWR SYSTEM STEERING COMMITTEE STEERING COMMITTEE -Wednesday, September 1, 2004 at 5:00 p.m. -Thursday, September 2 , 2004 at 5 :00 p.m . -Tuesday, September 7, 2004 at 11 :30 a.m . -Wednesday, September 8, 2004 at 5:00 p.m. -Monday, September 13, 2004 at 5:30 p.m. @OCWD -Wednesday, September 22, 2004 at 5 :00 p.m. To maintain world-class leadership in wastewater and water resource management. BOARD MEETING DATES Board Meeting September 22, 2004 October 27, 2004 *November 17, 2004 *December15,2004 January 26, 2005 February 23, 2005 March 23, 2005 April 27, 2005 May 25, 2005 June 22, 2005 *July 20, 2005 August24,2005 *Meetings are being held on the third Wednesday of the month H:\dept\admin\BS\Agenda\2004 Meeting Notices\MN8.2.doc • • e ura1n IS not a uumu. Fats, Oils and Grease (FOG) Public Education Outreach Toolbox July 2004 ~ I' e nrain is not a nump. Put fats , oils and grease where they belong. Mix them in your trash with absorbent waste like paper, coffee grounds, kitty litter or grass clippings. ~ City logo GOES HERE ~W)«ft'1t)IC3..U:S 1234 Mam Shot O/y. CA 92600 9'9·000·0000 Dispose off ats, oils and grease where they belong. Don 't cause sewer clogs. You can help protect the environment, improve health, and save money in th e process just by taking re spons ibilit y fo r the proper disposal of food waste generated by your bus in ess. Prevent fa ts, oils, and grease from getting in the sewer lin es. It 's more than jus t a good habit. It's also good bu siness. ~ City Logo GOES HERE www.yourcity.ca.us 1234 Main Street, City, CA 92600 949-000-0000 The drain is not a dump. \,,. The problem with fats, oils and grease Fats, oil s and grease (FOG) come from meat, lard , cooking oil, butter and shortening. You can find them in fryers, pots and pan s, food scrap s, and spoil ed food, and on floor s and cooking surface s. Th e trou ble start s when FOG gets into the sewe r through sink s and floor drains. Sewer lines can become blocked, which can cause untre ated wastewater to overflow into yo ur facility and in to storm drains leading to the ocean. Sewage sp ill s can spread disease, pollute stre ets and be ac hes, req ui re expensive cleanup, and even clo se you r business. Food serv ice es tabli shm ent s have been found to be major sou rces of fats, oi ls and grease that enter the sewer syste m. The stat e now requi res th at you r city and local sewer agency enforce limitation s on the amount of FOG and other debris that go es in the sewe rs. The best way to sto p th ese sub stances from bui ldi ng up in sewe r lin es is to prevent th em fro m en terin g yo ur dra in s, by usin g "Kitchen Best Management Practi ces ." The most commo n Kitchen Best Management Practices are liste d here, but be su re to cons ult with you r city or loca l sewer agency for any additional practices you may be requ ired to follow. Yo ur ci ty or lo ca l agency may also cond uct in spections to confirm that yo u are following th ese prac tices . Use Best Practices In The Kitchen Training -all new employees should be trained in Kitchen Best Management Pr ac tices, includ ing the proper met hod s of fats, oi ls and grease disposa l. Provide frequen t refr eshe r training as we ll . Signage -display th e ap prop riat e signs or posters prominently in th e wo rk place. Drain screens -in stall screens on all kitchen drains. Openings should be no more than 3/16 inch . Screens should be rem ovab le for frequent cleaning. Collect & recycle -pour all cooki ng grease (ye ll ow grease ) and liquid oi l from po ts, pans and frye rs into a covered grease con tainer fo r recycling. Us e a permitted was te collect ion se rvice or authorized rec ycl in g cen ter. Keep all wr itten records of the ir pick ups; inspectors may ask to see them. Don 't overfill -avoid spills by empty ing FOG containers before they get fu ll. Transport carefully - use a covered container to move grease without spill ing. grease trap or in terc ep to r. Clean before washing -scrape or dry-wip e excess food and solidified grease from pots, pans, fryers, utens ils, sc reens and mats, th en dispose of it in the tr as h. Don 't dump hot wate r -cooking or cleaning water over 140° F should NOT be put down a drain that's connected to a Clean hoods -dispose of waste from hoods and filters by emptying it into a drain connec ted to a grease in terceptor if you have one, or have the hoo ds professionally ma in ta ine d. Soak up drips & spills -place absorbent mat eri als such as paper towe ls or absorbent pads unde r frye rs or other areas whe re grease may drip or spill. Use "spill kits " -make yo ur own "s pill kits " wi th absorbent materials such as absorbent pads or kit ty litter. Keep th em well marked and accessib le for cleaning spills. Designate a key employee on each shift to monitor cleanup and restock the kits. , Fats, Oils and Grease (FOG) Public Education Outreach FOG Toolbox Binder Contents 1. Food service establishments Template letter Brochure Poster Training video 2. General public Template letter Poster Web ad Print advertisements Tabletop display 3. Schools Template letter Education programs K-5, 6-8, 9-12 4. Media Template letter News release Fact sheet Public service announcements (print, radio and television) Program pieces are supplied in English, Spanish, Mandarin Chinese, Korean and Vietnamese. , FOG Tool Box Participation 22 Participants City of Anaheim City of Brea City of Buena Park City of Cypress El Toro Water District City of Fullerton Garden Grove Sanitary District City of Huntington Beach Irvine Ranch Water District City of La Habra Midway City Sanitary District City of Newport Beach City of Orange County of Orange Orange County Sanitation District City of Placentia Rossmoor/Los Alamitos Area Sewer District City of Santa Ana City of Seal Beach City of Stanton City of Yorba Linda Yorba Linda Water District August 3, 2004 To a ll food service estab lis hme nts: The California Res taurant Association has reviewed the materials in the Fats, Oi ls and Grease disposa l public education "toolbox." We have found the items in the too l box to be accurate and he lpful , and support the too l box's Kitchen Best Management Practices for the proper handling and di sposal of these substances. We e ncourage all food service enterprises, including a ll of our members, to adopt the practices promoted by th ese materials. We al so encourage our members and others involve d in commerc ial food preparation to check with their own cities and sanitation d istricts to learn if there are additional practices they are expected to fo ll ow. If we all work toge th e r, we can e l iminate the problems and expenses we face when Fats , Oils a nd Grease are not di s posed of properly. Sincerel y, 1e P esid nt and Chief Executi ve Officer 4041 MAeARTHUR BOULEVARD. SUITT. 244, NEWPORT BEACH. CA ozess. 877·0 44 •g2.J2 . Q49·25 I 8078 ........ I ezo rlf'l'}i AVtNUE . SUIT£ .t:QA SAN DIE.GO. CA 92 1 0 I 0 I 0 ·2.J0·0704 . 0 I 0 230 0784 # ...... •' i LAW OFFICES OF WOODRUFF, SPRADLIN & SMART A PROFESSIONAL CORPORATION MEMORANDUM TO: Chair and Members of Board of Directors Orange County Sanitation District FROM: General Counsel DATE: August 24, 2004 RE: Replacement of Rocky Point Pump Station Contract 5-50 This memo supplements the August 18, 2004 memo from General Counsel regarding the Rehabilitation of the Rocky Point Pump Station. After that Memo was circulated, International Bay Clubs, Inc. has requested revisions to the Environmental Indemnity Agreement (EIA) which was attached to the August 18 Memo as Exhibit 2. After further discussion and refinement of the changes requested by IBCI, General Counsel recommends that the Environmental Indemnity Agreement be approved in the form attached hereto as Exhibit 6. (For ease of reference, the changes made to the prior version of the EIA are shown in redline format in Exhibit 7.) Finally, the parties are still awaiting a preliminary title report about the property which would be conveyed by the District to IBCI. It is preferable that the Preliminary Title Report be received and approved by the parties before the District executes the agreements related to the transaction. As a result, it is recommended that the direction to approve and execute the agreements be conditioned upon receipt and approval by the parties of the preliminary title report. In order to accomplish this and the other approvals necessary to close escrow in a timely manner, General Counsel recommends as follows: Recommendation. It is therefore recommended that your Board: 1. Approve, and authorize Chair Anderson to execute (after receipt and approval by IBCI and District Staff of the preliminary title report on the "Purchaser's Property") the Environmental Indemnity Agreement in the form attached hereto as Exhibit 6. rs\kvle\Local August 25, 2004 Page2 TLW:pj 2. Approve, and authorize Chair Anderson to execute (after receipt and approval by IBCI and District Staff of the preliminary title report on the "Purchaser's Property"), the Conveyance, Disassembly and Abandonment Agreement in the form attached to the August 18, 2004 Memorandum as Exhibit 3, except that Exhibit D thereto (the form of Environmental Indemnity Agreement) shall be replaced with the Environmental Indemnity Agreement in the form attached hereto as Exhibit 6. 3. Approve, authorize Chair Anderson to execute, the Quitclaim Deed in the form attached to the August 18, 2004 Memorandum as Exhibit 4, at such time, and in a manner, consistent with the Conveyance, Disassembly and Abandonment Agreement. 4. Approve the Preliminary Title Report and exceptions to coverage noted therein concerning the "Seller's Property". 5. Direct District staff to take such steps and execute such documents and escrow instructions as may be reasonably necessary, helpful or appropriate to carry out the close of escrow as anticipated in the Purchase & Sale Agreement. THOMAS L. WOODRUFF GENERAL COUNSEL cc: Mr. 8.P. Anderson Mr. D. A. Ludwin Mr. D. May 1s\kvle\Local ENVIRONMENTAL INDEMNITY AGREEMENT This Environmental Indemnity Agreement ("Agreement") is made as of , 200 _, by the ORANGE COUNTY SANITATION DISTRICT ('"OCSD"), in favor of INTERNATIONAL BAY CLUBS, INCORPORATED, a California corporation {"IBC"). Factual Background A. OCSD and IBC have entered into that certain Conveyance, Disassembly and Abandonment Agreement of even date herewith (the "Conveyance Agreemenr) with respect to that certain real property more particularly described on Exhibit A attached hereto and by this reference incorporated herein, together with all fixtures and other real property improvements related thereto, all of which are owned in easement or fee by OCSD (the "OCSD Property"). B. In connection with the Conveyance Agreement and the Purchase Agreement (as defined in the Conveyance Agreement), OCSD has agreed to execute and deliver this Agreement to IBC. 1. Definitions. As used in this Agreement: 1.1 "Hazardous Substance" means any substance, material or waste (including petroleum and petroleum products) which is or becomes designated, classified or regulated as being "toxic" or "hazardous" or a "pollutant" (or a similar such designation) under any federal, state or local law, regulation or ordinance. 1.2 "Indemnified Costs" means all actual or threatened liabilities, claims, actions, causes of action, judgments, orders, damages (including foreseeable and unforeseeable consequential damages), costs, expenses, fines, penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of IBC's counsel), including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work {whether of the OCSD Property or any other property), or any resulting damages, harm or injuries to the person or property of any third parties or to any natural resources; but excluding such liabilities, claims, actions, causes of action, judgments, orders, damages (including foreseeable and unforeseeable consequential damages), costs, expenses, fines, penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of IBC's counsel) to the extent same are: (a) attributable to the negligence or willful misconduct of the party seeking to be indemnified; or (b) not arising directly or indirectly out of or resulting from any Hazardous Substance being present or released in, on, above, under or around any part of the OCSD Property, or in the soil, groundwater, soil vapor or air on, above or under the OCSD Property that arises from the OCSD's current or prior use of, or activities performed at, the OCSD Property. 1.3 "Indemnified Parties" means and includes IBC, its parent, subsidiary and affiliated companies (including, without limitation, Balboa Bay Club, Inc., a California corporation) and the officers, directors, employees and agents of each of them. 2. Indemnity Agreement. 2.1 Indemnity Regarding Hazardous Substances. OCSD indemnifies, defends and holds the Indemnified Parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on, above, under or around any part of the OCSD Property, or in the soil, groundwater, soil vapor or air on, above or under the OCSD Property and arising from or related to the OCSD's current or prior use of, or activities performed at, the OCSD Property, including: 19051712 Version: 8/25120041:15 PM -1- EXHIBIT 6 (a) Any claim for such Indemnified Costs asserted by any federal, state or local governmental agency, including the United States Environmental Protection Agency and the California Department of Health Services, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner'' or "operator'' of the OCSD Property under any law relating to Hazardous Substances; and (b) Any such Indemnified Costs claimed against any Indemnified Party by any person other than a governmental agency, including any person who may purchase or lease all or any portion of the OCSD Property from any Indemnified Party, or from any other purchaser or lessee; any person who may at any time have any interest in all or any portion of the OCSD Property; any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the OCSD Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and (c) Any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and (d) Any such Indemnified Costs resulting from currently existing conditions in, on or around the OCSD Property, whether known or unknown by OCSD or the Indemnified Parties at the time this Agreement is executed. 2.2 [Intentionally omitted.] 2.3 Defense of Indemnified Parties. Upon demand by any Indemnified Party, OCSD shall defend any investigation, action or proceeding involving any Indemnified Costs which is brought or commenced against any Indemnified Party, whether alone or together with OCSD or any other person, all at OCSD's own cost and by counsel selected by OCSD and to be approved by the Indemnified Party, which approval shall not be unreasonably withheld. In the alternative, any Indemnified Party may elect to conduct its own defense at the expense of OCSD. 2.4 [Intentionally omitted.) 2.5 Compliance Regarding Hazardous Substances. While OCSD continues to own an interest in and to the OCSD Property, OCSD shall comply with all laws, regulations and ordinances governing or applicable to Hazardous Substances. 2.6 Notices Regarding Hazardous Substances. OCSD shall promptly notify IBC if it knows, suspects or believes there may be any Hazardous Substance in or around the OCSD Property, or in the soil, groundwater or soil vapor on or under the OCSD Property, in violation of applicable law, or that OCSD or the OCSD Property may be subject to any threatened or pending investigation by any governmental agency under any law, regulation or ordinance pertaining to any Hazardous Substance. 2.7 Site Visits. Observations and Testing. If any of the Indemnified Parties has a reasonable suspicion that Hazardous Substances in violation of applicable laws, regulations and/or ordinances exist with respect to the OCSD Property, the Indemnified Parties and their agents and representatives shall have the right, while OCSD continues to own an interest in and to the OCSD Property, at any reasonable time to enter the OCSD Property for the purposes of observing the OCSD Property, taking and removing soil or groundwater samples, and conducting tests on any part of the OCSD Property. The Indemnified Parties have no duty, however, to visit the OCSD Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party, except for damage resulting from such visit, observation or testing. In no event shall any site visit or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the OCSD Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither OCSD nor any other party is entitled to rely on any site visit or testing by any Indemnified Party. The Indemnified 190517/2 Version: 8/25120041:15 PM -2- EXHIBIT 6 Parties owe no duty of care to protect OCSD or any other party against, or to inform OCSD or any other party of, any Hazardous Substances or any other adverse condition affecting the OCSD Property. The Indemnified Parties may in their discretion disclose to OCSD or any other party any report or findings made as a result of, or in connection with, any site visit or testing by the Indemnified Parties. OCSD understands and agrees that the Indemnified Parties make no representation or warranty to OCSD or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. OCSD also understands that, depending on the results of any site visit or testing by any Indemnified Party which are disclosed to OCSD, OCSD may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by OCSD without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give OCSD reasonable notice before entering the OCSD Property. The Indemnified Party shall make reasonable efforts to avoid interfering with OCSD's use of the OCSD Property in exercising any rights provided in this Section. The Indemnified Party shall bear all costs associated with such visit, observation or testing, and shall, at its sole expense, bear all resulting costs of restoring the property to its condition as existed prior to the visit, observation, or testing, and shall bear all costs of lawfully disposing of all materials and substances (including any Hazardous Substances) generated solely by the visit, observation or testing. 2.8 Attorneys' Fees. In the event any dispute between the parties with respect to this Agreement results in litigation or other proceeding, the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and experts' fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. 3. General Provisions. 3.1 [Intentionally omitted.] 3.2 Reservation of Other Rights and Remedies. Nothing in this Agreement shall be construed to limit any claim or right which any Indemnified Party may otherwise have at any time against OCSD or any other person arising from any source other than this Agreement, including any claim for fraud, misrepresentation, waste or breach of contract other than this Agreement, and any rights of contribution or indemnity under federal or state environmental law or any other applicable law, regulation or ordinance. 3.3 Delay; Cumulative Remedies. If any Indemnified Party delays in exercising or fails to exercise any right or remedy against OCSD, that alone shall not be construed as a waiver of such right or remedy. All remedies of any Indemnified Party against OCSD are cumulative. 3.4 Rules of Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. All headings appearing in this Agreement are for convenience only and shall be disregarded in construing this Agreement. In this Agreement, the word "person" includes any individual, company, trust or other legal entity of any kind. The word "include(s)" means "include(s), without limitation," and the word "including" means "including, but not limited to." When the context and construction so require, all words used in the singular shall be deemed to have been used in the plural and vice versa. Every provision of this Agreement is intended to be severable. In the event any term, provision, section or subsection of this Agreement is declared to be illegal or invalid, for any reason whatsoever, by a court of competent jurisdiction, such illegality or invalidity shall not affect the other terms, provisions, sections or subsections of this Agreement, which shall remain binding and enforceable. 3.5 Integration: Modifications. This Agreement (a) integrates all the terms and conditions mentioned in or incidental to this Agreement, and (b) supersedes all oral negotiations and prior writings with respect to their subject matter. This Agreement may not be modified except in a writing signed by both IBC and OCSD. 190517/2 Version: 8125/20041:15 PM -3- EXH I BIT 6 Miscellaneous. OCSD's obligations under this Agreement shall survive the transfer of the OCSD Property by OCSD to IBC or any Indemnified Party. The provisions of this Agreement shall bind and benefit the heirs, executors, administrators, legal representatives. successors and assigns of OCSD and the Indemnified Parties; provided, however, that OCSD may not assign this Agreement, or assign or delegate any of its rights or obligations under this Agreement, without the prior written consent of IBC in each instance. OCSD: ORANGE COUNTY SANITATION DISTRICT By: Name: Title: ATTEST: By: Name: Its: APPROVED AS TO FORM: By: Thomas L. Woodruff, Esq. General Counsel 190517/2 Version: 8125120041:15 PM -4- EXHIBIT 6 EXHIBIT A Legal Description of OCSD Property An easement for sanitary sewer purposes over, along and across the following described property: That portion of Lot 171 in Block 54 of the Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 1, Page 88, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the Southerly line of the 100-foot right of way of the California State Highway ORA- 60-8, said point of beginning being at right angles to engineer's station, 7+95.46 in the centerline of said highway; thence South 15° 38' 30" West 44.00 feet; thence North 74° 21' 30" West 34.00 feet; thence North 15° 38' 30" East to an intersection with the said Southerly line of the State Highway; thence Southeasterly along said Southerly line to the point of the beginning. 12394.2 -A-1- EXMl81T DFORM OF ENVIRONMENTAL INDEMNITY AGREEMENT This Environmental Indemnity Agreement ("Agreement") is made as of , 200 _, by the ORANGE COUNTY SANITATION DISTRICT ("OCSD"), in favor of INTERNATIONAL BAY CLUBS, INCORPORATED, a California corporation ("IBC"). Factual Background A. OCSD and IBC have entered into that certain Conveyance, Disassembly and Abandonment Agreement of even date herewith (the "Conveyance Agreemenf') with respect to that certain real property more particularly described on Exhibit A attached hereto and by this reference incorporated herein, together with all fixtures and other real property improvements related thereto, all of which are owned in easement or fee by OCSD (the "OCSD Property"). 8. In connection with the Conveyance Agreement and the Purchase Agreement (as defined in the Conveyance Agreement), OCSD has agreed to execute and deliver this Agreement to IBC. 1. Definitions. As used in this Agreement: 1.1 "Hazardous Substance" means any substance, material or waste (including petroleum and petroleum products) which is or becomes designated, classified or regulated as being "toxic'1 or "hazardous" or a "pollutant" (or a similar such designation) under any federal, state or local law, regulation or ordinance. 1.2 !~Indemnified Costs!~ means all actual or threatened liabilities, claims, actions, causes of action, judgments, orders damages -<including foreseeable and unforeseeable consequential damages). costs, expenses, fines, penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of IBC!:s counsel), including those incurred in connection with any investigation of site conditions or any clean-;up, remedial, removal or restoration work (whether of the OCSD Property or any other property), or any resulting damages, harm or injuries to the person or property of any third parties or to any natural resources; but excluding tRe&esuch liabilities, claims, actions, causes of action, judgments, orders damages (including foreseeable and unforeseeable consequential damages>. costs, expenses, fines, penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of IBC!:s counsel) to the extent same are: (a) as may ~e attributable to the negligence or willful misconduct of the party seeking to be indemnified; or (b) not arising frem a sa1:1se ether thaA OGSD'sdjrectly or indirectly out of or resulting from any Hazardous Substance being present or released jo on above under or around any part of the OCSD Property or in the soil groundwater soil vapor or air on above or under the OCSD Property that arises from the OCSD's current or prior use of. or activities performed at the OCSD Property as a J:)l:lmp statieR fasility. 1.3 "Indemnified Parties" means and includes IBC, its parent, subsidiary and affiliated companies (including, without limitation, Balboa Bay Club, Inc., a California corporation) and the officers, directors, employees and agents of each of them. 2. Indemnity Agreement. 2.1 Indemnity Regarding Hazardous Substances. OCSD indemnifies, defends and holds the Indemnified Parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on, above, er-under....oc around any part of the OCSD Property, or in the soil, groundwater, soil vapor or air on, above or under the OCSD Property and arising from or related to the OCSD's current or prior use of--6\:IGR. or activities performed at the OCSD Property as a J:)l:lmp statieR fasility, including: ::OQMA\PCDOCSl,OOCS\109649\3VersiaA: 8/17/20Q4 1 :39 PM EXHIBIT 7=============-1- (a) Any claim for such Indemnified Costs asserted by any federal, state or local governmental agency. including the United States Environmental Protection Agency and the California Department of Health Services, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner" or "operator" of the OCSD Property under any law relating to Hazardous Substances; and (b) Any such Indemnified Costs claimed against any Indemnified Party by any person other than a governmental agency. including any person who may purchase or lease all or any portion of the OCSD Property from any Indemnified Party. or from any other purchaser or lessee; any person who may at any time have any interest in all or any portion of the OCSD Property; any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the OCSD Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and (c) Any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment. order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and (d) Any such Indemnified Costs resulting from currently existing conditions in, on or around the OCSD Property. whether known or unknown by OCSD or the Indemnified Parties at the time this Agreement is executed. 2.2 flntentjonally omitted J 2a3 2-:a-Defense of Indemnified Parties. Upon demand by any Indemnified Party, OCSD shall defend any investigation, action or proceeding involving any Indemnified Costs which is brought or commenced against any Indemnified Party, whether alone or together with OCSD or any other person, all at OCSD's own cost and by counsel ta-selected by OCSD and to be approved by the Indemnified Party.., which approval shall not be unreasonably withheld. In the alternative, any Indemnified Party may elect to conduct its own defense at the expense of OCSD. 2A. llntentionally omitted l 2a5 2:3-Compliance Regarding Hazardous Substances. While OCSD continues to own an interest in and to the OCSD Property, OCSD shall comply with all laws, regulations and ordinances governing or applicable to Hazardous Substances. 2...6. ~Notices Regarding Hazardous Substances. OCSD shall promptly notify IBC if, at aAy time prier te slesiAg et tt:ae traAsfer ef tt:ae OCSD Preperty, it knows, suspects or believes there may be any Hazardous Substance in or around the OCSD Property, or in the soil, groundwater or soil vapor on or under the OCSD Property, in violation of applicable law, or that OCSD or the OCSD Property may be subject to any threatened or pending investigation by any governmental agency under any law, regulation or ordinance pertaining to any Hazardous Substance. 2J... 2-.a--Site Visits. Observations and Testing. If any of the Indemnified Parties has a reasonable suspicion that Hazardous Substances in violation of applicable laws, regulations and/or ordinances exist with respect to the OCSD Property, the Indemnified Parties and their agents and representatives shall have the right, while OCSD continues to own an interest in and to the OCSD Property, at any reasonable time to enter the OCSD Property for the purposes of observing the OCSD Property, taking and removing soil or groundwater samples, and conducting tests on any part of the OCSD Property. The Indemnified Parties have no duty, however, to visit the OCSD Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party, except for damage resulting from such visit, observation or testing. In no event shall any site visit or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the OCSD Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable ::OQMA\PCQOCS\E>OCSl169649\3'1-eFSi9A: Sl17.l2QQ4 1 :39 PM EXHIBIT 7=============-.2- -.- governmental law. Neither OCSD nor any other party is entitled to rely on any site visit or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect OCSD or any other party against, or to inform OCSD or any other party of, any Hazardous Substances or any other adverse condition affecting the OCSD Property. The Indemnified Parties may in their discretion disclose to OCSD or any other party any report or findings made as a result of, or in connection with, any site visit or testing by the Indemnified Parties. OCSD understands and agrees that the Indemnified Parties make no representation or warranty to OCSD or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. OCSD also understands that, depending on the results of any site visit or testing by any Indemnified Party which are disclosed to OCSD, OCSD may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be evaluated by OCSD without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give OCSD reasonable notice before entering the OCSD Property. The Indemnified Party shall make reasonable efforts to avoid interfering with OCSD's use of the OCSD Property in exercising any rights provided in this Section. The Indemnified Party shall bear all costs associated with such visit, observation or testing, and shall, at its sole expense, bear all resulting costs of restoring the property to its condition as existed prior to the visit, observation~ or testing, and shall bear all costs of lawfully disposing of all materials and substances (including any Hazardous Substances) generated ~by the visit, observation or testing. 2....8 2.6 AtterReyAttomevs' Fees. In the event any dispute between the parties with respect to this Agreement results in litigation or other proceeding, the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and experts' fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. 3. General Provisions. ll Untentjonally ornjtted 1 3...2 3:4--Reservation of Other Rights and Remedies. Nothing in this Agreement shall be construed to limit any claim or right which any Indemnified Party may otherwise have at any time against OCSD or any other person arising from any source other than this Agreement, including any claim for fraud, misrepresentation, waste or breach of contract other than this Agreement, and any rights of contribution or indemnity under federal or state environmental law or any other applicable law, regulation or ordinance. U &-2-Delay: Cumulative Remedies. If any Indemnified Party delays in exercising or fails to exercise any right or remedy against OCSD, that alone shall not be construed as a waiver of such right or remedy. All remedies of any Indemnified Party against OCSD are cumulative. 3A 3:3--Rules of Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. All headings appearing in this Agreement are for convenience only and shall be disregarded in construing this Agreement. In this Agreement, the word "person" includes any individual, company, trust or other legal entity of any kind. The word 11 include(s)" means "include(s), without limitation," and the word "including" means "including, but not limited to." When the context and construction so require, all words used in the singular shall be deemed to have been used in the plural and vice versa. Every provision of this Agreement is intended to be severable. In the event any term, provision, section or subsection of this Agreement is declared to be illegal or invalid, for any reason whatsoever, by a court of competent jurisdiction, such illegality or invalidity shall not affect the other terms, provisions, sections or subsections of this Agreement, which shall remain binding and enforceable. M 3:4-lntegration: Modifications. This Agreement (a) integrates all the terms and conditions mentioned in or incidental to this Agreement, and (b) supersedes all oral negotiations and prior writings with respect to their subject matter. This Agreement may not be modified except in a writing signed by both IBC and OCSD. ::GDMA\PGDOGS\QQGS\18964 Q\~VersieR: 8.'17/-2QQ4 1 : 39 PM EXHIBIT 7=============-3- 3.5 Miscellaneous. OCSD's obligations under this Agreement shall survive the transfer of the OCSD Property by OCSD to IBC or any Indemnified Party. The provisions of this Agreement shall bind and benefit the heirs, executors, administrators, legal representatives, successors and assigns of OCSD and the Indemnified Parties: provided however that OCSD may not assign this Aareement. or assign or delegate any of its rights or obligations under this Agreement without the prior written consent of IBC jn each instance ::OQMA\.°CQOCsmocs\109649\3\leFsieR: 8/17/2QQ4 1 :39 PM EXHIBIT7 ~- ; .. anEt the lnEtemnifieEt ?arties; f)roviEteEt, ho•otfever, tf:tat ocsg may net assign this l\greeFRent, er assign or Etelegate any of its rights or oeligatiens l:lneer this l\greeFRent, withel:lt the prior ¥.'Fitten Gonsent of 18C in At:anh inJ::t:mnA_ OCSD: ORANGE COUNTY SANITATION DISTRICT By: Name: ~~~~~~~~~~~~~~~~ Title: ATTEST: ~ Name: ~~~~~~~~~~~~~~~~ Its: APPROVED AS TO FORM: By: Thomas L. Woodruff, Esq. General Counsel ::OQ~".A\PCDocsmocsi.1 oea49\3\lersion: 8/17.l2QQ4 1 :3Q PM EXHIBIT 7 -5- EXHIBIT A Legal Description of OCSD Property An easement for sanitary sewer purposes over, along and across the following described property: That portion of Lot 171 in Block 54 of the Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 1, Page 88, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the Southerly line of the 100-foot right of way of the California State Highway ORA- 60-B, said point of beginning being at right angles to engineer's station, 7+95.46 in the centerline of said highway; thence South 15° 38' 30" West 44.00 feet; thence North 74° 21' 30" West 34.00 feet; thence North 15° 38' 30" East to an intersection with the said Southerly line of the State Highway; thence Southeasterly along said Southerly line to the point of the beginning. ::ODMA\.r;zcgocs\QOCS\189649'~\'ersioA: 8.'17.'~004 1 :39 PM EXHIBIT 7=============-6- Bushard Community Relations Report From July 1, 2004 to August 20, 2004 Prepared by: Communications Services Division August 25, 2004 Orange County Sanitation District Bushard Trunk Sewer Replacement Project August 2004 Community Relations Report From July 1, 2004 to August 13, 2004: 2 Notifications • Bushard Street work between Yorktown Avenue and Bass Drive for approximately 2 months -July 15, 04 • Bushard closure from Drumbeat to Hamilton for two months -August 2, 04 4 Letters • Invitation to neighborhood meeting, dated July 1, 2004 • Damage claim process update, dated July 9, 2004 • Summary of July 15th neighborhood meeting • Invitation to neighborhood meeting, dated August 4, 2004 2 Neighborhood Meetings • July 15, 2004, Sowers Middle School, Project Update • August 19, 2004, Huntington Christian School, Project Update 4 News Articles (all by Blythe Bernhard) • July 1, 2004, Huntington Beach Wave, "Southeast's pipe nightmare" • July 1, 2004, Fountain Valley View, "Residents fed up with sewer project" • July 9, 2004, Orange County Register, Residents 'frustrated' with sewer project • July 14, 2004, Orange County Register, Our Towns section, Huntington Beach Pipeline Project 8 Weekly Updates • July 2, 2004 • July 9, 2004 • July 16, 2004 • July 23, 2004 • July 30, 2004 • August6,2004 • August13,2004 • August20,2004 STARTING: DURATION : WHAT: WHERE: CONSTRUCTION NOTIFICATION July 15 , 2004 Approx. 2 months Road Closure for Bushard Trunk Sewer Replacement Project Bushard Street and Yorktown Avenue Intersection GARFIELD AV z I ..... : I w z i ~ ! ! I I I _ --I VEl.NIDODR I .-----__ .. ____ _ ~~-·-· --- l R~~ I I z ! i l ~ I--"-. ----· !t YORKTOWN AV I !~l ~ \~ -· ..... I N Tl "' \ I I I I ' I ' i --------------, FLOUNDER OR I f--------~~ ~ ~-T -, z ~1 I . ~ ii:: ' ! ; ~ This construction is part of the Orange County Sanitation District's (OCSD) Bushard Trunk Sewer Project which is replacing a major, aging sewer pipeline. Please be assured that OCSD has planned construction activities in a manner that w ill minimize the impact to you. While construction is at the intersection, detours will be provided and clearly marked . There will be two phases of construction at this intersection. During Phase I -Bushard will be fully closed to traffic between the Yorktown Avenue intersection and Bass Drive inte rsection. Velardo Drive, Flounder Drive and Ronney Drive w ill be closed to both incoming and outgoing traffic : Traffic comi ng from Yorktown Avenue will have access to and from the neighborhood via Waterbury Lane and Salmon Lane. Traffic coming from Garfield Avenue will have access to the neighborhood via Bass Drive, Pauline La n e and Bluefin Lane. These closures and detours will remain in p lace 24 hours a day . T raffi c traveli ng both east and west on Yorktown will be a bl e to continue through the intersection, but turns onto Bus hard wi ll be restricted. The second phase of this portion of construction will begin in September 2004 . An additional notice will be distributed prior to the start date and w ill provide specific details. Construction is schedu led to occur weekdays from 7 a .m . to about 4 p.m. Occasionally work may continue past 4 p .m. but will be confined to the c losed areas. When crews fini s h each da y, any open trenches will be barricaded or fenced. The safety and we lfare of our resident s is a priority to a ll of us at OCSD . If you have any questions, please call the Construction Hotline at (7 14) 378-2965. For further information about the project, or to sign up fore-Subscription to get regular updates , please visit our Web site at www.ocsd .com, under Information Center, and then click on Construction. Again, thank you for yo ur patience during this pe riod. STARTING: DURATION: WHAT: WHERE: Orange County Sanitation District CONSTRUCTION NOTIFICATION The week of August 2, 2004 Approx . 2 months Road Closure for Bushard Trunk Sewer Replacement Project Bushard Street between Drumbeat Drive and the Hamilton Intersection 4: HAMILTON AV z :J J: ....., DRUMBEAT DR I-z <( z en ..J ~ LANDFALL DR N This construction is part of the Orange County Sanitation District's (OCSD) Bushard Trunk Sewer Project which is replacing a major, aging sewer pipeline. Please be assured that OCSD has planned construction activities in a manner that will minimize the impact to you. While construction is at the intersection, detours will be provided and clearly marked. There will be two phases of construction at this intersection. This is the notification for Phase I. During Phase I, Bushard will be fully closed to traffic between Drumbeat Drive intersection and Mid-Hamilton intersection. Traffic coming from Hamilton A venue will have access to the neighborhood via St. John Lane and Lehua Lane. Traffic to and from Drumbeat Drive will have access via south Bushard. These closures and detours will remain in place 24 hours a day. Traffic traveling both east and west on Hamilton Avenue will be able to continue through the intersection, but turns onto Bushard will be restricted. The second phase of this construction will close Bushard starting at the northern part of the Hamilton/Bushard intersection up to Panacea Drive. An additiona l notice will be distributed prior to start of the work and will provide specific details. Construction is scheduled to occur weekdays from 7 a .m. to about 4 p.m. Occasionally work may continue past 4 p.m. but will be confined to the closed areas. When crews finish each day, any open trenches will be barricaded or fenced. The safety and welfare of our residents is a priority to all of us at OCSD. If you have any questions , please call the Construction Hotline at (714) 378-2965. For further information about the project, or to s ign up fore-Subscriptions to get regular updates on projects near you , please visit our website at www .ocsd .com . Again, thank you for your patience during this period. phane: C714J 962-2411 fax: (714) 962-0356 www.acsd.com malling address: P.O. Box 8127 Fountain Valley, CA 92728-8127 street address: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Member Agencies • Cities Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Besch Irvine La Habra La Palma Los Alamitos Newport Beach Orange Placentia Santa Ana Seal Beach Stanton Tustin Villa Park Yorba Linda :aunty of Orange 11nitary Districts Costs Mesa Midway City Water Districts Irvine Ranch ORANGE COUNTY SANITATION DISTRICT July 9, 2004 Paul Wilson 21151 Chubasco Lane Huntington Beach, CA 92646 Dear Mr. Wilson, In response to the community, the Orange County Sanitation District (OCSD) and Rados, Inc., have obtained a third-party adjuster to evaluate your property for damage allegedly caused by the Bushard Trunk Sewer Replacement project. The third-party adjuster may have or will be contacting you shortly to inspect your property and re-visit the damage complaint that was filed. In addition, please fill out the attached claim form and return to Risk Management, attention: Bob Geggie, at P.O. Box 8127 Fountain Valley, CA 92728-8127. We encourage you to return the form at your earliest opportunity to ensure prompt handling. Should you have questions regarding your claim please contact Bob Geggie, Principal Accountant at (714) 593-7553. For further questions regarding the Bushard Trunk Sewer Replacement project please contact the Construction Hotline at (714) 378-2965 or visit our Web site at www.ocsd.com, under Information Center, then click on Construction. Thank you for you time and patience during the construction period. Sincerely, Jennifer Cabral Public Information Specialist JC:lm H:\dept\admin\ 130\Construction\Bushard\Complaints\Resident Claim Letter.doc Enclosure c: Larry Rein, Project Manager Tod Haynes, Engineering Supervisor Mike Bock, Resident Engineer Mike White, Controller Bob Geggie, Principal Accountant Ta maintain world-class leadership in wastewater and water resource management. July 1, 2004 Dear Resident, The Orange County Sanitation District (OCSD) would like to apologize for any inconvenience you may have experienced due to construction of Bushard Trunk Sewer Replacement Project. We are fully aware of the situation and would like to supply you with a summary of what has occurred, and to provide you with the current status of the project. In addition, we would like to invite you to a community meeting to give you up-to-date information regarding the project, and to address any questions or concerns you may have. Because the project area is so large, we will have three separate meetings. You are invited to the first meeting which will be held Thursday, July 15, 2004 at 6:30 P.M. Please join us at Isaac L. Sowers Middle School at 9300 Indianapolis Avenue. OCSD representatives will be on hand to explain the project details. SUMMARY The Bushard Trunk is a major sewer line that serves the cities of Fountain Valley, Westminster, Garden Grove, Stanton, Fullerton and Buena Park. The existing 54-inch pipeline is being replaced with a 108-inch pipeline, to provide additional storage and sewage capacity for the growing communities. This project began in September 2002. The installation of the 108-inch pipe began at Plant No. 2 in December 2002, proceeding up Brookhurst Street to Banning Avenue and then up Bushard Street. Several delays associated with the proposed 108-inch pipe have been encountered throughout the course of work. However, since resuming work on Bushard in early June 2004, installation of the 108-inch pipe has been progressing as scheduled. STATUS Construction is complete in the Bushard/Adams intersection. This work started in November 17, 2003 and was completed June 23, 2004. Work is currently taking place on Bushard, between Banning Avenue and Drumbeat Drive. This work began the week of February 5, 2004 and should have been completed in early May. However, due to problems associated with the 108-inch pipe, the work was delayed and is scheduled to be completed in August 2004. OCSD will continue holding neighborhood meetings and providing construction notifications as the project progresses. In addition, there will be weekly updates posted on our Web site at www.ocsd.com, under Information Center, then click on Construction. To receive regular updates through e-mail on projects near you, please take advantage of our a-Subscriptions available on our Web site. Please join us on July 15, 2004 for further information about the Bushard Trunk Sewer Replacement Project. Thank you for your time and patience during this construction period. Jennifer Cabral, Public Information Specialist (714) 593-7581 phane: (7141 962-2411 fax: (714) 962-0356 www.acsd.cam mailing address: P.O. Box 8127 Fountain Valley, CA 92728-8127 street address: 10844 Ellis Avenue Fountain Valley. CA 92708-7018 Member Agencies • Cities Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grave Huntington Beach Irvine La Habra La Palma Las Alamitos Newport Beach Orange Placentia Santa Ana Sea/ Beach Stanton Tustin Villa Park Yorba Linda :aunty of Orange 1nitary Districts Costa Mesa Midway City Water Districts Irvine Ranch ORANGE COUNTY SANITATION DISTRICT July 23, 2004 Dear Resident, I would like to thank you for taking time out of your busy schedules to attend the neighborhood meeting on July 15, 2004. I hope it provided answers to your questions and concerns associated with the Bushard Trunk Sewer Replacement project. I have enclosed a summary of the meeting, stating what was discussed. The summary also includes some of the questions and comments that were either not completely answered or that staff did not have the answer to. As a token of our appreciation for your patience during this construction period, we have enclosed two car wash vouchers for Beacon Bay Detail Center. A brochure with locations is also included. If any questions or concerns arise throughout the remaining portion of the project, please call me directly at (714) 593-7581. Thank you again for your patience during the construction period. Sincerely, Jennifer Cabral Public Information Specialist JC:lm H:\dept\admin\130\Construction\Bushard\Neighborhood Meetings\Project Update General Meeting\07 .15.2004 _ Mtg 1 Swnmary Sowers_ FINAL.doc Enclosure c: Blake Anderson, OCSD General Manager David Ludwin, OCSD Director of Engineering Robert Beardsley, City of Huntington Beach Director of Public Works Joseph Dale, City of Huntington Beach Contracts Administrator Cathy Green, Mayor of Huntington Beach Ta mamtain world-class leadership m wastewater and water resource management. Bushard Neighborhood Meeting July 15, 2004 Summary Sowers Middle School The Orange County Sanitation District (OCSD) held this meeting to provide information regarding the status, schedule, cause for delays, and most importantly, to hear concerns and possible solutions to the current status of construction in your neighborhood. There were a total of 15 residents that attended, along with: City of Huntington Beach representatives Joe Dale, Contracts Manager Gil Coerper, Council Member OCSD representatives Larry Rein, Project Manager Mike Bock, Resident Engineer Raul Cuellar, Resident Engineer Jennifer Cabral, Public Information Specialist The meeting began at 6:40 pm with an introduction by Jennifer Cabral of both city and OCSD representatives. Jennifer apologized for the inconveniences associated with the project, and announced the importance of the Bushard project. Jennifer went through the OCSD Web site (www.ocsd.com) and the process on how to sign up fore-subscriptions and also where to go to view all outreach documents that have been published for this project. Jennifer gave an overview of the project and the delays that have been encountered and then opened the meeting for questions for the project team. It was explained that the reason for delays was the joints of the pipe manufactured by the contractor's supplier are too tight, which has caused fractures in some of the pipe joints. The project team indicated that when OCSD became aware of the hairline fractures in the pipe, the job was delayed to find solutions to the current situation. Although the cracks are small, and do not pose any threat of leakage or breaks, they are not acceptable by OCSD standards. Following the explanation, the Q&A session began; the project team took turns answering questions. Jennifer Cabral concluded the meeting by thanking all those who attended for their time and bringing to OCSD's attention all the issues involved with the project. All attendees had the opportunity to ask questions during and after the meeting. Most of the questions regarded very similar topics. • What are the impacts from dewatering for such a long period of time? • How long are they going to be in this area? • Are you installing pipes that are damaged? 1 Once the meeting concluded, attendees had the opportunity to personally discuss with OCSD staff their individual concerns involving the project. City staff was also available to answer questions. As people were leaving, they thanked OCSD staff for the meeting. Below is a list of questions and/or comments that needed further information or was not available at the time of the meeting. Clarification of information that was provided: Mike Duvall, OCSD Board representative for the City of Yorba Linda is on the Finance and Human Resource Committee not the Planning, Design Committee. Mr. Duvall receives monthly updates regarding the Bushard Trunk Sewer Replacement Project through Board Agenda packets. Question: What is the Public Statue of Limitations, and when is the exact date to file a complaint? Answer: For property damage, the statue of limitations is one year from the date of discovery of the damage. Question: Is there any type of analytical report that was done before all this project which compares the impact of the process, adequate infrastructure in Huntington Beach, etc. Answer: In 1999, OCSD completed a Strategic Plan that evaluated the overall District sewage system and made recommendations regarding the Bushard Trunk Sewer. There was also a preliminary design report and a geotechnical report that was done as part of the design process. None of these reports specifically addressed the City of Huntington Beach developments that this question was partially referenced to, however, these developments are not in the service area of the Bushard Trunk Sewer and had no effect upon its design. Question: Is OCSD self insured or additionally insured? Answer: As part of the bid requirements, Rados was required to provide $5,000,000 of general liability coverage and to name the District as an additional insured. In addition, the District has outside general liability insurance coverage up to $25,000,000 with a self-insured retention of $250,000. Question: Can OCSD give us anything in writing that will state that if we settle, if something else occurs, we will not be held responsible to pay, OCSD would? Answer: If the District provides a settlement on a claim, and a subsequent damage event occurs, a new claim would have to be filed that would follow the same process as the original claim. Question: Can you give us something in writing that says we don't have to disclose these damages when we go to sell our homes? Answer: The District does not have the legal authority to absolve a property owner from having to disclose property defects on the sale of real property. 2 Question: We would like to have random tests of soil and settlement done. Answer: OCSD will review the testing currently taking place with the geotechnical consultant and determine the need of additional testing. Question: What is this Geo-technical study going to cover, and when will it be available to the public? Answer: The geo-technical report will cover dewatering and concerns regarding ground settlement and ground vibration concerns. The report is expected to be made available to the public in about two months. Question: The water that has been pumped out of certain areas, will it ever come back and why can't you just pump water back into those areas? Answer: The ground water is expected to recover without needing to pump water back into those areas. OCSD and our geotechnical consultants believe that due to the comparative volume of ground water being removed to the overall aquifer volume and the aquifer characteristics, the recovery rates should be fairly consistent. There are seasonal variations in the level of groundwater. Through inspections, in most locations the groundwater has already recovered up to 90 percent. Question: When will the medians be replaced at Adams? Answer: This work will take place by the end of September. 3 August4,2004 Dear Resident. The Orange County Sanitation District (OCSD) began the Bushard Trunk Sewer Replacement project in September 2002. The main pipe installation of the project has been delayed due to some hairline fractures inside the pipe. You may have noticed and/or received notifications regarding other work that needed to take place prior to the large 108-inch pipe being installed. This letter is to serve two purposes. First to let you know the pipe installation has been progressing and is approaching your neighborhood. Secondly, OCSD would like to invite you to a Project Open House to discuss the need for the project and what can be expected during the construction activities. Because the project area is so large, we will have three separate meetings. You are invited to the second meeting which will be held Thursday, August 19, 2004 at 6:30 P.M. Please join us at Huntington Christian School at 9700 Levee Dr., Huntington Beach. PROJECT SUMMARY The Bushard Trunk is a major sewer line that serves a large area of Orange County. The existing 54-inch pipeline is corroded and being replaced with new 108-inch concrete-reinforced pipe, to provide increased system capacity and wet weather storage for the growing communities. The new Bushard Street pipeline extends from the intersection of Banning and Brookhurst in Huntington Beach, approximately four miles to the intersection of Ellis Avenue and Bushard in Fountain Valley. The pipe installation began at OCSD Plant No. 2 in Huntington Beach in March 2002, proceeding up Brookhurst Street to Banning Avenue and then up Bushard Street. Several delays associated with the proposed 108-inch pipe have been encountered throughout the course of work. However, since resuming work on Bushard in early June 2004, installation of the 108-inch pipe has been progressing as scheduled. STATUS Currently, construction is taking place in two locations. The first location is on Bushard between Banning and Drumbeat. This work began the week of February 5, 2004 and should have been completed in early May. However, due to problems associated with the 108-inch pipe, the work was delayed and is scheduled to be complete the first week of August, 2004. The second location is at the Bushard and Yorktown intersection. This work started July 15, 2004 and is expected to be complete the first week of October, 2004. OCSD expects to close Bushard from Mid-Hamilton to Drumbeat Drive at the beginning of August, 2004. OCSD will continue holding neighborhood meetings and providing construction notifications as the project progresses. In addition, there will be weekly updates posted on our Web site at www.ocsd.com, under Information Center, then click on Construction. To receive regular project updates through e-mail, please take advantage of our a-Subscriptions also available on our Web site. Thank you for your time and patience during this construction period. Jennifer Cabral, Public Information Specialist (714) 593-7581 Biiiiirnr.mfic= •CALENDAR/PA GE 12 •BILL BORDEN/PAGE 9 • CITYSCAN/PAGE X a MAILBOX/PAGE 8 ---·-------·-.PO LICE BLOTIEIVPAGE -4 a SPORTS/PAGE 17 ----·-.• An Orange County Register Publication The Wave Rookl It 's a che ss c a mpl/5 www.ocreoister.com/huntinoton Huntin g-ton Beach JULY 1. 2004 Zone 6 4 Fired up Volunteers , police are ready for t he crty's 1 OOt h J uly 4 p arty By ZAHEERA WAHID The Hunttng1on Buch w..,., Pat Stier spent the W\-'ek nm· ning around, putting final touches on the ciry's IOOth and Jari:cs 1-ever July 4 celebration. .. I tlunk wc"r c bener off than las! year, .. said Stier. chairwo- lTUUl of the Founh of J uly llonrd . Tho~ds of people a rc cx- pt.'Clcd to flood lhe clly on Sun- day in anticipation o f the firs t beach fireworks show in the ciry in more lh11n JO years. fu lice arc rc•pcm<ling to lhc ful l-day celebrJ tion by ratc het· ing up <.-nforccmenr to keep • lid on pott"fltiid troublemakers. "We don't know if !here's go- ing 10 he 5,000 pt.-op le or S0 .000 ... Police Chief Ke nneth Small said. So the police department v.~U deploy virtually every sworn officer -220 of lhcm -to patrol the afrcm oon and e vening e vents. About 78 officers from the Orange County Sheri/r s Department and the Cnlifomia l!oghway Pntrol will alro help wr!Jer in lhe day. ""The f ireworks kind of threw a whole new dynamic into c v· e rything,00 police LI. Craig Jungingcr said.. "We anticipa te for lhc huge crowds, but lhen if !h ey don't come, then we're go- Police deployment Hunllnqton Btdch polK• wtll iro!lfn PCH altor Ille mo1n1nq i>Jrddf and •111 bloc< lne strrrl dO••n dur.nq lht hrt worb show Somt 220 HunllrlQlo n Buch pohct otl1ctrs filll br on outv 1n tht Jlttrnoon •nd tv'ninq O PoUc t N rrludu PMtn An . cf~ ~ HUNTIN GTON ,,,.,,.lv._ '\ j P«'"A"·;X BEAC H . Cntrr-E Or-Aw . ::; to"'ttl OllvtA". ! l'HSh ..,., L ...... ~ ........ <> ................... .i... .. r .. ::.~: .......... ~:m·:'l •on1.u"""~ L Soot-odl>Clftrllllc $tdloootrClf doM4 Mton :?!1, _,,.. t o GoWt awtl ""tiwi flr.-ts dtsplrt -l'CJI lt•lflc SourcnfUt C.OT .. CoUmists CrCy CtOss and Sim Cohen glv9 their tip!: f0< on· joyV1g 1t>e day's OC!Mtios. P-8 . MORE Q OMLIN[ Chock www.ocreglstor.com 10f covomgo of July 4 nctMt10:. tt~t. w ookond. ing to be OK ... Last year. the dty canccl<.-d the fireworks show !x'CJluse of work be111g done on the Hun- tinj.,'lon Be<1ch High School f ield, w here the •how had tx-en held fo r seve ral years. Police will be on lhc lookout for illegal fireworks on the beach and P<-'<lplo sncalong nl· coho! onto the beJoch. The day of event s includes a SK Run, children's fnir, parade. a disc jockey al the beach, flftrtt4 to -· n..-ts W.. ----- Tht RtQhtt1 games, conte.<ls Md lhc $100,000 firewor k.• s how . The commintt hns m ised a bout $270,000 o f their $J25,000 budget and cxpecls to rai"" the rest o f t he money in time for the big celebration. Volunwers have been s elling holiday T-shirts, kcyc hains, le is. and oohcr items nt City Hall. And Albensons and Wal-Mart have nlso stocked some or the commemorative mcrchandi.o;e, Stier said.. The committee nJi;o expects to ruisc nbout $1 00,000 from lhe sale of nckets to a par1y on the pier . The $50 tickets buy a reserved seat on the pier for the firewo rks show and dinner p rovided by Ru by's, ''This is m y 10th year on the board and I've neve r fel l this before, .. Stier snid. "We're aJJ r eady. We want to go. We want to h.i1Ve fun." Independence Day In Surf City IO Ot11u .... 1 fourth t i J iily Porodt Theme: ,00 YNri. cl Tradition~ En trlts: 331 Com munity qr1nd mush.al: 0dlr Dunn. l9·yt« tt!.•dtnl of Hun11nq 1on Buel\ pm1dent. Count1I on Aq1nq: 4B·yur mrmbor of Rotary lnttrnat101 1al and tonQl1mr vo lunttN. Ct ltbrlty qrtnd m1rsh1J: Jtll'f Mdlhtr\ ol ·l uve II To Beavr r" Spt<lol qutsts: Go<don Cl.!1>1> from "NYPO B!J<". formor 01ymp1c qymna 1t Cath y R1qby fnl orm1tlon: (71 4) 374·1515 lln.,.i-t l llt "°f Yortt°"" " A,.. : HU NTINGTON : BUCH : O.y An . : W.utlc1 Aw. §:i_ : 5 l rw :rothtnlioll Sttth prilnq loti 1Ur acet\\1btr di ~ § 111. 6lh •nd Hunflnqton sfrttt> Co11 • SIS !01 lhe ddy. , tlllNcbtn 6 to 10 Lm.: Pd nCd ke b< .. kt.,1 h01ted ,. bythe Kiwani 1Club•l l•k•P01k.L•ke o/ ~.,. ~ nthSI. <>-i •nd lllh 11r .. h Coil SS .f' ~ ... , 'I! l _L 6 L m.: RtQ t\lrdhon \tlflS for the Sutt 4l' ""'..,"' ~ Plrtelh City SK Run and C.Po •l !he corner of .fl ..,._ ~ lluUm~~-lln1Uut Moin •nd 17lh 1lrW1 _'<I, L_.0- 7 a.m .: Raef slarh for Hunltnqton ,,,.."'$' ~" -t"~ . :. Buch ruidena. .... 8 a.m.: Open ••<r bpq 1n1. ".-;,_ : 8:30 1.n1.: SK ,11ontr 1un >lar1' "'"!! 4~ 4 9 1.m.: Kids run s s1a1t. • 'Iott 10 a.m. to noon: fourth ol July Pdt•de. "\. "'I! •. I p.m.: Chlldrtn·s fun 1ont opens w1lh (i) .,~ ~· ,. ......... ~~-~ ~ S p.m.: Pitt clom ~~ CIN,.,....., 6 p.m.: VIP P,utv on the pier. lncl udts ~',, ....,,,,,,,. ' I• Z~• resuvrd stats for l 1rt wo1h sho w and P1r1il• '~W dinne1 from Ruby's. Cost· SSO 1t•rt1 11 o-j'i.< dtt11 8:4S to to p.m.: PCll closto to t o 1.11. 11 5 J.•. mcom1nq tr.itf1c 9 p.m.: firtwOfkS Show lrom btUQt Ofl COdSI Southeast's pipe nightmare Resi den ts are f ed u p with sewer p roject that h as t om up streets and is still a year behin d sch edule. JY IL YT'HE BEAMIAllD The Huntington Bt.xh Wa~ Jeff Phillips moved to southeast Huntington licach tn 2002 to rai.-;c hos family in a quiet ncii:hborhood \\'llh clc;m ni r ond i:•>C>d schools. Three m onths lutcr, !he Orun~c County ~1n · il;i lioo Dis trict swncd constroc1ion on u sewer line projc-ct that ha.' brou>{ht du:i;t, smcU:-i, nnl~ and even rats to the neighbor hood. Th: $.19 million proj~'C1 was sup- posed 10 be completed in Morch 20!>1. but 7S percent of th e work remain.•. Ptullips , a sc:n.'Cllwritcr/pn•luccr who works from ho me, said It's like "li vin~ neX1 ton None Inch Nails con· cen t h:.1 never ends." The d i.mi t1 is replacini: a 54 ·inch undergrowod sewage pipe!Jnc in· stalled on 19:;.! wlfh a 9 ·fool p ipe that trnvels fn1m the ocsn plant on Brookhur.;t Strt. .. 't!I, across H•uming Avenue Md nonh on Bus hard Str.'t'I lo anolhcr plant on rnL< Avenue on Founr ru n Valley. Offici:ol< told n:sidcnL• nt an OCSD board mcclin~ last W<.'ek th:it delays in ronstructlon were cau.o;ed by c racks in lhc pipe's joinL< and tho! the projed should be f111i.<h<.-d by the end o f 2005. "lhl< is a real niRhlmarc. I can IL<· >'Ure you if !here had bct:n a lL'Chnic;J! or f111Mcir1l solution to this we wo uld lwvc dis<:ovc red it. .. smd Blake An· der.:on. ()('Sil R•ncral manager. "We do n't h:ive the cas e cra c ked. We do not have ~ solut ion with the contractor o r the pip<.• manufocturcr ttl tho.s time.'' When thr projc'Ct s Lmcd. aboul 10 Please see S EWER I Page 3 . : '.C4eck out the ·new and improved HB Wave Web site, . full of ·special · features: www.ocregister. comJhuntington Century of snapshots BY Bl YTHf BERNHARD Th• Hunt ington Beach W•vc For r esidents who remcm· llcr the !led Car, the C:olden Rear and the End Cllf~. a VlSit to the llun11ni,'lon lknch Art Center's new exh1b11 ,.,u be: nostall(ic. For tho.o;c who don't r emember the tram Cltr, the nightclub or the res taurant, a visit will be educ<Jlional. "Moments in Time: A 100.Year llL.iory of lluntmg· ton Bt:ach" lS on display through Wcdncsdlly. Old year- book.•. surfboords, CMS and hundreds of photO.'! were loaned by longtime residents for display. There's even o ycl· lowm~. pockct·sizl."<I Thomas c;uidc. Uocing, which has a long lustory m the city, lo.vied a moon vehicle. "The 1:rcat plca.o-urc in t hi$ is watching our visitors find their fannlics ' back~rounds 011 d is- pmy," SDid Center n1rcctor Kn tc Hoffm.;m. "H's struck a chord for everyone cornmg through here." The cxhibi t is grou~d by subjc"<.'I, including Hunllni,'lon Reach landmurk.<, •thlctc:> and celebrations. One wall is COY· ercd 111 concert posters and uckct stubs from the Golden llear, wlu ch w a.< bwlt in 1926. Tilc club w40 tom down in 191!6 to make wny for redevelop- ment projects. Two ears arc p;trked m the Center, one from 1920 thllt is still functional, and• t urquo15e Woody with the cu:nomary wooden sideboards. The historical display i.• n first for t he Center , which usu· ally show s contcmporury a n . "Tlus exhibit is important bec.>use it's n reflection of this community, where it's been, when: ll i.• and hopefully where we CIUl take ii in the future," Horr= said. A group of students m rh c Center's art cwnp stopped by to look a t the e xhibit. "! rhink ir's really cool how au the things nre from the pa..c and from the h ist ory of orhcr people, hke when the pk..-fell down," said N ick Ncfrony, 9. Photo by STARR BUCK/Tht W1vt Huntington Beach Art Center Director Kate Hottman in the Arne<ican hpreu gallery Surf City exhibit. ·-In T'me: A 11)().Y-History of Hun1lngton a..ct.• When: HunlWlQICn Bo:lcll M Centu. 538 Man St. Wlw<1: lM>ugl .>Jy 7 Nat Exhibit "Thngs Hoppon n Tln>m." a cdectlor1 of worl< t>f Prul Frnni<. July 17 trroug/1 August 7 Houn: w~ tlYougll Satutlay, noon to 6 p .m. Sund:Jy, noon to 4 p .m . (cioood July 4) Closed Mond:ly and TUlllSd:ly nfmNUon: (71 4) 374-1650 'The siudcnts nlso n.-cognized the educational value o f their visit. "Sometimes in your life you have to wntc a paper or some· thing and you hllvc to liw:n Cllrefully," 5'1id Mclwa Pa.'liz, 6. Q&A: The art of history "MOlllUltS in 1Unc: A t()().Ye<ir Hi.,1011• or l·Iwitlni:too Hc.x:h" is on cfu-play 111the 1 fwi- tingtnn Beach Art Center through July 7. The exhibit m· eludes cars, surfboonls, ycar- bcxlks, conccn ~= and hun- dred.• of hi.-.wnc.al phologruptu. of the city's landmarks, n:si· dcnis Wl<l scrncry. 1hc cuircr's din."<.'lor, Knrc H off=. Ulkc<l to wu,·c rt.'POf1· L'T Blythe f.lcmh;trd uboul the cxlub1r, the CCJUcr and the c it)·. How did )OJ bta>fne ~ wilh the art <e<>trr7 An is my pn:vailini: P'L"-'IUl. thl'TC's no qucsuon uhout it It was an opponwury to tnl<c an organization that WlL' ywni: and l(?UWinR and make ir into snmc• thinjo:. Wlal is tho best patt ilbo<JI your job7 What 1 kJVt: is wotchmi: pc<> pie m jo)' thcmscll'es here and frclini: like we 'v e Crt:ollt."<I u f:un ~)'. I low ""Jtchtni; the or1::.nv"1 · rioo grow. We ..., cvcr;'nllC (rum a 4yc.ur-0ld 111 u cl."\.'i.o; to our hi.'1onans. "lllcrc's a ;-park, a joy that kicks in when they an: involvt.-d in our prt)f;,'rd/llS. MORE 0 ON L INE lo tt:tad tho unt1ro intoMOw· www.~lstor.co m/hunting · ton The view from a home backing up to the sewer construction that continues along Bushard Street between Hamilton and Banning avenues. SEWER From page t percent of rhe jomr s connc"Ct · inR the p ipes cracked, c.t1usmH work stoppu~es. Smee work n:· sumed m June on rnoclif1ed joints, less tluln I pcrc.:nt have cracked, according t o Duve Ludwin, OCSO's dITT.'Ctor or en· ~eetinK . ~:tcis tinR cracks wen: filled with a resin s tron· gcr th<Ul concrete, IAJdwin snid. The construction comp.my, Steve Rados. also lwd o JG-foot pipe for OCSD near Talbert Marsh in the early 1990s, nc · cording t o !Wdos' Division Manager Michael Giglioni. "We HrC hones tly pcrplctcc-d nt this IL'Chnicid pipe problem," Giglioni said. "We've never in our history cxpcncnced a problem l ike thL• before." !{ados ha.• oh>0rbcd rhe odd1· tiO!Ull costs -millions o f dol· Jars, •ca>r ding tu Gigliotti -of the dclayc."<I project. "We don't believe it's Hodos' responsibility that we've had to cat the:le costS" he 5aicl. "We may or nwy n ever get relieved r rom those cust s ." Severn! strt..'<!IS IC<lding to housing tracts o ff Uuslutrd he- twct.-n &lnninR and Hamilton •venues have been closed o ff fur more than n yc::ir bcclluse o f the construction. In o memo sent to re5idcnts in September 2003, OCSD officials said all roads lt<'ldi1111 ro the n:sidenri..11 tracts would reopen by Oct . .ll, 2003. 'They've clos<."<I our street s orf and kept u.• pnsoncr in our own tracts," Laurel Sobie suid. Construct ion should be pa.1t llamilton and those s ln.'<!ts shoul d n.~1pcn in IO Wc'<!k.1, offt · cials said. Some 42 residents h.wc filc<l msurancc claims for darruii:es to t heir homes "It is the contractor's n.~ sponsibt11ty," IAJdwm said. "If (the clrum is) denied, the snn- natinn district has committed t o looking :ir 1r. If we bd1cvc 1t L< d:im;ii:c (f rom the uiru.truc· More nform:itlon. Jennlfor Cabral. ocso public lnfomiatlorl (714) 593-758t To""° n map of tho project's progrcM' www.ocngls- h< .comlhuntinvton lion) WC will take care Of it." Two clrurns have been Set· tl<.."<I, and Ludwm sn1d an indc' pcnde.nr inspector v.i ll be hired ro look 111 the res t of the cl11ims. Rados h<l•n't completed its claims inves t igations , Giglio tti Sllld. "H we've drunaj:ed a home, wc'n: goin,.: co repafr 1t1 " Gi· i:honi 5'1id. "Wc"rc genuinely concerned bur we JUst have to be sure that we in fuct caused and c rcmcd rhc problem." Phillips p;ud $1.600 to repair 11 p lumbini: le11k in hlS home's foundation rhllt he thinks wa• cau.'ICd by the v1brutioru of the construction. "We no longer need ulanns, everybody gets up ut seven," Phillips snid. Residcnt3 also said they were concerned about childrc-n pln\'inR in the cnt.\'lntctlOll ar· ea. rotted pipes 1cn ovemii:ht behind their homes, idlmg trucks and Wl't."<I overgrowth. The d igi,~ng has unearthed flies, mosquitoes, ants and rnts rhm found their wai• in to yurds and homes. they said. OCSO offic:sal.s said they nre doing the best they e<m to deal wit h residc.nts' C<l!lCCms. 111e y hired a security 11uurd L'lSt week t o keep children and sk.1· rcboardc rs off rhe COl15tructiun equipment. Plt..'Ct!S or old pipe will be rcrnovt"<I the same d:1y t hey an: takc11 out of the i,TOuncl. Ttucks ,.;u be n:· quired to shut off rhcir cni:incs instcod of idlinR. and Wt'<!d~ h.wc been removed r rom the sidewalks. Residents smd they arc also worric"<I about the cffc'Cts of ),'l"Oundwatcr bcini: sucked out of the con.<tructulll arc;i and wondered if their h omes and pools could sink. l..1)'1111! the PleaS-O sec SEWER I Pogo 6 -I :z: m ~ ,. < m ~ I 3 °' I THE FOUNTAIN VALLEY VIEW Thursday, Ju ly 1, 20 04 Th e Orange County Registe r Residents fE:)d up with sewer project The pipe replacement that has chewed up Southeast H B streets is more than a year be- hind schedule. BY Bl YTHE BERNHARD The Founta in Valley View Jeff Phillips mo\·ed to south- eas t Huntington Beach in 2002 tu raise h.i s famil y in a quiet neighbo rhood with clean a ir and go od schools . Tlu·ee m onths later, the Orange County Sanitation District s tm·t ed con struc tion on a sewe r line p roj ect t hat has brought dust, s m e ll s, noise and even rat s to the neighborhood. The $39 million project was s upposed t o b e c ompleted in :\larch 200-!, but 75 p e rcent of the work r e mains . Phillips , a s cree1w.Titer/pro- du c er who works from home, said it's like ''li\·ing next to a ~i..n e Inc h Nails concert that neve r e n ds." The dis tric t is r e pl acing a S+.in c h underground s ewage pipeline installe d in 1954 with a 9 -foo t p ip e that u·avels from t he OC S D plant on Broo khurst S treet, ac ross Banning A venue and 11011h on Bu s hard S treet to anothe r plant on Elli s A venue in Fountain Valley. Officials told r esid ent s at an OCSD board meeting last week t hat de lays in construction were caused by c racks in the pipe's joints and that the pro- j ect should be finished b y the end of 2005. "This is a real nightmare. I can assure you if there had been a t echnical or financial so- lution to this we would have discovered it," said Blake An- derson, OCSD general man- ager. "We don't have the case c racked. We do not have a solu- tion with the contractor or the pipe manufacturer at this time." When the project s tarted, about 10 percent. of the joints connecting the pipes c r acked, causing wo rk stoppages. Since work resumed in June on mod- ified joints, less than 1 percent have cracked , according to Dav e Ludwin, OCS D's director of engineering. Existing cracks were filled with a resin s tron- ger than concrete, Ludwin said. The construction company, Steve Rados, also laid a 10-foot pipe for OCS D near Talbert Marsh in the early 1990s, ac- cordin g to Rados' di.vision man- ager, I\lichael GigliottL "We are honestly perplexed at this technical pipe problem," Gig liotti said. "We've neve r in our history experienced a problem like this before." Rados has absorbed the addi- tional costs -milli ons of dol- lars, according to Gigliotti -of the dela yed project. "We don't believe it's Rados' responsibility that we've had to eat these costs," he said. "\Ve may or may never get reli eved fr om those c os ts." Several street s leading to h ousing tracts off Bushard be- twee n Banning and Hamilton avenues have been closed off for more than a year becaus e of the cons truction. ln a m emo se nt t o res idents in September 2003, OCSD officials said all r oads leading to the residential tracts would reopen b y Oct 31, 2003. ''They've closed our streets off and kept us prisoner in our own tracts," Laure l Sobie sai d. Construction should be past Hamilton and those streets Th e view fro m a home back ing up to the sewer con- struction t hat con- t in ues in Hunti ng - ton Beach along Bushard Street, be - tween Ham ilto n and Ban ning ave- nues . Ph o to by STARR BUCK f The View s hould reopen in 10 week s , offi- cials said. So m e 42 r esid ents have fil ed ins urance claims for damages t o their homes. "It is the contractor 's r e- spons ibility," Ludwin s aid. "I f (the claim is) denied, the san- it a ti on district has c ommitted to looking a t it. If we believe it is damage (from the construc- tion) we will take care of it." Two c laims have been set- tle d, and Ludwin said an in de- pendent inspector will be hi.red t o look at the rest of the claims. Rado s has n't completed its Pleas e see SEWER I Page 18 SEWER FROM PAGE 5 daims inve s tigation s, Gi - cili otti said . '·If wc\·e da maged a home, v:e're going t o r e pair it ," Gi- giiot ri sa id. 'We're genuinel y concern c <l but \\"t! just ha\'e co be sl.'r c that we in fa ct cau sed ;md c r eated the prob- l~m." Phil lip:; pai d Sl ,600 to r e- pair a plumbing leak in his hm~w ·s foundat ion that he sa!J wn s c a use <l by th e \'ibra- t ions of t he c onstruction. "W e no long e r nee d alarms, e n.!ry bo dy get s up at seu:n." Phillips s aid. Resi dent s al so said they were c oncerned a bout chil- dre n playing in the con s tru c- ti on ar ea, r ott ed pipe s left O\·e rni ght behind t heir homes, idli ng trucks and wee d o\·e rgrnwth. The dig- gi.n g ha s un cm·t hed flie s, mosq uit oe s. ants <md rats t hat fo und th e ir way into y;u·d s and home s, they said. OC SD officials s aid t hey are <lo ing t he best th ey can to Ll e al with r esidents' concerns. They hi.r ed a sec w·ity guard la s t \\'e ek to keep children and skate boarder s off the c ons t111ction e quipment. Pi eces of old pip e will be re- mo\·ed t he same day they are take n out of t he ground. Tl11 c ks \\'ill be r equired co -' As sewe r construction continues in Hunt ingto n Beach along Bushard Str eet between Hami l- ton and Bann in g avenues, neighbor ing hom eowne rs say the ir properties are suffer ing damag e, like the cracks on a text ured plante r box, right, that is only a few months ol d. Photos by STARR BUCK I The Vi ew shut off their engines instead of idling, and weeds have been removed from the sid ewalks. Residents said they are also wo rried about the effects of groundwater being sucked out of the constrnction area and wonde r ed if t heir hom es and pools could sink. La ying the pipe requires dry so il, so groundwater is temp orarily pumped into wells al ong side t he pipe's r oute . ''We don't believe there's any settlement du e to the de-· wa tering. operations ," Lud- win said. "O nc e construction activ ities are comp le ted, the groundwater goes back to wher e it was normally." .The district has hired geo- technical consultants to st ud y the impact of t he wat er pump - ing . "As peo ple bring up these is · sue~, we're trying to go above and beyond (to solve them ), Lu dwin said. "The best thing we can do is just move it along an d gee out of their neigh- borhood." Most of the preparation work at intersec tions along the Bushar d r oute has alreadv been comp le ted, and con.struc - cion is moving at a rate of 80 t o 1 100 fee t pe r day, Ludwin said . "It's been our sole pw-·pose to try to achieve a time ly solu-I lio n to this job," Anderson , said. OCS D is also preparing to st art another project in Fo un- tain Valley -a new pump sta- tion to transpon wastewace r from sewe r pipes to t he Elli s Avenue treatment plant. The cWTe nt punlP statio n - loca ted 35 f eec beneath the in· tersection of Ellis and Bush- ard Street -was built in 1952 and need s replacing . There are six possible loca- tions in th e city, including one that would require the demoli- tio n of two homes near Ellis and Bu shard. The environmental rev iew on the $32 to $48 milli on pro- ject -including repotts on all six sites -shoul d be read y for residents to r eview in Sep tem- ber. Construction is expected to start in Sep temb er 2007 and las t a year. For more infonnation: Jennifer Cabral, OCSD 's public in- formation special ist (714) 593 -7 581. To see a map of the project's progress, visit www.oaegister.com1iunting- ton Orange County Register Friday, July 9, 2004 Residents 'frustrated' with sewer project Sanitation district says it's doing its best to address concerns of noise, damage from delayed Huntington pipe replacement. By BLYTHE BERNHARD HUNTINGTON BEACH -Mike Kenney has been awakened by his wife's wheezing and the smell of diesel in his home. Next door, Jeff Phillips tries to write screenplays while ear-splitting construction rumbles 10 feet from his back wall and two sleep-deprived toddlers scream outside his home office. Traffic snarls, shaky ground and street closures have plagued southeast Huntington Beach neighborhoods for 18 months because of an Orange County Sanitation District sewer line project. Phillips likens the experience to "living next to a Nine Inch Nails concert that never ends." The district is replacing a 54-inch-diameter underground sewage pipe installed in 1954 with a 9-foot-wide pipe that travels from the OCSD plant on Brookhurst Street, across Banning Avenue and north to Bushard Street and Ellis Avenue in Fountain Valley. The $39 million project was supposed to be completed in March, but 75 percent of the work remains. "I'm just tired of the whole project," Kenney said. "I'm frustrated, I'm angry, I've got diesel fumes, I've got smoke all day, the back yard's cracking and nobody's accepting responsibility." Officials told residents at an OCSD board meeting last month that delays in construction were caused by cracks in the pipe's joints and the project should be finished by the end of 2005. "This is a real nightmare. I can assure you if there had been a technical or financial solution to this, we would have discovered it," said Blake Anderson, OCSD general manager. "We don't have the case cracked. We do not have a solution with the contractor or the pipe manufacturer at this time." The problems began three months after work started in December 2002. About 10 percent of the joints connecting the pipes had cracked, triggering a 8/16/2004 MORE Call the construction hotline at (714) 378-2965 or Jennifer Cabral, OCSD public information, (714) 593-7581: · Blank series of work stoppages. Since work resumed in June on modified joints, fewer than 1 percent have cracked, said David Ludwin, OCSD's director of engineering. Page 2 of3 See a map of the project's progress: www.ocregister.Qom/ huntington The construction company, Steve Rados, also laid a 10-foot pipe for OCSD near Talbert Marsh in the early 1990s, Rados' division manager Michael Gigliotti said. "We are honestly perplexed at this technical pipe problem," Gigliotti said. "We've never in our history experienced a problem like this before." Rados has absorbed the additional costs -millions of dollars, Gigliotti said -of the delayed project. "We don't believe it's Rados' responsibility that we've had to eat these costs," he said. "We may or may never get relieved from those costs." Streets leading to housing tracts off Bushard between Banning and Hamilton avenues have been closed since February because of the construction. Officials say those streets should reopen in August. "They've closed our streets off and kept us prisoner in our own tracts," Laurel Sobie said. Some 42 residents have filed insurance claims for damage to their homes. Phillips said he paid $1 ,600 to have a plumbing leak in his home's foundation repaired. He believes the construction vibrations caused the leak. Three claims have been settled, and Rados' insurance company hired an independent inspector to look at the rest. "If we've damaged a home, we're going to repair it," Gigliotti said. "We're genuinely concerned, but we just have to be sure that we in fact caused and created the problem." Residents also said they were concerned about children playing in the construction area, rotted pipes left overnight behind their homes, idling trucks and weed overgrowth. There also seem to be more flies, mosquitoes, ants and rats in the neighborhood, said residents, who say they believe the digging unearthed the critters. OCSD officials said they are doing the best they can to deal with residents' concerns. They hired a security guard last week to keep children and skateboarders off the construction equipment. Pieces of old pipe will be removed the same day they are taken out of the ground. Trucks will be required to shut off their engines instead of idling, and weeds have been removed from the sidewalks. Residents said they also are worried their homes and pools could sink because groundwater is being sucked out of the construction area. Laying the pipe requires dry soil, so groundwater is temporarily pumped into wells alongside the pipe's route. The district has hired geotechnical consultants to study the impact of the water pumping. "We don't believe there's any settlement due to the dewatering operations," Ludwin said. "Once construction 8/16/2004 · Blank Page 3 of3 activities are completed, the groundwater goes back to where it was normally." Most of the preparation work at intersections along the Bushard route has been completed, and construction is moving at a rate of 80 to 100 feet per day. Ludwin said. "As people bring up these issues. we're trying to go above and beyond (to solve them). Ludwin said. "The best thing we can do is just move it along and get out of their neighborhood." 8/16/2004 .our:,'·'lOYlns .. : . :· . : .. :-::; . ;::.y~~;.·~ .. ·:~.'f;.;:,; .... ;.~·f :.:·~~,:·~ i r The Orange Courrtr Rwtd• · • . ~;:July 14;:2004 From: Sent: To: Subject: forinformation@ocsd.com Friday, July 02, 2004 11 :51 AM Bushard Weekly Update Weekly Status Update -Friday July 2, 04 to Friday July 9. 04 Bushard Street -108-inch pipe installation: During this week, construction will continue on Bushard between Banning Avenue and Drumbeat Drive intersection. The work performed will include installation of the 108-inch pipe up to mid-Drumbeat I Bushard intersection and street restoration work (i.e., replacement of gutter, curb, sidewalk panels and preparation of street for asphalt paving). No work will be performed on July 5, 04 due to July 4, 04 holiday. If you have any questions please call the Construction Hotline at (714) 378-2965. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3807 for an updated Construction Map. 1 r- "' "' <{ 0 ::::; a:: 0 <{ z J: Cl "' <{ :::> ~ al Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -July 2, 2004 . ELLIS AV .... w z ~ :i: u >-w :l ~ FOl.N AIN GARFIELD AV r- "' r- "' a:: :::> J: :.:: 0 0 a:: al A DAMS AV INDIANAPOLIS AV OCSD PLANT N0.1 • Installed 108-inch Pipe and Completed Intersection Structures • I Current Const ruction Area s D I Upcoming Construction Are as FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Upcoming Yorktown I Bus hard Installation of 15-inch City Sewer Siphon and 60-inch Pipe. Es timated s tart: Mid-July, 2004. North Clos ure: Construction will occur on the North side of Yorktown/Busha rd intersection. Bus h ard fully c losed between Mid-Yorktown Aven ue to B ass Dr. intersec tion. Upcoming 108-inch I ns tallation Installatio n of 108-inch pipe. Estimated Start: First week of August, 2004. Bus hard St. will be fully closed between Drumbeat Dr intersection and Mid -Hamilton Ave intersection. Current 108-in ch I nst allation Installation of 108-inc h pipe and Street Restoration work. Estimated Completion: First week of Augus t , 2004. Bushard St. fully c losed between Banning Ave. inte r section and Drumbeat Dr. intersection. From: forinformation@ocsd.com Sent: Th• 1r~dav. July 08, 2004 5:47 PM To: Subject: OCSD Bushard Project Information Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3829 to view the Questions and Answers from June 23 Board Meeting regarding the Bushard Project. Thank you for your time and patience during this construction period. If you have any questions please call the construction hotline at 714.378.2965. 1 ..... <l'.1 <l'.1 <( 0 ::::; 0:: 0 <( z :i: C) <l'.1 <( ::> ~ CD Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -July 9, 2004 ELLIS AV -' w z lE :i:: u ~ :I ~ FOl..N AJN GARFIELD AV ..... <l'.1 ..... <l'.1 0:: ::> :i: " 0 0 0:: CD ADAMS AV IN DIANAPOLIS AV OCSD PLANT N0.1 • • D Installed 108-inch Pipe and Completed Intersection Structures I Current Construction Areas I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Upcoming Yorktown I Bushard Installation of 15-inch City Sewe r Siphon and 60-inch Pipe . Estimated start: Wednesday July 14, 2004. North Clos ure: Construction will occur on the North s ide of Yorktown/Bushard intersection. Bushard fully closed between Mid-Yorktown Avenue to B ass Dr. intersection. Upcomi ng 10 8 -inch Installation Installation of 108-i nch pipe. E st i mated Start: First week of August, 2004. Bushard St. will be fu lly closed between Drumbeat Dr Inte rsection and Mid-Hamilton Ave intersect ion. Current 108-inch Installati on Installation of 108-inch pipe a nd Street Restoration work. Estimated Completion : First week of August, 2004. Bus hard St. fully closed between Banning Ave. Intersection and Drumbeat Dr. intersection. From: Sent: To: Subject: forinformation@ocsd.com Thursday, July 15, 2004 9:43 AM Bushard Weekly Update-July 16, 2004 -July 23, 2004 Weekly Status Update -Friday July 16, 04 to Friday July 23, 04 Bushard Street -108-inch pipe installation: During this week, construction work will continue on Bushard between Banning Ave and Drumbeat Dr intersection. The work performed consists of street restoration work (i.e. replacement of gutter, curb, sidewalk panels and preparation of street for asphalt paving). North Yorktown/Bushard Intersection -60-inch pipe and 15-inch City sewer installation: During this week, construction work will continue at the North Yorktown/Bushard intersection. The work performed consists of installation of 12-inch water valves and construction of 15-inch city sewer siphon. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3854 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. 1 ... "' "' <( 0 ::; 0:: 0 <( z J: C> "' <( :J ::E ID Orange County Sanitation D istrict Bushard Trunk Sewer Construction Project Weekly Status Update -July 16, 2004 ELLIS AV -' w z ~ u > ~ ~ FOLN AIN GARFIELD AV ... "' ... "' 0:: :J J: ><'. 0 0 0:: ID ADAMS AV INOIANAPOLIS AV ocso PLANT N0.1 • Installed 1 OB-i nch Pipe and Completed Intersection Structures • I Current Construction Areas 0 I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRU CTION HOTLINE (714) 378-2965 Current Yorktown I Bushard Intersection Work Installation of 15-inch City Sewer Siphon and 60-inch Pipe . Estimated Completion : F i rst week of September, 2004. North Cl osure: Co nstruction will occur on the North side of Yorktown/Bushard intersection. Bushard fully c lo sed betwee n Mid -Yorktown Avenue to Bass Dr. intersection. Upcoming 10B-inch Installation In stallation of 10B-inch pipe . Estimated Start: First week o f August, 2004. Bushard St. will be fully closed between Drumbeat Dr I ntersection and Mid-Hamilton Ave intersection. Current 1 OB-i nch Installation Installation of 10B-inch pipe and Street Restoration work. Estimated Completion: First week of August, 2004. Bushard St. fu lly closed between Banning Ave. Intersection and Drumbeat Dr. intersection. From: forinformation@ocsd.com Sent: Thursday, July 22, 2004 12:34 PM To: Subject: Bushard Weekly update -July 23 -July 30 Weekly Status Update -Friday July 23, 04 to Friday July 30, 04 Bushard Street -108-inch pipe installation: During this week, construction work will continue on Bushard between Banning Ave and Drumbeat Dr intersection. The work performed consists of street restoration work (i.e. replacement of sidew~lk panels, installation of new trees and preparation of street for asphalt paving). Restoration of curb and gutter has been completed at this location and base paving work is scheduled for Friday July 30, 04. North Yorktown/Bushard Intersection -60-inch pipe and 15-inch City sewer installation: During this week, construction work will continue at the North Yorktown/Bushard intersection. The work performed consists of construction of a 15-inch City sewer siphon. The Installation of four 12-inch water valves has been completed. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3896 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. If you would like to be removed from this distribution list please reply back to this e- mail. 1 ... "' <{ :::; 0 z (!) <{ ::;: ...J w 2 < J: u Ii'. w m _, :£ "' 0 0: <{ x "' :l al Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -July 23, 2004 ELLIS AV ...J w z ~ I: u >-w :l ~ FOl..N AIN GARFIELD AV ... "' ... "' 0: :l x ~ 0 0 0: al ADAMS AV INDI ANAPOL IS AV Drumbeat Dr OCSD PLANT N0.1 • Installed 108-inch Pipe and Completed Intersection Structures • I Current Construction Areas D I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Current Yorktown I Bushard Intersection Work Installation of 15-inch City Sewer Siphon and 60 -in ch Pipe . Estimated Completion: First week of September, 2004. North Closure : Construction wi ll occur on the North side of Yorktown/Bushard intersection. Bushard fully closed between Mid-Yorktown Avenue to Bass Dr. intersection. Upcoming 108-inch In stallation Installation of 108-inch pipe. Estimated Start: First week of August, 2004. Bushard St. will be fully closed between Drumbeat Dr Inter section and Mid-Hamilton Ave intersection. Current 1 OB-inch In stallation Installation of 108-inch p i pe and St reet Restoration work. Estimated Compl etion: First week of August, 2004. Bushard St. fully closed between Banning Ave. Intersection and Drumbeat Dr. intersection. From: Sent: To: Subject: forinformation@ocsd.com Thursdav. July 29, 2004 5:13 PM OCSD Bushard Weekly Update -July 30 -August 6 Weekly Status Update -Friday July 30, 04 to Friday August 6, 04 Bushard Street -108-inch pipe installation: Between Banning Ave and Drumbeat Drive intersection: Bushard will be open to thru traffic August 3, 2004. Base asphalt paving work has been completed. Replacement of sidewalk panels and installation of new trees will continue on Bushard and is 30 percent complete. Between Drumbeat Drive and Mid-Hamilton intersection: Bushard will be closed to thru traffic on August 3, 2004. During this week temporary traffic control, detour set-up and installation of the 108-inch pipe will take place. North Yorktown/Bushard Intersection -60-inch pipe and 15-inch city sewer installation: During this week, construction work will continue at the North Yorktown/Bushard intersection. This work is 15 percent complete and entails the construction of a 15-inch city sewer siphon. Preparation work for the installation of the 60-inch pipe at the intersection will begin. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3907 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. If you would like to be removed from this distribution list please reply back to this e- mail. 1 .... Cl) "' <( 0 :::; 0: 0 <( z :i:: \!) "' <( :::> :E cc Orange County Sanitation D istrict Bushard Trunk Sewer Construction Project Weekly Status Update -July 30, 2004 ELLIS AV -' w z ll x u > w :l ~ FOii" AIN GARFIELD AV .... Cl) .... Cl) 0: :::> :i:: ><'. 0 0 0: cc ADAMS AV INOIANAPOLIS AV Orumbeol Or ocso PLANT N0.1 • Installed 108-inch Pipe and Completed Intersection Structures • I Current Constr uction Areas D I Upcoming Constructi on Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378 -2965 Current Yorktown I Bushard Intersection Work In stallation of 15-inch City Sewer Siphon and 60-inch OCSD Sewer . Estimated Completion : First week of September, 2004. North Closure : Construction occurs on the North side of Yorktown/Bus hard intersection . Bus h ard fully closed between Mid-Yorktown Avenue to B ass Dr. i ntersection. Upcoming Clo sure for 108-inch Insta llation Ins t allation of 108-inch pipe. Es t i mated Closure Start: Augu s t 3, 2004. Es timated Start of 108" Installation : August 11 , 2004 Bushard St. will be fully c losed between Drumbeat Dr Intersection and Mid-Hamilton Ave intersection. Current 108-inch Installation Installation of 108-i nch pipe and Street Restoration work. E stimated Completion : August 3, 2004. Bushard St. fully clos ed between Banning Ave. Intersection and Drumbeat Dr. inter s ection. From: forinformation@ocsd.com Sent: Friday, August 06. 2004 10:05 AM To: Subject: OCSD Bushard Weekly Update -August 6 -August 13 Weekly Status Update -Friday August 6, 04 to Friday August 13, 04 Bushard Street -108-inch pipe installation, removal and replacement of 12-inch waterline: Between Banning Ave and Drumbeat Drive intersection: Bushard is open to thru traffic between Banning Ave and Drumbeat Dr. Replacement of sidewalk panels and installation of new trees will continue on Bushard and is 40 percent complete. Between Drumbeat Drive and Hamilton intersection: Bushard is closed to thru traffic between Drumbeat Dr and Hamilton intersection. Installation of the 108-inch pipe will continue, current work progress is at 5 percent. Removal and replacement of a 12-inch waterline will begin. North Yorktown/Bushard Intersection -60-inch pipe and 15-inch city sewer installation: During this week, construction work will continue at the North Yorktown/Bushard intersection. This work is 35 percent complete and entails the construction of a 15-inch city sewer siphon. Preparation work for the installation of the 60-inch pipe at the intersection continues. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3921 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. If you would like to be removed from this distribution list please reply back to this e- mail. 1 ... Cl) Cl) <( 0 :::; a:: 0 <( z :c (.? Cl) <( ::> ::;: Ill Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -August 6, 2004 ELLIS AV ..... w z ~ u > j ~ FO\J'I AJN GARFIELD AV ... Cl) ... Cl) a:: ::> :c :.:: 0 0 a:: Ill ADAMS AV INDIANAPOLIS AV Drumbeat Dr OCSD PLANT N0.1 • • D Installed 108-inch Pipe and Completed Intersection Structures I Current Construction Areas I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Current Yorktown I Bushard Intersection Work Installati on of 15-inch City Sewer Siphon and 60 -inch Pipe . Estimated Completion: First week of September, 2004. North Closure: Construction will occur on the North side of Yorktown I Bushard intersection. Bushard fu lly closed between Mid-Yorktown Aven ue to Bass Drive intersection. Current Hamilton I Bushard I ntersection Work Installation of 108-inch p i pe and removal and replacement of 12-inch waterline. Estimated Completion : First week of October, 2004. South Closure: Construction will occur on the South side of Hamilton I Bushard intersection. Bushard fully closed between Drumbeat Drive and Mid-Hamilton Avenue intersection. From: Sent: forinformation@ocsd.com Thursday, August 12, 2004 5:21 PM To: Subject: OCSD Bushard Weekly Update -August 13-August 20 Are these weekly updates useful? Do you get the information you need? Is there something missing? Please respond to this e-mail and let us know what you think. Bushard Project Weekly Update - Friday August 13, 04 -Friday August 20, 04. Bushard Street -108-inch pipe installation and removal and replacement of 12-inch waterline Banning Ave and Drumbeat Drive intersection: .Bushard is open to traffic between Banning Ave and Drumbeat Dr . . Street Restoration is 80 percent complete . . New sidewalk panels and installation of new trees have been completed up to Landfall Drive . . Street restoration will continue to Drumbeat Drive . . Rambler Drive will be open to thru traffic. Drumbeat Drive and mid-Hamilton intersection: .Bushard is closed to thru traffic between Drumbeat Dr and mid-Hamilton intersection . . During this week installation of the 108-inch pipe will continue, this work is 10 percent complete . . The installation of a 12-inch water valve is complete. North Yorktown and Bushard Intersection -60-inch pipe and 15-inch city sewer installation: .Construction continues at the North Yorktown/Bushard intersection . . The 15-inch city sewer siphon was completed .Preparation work for the installation of the 60-inch pipe at the intersection continues . . This portion of work is 40 percent complete. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3941 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. If you would like to be removed from this distribution list please reply back to this e- mail. 1 .... "' "' < 0 :::; 0: 0 <{ z ::c (!) "' < ::> ~ Ill Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -August 13, 2004 ELLI S AV ..J w z ~ <.> > w :l ~ FOl..N AIN GARFIELD AV .... "' .... "' 0: ::> ::c !.: 0 0 0: Ill ADAMS AV INOIANAPOLIS AV ocso PLANT N0.1 • • D Installed 108-inch P ipe and Completed Intersecti on Structures I Current Construction Areas I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Current Yorktown I Bushard Intersection Work Installation of 15-inch City Sewer Siphon and 60-inch Pipe . Estimated Completion : First week of September, 2004. North Clos ure: Construction will occur on the North side of Yorktown I Bushard intersection. Bushard fully closed between Mid-Yorktown Ave n ue to B ass Drive intersection. Current Hamilton I Bushard Intersection Work Installation of 108-inch pipe and removal and replacement of 12-inch waterline. Estimated Completion: First week of October, 2004. South Clos ure: Construction will occur on the South side of Hami lton I Bu shard intersection. Bushard fully closed between Drumbeat Drive and Mid-Hamilton Avenue intersection. From: forinformation@ocsd.com Sent: Friday. Au~ust 20, 2004 11 :09 AM To: Subject: OCSD Bushard Weekly Update -August 20 -August 27 Bushard Street -108-inch pipe installation and removal and replacement of 12-inch waterline: Banning Ave and Drumbeat Drive intersection: Bushard is open to traffic between Banning Ave and Drumbeat Drive. Street restoration is 85 percent complete. Street restoration will continue from Landfall to Drumbeat Drive and is expected to be complete the first week of October. Drumbeat Drive and mid-Hamilton intersection: Bushard is closed to thru traffic between Drumbeat Drive and mid-Hamilton intersection. During this week installation of the 108-inch pipe will continue, this work is 35 percent complete and is expected to be complete the first week of October. North Yorktown and Bushard Intersection -60-inch pipe sewer installation and 15-inch city sewer installation: During this week, construction work will continue at the North Yorktown/Bushard intersection. The construction of a 15-inch city sewer siphon was completed and preparation work for the installation of the 60-inch pipe at the intersection continues. The work in this part of the intersection is expected to be completed by the first week of October. Overall progress is at 50 percent complete. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3946 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. If you would like to be removed from this distribution list please reply back to this e- mail. 1 ' .... Cl) s _, 0 z (.? <( ::< Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -August 20, 2004 ELLIS AV .... w z ~ u >- ~ § FOU'I AIN GARFlELOAV IN DIANAPOLIS AV OCSD PLANT N0.1 • Installed 108-inch Pipe and Completed Intersection Structures • I Current Construction Areas D I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Current Yorktown I Bushard Intersection Work Installation of 15-i n ch City Sewer Siphon and 60-inch Pipe. Estimated Completion: Fi r st week of October, 2004 . North Closure : Construction will occur on the North side of Yorktown I Bushard intersecti on. Bus hard fully c l osed b etween Mid-Yorktown Aven ue to B ass Drive intersection. Upcoming Yorktown I Bushard In stallation of 60 -inch Pipe. Estimated start: First week of October, 2004. Bushard St. will b e fully closed between Mid- Yorktown Ave and Pettswood Dr Intersection. Upcoming 108-inch Installation Installation of 108-inch pipe . Estimated Start: First week of October, 2004. B ushard St. will be fully closed between Mid - Hamilton Ave and Panacea Dr Intersection. Current Ham ilton I Bushard Intersection Work Installation of 108-i nch pipe and removal and repl acement of 12-inch waterline. Es timated Completion: First w eek of October, 2004. South Closure: Construction will occur on the South side of Hamilton I B ushard intersection. Bushard fully closed between Drumbeat Drive and Mid-Hamilton A ve nue intersect ion. • • e ara1n is not a aum.,. Fats, Oils and Grease (FOG) Public Education Outreach Toolbox July 2004 ·, '\ e orain is not a oump. / ....,.~-·.;;;::::.. --===--~ Put fats , oils and grease where they belong . Mix them in your trash with absorbent waste li ke paper, coffee grounds, kitty litter or grass clippings. ~ City logo GOES HERE '°""W)Oilt'd'yca.US 1234 Abn s ... t Oty, CA 92600 9'9-000-0000 Dispose off ats, oils and grease where they belong. Don 't cause sewer clogs. You can help protect the environment, improve health , and save money in the proc ess ju st by taking responsibility for the proper disposal of foo d was te generated by you r business. Pr eve nt fats, oils, and grea se from getting in the sewer lin es. It 's mor e than just a good habit. It's al so good busine ss. ~ City logo GOES HERE www.yourcity.ca. us 1234 Main Street, City, CA 92600 949 -000-0000 The drain is not a dump. (.• Th e problem with fats , oils and grease Fat s, oils and grease (FOG) come from meat, lard , cooking oil, butter and shortening. You can find them in fryers , pots and pans, food scraps, and spoiled food, and on floors and cooking surfaces. The trouble starts when FOG gets into the sewer through sinks and floor drain s. Sewer line s can become blocked, which can cause untreated wastewater to overflow into your facility and into sto rm drains leading to the ocean. Sewage sp ills can sp read disease, pollute streets and beach es, require expensive cleanup, and even close yo ur bu sines s. Food serv ice establishments ha ve been found to be major so ur ces of fats, oils and grease that enter the sewer system. The stat e now requires that yo ur city and local sewe r agency enforce limit ations on the amount of FOG and other debris that goes in the sewers. The best way to stop the se substances from building up in sewer lines is to pre ve nt them from entering yo ur drains , by using "K itchen Best Management Practi ces ." Th e most common Kitchen Best Management Practice s are liste d here, but be sure to consult with yo ur city or loca l sewer agency for any additional practices you may be required to follow. Yo ur city or local agency ma y also conduct inspections to confirm that you are follo wing the se practices. Use Best Practices In The Kitchen Training -all new emp loyees should be trained in Kitchen Best Ma nagem en t Practices, includ ing the prope r methods of fats, oi ls and grease disposal. Pro vide frequent refreshe r trainin g as we ll. Signage -di sp lay th e ap prop ria te signs or posters pro min entl y in the wo rkplace. Drain screen s -in stall screens on all kitchen drains . Openings should be no more than 3/16 inch. Sc reens should be removable for frequent clean in g. Collect & recycle -pour all cooking grease (yellow grease) and liquid oil from pots, pans and frye rs into a covered grease conta iner for recycling. Use a permitt ed was te collection se rvice or autho ri zed recycling ce nter. Keep all writt en re cords of their pick up s; inspectors may as k to see them. Don 't overfill -avoid spills by emptying FOG co nt ainers before they get full. Transport carefully - use a covered container to move grease without spilling. grease trap or intercep to r. Clean befo re washing -sc rape or dry-wipe excess food and so li dified grease from pots, pans, fr yers, utensils, sc reens and ma ts, then dispose of it in the trash. Don 't dump hot wa ter -cooking or cl ea ning water ove r 140° F shou ld NOT be put down a drai n that's connected to a Clean hoods -dispose of waste from hoods and fi lters by emptying it in to a drain connected to a grease interceptor if you have one, or have the hoods professionally maintained. Soak up dr ips & spills -place absorbent materials such as paper towels or absorbent pads unde r frye rs or ot her areas where grease may drip or spi ll. Use "spill kits " -make your own "spi ll kits" wit h absorbent materials such as absorbent pads or kitt y litter. Keep them well marked and accessible for cleaning spills. Designate a key emp loyee on each shift to moni tor cleanup and restock the kits. Fats, Oils and Grease (FOG) Public Education Outreach FOG Toolbox Binder Contents 1. Food service establishments Template letter Brochure Poster Training video 2. General public Template letter Poster Web ad Print advertisements Tabletop display 3. Schools Template letter Education programs K-5, 6-8, 9-12 4. Media Template letter News release Fact sheet Public service announcements (print, radio and television) Program pieces are supplied in English, Spanish, Mandarin Chinese, Korean and Vietnamese. FOG Tool Box Participation 22 Participants City of Anaheim City of Brea City of Buena Park City of Cypress El Toro Water District City of Fullerton Garden Grove Sanitary District City of Huntington Beach Irvine Ranch Water District City of La Habra Midway City Sanitary District City of Newport Beach City of Orange County of Orange Orange County Sanitation District City of Placentia Rossmoor/Los Alamitos Area Sewer District City of Santa Ana City of Seal Beach City of Stanton City of Yorba Linda Yorba Linda Water District August 3 , 2004 To a ll food ser vice es tablishments: The Cali fo rnia Restaurant Assoc iatio n has reviewed th e materials in the Fats, Oils and Grease d isposa l public education "too lbo x." We h ave found th e ite m s in th e to o lbox to be accurate a nd helpful , and support th e toolb ox's Kitchen Best Managem e nt Practices for th e proper h a nd lin g a nd di sposa l of the se subs ta nces. W e encourage all food service en terprises, including a ll of our member s, to adopt th e practices promoted by th ese m ate rial s. We a lso enco urage o ur me mbe rs a nd others in vo l ved in commercial food preparation to c heck with th e ir ow n ci ties a nd sani tatio n di s tri c ts to learn if th ere are additi o na l practi ces they are expected to follow . If we a ll wo r k to ge th e r , we can e limin ate th e problem s and expenses we face whe n Fats, O il s and G rease are no t di s posed of prope rl y. Si ncere l y, 1e P es id nt a nd Chief Execu t ive Officer 4041 M•cARTI-iUR 90UL£VAAD. SUITE. Z4.t:, NEVIPORT BSACH. CA 02056, S77·a44 •Q2.32 . g4g.z51 8078 ....... I 020 FIFiH AV(NU~. SUITE .i::.04 SAN DIEGO, CA 92 I 0 I 0 I 0 2.J0·0704 • 6 1 0 ·2.JO 0764 .. ..., Bushard Community Relations Report From July 1, 2004 to August 20, 2004 Prepared by: Communications Services Division August 25, 2004 Orange County Sanitation District Bushard Trunk Sewer Replacement Project August 2004 Community Relations Report From July 1, 2004 to August 13, 2004: 2 Notifications • Bushard Street work between Yorktown Avenue and Bass Drive for approximately 2months-July15, 04 • Bushard closure from Drumbeat to Hamilton for two months -August 2, 04 4 Letters • Invitation to neighborhood meeting, dated July 1, 2004 • Damage claim process update, dated July 9, 2004 • Summary of July 15th neighborhood meeting • Invitation to neighborhood meeting, dated August 4, 2004 2 Neighborhood Meetings • July 15, 2004, Sowers Middle School, Project Update • August 19, 2004, Huntington Christian School, Project Update 4 News Articles (all by Blythe Bernhard) • July 1, 2004, Huntington Beach Wave, "Southeast's pipe nightmare" • July 1, 2004, Fountain Valley View, "Residents fed up with sewer project" • July 9, 2004, Orange County Register, Residents 'frustrated' with sewer project • July 14, 2004, Orange County Register, Our Towns section, Huntington Beach Pipeline Project 8 Weekly Updates • July 2, 2004 • July 9, 2004 • July 16, 2004 • July 23, 2004 • July 30, 2004 • August6,2004 • August13,2004 • August20,2004 STARTING: DURATION : WHAT: WHERE: CONSTRUCTION NOTIFICATION July 15, 2004 Approx. 2 months Road Closure for Bushard Trunk Sewer Replacement Project Bushard Street and Yorktown Avenue Intersection GARFIELD AV 1 I z .... w z 3 ~ I ~I~ . I ~L --1 · I ! BASS OR CD I N · 1_n 1 : 1 VELARDO DR I 1-_ ...... i ___ ..J...l _ _.i ' I _._. I ~------------· ----------- z ! r, -J I I > I I ~ I ~ 1 31 , L ft < 1---L-.. ----·· . fl 3': YORKTOWN AV FLOUNDER DR I This construction is part of the Orange Co unty Sanitation District's (OCSD) Bushard Trunk Sewer Project whic h is replacing a major, aging sewer pipeline. Please be assured that OCSD has planned construction activities in a manner that will minimize the impact to you. While construction is at the intersection, detours will be provided and clearly marked. There will be two phases of construction at this intersection. During Phase I -Bushard will be fully closed to traffic between the Yorktown Avenue intersection and Bass Drive intersection. Velardo Drive, Flounder Drive and Ronney Drive will be closed to both incoming and outgoing traffic: Traffic coming from Yorktown A venue will have access to and from the neighborhood via Waterbury Lane and Salmon Lane. Traffic coming from Garfield A ve nue will have access to the neighborhood via Bass Drive, Pauline Lane and Bluefin Lane. These closures and detours will remain in place 24 hours a day. Traffic traveling both east and west on Yorktown will be able to continue through the intersection, but turns onto Bushard will be restricted. The second phase of this portion of construction will begin in September 2004. An additional notice will be distributed prior to the start date and will provide specific details. Construction is scheduled to occur weekdays from 7 a.m. to about 4 p.m. Occasionally work may continue past 4 p.m. but will be confined to the closed areas. When crews finish each day, any open trenches will be barricaded or fenced. The safety and welfare of our residents is a prio rity to all of us at OCSD. If you have any questions, please call the Construction Hotline at (714) 378-2965. For further info rmation about the project, or to sign up fore-Subscription to get regular updates, please visit our Web site at www.ocsd .com, under Information Center, and then click on Construction . Aga in, thank you for you r patience during this period. STARTING: DURATION : WHAT: WHERE: Orange County Sanitation District CONSTRUCTION NOTIFICATION The week of August 2, 2004 Approx . 2 months Road Closure for Bushard Trunk Sewer Replacement Project Bushard Street between Drumbeat Drive and the Hamilton Intersection <( z ::> HAMILTON AV I ..., DRUMBEAT DR I-z <;: z en ...J ~ LANDFALL DR N This construction is part of the Orange County Sanitation District's (OCSD) Bushard Trunk Sewer Project which is replacing a major, aging sewer pipeline. Please be assured that OCSD has planned construction activities in a manner that will minimiz e the impact to you . While construction is at the intersection, detours will be provided and clearly marked. There will be two phases of construction at this intersection. This is the notification for Phase I. During Phase I, Bushard will be fully closed to traffic between Drumbeat Drive intersection and Mid-Hamilton intersection. Traffic coming from Hamilton A venue will have access to the neighborhood via St. John Lane and Lehua Lane. Traffic to and from Drumbeat Drive will have access via south Bushard. These closures and detours will remain in place 24 hours a day. Traffic traveling both east and west on Hamilton A venue will be able to continue through the intersection, but turns onto Bushard will be restricted. The second phase of this construction will close Bushard starting at the northern part of the Hamilton/Bushard intersection up to Panacea Drive. An additional notice will be distributed prior to start of the work and will provide specific details . Construction is scheduled to occur weekdays from 7 a.m. to about 4 p .m . Occas ionall y work may continue past 4 p.m. but will be confined to the c losed areas. When crews finish each day, any open trenches will be barricaded or fenced . The safety and welfare of our residents is a priority to all of us at OCSD . If you have any questions, please call the Construction Hotline at (714) 378-2965. For further infonnation about the project, or to sign up fore-Subs criptions to get regular updates on projects near you , please visit our website at www.ocsd.com. Again, thank you for your patience during this period. phone: (714) 962-2411 fax: (714) 962-0356 www.acsd.com malling address: P.O. Box 8127 Fountain Valley, CA 92728-8127 street address: 10844 Slis Avenue Fountain Valley, CA 92708-7018 Member Agencies • Cities Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los Alamitos Newport Beach Orange Placentia Santa Ans Seal Beach Stanton Tustin Villa Park Yorba Linda :aunty of Orange anitary Districts Costa Mess Midway City Water Districts Irvine Ranch ORANGE COUNTY SANITATION DISTRICT July 9, 2004 Paul Wilson 21151 Chubasco Lane Huntington Beach, CA 92646 Dear Mr. Wilson, In response to the community, the Orange County Sanitation District (OCSD) and Rados, Inc., have obtained a third-party adjuster to evaluate your property for damage allegedly caused by the Bushard Trunk Sewer Replacement project. The third-party adjuster may have or will be contacting you shortly to inspect your property and re-visit the damage complaint that was filed. In addition, please fill out the attached claim form and return to Risk Management, attention: Bob Geggie, at P.O. Box 8127 Fountain Valley, CA 92728-8127. We encourage you to return the form at your earliest opportunity to ensure prompt handling. Should you have questions regarding your claim please contact Bob Geggie, Principal Accountant at (714) 593-7553. For further questions regarding the Bushard Trunk Sewer Replacement project please contact the Construction Hotline at (714) 378-2965 or visit our Web site at www.ocsd.com, under Information Center, then click on Construction. Thank you for you time and patience during the construction period. Sincerely, Jennifer Cabral Public Information Specialist JC:lm H:\dept\admin\ 130\Construction\Bushard\Complaints\Resident Claim Letter.doc Enclosure c: Larry Rein, Project Manager Tod Haynes, Engineering Supervisor Mike Bock, Resident Engineer Mike White, Controller Bob Geggie, Principal Accountant To maintain world-class leadership in wastewater and water resource management. July 1, 2004 Dear Resident, The Orange County Sanitation District {OCSD) would like to apologize for any inconvenience you may have experienced due to construction of Bushard Trunk Sewer Replacement Project. We are fully aware of the situation and would like to supply you with a summary of what has occurred, and to provide you with the current status of the project. In addition, we would like to invite you to a community meeting to give you up-to-date information regarding the project, and to address any questions or concerns you may have. Because the project area is so large, we will have three separate meetings. You are invited to the first meeting which will be held Thursday, July 15, 2004 at 6:30 P.M. Please join us at Isaac L. Sowers Middle School at 9300 Indianapolis Avenue. OCSD representatives will be on hand to explain the project details. SUMMARY The Bushard Trunk is a major sewer line that serves the cities of Fountain Valley, Westminster, Garden Grove, Stanton, Fullerton and Buena Park. The existing 54-inch pipeline is being replaced with a 108-inch pipeline, to provide additional storage and sewage capacity for the growing communities. This project began in September 2002. The installation of the 108-inch pipe began at Plant No. 2 in December 2002, proceeding up Brookhurst Street to Banning Avenue and then up Bushard Street. Several delays associated with the proposed 108-inch pipe have been encountered throughout the course of work. However, since resuming work on Bushard in early June 2004, installation of the 108-inch pipe has been progressing as scheduled. STATUS Construction is complete in the Bushard/Adams intersection. This work started in November 17, 2003 and was completed June 23, 2004. Work is currently taking place on Bushard, between Banning Avenue and Drumbeat Drive. This work began the week of February 5, 2004 and should have been completed in early May. However, due to problems associated with the 108-inch pipe, the work was delayed and is scheduled to be completed in August 2004. OCSD will continue holding neighborhood meetings and providing construction notifications as the project progresses. In addition, there will be weekly updates posted on our Web site at www.ocsd.com, under Information Center, then click on Construction. To receive regular updates through e-mail on projects near you, please take advantage of our a-Subscriptions available on our Web site. Please join us on July 15, 2004 for further information about the Bushard Trunk Sewer Replacement Project. Thank you for your time and patience during this construction period. Jennifer Cabral, Public Information Specialist (714) 593-7581 phone: (714) 962-2411 fax: (714) 962-0356 www.ocsd.com mailing address: P.O. Box 8127 Fountain Valley, CA 92728-8127 screet address: 10844 Ellis Avenue Fountain Valley. CA 92708-7018 Member Agencies • Cities Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Los Alamitos Newport Beach Orange Placentia Santa Ana Sea/ Beach Stanton Tustin Villa Park Yorba Linda :aunty of Orange 1nitary Districts Costa Mesa Midway City Water Districts Irvine Ranch ORANGE COUNTY SANITATION DISTRICT July 23, 2004 Dear Resident, I would like to thank you for taking time out of your busy schedules to attend the neighborhood meeting on July 15, 2004. I hope it provided answers to your questions and concerns associated with the Bushard Trunk Sewer Replacement project. I have enclosed a summary of the meeting, stating what was discussed. The summary also includes some of the questions and comments that were either not completely answered or that staff did not have the answer to. As a token of our appreciation for your patience during this construction period, we have enclosed two car wash vouchers for Beacon Bay Detail Center. A brochure with locations is also included. If any questions or concerns arise throughout the remaining portion of the project, please call me directly at (714) 593-7581. Thank you again for your patience during the construction period. Sincerely, Jennifer Cabral Public Information Specialist JC:lm H:\dept\admin\130\Construction\Bushard\Neighborhood Meetings\Project Update General Meeting\07.15.2004_ Mtg I Summary Sowers_ FINAL.doc Enclosure c: Blake Anderson, OCSD General Manager David Ludwin, OCSD Director of Engineering Robert Beardsley, City of Huntington Beach Director of Public Works Joseph Dale, City of Huntington Beach Contracts Administrator Cathy Green, Mayor of Huntington Beach To maintain world-class leadership m wastewater and water resource management. Bushard Neighborhood Meeting July 15, 2004 Summary Sowers Middle School The Orange County Sanitation District (OCSD) held this meeting to provide infonnation regarding the status, schedule, cause for delays, and most importantly, to hear concerns and possible solutions to the current status of construction in your neighborhood. There were a total of 15 residents that attended, along with: City of Huntington Beach representatives Joe Dale, Contracts Manager Gil Coerper, Council Member OCSD representatives Larry Rein, Project Manager Mike Bock, Resident Engineer Raul Cuellar, Resident Engineer Jennifer Cabral, Public Information Specialist The meeting began at 6:40 pm with an introduction by Jennifer Cabral of both city and OCSD representatives. Jennifer apologized for the inconveniences associated with the project, and announced the importance of the Bushard project. Jennifer went through the OCSD Web site (www.ocsd.com) and the process on how to sign up fore-subscriptions and also where to go to view all outreach documents that have been published for this project. Jennifer gave an overview of the project and the delays that have been encountered and then opened the meeting for questions for the project team. It was explained that the reason for delays was the joints of the pipe manufactured by the contractor's supplier are too tight, which has caused fractures in some of the pipe joints. The project team indicated that when OCSD became aware of the hairline fractures in the pipe, the job was delayed to find solutions to the current situation. Although the cracks are small, and do not pose any threat of leakage or breaks, they are not acceptable by OCSD standards. Following the explanation, the Q&A session began; the project team took turns answering questions. Jennifer Cabral concluded the meeting by thanking all those who attended for their time and bringing to OCSD's attention all the issues involved with the project. All attendees had the opportunity to ask questions during and after the meeting. Most of the questions regarded very similar topics. • What are the impacts from dewatering for such a long period of time? • How long are they going to be in this area? • Are you installing pipes that are damaged? 1 Once the meeting concluded, attendees had the opportunity to personally discuss with OCSD staff their individual concerns involving the project. City staff was also available to answer questions. As people were leaving, they thanked OCSD staff for the meeting. Below is a list of questions and/or comments that needed further information or was not available at the time of the meeting. Clarification of information that was provided: Mike Duvall, OCSD Board representative for the City of Yorba Linda is on the Finance and Human Resource Committee not the Planning, Design Committee. Mr. Duvall receives monthly updates regarding the Bushard Trunk Sewer Replacement Project through Board Agenda packets. Question: What is the Public Statue of Limitations, and when is the exact date to file a complaint? Answer: For property damage, the statue of limitations is one year from the date of discovery of the damage. Question: Is there any type of analytical report that was done before all this project which compares the impact of the process, adequate infrastructure in Huntington Beach, etc. Answer: In 1999, OCSD completed a Strategic Plan that evaluated the overall District sewage system and made recommendations regarding the Bushard Trunk Sewer. There was also a preliminary design report and a geotechnical report that was done as part of the design process. None of these reports specifically addressed the City of Huntington Beach developments that this question was partially referenced to, however, these developments are not in the service area of the Bushard Trunk Sewer and had no effect upon its design. Question: Is OCSD self insured or additionally insured? Answer: As part of the bid requirements, Rados was required to provide $5,000,000 of general liability coverage and to name the District as an additional insured. In addition, the District has outside general liability insurance coverage up to $25,000,000 with a self-insured retention of $250,000. Question: Can OCSD give us anything in writing that will state that if we settle, if something else occurs, we will not be held responsible to pay, OCSD would? Answer: If the District provides a settlement on a claim, and a subsequent damage event occurs, a new claim would have to be filed that would follow the same process as the original claim. Question: Can you give us something in writing that says we don't have to disclose these damages when we go to sell our homes? Answer: The District does not have the legal authority to absolve a property owner from having to disclose property defects on the sale of real property. 2 Question: We would like to have random tests of soil and settlement done. Answer: OCSD will review the testing currently tal<lng place with the geotechnical consultant and determine the need of additional testing. Question: What is this Geo-technical study going to cover, and when will it be available to the public? Answer: The geo-technical report will cover dewatering and concerns regarding ground settlement and ground vibration concerns. The report is expected to be made available to the public in about two months. Question: The water that has been pumped out of certain areas, will it ever come back and why can't you just pump water back into those areas? Answer: The ground water is expected to recover without needing to pump water back into those areas. OCSD and our geotechnical consultants believe that due to the comparative volume of ground water being removed to the overall aquifer volume and the aquifer characteristics, the recovery rates should be fairly consistent. There are seasonal variations in the level of groundwater. Through inspections, in most locations the groundwater has already recovered up to 90 percent. Question: When will the medians be replaced at Adams? Answer: This work will take place by the end of September. 3 August4,2004 Dear Resident, The Orange County Sanitation District (OCSD) began the Bushard Trunk Sewer Replacement project in September 2002. The main pipe installation of the project has been delayed due to some hairline fractures inside the pipe. You may have noticed and/or received notifications regarding other work that needed to take place prior to the large 108-inch pipe being installed. This letter is to serve two purposes. First to let you know the pipe installation has been progressing and is approaching your neighborhood. Secondly, OCSD would like to invite you to a Project Open House to discuss the need for the project and what can be expected during the construction activities. Because the project area is so large, we will have three separate meetings. You are invited to the second meeting which will be held Thursday, August 19, 2004 at 6:30 P.M. Please join us at Huntington Christian School at 9700 Levee Dr., Huntington Beach. PROJECT SUMMARY The Bushard Trunk is a major sewer line that serves a large area of Orange County. The existing 54-inch pipeline is corroded and being replaced with new 108-inch concrete-reinforced pipe, to provide increased system capacity and wet weather storage for the growing communities. The new Bushard Street pipeline extends from the intersection of Banning and Brookhurst in Huntington Beach, approximately four miles to the intersection of Ellis Avenue and Bushard in Fountain Valley. The pipe installation began at OCSD Plant No. 2 in Huntington Beach in March 2002, proceeding up Brookhurst Street to Banning Avenue and then up Bushard Street. Several delays associated with the proposed 108-inch pipe have been encountered throughout the course of work. However, since resuming work on Bushard in early June 2004, installation of the 108-inch pipe has been progressing as scheduled. STATUS Currently, construction is taking place in two locations. The first location is on Bushard between Banning and Drumbeat. This work began the week of February 5, 2004 and should have been completed in early May. However, due to problems associated with the 108-inch pipe, the work was delayed and is scheduled to be complete the first week of August, 2004. The second location is at the Bushard and Yorktown intersection. This work started July 15, 2004 and is expected to be complete the first week of October, 2004. OCSD expects to close Bushard from Mid-Hamilton to Drumbeat Drive at the beginning of August, 2004. OCSD will continue holding neighborhood meetings and providing construction notifications as the project progresses. In addition, there will be weekly updates posted on our Web site at www.ocsd.com, under Information Center, then click on Construction. To receive regular project updates through e-mail, please take advantage of our a-Subscriptions also available on our Web site. Thank you for your time and patience during this construction period. ~~ Jennifer Cabral, Public Information Specialist (714) 593-7581 -----rnr.t& ------Ar. Or angc County Register Publication The Wave .CALENDAR/PAGE 12 •BILL BOADENIPAQE 11 • CITYSCAN/PAQE X •MAILBOX/PAGE B •POLICE BLOTIEIVPAQE 4 •SPORTS/PAGE 17 Rook! lt'a a choas c a mplf5 www.ocreaister.com/hunt1naton Huntington Bea.ch JULY 1 . 2004 Zone 64 Fired up Volunteers, police are ready for the city's 1 OOth July 4 party By ZAHEERA WAHID Th• Hunnngton a .. cti w..,,. Pat Stier spent the w~..:k run· nini: around, pulling rin;d !Ouches on the city's IOOth Md Jargesl-evcr July 4 celebr ation. "J tlunk we'r e belt er o rr th:in last year," said Slier, cluurwo- mnn of the Fourth or July Board ~ci' or people an: ex· pe<:tcd to flood the c 1ry on Sun- d.1)• in anticipation of the f1rst beach fireworks show in the city in more than JO yt:MS. fu. bee are =pondmg 10 the full-dny celebration by ratchet· ing up enforcement to keep a lid on polcntw.I troublemakers. "We don't know if there's 110- ini: t o he 5,000 (l<:Ol'lc or S0,000," Police Chief KcMclh Small said. So the police dcpm1m~'llt will deploy virtually every Nwom officer -220 of t hem -lo patrol the aricmoon und evcn1111: C\•e nts . About 71l o fficer.: from the Orange Counry Sheriff's lkpartrnenl and the Cahforru.1 I flghway Patrol will also help tarucr in the day. "'The rireworkli kind o rthn:w D whole new d)""1lll1c 11110 ev· ery1hini:," police Lt. Crnig Junf(ingcr sa.ici 'We unticipalc for the h uge cruwci,, but then if they don't come. then we're go- Police deployment Hunhnqton Bt.1ch DOI.Ct Wiii rtOPf'O PCH alttr lhe mor ninQ pJrddt dnd \llr11l blO<~ Int slrrtt dQ111n duunQ Int httwor k.s \rn>w Somt ZZO Huntmqlon Btach poller ofl1cfn t¥1I! bf on csuty 1n tht .Jlt trnoon •nd rvenin Q orolk • .. rrtcoc111 Ptlm ht. "~ =I HUNTINGTON loctc"A" '\ j" Pto•An .=I BUCH c.tty- E °'-.... 1011o1t1 OUYt Att. ! fft1h °"'Y t =I t'•lnu!Aw. :I o ......... 1Ll ........ o-................. ..1L .. r .. o· ........ o .... -.. :~ -Soort-..iPCNtr.ollk Soc!loo10CH-.cl ""10tl ~:::.; ~°"to ~-.t MriftQ l lt.-t• .n.,i.., --....r ror 111111< *-tn fut c.or "' CoUmsts Cndy CtOss Md StM CoNwi give ~ 11pg tor en- ~ !he day's ac:tMllO:;. ,_ I MORE Q ONLINE Chock www.0<n9lner.com for covorngo or July • n<.~MM:, ltllS wookond ing to be OK." I.Ml year, the city canceled the firework,; show becouse of work bein~ done on the Hun- 1in11ton Beach H1Rh School f ield , where the >how had b<.'Cn held for several )'cDrs . Police will t>e on the lookout for illegal f in:wo r kli on the beiich Md people snC.'.lionR al- col10I onro the bc.uch. The day or 4'Vcnts includes a SK Run, children's fu1r. p.1rude, n di..'IC jockey at the bc.uch, •i..rt..r I.I loo<• n_,...,..,. ___ _ Th e R•Qlsle1 !(llmCS, aJnlt:.<I ~ Md the $1 00,000 firewor~• s how. The commmec hll.• rai.«:<l about $270,000 of their $325,000 budget Md expcctS to .-..;.., the rest o f the mnney in time for the big cclebrauon. Volunteers have been sellinii holiday T·shins, k eychaJns, leL•. and other items at City Hall. And Albensons and Wal-Mll.n have ulso stocked o«1me of the commemorative merchundL'IC, Stier sail!. The committt:t! nlso eJCpects to raise: obout $100,000 from the sule of ticket. t.o a party on the pier. The $S0 tickets b u y a reserved seat on the pier for the flJ'Cworks show and dJOJlcr provided by Ruby's. "Tlus IS m y 10th yeAr on the board and I've never felt this befun:," Stier Mid. "We're all ready . We wont IO go. We want to h11ve fun," Independence Day In Surf City IOOlllunual Fturtb t f J uly PMMI Them.: 1 00 YtJr \ of fr4d ~t1on .. Enlrl .. : l3l tommunlty 9r~nd m1rsh1I: 011l r Dunn. 39-·ytM rt~•dtnt or = Yonlown ,4. .... HunhRQ tonBucl\,prt"denl Council HUNTINGTON : on Aq1RQ 48·v••• mrmbt1 of Rotaiy IEACH - ClfyAvt. lnttrnatio1i.1I .-no loriQt1mr voluntttr - CtltbflN qrand m.1rsh1 I; : W. lltk4 ""· Jtr1 y M~;htll of "l•••• II To Bt••t1• § :J._ Sptc!JI gutsh: : SK ""' Gordon Cl.lpp l1om "NYPD Siu<". f0<mt1 _: r.thlntlM 01ymp•c qymna1t Cat hy R1q by <l' Information: (7141 )14 ISZS +-t$f' W.Adonu A•t. 1ln"'1fNat tM Uy : :( BHcb parting loll are o1CC•\\•DI• •I - Ill. 6th dnd Huntmqlon ll<Ht\ C~t :. .:I SIS lor lbt CS.y t-f llN<FMn 6 to 10 &.m..: PdOUl.t bt«ll4\l h0\!td ;4< DytllfK,.,4m1Clubatlak•Pa1i..l•k• q-~,,_ :.:. rnsc. «>-i and Ill~ 1l1Ht1 C~l SS $ ~, 'I! ~ ___l_ 6un.:Rrci~trdhDn\t4r1 S f0<UwSutf q; ~.,.., ~ Pancake Coty SK Run'"" £100 •l lnr (Ofl>el or .:§! ~ l!!IU!tl~ •rtaklHI Molin and 11th ~trrtts '\, ~ 7 1.m.: R•<> 1l•r11 lo1 Hunti nq1on ~· ""> ~ a •• ,. 1t1idcnts . ~ . . ~ Bt.m.: Op•n racr b•qins "41, : &:30 •.m.: SK strollt11 un 11.,11 .,~ ~..,,, 4 9 1.m.: kid\ r uns sW1 ,.. "Jtt 10 a.m. l o noon: fOU'tnol July O<lt<ld• ~ "'-., 1 p.m.: Chddrtn's fun 1ont optn\ with (i) .,~ ~· , .. , ... -~-~ ef S p.m; Pitt closts ..f.'~-j Clll"""'' 6 p.m..: VIP Pdrtr on thf pttr ln<IUdts ~',,, fl(' fa..e l9CM rrstrvtd SHlS fOf hl'f'Yl'Of \S ~ft .ind ,.,., .... d"'"" IJom RuDy°I Cosl SSO 11'lrt1 ot o --J Pit< <11111 !:45to10 p.m; PCH clo1td lo 10 t.a. lit 5 11-a. 1ncommo tr11l hc 9 p.m.: f•rwor l1 1now h om 0.119• ofl COdSI Southeast's pipe nightmare Residents are f ed up with sewer project that has tom up streets and is s till a year behind schedule. •v IL YTHE 8EllMIAllll ~ Huntington Br«h Wave Jeff PhiJlips mon·d to southe1is t Hun1in~'lun Ucach m 21Xl2 to rllL'C h "' famlly 111 a quiet nc11:hhorhtl0d with ciCM :tir and i:ood school•. Thrl..: m1mth.< later. the Oran i:e County S;m- itauoo l.>1srriC1 •tnr1l'd con.<truL1wn on a sewer line prujt'CI th:J t ha• brought dust. smclb, muse and even rats to the neighborhood. Th: $.19 milhm project W•t< sur- posed to be completed in Mnrch 20().l, but 75 percent o f the work remain.•. Phillips . a s~'t.'llWnlerlpn.Kl ucer who works fn1m home, said 1rs hke "lWmJ:t: next to n Nmc I nch Nail~ con· ccn that n ever ends." The discrit1 .-replacini: n 5-l·inch underground scw1111e p1pelmc in· st:i.lled in 195-1 w11h a 9-foot pipe that 1ra>'cls from the OCSIJ plant on Brookhur.;t Sttl'Cl, a cross Hanning Avt11ue ond nonh on llu.\hard Strt.'<'l 10 another pbnr on ~Jlc' Avenue m Foun1run Valier . omc ~'llS to ld residents at un OCSD board mt-cling la.<t week that delays in construction were caused by crucks m the pipe's J0111L< and ttu1t the projl'Cl shou ld be f inished by the end or 2005. "J'h.L~ L' a real niRhlmare. I can n.•· sure you if t here tu1d hecn a tt-chniail or fm;m c~1 I solu tton to this we would lwve discovered it," said lllake An- der:;on, <X:S ll ~eneral manaRcr. "We don't have the ca'I<! craclu.'d. We do not have a solut ion with the contrJctor or the pipe manufacturer at th1.> rune" When tl1e pruJl'CI stanet.l. about I 0 Pleaso s~ SEWER I Page 3 Check out the ·new and improved HB Wave Web site, full. of ·special features: www.oaegister. comlhuntington Century of snapshots BY Bl YTliE BERNHARD Th• Huntington Bo~ch Wdvo for residents who rcmcm· her the Hcd Car, the Golden near and the End Cnfc. a vL,il to the Huntin~'1on Ueach An Cc'Tllcr's new exhibit will be nos talgic. For those who don't remember the tram c.:tr, the m{;htclub or the rcstaurMt, o visit will be educ..1t1ona.l "Moments in Time: A JO(). Year His tory of llunttnll· ton Bt::1ch" is on display t hrou gh Wednesday. Ol d year- books, surfboards. cani and hundreds o f photos were loaned b y longtime rc.1idents for display. There's even a yt:I· lowing, pocket-size'<! Thomas Guide. llocing, which has a long lustor;· in the city, looncd a moon vehicle. 'The grc.Jt plca5-un: in ttus is watehmi.: our visitors find thei r fanu!Jes' b:lckgrounds 011 d13- p l11y," said Center ntrt-ctor Klltc H offman. "Jt's s truck o chord for everyone coming through hen:." The exhibit is l(rOU~d by s ubjc'<.'I, including Huntington Beach landmnrks, 11 lhlctcs und celebrations. One wuU is cov- ered in concert poste rs and uckct s tubs from the C.olden llcar. wluch wa.• bwlt in 1926. The club w ns tom down in 1986 to make way fo r rt.-dcvelop- m en1 projL-cts. Two cars an: p;trked in the Center , one from 1920 !hut is still fwictional , and a turqumse Woody mth lhc CU.'!IOOlary wooden sideboards. The historical display ;. n ftrst for the Center, which u s u - llily shows contcmpornry an. llus exhibit is imponant because it's n reOection or this community, where it's h<.'Cll, where it i' and hopefully where we c.:in !alee it in the fu ture," Hoffman said A group of students in the Center's art camp '-ioppt.'d by to look at the exhibit. "I think it's really cool how all the things ore from the pas t and from the history of o ther people, ltke when the pi~..-fell down," said Nick Ncfrony, 9. Photo by STARR BV(l(!Th~ W•vf Huntington Beach Art Center Director Kate Hoffman in the American El<press gallery Surf City exhibrt. "-.ts In Time: A 100.Y-History al IUttlngtxln llN<h" WI......: ~ Booc:h M c..ntor. 538 Man St. When: llYO'Jl1I ""' 7 Nut Exhibit: "Things H"PPC'l .., llveeo. • a colecticn of wor1< 17{ P.U Fr.wll<. My 17 t1YOugll ALJQust 7 Kour>: w~ tlvougl1Sat\xday,noonto6 p.m. &.nday. noon to 4 pm. (closOO J.Jy 4) CI0.00 Monday Md T UOSd.ly ~'"'""lion: (7 t4) 374-1650 ~~~~~~~~~~~~~~~~~~~ The s tudent6 also rc'COgniu:d the educational value of their vi.si t. "Sometimes in your life you h:l vc to wnte K paJ><:r or some- thing and yuu have to li•tcn carefully." said Melwa Puniz, 6 Q&A: The art of history "Moments in 1Unc: A IOC>Yc.'.tr Hi.<.1ory of llwillJli:tm Ht::Jch" is oo di.<.pL1y m lhe I lun- ttngtl"ll Beach An Caltt:r throui:h J uly 7. The exlubit in· eludes cars, surlboonJs, year· book.s. ronet..Tt poster.; and hun- dred' of hi.stoticnJ photcw-.ipti.- of the oty"s landmarks, n.:s1· <kt!L\ ll1Jd scenery. The center's Wrt.-ctor. Kate Hoffman. talked to wu,·c n;'POJ1 · er lllylhc l lcmh.vd ubout the cxlubit. lhc c..1n cr and the city, How <id )'OJ btalrne ~ with the Mt Gtflttt7 An is my pn;"Y:uling J>ll."'(l(J"l. lhcn!'s oo QUL."<000 nhout it It wns an opponuruty to tuke an organization thnt wt" >"""* and J(l'Owini: and make it inUJ lil>m<>- thinR . ~ is tho best part about~ job7 What I love i.<. wutcJuni: (><l<~ pie enjoy lhcn1'Clvcs lk:re and frchng like we've cru1rcd ~ fam· ~)·. I lo''" watclun~ the organl7"1· tioo grow. We see cvcrynnc frum a 4-ycar-old in a clas.• to oor historians. 'Thcn:'s n spark. a joy that kicks in when t hc'Y arc mvolv t.-d m our prt)J:rams. MORE 0 ONLINE l o mad tho un11ro intOMOw www.o <H-gl1t•r.com/hunting· tan The lliew from a home backing up to the sewer coonruction tha t continues along Bushard Street between Hamil ton a nd Banning d venues. SEWER From page t percent of the JOints connl'CI · Ing the pipes cracked, c.:1us111g work stoppugcs. Since work re· s umed in June on modified joints, less tluin I pt:rcent huvc c r acked, occordmg to Dave Ludmn. OCS O's dirt.'Clor or en· f(Ult'<!rinf(. Existing cracks were filled m th II resin Siron· gcr th.in concrete, I .udwin snid. The construct10n CXJmp.:iny, S teve Rados. n lso fuid n !().foot pipe for OCSD near Talben Marsh in t he enrly 1990s. ac- cording t o Rados' Division Mannger M1chru:l G1ghotti. "W e nrc honestly perplexed nt this technical pipe prolllcm," G ighotti srud. "We've never in our hlSlory e xpcncnccd a problem like thi< before." Hado.< hruJ absorbed t he addi· t ionru costs -m illions o f dol· lars, 11ccordinR to GighotlJ -of t he dcluyL'd projc'CI. "We don't bchcve it's Hndo.,· responsibility that we've had to cat these costs," he said. "We may or muy n ever Ret rt:lieved from those costs." Several strc'Cts lc.adinR to housinR tracts o ff Buslutrd l>t>- twc'<.'fl Bunnin11 and Hnmtlton uvcnut..,, have been closed o ff fur m ore than n ycnr b<.'Cause of the construction. In u memo sent to resiclcn ts in Sept ember 200J, OCSO officials srud nU rood.< ftadiflll t o t he n :sidcnnal t racts would rt.'OpCtl by Oct . J I , 200J. 'They've closed our streets orr and kc-pt u s prisoner in our own tracts," Laurel Sobie said. Cott<trucr io n should be pa.st 1 lnmilt on and those s lrc'C ts s hould reopen in JO Wc'Ck.q, o ffJ· cials said. Some 42 res ident s h.wc fikd 10Surancc claims for damages to their homes. "It i< the contrac10r's re~ sponsib1hty," l.udwin said "!f (the claim JS) denied, the san· llatinn district has committed t o lookin~ :it u. ff we bchevc 11 L< d:image (from the construe- More ntomiabon. JeMifer Cabml, ocso Pl.die tnfomiab()rl (714) 593-7581 To..,., o rnao or tho project's prog1>M" www.ocngb.- t.<.ex>mlhuntlngton lion) We m il !HKC care Of it .'' Two c laims Juve hecn Sci· tied, and Ludwm smcl un indc' pt.'fldcnt inspector m il be hired to look at the rest o r the c laims . Rados ha.•n't complctc'll it s claims invcst1J(ations, G 1jlliotti said. "If we've drunagcd a home, we're goini; to n:pnir ir," Gi· i:hotti said. "We're gcnuincl)' concerned bur we JUSt have t o be sure r..hnt we in foci caused and crc:ued the problem." Phillip.1 paid $1,600 t o repair n plumbing leak in h is home's foundatioo that he thinks w o.• caused by the v1brutions o f the construt1:ion. "We no longer n eed nlnrms, everybody 1:ets up ut seven," Phillips snid Residcnt3 olst> snid they were concerned ~bout childn.'Tl playinR in the constructJon nr- ca_ rolled pipes Jell ovemi11ht behind their h omes, 1cllmR trucks and Wc'<.-d overgrowth. The d igi.'ing ha.' unearthed mes, mosquitoes, ~ts and ruts that found their wny Into )'Brds and ho mes. they said. ocsn oftidnls snid they nrc doing the best they c.:in t o dCAl with residents' concerns. They hired a security gwtrd L15t week t o keep children ond sk.1· tcboarders o ff the construciion equipment. Plt-ces of old pipe will be rcmovt-d the same d:1y t)l.,y are taken out or the i.=wid Trucks will be re· QUJred to shut orf thctr engines instClld o f 1cllm1?, and Wc'Cds h.1Ve lx..'Cn removed fn1m the sidewalks. Residents s:ud they ore also wortic'd about the c.ffc'Cls or groundwater bcmi: sucked out of lhe construct100 nre" and wondered if their homes and pools could sink. L.1 yin 1: t he PleoS-O see SEWER I P ogo 6 1 ~ I :; r .... :z: lft ~ > < lft °' 41> 3 °' \THE FOUNTAIN VALLEY VIEW Thursday. Ju ly 1. 200 4 The Orange County Reg ist er Residents fed up with sewer project The pipe replacement that has chewed up Southeast HB streets is more than a year be- hind schedule. BY BLYTHE BERNHARD The Fountain Valley View Jeff Phillips mo\·ed to so uth- eas t H untin b'l:On Beach in 2002 w rai se hi s family in a quiet nei g hb orhoo d with clean air and goo d schools. Tlu·ee months later, th e Orange Cou nt y Sanitati on Di s trict s t<u-t e d construction on a sewer lin e proj ect that ha s brought <lust, s mell s, no ise and even rats to the neighborhood. Th e $39 million projec t was s upp ose d to be co mpleted in :\larch 200-l, but 75 pe rce nt of the work r e main s. Phillip s, a sc rc emn-iter/pro- ducer who works from home, said it's like "li vin g next to a Nin e In c h Nail s concert th at ne\·c r e nds ." The district is replac ing a s+inch underground se wage pipeline in s talled in 1954 with a 9-foot pip e tha t u ·ave ls from th e OCSD plill1t on Brookhurst Street, across Banning A venue an d uonh on Bushard Street to anothe r plan t on Ellis r\ ve nue in Fountain Vall ey. Officials told residents at an OCSD board meeting last week th at delays in construction were caused by cracks in th e pip e's joints and that the pro- ject s hould be finished by the e nd of 2005. "This is a real nightmare . I can assure you if there had been a technical or financial so- lution to this we would have discovered it," said Blake An- derson, OCSD ge neral man- ager. "We don't have the case cracked. We do not have a solu- tion with the contractor or th e pipe manufacturer a t this time ." Wh en th e project s tarted, about 10 percent. of the joint s cormec ting the pipes cracked, caus ing work s toppages. Since work res um ed in June on mod- ified joints, le ss than 1 percent have cracke d, according to Da ve Ludwin, OCSD's director of engineering. Existing cracks were filled with a resin stron- ge r than concrete, Ludwin said. The construction company, Steve Rados, al.so laid a 10-foot pipe for OCSD near Talbert l\larsh in the early 1990s, ac- cording to Rados ' division man- ager, ivlichael Gigliotti. "We are honestly perplexed at this technical pipe problem ," Gigliotti said. "We've ne ve r in our history experienced a problem like this befor e." Rados has absorbed the addi- tional co sts -millions of dol- lars, according to Gigli otti -of the delay ed project. ''We don't believe it's Rados' responsibility that we've had to eat these costs," he said. "We may or may never get relieve d from those costs." Several streets leading to housing tracts off Bu shard be- tw een Banning and Hamilton avenues have been closed off for more than a year b eca us e of the co nstruction. In a mem o se nt to residents in September 2003, OCSD officials said all roads leading to the residential tracts would reopen by Oct 31, 2003. "They've closed our streets off and kept us pris oner in our own tracts," Laurel Sobie said. Construc tion should be past Hamilton and tho se streets The view from a home backing up to the sewer con- struct io n that con- tinues in Hun t ing - ton Beach a lon g Bushard Stre et, be- tween Ham ilton and Banning a ve- nues. Ph oto b y STARR BUCK I The View should reopen in 10 we eks, offi- cials said . Some 42 r es idents ha ve filed in s urance claim s fo r damage s to their homes. "It is the con tractor's r e- sponsi bili ty," Ludwin said. "If (the claim is) denied, the san- it a ti on distric t has conunittcd to looking at it. If we believe it is damage (from the construc- tion) we will take care of it." Two claims have been set- tled, and Ludwin said an ind e- pendent in spector will be hir ed to look a t th e res t of the claims. Rado s hasn't completed it s Please see SEWER I Page 18 SEWER FROM PAGE 5 daims investigations, Gi- 6liotti said .. "If we've damaged a home, we're going to repair it," Gi- gliotti said. "We're genuinely concemed but we just have to be sure that we in fact caused and created the prob- lem.'' Phillips paid Sl,600 to re- pair a plumbing leak in his home's foundation that he said was caused by the vibra- tions of the construction. "We no longer need alarms, e\·crybody gets up at se\·tn," Phillips said. Residents also said they were concerned about chil- dren playing in the construc- tion area, rotted pipes left O\'ernight behind their homes, idling trucks and weed overgro\\th. The dig- ging has unearthed flies, mosquitoes, ants cmd rats that found their way into yards and homes, they said. OCSD officials said they are doing the best they can to deal with residents' concerns. They hired a secw·ity guard last week to keep children and skateboarders off the consu11ction equipment. Pieces of old pipe will be re· moved the same day they are taken out of the ground. T111cks will be required to As sewer construction continues in Huntington Beach along Bushard Street between Hamil- ton and Banning avenues, neighboring homeowners say their properties are suffering damage, like the cracks on a textured planter box, right, that is only a few months old. Photos by STARR BUCK I The View shut off their engines instead of idling, and weeds have been removed from the sidewalks. Residents said they are also worried about the effects of groWldwater being sucked out of the construction area and wondered if their homes and pools could sink. Laying the pipe requires dry soil, so groundwater is temporarily pumped into wells alongside the pipe's route. "We don't believe there's any settlement due to the de-· watering. operations," Lud- win said. "Once construction activities are completed, the groWldwater goes back to where it was normally.'' .The district has hired geo- technical consultants to study the impact of the water pump- ing. "As people bring up these is- sue~, we're trying to go above and beyond (to solve them), Ludwin said "The best thing we can do is just move it along and get out of their neigh- borhood." Most of the preparation work at intersections along the Bushard route has alreadv been completed, and constmc- tion is moving at a rate of 80 to ; 100 feet per day, Ludwin said. "Ifs been our sole purpose to try to achieve a timely solu- tion to this job," Anderson \ said. OCSD is also preparing to start another project in Foun- tain Valley -a new pump sta- tion to transport wastewater from sewer pipes to the Ellis Avenue treatment plant. The current pump station - located 35 feet beneath the in- tersection of Ellis and Bush- ard Street -was built in 1952 J and needs replacing. , There are six possible loca-i tions in the city, including one that would require the demoli- tion of two homes near Ellis and Bushard. The environmental review on the $32 to $48 million pro- ject -including reports on all six sites -should be ready for residents to review in Septem- ber. Construction is expected to start in September 2007 and last a year. For more information: Jennifer Cabral, OCSD's public in- foonation specialist (714) 593-7581. To see a map of the project's progress, visit www.oaegister.com111unting- ton Orange County Register Friday, July 9, 2004 Residents 'frustrated' with sewer project Sanitation district says it's doing its best to address concerns of noise, damage from delayed Huntington pipe replacement. By BLYTHE BERNHARD HUNTINGTON BEACH -Mike Kenney has been awakened by his wife's wheezing and the smell of diesel in his home. Next door, Jeff Phillips tries to write screenplays while ear-splitting construction rumbles 10 feet from his back wall and two sleep-deprived toddlers scream outside his home office. Traffic snarls, shaky ground and street closures have plagued southeast Huntington Beach neighborhoods for 18 months because of an Orange County Sanitation District sewer line project. Phillips likens the experience to "living next to a Nine Inch Nails concert that never ends." The district is replacing a 54-inch-diameter underground sewage pipe installed in 1954 with a 9-foot-wide pipe that travels from the OCSD plant on Brookhurst Street, across Banning Avenue and north to Bushard Street and Ellis Avenue in Fountain Valley. The $39 million project was supposed to be completed in March, but 75 percent of the work remains. "I'm just tired of the whole project," Kenney said. "I'm frustrated, I'm angry, I've got diesel fumes, I've got smoke all day, the back yard's cracking and nobody's accepting responsibility." Officials told residents at an OCSD board meeting last month that delays in construction were caused by cracks in the pipe's joints and the project should be finished by the end of 2005. ''This is a real nightmare. I can assure you if there had been a technical or financial solution to this, we would have discovered it," said Blake Anderson, OCSD general manager. "We don't have the case cracked. We do not have a solution with the contractor or the pipe manufacturer at this time." The problems began three months after work started in December 2002. About 1 O percent of the joints connecting the pipes had cracked, triggering a 8/16/2004 MORE Call the construction hotline at (714) 378-2965 or Jennifer Cabral, OCSD public information, (714) 593-7581: · Blank series of work stoppages. Since work resumed in June on modified joints1 fewer than 1 percent have cracked 1 said David Ludwin 1 OCSD's director of engineering. Page 2 of3 See a map of the project's progress: www.ocregister.com/ nu_l']tington The construction company, Steve Rados, also laid a 10-foot pipe for OCSD near Talbert Marsh in the early 1990s1 Rados' division manager Michael Gigliotti said. "We are honestly perplexed at this technical pipe problem," Gigliotti said. "We1ve never in our history experienced a problem like this before." Rados has absorbed the additional costs -millions of dollars, Gigliotti said -of the delayed project. 'We don't believe it's Rados' responsibility that we've had to eat these costs," he said. "We may or may never get relieved from those costs." Streets leading to housing tracts off Bushard between Banning and Hamilton avenues have been closed since February because of the construction. Officials say those streets should reopen in August. 'They've closed our streets off and kept us prisoner in our own tracts!" Laurel Sobie said. Some 42 residents have filed insurance claims for damage to their homes. Phillips said he paid $1,600 to have a plumbing leak in his home's foundation repaired. He believes the construction vibrations caused the leak. Three claims have been settled, and Rados' insurance company hired an independent inspector to look at the rest. "If we've damaged a home, we're going to repair it," Gigliotti said. "We're genuinely concerned, but we just have to be sure that we in fact caused and created the problem." Residents also said they were concerned about children playing in the construction area, rotted pipes left overnight behind their homes 1 idling trucks and weed overgrowth. There also seem to be more fliest mosquitoes1 ants and rats in the neighborhood, said residents, who say they believe the digging unearthed the critters. OCSD officials said they are doing the best they can to deal with residents' concerns. They hired a security guard last week to keep children and skateboarders off the construction equipment. Pieces of old pipe will be removed the same day they are taken out of the ground. Trucks will be required to shut off their engines instead of idling, and weeds have been removed from the sidewalks. Residents said they also are worried their homes and pools could sink because groundwater is being sucked out of the construction area. Laying the pipe requires dry soil, so groundwater is temporarily pumped into wells alongside the pipe1s route. The district has hired geotechnical consultants to study the impact of the water pumping. "We don't believe there's any settlement due to the dewatering operations," Ludwin said. "Once construction 8/16/2004 · Blank Page 3 of3 activities are completed, the groundwater goes back to where it was normally." Most of the preparation work at intersections along the Bushard route has been completed, and construction is moving at a rate of 80 to 100 feet per day, Ludwin said. "As people bring up these issues, we're trying to go above and beyond (to solve them), Ludwin said. "The best thing we can do is just move it along and get out of their neighborhood." 8/16/2004 . Our:,··;TIWns.· : : ' : ·. . .. :·'>~( /k'SJ.t~~~· ... i;j~~~i<~ ·.~ .. :>dt._. f The Orange Counif a ,.,,., .•......... ,July 14;2004 From: Sent: To: Subject: forinformation@ocsd.com Friday, July 02, 2004 11 :51 AM Bushard Weekly Update Weekly Status Update -Friday July 2, 04 to Friday July 9. 04 Bushard Street -108-inch pipe installation: During this week, construction will continue on Bushard between Banning Avenue and Drumbeat Drive intersection. The work performed will include installation of the 108-inch pipe up to mid-Drumbeat I Bushard intersection and street restoration work (i.e., replacement of gutter, curb, sidewalk panels and preparation of street for asphalt paving}. No work will be performed on July 5, 04 due to July 4, 04 holiday. If you have any questions please call the Construction Hotline at (714} 378-2965. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3807 for an updated Construction Map. 1 ... .,, .,, <( 0 ::; er 0 <( z :r C> .,, <( ::> ::s al Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -July 2, 2004 . ELLIS AV .... w z ~ u >-~ FOIJ'I AIN GARFIELD AV ... .,, ... .,, er ::> :r :.:: 0 0 er al ADAMS AV IND IANAPOLIS AV ocso PLANT N0.1 • • D Installed 108-inch Pipe and Completed Intersection Structures I Current Construction Areas I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378 -2965 Upcomi ng Yorktown I Bushard Installation of 15-i nch City S ewer Siphon and 60-inch Pipe . E stimated start: Mid-July, 2004. North Closure: Construction w i ll occur on the North side of Yorktown/Bushard intersection. Bushard fully closed between Mid-Yorktown Avenue to Bass Dr. intersection. Upcoming 108-in ch Installation Installation of 108-inch pipe. E stimated Start : First week of August, 2004. Bu s hard St. will be fully closed between Drumbeat Dr intersection and Mid-Hamilton Ave intersection . Current 108-inch Installation Inst allation of 108-inch pipe and Street Restoration work. Estimate d Completion: First week of August, 2004. Bushard St. fully closed between Banning Ave. intersection and Drumbeat Dr. intersection. From: Sent: To: Subject: forinformation@ocsd.com Th11r~dav. July OB, 2004 5:47 PM OCSD Bushard Project Information Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3829 to view the Questions and Answers from June 23 Board Meeting regarding the Bushard Project. Thank you for your time and patience during this construction period. If you have any questions please call the construction hotline at 714.378.2965. 1 I- UI < ::; 0 z C> < ~ ! u Ii: w "' ...J If UI c 0: < '.I: UI :::> CD Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -July 9, 2004 ELLIS AV ...J w z ~ u i:; :l :i: FO L.f'I AIN GARFIELD AV I- UI I- UI 0: :::> '.I: lo:: 0 0 0: CD ADAMS AV INDIANAPOLIS AV Drumbeat Dr OCSD PLANT N0.1 • Installed 108-inch Pipe and Completed Intersection Structures • I Current Construction Areas 0 I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Upcoming Yorktown I Bushard Installation of 15-inch City Sewer Siphon and 60-inch Pipe. Estimated start: Wednesday July 14, 2004. North Closure: Construction will occur on the North side of Yorktown/Bus hard intersection. Bushard fully closed between Mid-Yorktown Avenue to Bass Dr. In tersectio n. Upcoming 108-lnch Installation Ins ta llation of 108-inch pipe . Estimated Start: Firs t week of August, 2004. Bushard St. will be fully closed between Drumbeat Dr Inter section and Mid-Hamilton Ave inte rsection. Current 108-inch Installation Installation of 108 -i nch pipe and Street Restoration work. Estimated Completion: First week of August, 2004. Bushard St. fully closed between Banning Ave. Intersection and Drumbeat Dr. intersection. From: Sent: To: Subject: forinformation@ocsd.com Thursday, July 15, 2004 9:43 AM Bushard Weekly Update -July 16, 2004 -July 23, 2004 Weekly Status Update -Friday July 16, 04 to Friday July 23, 04 Bushard Street -108-inch pipe installation: During this week, construction work will continue on Bushard between Banning Ave and Drumbeat Dr intersection. The work performed consists of street restoration work (i.e. replacement of gutter, curb, sidewalk panels and preparation of street for asphalt paving). North Yorktown/Bushard Intersection -60-inch pipe and 15-inch City sewer installation: During this week, construction work will continue at the North Yorktown/Bushard intersection. The work performed consists of installation of 12-inch water valves and construction of 15-inch city sewer siphon. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?Blob!D=3854 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. 1 ... "' "' <t. 0 ::::; 0: 0 <t. z :c e,, "' <t. :::> ::: '° Orange County Sanit ation Dist rict Bushard Trunk Sewer Construction Project Weekly Status Update -July 16, 2004 ELLIS AV -' w z ~ (.) >-w :::l ~ FOLN AIN GARFIELD AV ... "' ... "' 0: :::> :c x: 0 0 0: '° ADAMS AV I NDIANAPOLIS AV Drumbeat Dr ocso PLANT N0.1 • Installed 108-inch Pipe an d Completed Intersection Structures • I Current Construction Areas D I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Current Yorktown I Bushard Intersection Work Installation of 15-inc h Ci ty Sewer S i phon and 60-inch P ipe . Estimated Completion : First week of September, 2004. North Clos ure: Construct ion will occur on the North side of Yorktown/Bush ard intersection. Bushard fully closed between Mid-Yorktown Avenue to Bass Dr. intersection. Upcoming 108-inch Installation In stallation of 108-inch p i pe. Estimated Start: First w eek of August, 2004. Bushard St. will be fully close d between Drumbeat Dr Intersection and Mid-Hamilton Ave intersection. Current 108-inch Installation Installatio n of 108-inch pipe and Street Restoration work. Estimated Completion: First week of August, 2004. Bushard St. fully closed between Banning Ave. Intersection and Drumbeat Dr . intersection. From: forinformation@ocsd.com Sent: Thursday, July 22, 2004 12:34 PM To: Subject: Bushard Weekly update -July 23 -July 30 Weekly Status Update -Friday July 23, 04 to Friday July 30, 04 Bushard Street -108-inch pipe installation: During this week, construction work will continue on Bushard between Banning Ave and Drumbeat Dr intersection. The work performed consists of street restoration work (i.e. replacement of sidew~lk panels, installation of new trees and preparation of street for asphalt paving). Restoration of curb and gutter has been completed at this location and base paving work is scheduled for Friday July 30, 04. North Yorktown/Bushard Intersection -60-inch pipe and 15-inch City sewer installation: During this week, construction work will continue at the North Yorktown/Bushard intersection. The work performed consists of construction of a 15-inch City sewer siphon. The Installation of four 12-inch water valves has been completed. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3896 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. If you would like to be removed from this distribution list please reply back to this e- mail. 1 f- "' "' < 0 :::; er: 0 < z :c <-' "' < => :::!: CD Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -July 23, 2004 ELLIS AV _, w z ~ <.> ,_ w :J ~ FOl..N AIN GARFIELD AV f- "' f- "' er: => :c ~ 0 0 er: CD ADAMS AV IND IANAPOLI S AV Drumbeat Dr OCSD PLANT N0.1 • Installed 108-inch Pipe and Completed Intersection Structures • I Current Co n struction Areas D I Upcoming Cons truction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Current Yorktown I Bushard Intersection Work Installation of 15-inch City Sewer Siphon and 60-inch Pipe. Estimated Completion: First week of September, 2004 . North Closure : Construction will occur on the North side of Yorktown/Bus hard intersection. Bushard fully closed between Mid-Yorktown Avenue to Bass Dr. intersection. Upcoming 108-inch Installation Installation of 108-inch pipe. Estimated Start: First week of August, 2004. Bushard St. will be fully c l osed between Drumbeat Dr Intersection and Mid-Hamilton Ave inte rsecti on. Curre nt 108-inch Installation Installation of 108-inch p i pe and Street Restoration work. Estimated Completion : First week of August, 2004. Bushard St. fully closed between Banning Ave. Intersection and Drumbeat Dr. intersection. From: Sent: To: Subject: forinformation@ocsd.com Thursdav. July 29, 2004 5:13 PM OCSD Bushard Weekly Update -July 30 -August 6 Weekly Status Update -Friday July 30, 04 to Friday August 6, 04 Bushard Street -108-inch pipe installation: Between Banning.Ave and Drumbeat Drive intersection: Bushard will be open to thru traffic August 3, 2004. Base asphalt paving work has been completed. Replacement of sidewalk panels and installation of new trees will continue on Bushard and is 30 percent complete. Between Drumbeat Drive and Mid-Hamilton intersection: Bushard will be closed to thru traffic on August 3, 2004. During this week temporary traffic control, detour set-up and installation of the 108-inch pipe will take place. North Yorktown/Bushard Intersection -60-inch pipe and 15-inch city sewer installation: During this week, construction work will continue at the North Yorktown/Bushard intersection. This work is 15 percent complete and entails the construction of a 15-inch city sewer siphon. Preparation work for the installation of the 60-inch pipe at the intersection will begin. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?Blob!D=3907 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. If you would like to be removed from this distribution list please reply back to this e- mail. 1 .... "' "' <{ 0 :::; a: 0 <{ z J: C) "' <{ :> :i; m Orange County Sanitation Dist rict Bushard Trunk Sewer Construction Project Weekly Status Update -July 30, 2004 ELLIS AV ..J w z 11 J: u >-~ ~ FOIJ'I AI N GA RFIELD AV .... "' .... "' a: :> J: ><'. 0 0 a: m ADAMS AV INDI ANAPOLIS AV Drumbeat Dr OCSD PLANT N0.1 • • D Installed 108-inch Pipe and Completed Intersection Structures I Current Cons truction Areas I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Current Yorktown I Bushard Intersection Work Installation of 15-inch City Sewer Siphon and 60 -i nch OCSD Sewer . Estimated Compl etion: First week of September, 2004. North Closure: Construction occurs on the North side of Yorktown/Bushard intersecti o n . Bushard fully closed between Mid-Yorktown Avenue to Bass Dr. intersection. Upcoming Closure for 108-inch I nstallation Ins t a llation of 108-inch pipe. Estimated Closure Start: August 3, 2004. Estimated Start of 108" In sta llation : August 11 , 2004 Bushard St. will be fully closed between Drumbeat Dr Intersection and Mid-Hamilton Ave intersection. Current 108-inch Installation Installation of 108-i nch p i pe and Street Restoration work. Estimated Completion: August 3, 2004. Bushard St. fully c losed between Banning Ave. Intersection and Drumbeat Dr. intersect ion. From: forinformation@ocsd.com Sent: Friday, August 06. 200410:05 AM To: Subject: OCSD Bushard Weekly Update -August 6 -August 13 Weekly Status Update -Friday August 6, 04 to Friday August 13, 04 Bushard Street -108-inch pipe installation, removal and replacement of 12-inch waterline: Between Banning Ave and Drumbeat Drive intersection: Bushard is open to thru traffic between Banning Ave and Drumbeat Dr. Replacement of sidewalk panels and installation of new trees will continue on Bushard and is 40 percent complete. Between Drumbeat Drive and Hamilton intersection: Bushard is closed to thru traffic between Drumbeat Dr and Hamilton intersection. Installation of the 108-inch pipe will continue, current work progress is at 5 percent. Removal and replacement of a 12-inch waterline will begin. North Yorktown/Bushard Intersection -60-inch pipe and 15-inch city sewer installation: During this week, construction work will continue at the North Yorktown/Bushard intersection. This work is 35 percent complete and entails the construction of a 15-inch city sewer siphon. Preparation work for the installation of the 60-inch pipe at the intersection continues. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3921 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. If you would like to be removed from this distribution list please reply back to this e- mail. 1 .... "' "' < 0 :::; a: 0 < z :c C> V> < ::> ::i: m Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -August 6, 2004 ELLIS AV ... w z ~ u ,.. w ~ FOU'l AIN GARFIELD AV .... "' .... "' a: ::> :c ><'. 0 0 a: m ADAMS AV I NDIANAPOLIS AV Drumbeat Or OCSD PLANT N0.1 • Installed 1 OB-inch Pipe and Completed Intersection Structures • I Current Construct ion Areas D I U pcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Current Yorktown I Bushard Intersection Work Installation of 15-inch City Sewer S iphon and 60-inch Pipe . Estimated Completion: F irst week of September, 2004. North Cl osure: Construction will occur on the North side of Yorktown I Bushard intersection. Bushard fully closed between Mid-Yorktown Avenue to Bass Drive intersection . Current Hamilton I Bushard Intersection Work In stallation of 1 OB-inch pipe and removal and replacement of 12-inch waterline. Estimated Complet ion : First week of October, 2004. South Closure : Construction will occur on t h e South side of Hamil ton I Bushard intersection. Bushard fully closed between Drumbea t Drive and Mid-Hamilton Avenue intersection . From: Sent: forinformation@ocsd.com Thursdav. August 12, 2004 5:21 PM To: Subject: OCSD Bushard Weekly Update -August 13-August 20 Are these weekly updates useful? Do you get the information you need? Is there something missing? Please respond to this e-mail and let us know what you think. Bushard Project Weekly Update - Friday August 13, 04 -Friday August 20, 04. Bushard Street -108-inch pipe installation and removal and replacement of 12-inch waterline Banning Ave and Drumbeat Drive intersection: .Bushard is open to traffic between Banning Ave and Drumbeat Dr . . Street Restoration is 80 percent complete . . New sidewalk panels and installation of new trees have been completed up to Landfall Drive . . Street restoration will continue to Drumbeat Drive . . Rambler Drive will be open to thru traffic. Drumbeat Drive and mid-Hamilton intersection: .Bushard is closed to thru traffic between Drumbeat Dr and mid-Hamilton intersection . . During this week installation of the 108-inch pipe will continue, this work is 10 percent complete . . The installation of a 12-inch water valve is complete. North Yorktown and Bushard Intersection -60-inch pipe and 15-inch city sewer installation: .Construction continues at the North Yorktown/Bushard intersection . . The 15-inch city sewer siphon was completed .Preparation work for the installation of the 60-inch pipe at the intersection continues . . This portion of work is 40 percent complete. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3941 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. If you would like to be removed from this distribution list please reply back to this e- mail. 1 .... "' < ::; 0 z <.? < ::i: Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -August 13, 2004 ELLIS AV -' w z ~ u ,_ w :j ;!: FO\J'I AI N GARFIELOAV AOAMS AV .... "' 0: => J: " 0 0 0: al I ND IANAPOLIS AV Drumbeat Or ocso PLANT N0.1 • Installed 108-inch Pipe and Completed Intersection Structures • I Current Construction Areas D I Upcoming Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378 -2965 Current Yorktown I Bu shard Intersection Work In s tallation of 1 5-inch City Sewer Siphon and 60-inch Pipe . Estimated Completion: First week of September, 2004. North Closure: Construction will occur on the North side of Yorktown I Bus hard intersection. Bushard fully closed between Mid-Yorktown Ave nue to Bass Drive intersection . Current Ham ilton I Bushard Intersection Work In stallation of 108-inch pipe and rem ova l and r epl acement of 12-inch waterline. Estimated Completion: First week of October, 2004. South Closure: Construction will occur on the South side of Hamilton I Bushard inter section. Bushard fully closed between Drumbeat Drive and Mid-Hamilton Avenue Intersection. From: forinformation@ocsd.com Sent: Friday, August 20, 2004 11 :09 AM To: Subject: OCSD Bushard Weekly Update -August 20 -August 27 Bushard Street -108-inch pipe installation and removal and replacement of 12-inch waterline: Banning Ave and Drumbeat Drive intersection: Bushard is open to traffic between Banning Ave and Drumbeat Drive. Street restoration is 85 percent complete. Street restoration will continue from Landfall to Drumbeat Drive and is expected to be complete the first week of October. Drumbeat Drive and mid-Hamilton intersection: Bushard is closed to thru traffic between Drumbeat Drive and mid-Hamilton intersection. During this week installation of the 108-inch pipe will continue, this work is 35 percent complete and is expected to be complete the first week of October. North Yorktown and Bushard Intersection -60-inch pipe sewer installation and 15-inch city sewer installation: During this week, construction work will continue at the North Yorktown/Bushard intersection. The construction of a 15-inch city sewer siphon was completed and preparation work for the installation of the 60-inch pipe at the intersection continues. The work in this part of the intersection is expected to be completed by the first week of October. Overall progress is at 50 percent complete. Please visit http://www.ocsd.com/civica/filebank/blobdload.asp?BlobID=3946 for an updated Construction Map. If you have any questions please call the Construction Hotline at (714) 378-2965. If you would like to be removed from this distribution list please reply back to this e- mail. 1 Orange County Sanitation District Bushard Trunk Sewer Construction Project Weekly Status Update -August 20, 2004 ELLIS AV ...J w z ~ u > j ~ FOLf'I AIN GARFIELD AV ocso PLANT N0.1 • Insta lled 1 OS-In c h Pipe and Completed Inter section Structures • I Current Construction Areas D I Upcom ing Construction Areas FOR MORE INFORMATION CALL CONSTRUCTION HOTLINE (714) 378-2965 Current Yorktown I Bushard Intersection Work Installation of 15-inc h City Sewer Siphon a nd 60-inch Pipe. Estimated Completion: First week of October, 2004. North Closure: Construction will occur on the North side of Yorktown I Bushard intersection. Bushard fully closed between Mid-Yorktown Ave nue to Bass Drive intersection . Upcoming Yorktown I Bushard In stallation of 60-inch Pipe. Estimated start: First week of October, 2004. Bushard St. will be fully c l osed between Mid- Yorktown Ave and Petts wood Dr Intersection. Upcoming 108-inc h In s tallation Installation of 108-inc h pipe. E sti mated Start: First week o f October, 2004. Bushard St. will be fully closed between Mid- Hamilton Ave and Panacea Dr Intersection . Current Hamilton I Bushard Intersection Work Installation of 108-inc h pipe and r emoval a nd rep lacement of 12-inch waterline . E stimated Completion: First week of October, 2004. South Closure: Construction will occur on the South side of Hamilton I Bu s hard intersection. Bushard fully c losed between Drumbeat Drive and Mid-Hamilton Avenue intersection . STATE OF CALIFORNIA) ) SS . COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2 , I hereby certify that the Notice and Agenda for the Regular Board Meeting of Orange County Sanitation District to be held on _a.~._;; S-: 2004, was duly posted for pub lic inspection in the main lobby of the Districts' offices on a t#// , 2004 . ..ar IN WITNESS WHEREOF, I have hereunto set my hand this /f day of -~'""---.4--"----'----' 2004. District H :\DEPT \ADMIN\BS\FORMS\AG EN D A CERTIFICATION. DOC p ho ne: 17141 962-2411 fax: (7 14] 962-0356 www.ocs d .com maili n g a d dress: P.O Box 8127 Fou ntain Va lley, CA 9272 8-8127 street address: 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Memb e r Ag en ci es • Cities Anaheim Brea Buena Park Cypress Fountain Valley Fullerton Garden Grove H untington Beach Irvine La Habra La Pe/ma Los Alamitos Newport Beach Orange Placentia Santa Ans Seal Beach Stanton Tustin Ville Park Yorba Linda Cou nty of Ora n ge S a nitary Districts Coste Mess Midway City Water Districts Irvine Rench ORAN GE C OU NTY SAN ITATIO N DIS TRICT August18,2004 To the Chair and Members of th e Board of Directors Subject: Board Letter The following are items that you may find interesting. If you need additional information on any of the items , please call me . Compliance Deadlines Looming for Cities and Sanitary Districts . Take Notice! As you all know , the Reg ional Water Quality Cont rol Board (RWQCB) issued Waste Discharge Requirements (WDR) Order No. RS-2002-0014 on April 26 , 2002 to all sewering agencies within the OCSD service area. The ultimate purpose of this order is to reduce sewage spills in our s ervice area. Distri ct staff has provided you with ongoing updates of our progress as we have moved forward to meet these requirements. On August 4 , 2004, the RWQCB sent a letter to all c ity mangers , san itary district managers and sewer superintendents (contact names attached) expre ssing serious concerns about the ability of som e agencies to meet the December 30 , 2004 deadline for the s ubmittal of an effective fats , oils and grease (FOG ) control program together with the legal authority to implement the FOG control program and other requirements of the WDR . In addition, the RWQCB letter requires lo ca l cities and collection agencies cov ere d by th e subject Order to submit a status report, by September 15, 2004 , that outlin e s how you are planning on meeti ng the req uirements of a Capacity Assuran ce Plan due by July 30 , 2005 and a Sewer System Rehabilitation Plan due by September 30 , 2005. A copy of the WQQCB letter detailing these requirements is provided as an attachment and I encourage you to share this information with your fellow council members and board members . This information comes on the heels of recent news from th e City of Los Angeles that it has agreed to pay $800 ,000 in civil penalties to the EPA and th e entire $1.6 million in legal costs incurred by Santa Monica Baykeeper due to a re cent lawsuit over ongoing sewage spills and their impact on public health and the environmen t. I am attach ing two recent news article s describing the challenge Los Angeles is facing to replac e its aging sewer system . OCSD has always promoted preventive maintenance and long-term planning under our cap ital improvement program to ensure that we replac e our aging sewers before they reach the end of th eir useful life . The Los Angeles ex peri ence is a wa ke up call for our member cities and agencies to respond aggressively to meet th e requirements of the RWQCB WDR order. To mamtam world·class leaders hip m wast e water and wa t er resource managem ent . ' Board of Directors Page 2 August18,2004 California Continues Class B Land Application Via General Permit On July 22nd, the California State Water Resources Control Board (SWRCB) amended its General Order for biosolids land application . The General Order will allow for the continued land application of Class B biosolids in California via a general permit mechanism. The General Order also included a signi fic ant policy statement that articulates the SWRCB's support of the beneficial use of biosolids in California. The policy statement reads: 'This General Order establishes a regulatory system to manage biosolids in a manner that is reasonably protective of public health and the environment to the extent of present scientific knowledge. The beneficial use of biosolids through land application under this General Order is environmentally sound and preferable to non-beneficial disposal." In response to critics who wanted to limit Class B options, the SWRCB went on to say: The SWRCB finds that the Class A Only Alternative is infeasible because it would restrict the options available to POTWs for the land application of biosolids and substantially increase their management costs .... Having options available is necessary in order to enable POTWs to effectively manage their biosolids at a realistic cost. Th e health- related distinction between Class A biosolids and Class B biosolids, when applied subject to Part 503 regulations and the additional provisions of the GO, is negligible. Both result in essentially the same level of protection for the public. As discussed in the FEIR, there have been no documented cases of health impa cts d irectly related to the land application of biosolids. Adoption of the Class A Only Alterna tive would create an additional economic burden for POTWs for negligible advantages in health and safety protections. We believe that the SWRCB 's policy statement will provide much-needed su pport to maintain the viability of diverse biosolids management programs throughout the State that emphasizes the beneficial use of biosolids. Fats, Oils and Grease (FOG) Outreach (The "Toolbox") The Santa Ana Regional Water Quality Control Board (RWQCB) is requ iring that OCSD and other sewering agencies each prepare a Sewer System Management Plan. One of the requirements of the plan is the deve lopment of a Fats, Oils and Grease (FOG) Control o utreach program that minimi zes the dis charg e of FOG into the sewe r. Each city and district is to have such a program by De cembe r 30 , 2004 . ' Board of Directors Page 3 August 18,2004 The Waste Discharge Requirements Steering Committee joined with the OCSD Communications Division to coordinate the joint development of a FOG outreach program on behalf of those cities and districts in our region which wished to participate. The costs of development will be shared equally by the participants. The results of that effort are being delivered this month to 22 cities and districts in the form of a box of tools for educating the public about the proper disposal of FOG. The final toolbox contains more than 90 elements , including a videotape , posters, a brochure, and a desktop exhibit, among others. That large number is necessary because the box includes components for addressing four audiences: restaurants and food service enterprises (the producers of most FOG), the general public, schools, and the media (including radio , television and newspapers). In addition , most of the materials have been produced in five languages: English, Spanish, Vietnamese , Korean and Mandarin Chinese. Almost all of the items in the box are in digital form so that they easily can be customized to produce very focused outreach programs for specific communities. The cities and districts are responsible for implementing their own FOG outreach programs, but the toolbox will make that job much easier and help them meet the RWQCB schedule. You will get a preview of the materials at the Board meeting. Orange County Sees a Decrease in Number of Beach Closings and Advisories The Natural Resources Defense Council issued its annual national report on beach quality. Nationwide the amount of advisories and closings went up 51 % in 2003 . Los Angeles County saw a 60 % increase while Orange County decreased 20%. In addition, Newport Beach was named one of four "beach buddies" nationwide in the annual report. It was the only West Coast city to be named. For more details we have enclosed in your packet three recent articles on the report. OCSD at OCBC's Joint Meeting of the Infrastructure and Regulatory/ Environmental Compliance Committees Blake Anderson, Gary Streed and Jim Herberg attended the Business Council's joint meeting of their infrastructure and Regulatory/Environmental Compliance Committees on August 1 O to discuss the various projects , planning, and rate /fee issues under consideration or implementation at the District. With the exception of comments from several OCBC members who will see increases in fees from our contemplated rate structure change , the OCBC was mainly interested in the overall program. They asked us questions about coastal protection and urban runoff. Staff is following up with the companies to answer their questions about the fee proposal. Board of Directors Page 4 August18 ,2004 District to Receive New Clean Air Act Operating Permits Under the 1990 amendments to the Clean A ir Act major sources of air emissions must receive a federal air operating permit, known as a Title V permit. Both of th e District's treatment plants are classified as major sources . The permits are issued and administered by the South Coast Air Quality Management District. The Environmental Protection Agency has veto authority over the issuance of the permit. Earlier this year, th e District received draft Title V operating permits for both plants and submitted comments to the SCAQMD by the June 4 , 2004 deadline . As we expected , the draft permits do not impose new emission reduction requirements but do call for increased monitoring, record keeping , and reporting as well as compliance certification requirements. In addition , the time period necessary to obtain a permit for new or modified equipment will be increased due to an expanded public review and participation process and the time necessary for EPA to approve the permit. More than ever before, staff will need to consider these factors in carrying out our capital improvement program. After reviewing our comments , SCAQMD will submit the final draft permits for EPA's review in the near future . SCAQMD will concurrently publish an advertisement in the Orange County Register to inform the public that the final draft permits are available for review. We intend to communicate with our neighbors and environmental organizations via direct mailing of informational letters and publishing permit information on the District's website. If there is no objection to the permits from EPA and the public, we could expect to receive the final documents before the end of the year. Ocean Discharge Permit Goes to Hearing In July 2002 the District's Board of Directors voted to increase the level of wastewater treatment to meet the secondary treatment standards of the Clean Water Act and abandon use of the Section 301 (h) waiver. In December 2002, staff submitted a renewal application for the ocean discharge permit to the Regional Water Quality Control Board (RWQCB) and Environmental Protection Agency (EPA) consistent with this change in policy. On July 21, 2004, the regulators published a tentative permit and companion monitoring and reporting program. The tentative permit was the subject of a public workshop on August 13, 2004 at the Santa Ana City Council Chambers. One member of the public spoke at the workshop . The permit is set for a public hearing on September 17, 2004 at the Loma Linda City Council Chambers. The permit will be effective about one month after adoption in October 2004. The tentative permit is a standard secondary treatment permit which requires compliance with the Clean Water Act requirements to m ee t 30 mg/Las a monthly average for both Total Suspended Solids (TSS) and Biochemical Oxygen Demand (BOD). Board of Directors Page 5 August 18, 2004 As the District is unable to meet these requirements until new secondary treatment facilities are completed at both treatment plants , staff has been negotiating an interim strategy with RWQCB and EPA to maintain compliance until the new treatment facilities are completed. This compliance strategy, also known as a consent decree , contains milestones for the completion of the new secondary treatment facilities culm inating with the final deadline of December 31, 2012 . Once the new perm it is effective , the RWQCB and EPA will file litigation against the District along with the negotiated settlement agreement contained in the consent decree. After a public comment period of at least 30 days, the court will lodge the consent decree finalizing the requirements and providing the District protection against citizen suits . California water quality laws provide for minimum mandatory penalties when a facility is determined to be out of compliance with its discharge permit. To protect the District against such penalties after the perm it is adopted , the RWQCB will also adopt a time schedule order which incorporates the same construction deadlines as the consent decree. This time schedule order will protect the District from State minimum mandatory penalties for failure to meet the secondary treatment requirements until the new construction is completed . District staff is generally satisfied with the contents of the draft permit but we are continuing to negotiate with the regulators on a few technical points , none of which are "deal breakers". Staff will keep the board apprised of developments as the perm it hearing process moves along. OCSD Wraps Up a Second Successful Year for the Volunteer Incentive Program A special recognition luncheon was held on August 10 to honor the efforts of volunteers who participated in OCSD's various community education and outreach activ ities during FY 2003-04. A tota l of 49 employees supported these activities at different levels, and 25 earned the minimum four points needed to qualify for the lunch-time recognition . The outreach events included : • Seal Beach Sand Castle Festival, Seal Beach -Sept. 6-7 , "Save the Sealife Game" • Earth Day Orange Coast College, Costa Mesa -April 22, "Info Booth" • La Habra Children's Museum , La Habra -April 24, "Clear Water Mountain" • Earth Day Golden West College, Huntington Beach -April 29, "I nfo Booth " • Children's Water Festival, Irvine -May 11-12, 'Wastewater Survivor'' • OCSD Tours -26 tours given to 446 guests • VIP Event ID -Four employees identified and conducted an event in their own community. These included a high school and an elementary school career day, a Cub Scout "World Conservation Award ," and a 5 th grade environmental stewardship class . Board of Directors Page 6 August18,2004 Three special awards were also presented to honor: • Jami Questa, Office Assistant , Environmental , Compliance and Monitoring "Volunteer of the Year" (based on hours worked) • Gary Kemper, Senior Plant Operator, Operations Plant 1 "Most Helpful Volunteer" (can-do attitude) • Operations and Maintenance Process Engineering Div. 820 "Division of the Year" (most volunteers based on percentage of staff participating) Bushard Trunk Sewer Replacement Project Weekly Status Update Friday August 13, 2004 to Friday August 20, 2004. Bushard Street -108-inch pipe installation and removal and replacement of 12-inch waterline: Between Banning Ave and Drumbeat Drive intersection: Bushard is open to through traffic between Banning Avenue and Drumbeat Drive. Replacement of sidewalk panels and installation of new trees was completed between Banning Ave to Landfall Drive . This work is 80 percent complete . Between Drumbeat Drive and Mid-Hamilton intersection: Bushard is closed to through traffic between Drumbeat Dr and mid-Hamilton intersection . During this week installation of the 108-inch pipe will continue, this work is 10 percent complete. The installation of a 12-inch water valve was completed. North Yorktown and Bushard Intersection -60-inch pipe and 15-inch city sewer installation: During this week , construction work will continue at the North Yorktown/Bushard intersection. The construction of a 15-inch city sewer siphon was completed and preparation work for the installation of the 60-inch pipe at the intersection continues. Overall progress is at 40 percent complete . Articles of Interest I have also included several additional published articles that you might find interesting . If you would like additional information on any of the above items, please call me. Blake P. Anderson General Manager BPA:gg Attachments H:ldeptladrrin\GM\letters to the Board\04\082504 Board U r. .doc -,v ~t.'£~ California Regional Water Quality Control Board ~ Santa Ana Region ~ Terry Tamminen Secretary for Environmental Protection August4,2004 Internet Address: http://www.swrcb.ca.gov/rwqcb8 3737 Main Street, Suite 500, Riverside, California 92501-3348 Phone (95 I) 782-4130 -FAX (951) 781-6288 To: The Attached Mailing List of Gity Managers and General Managers of Sewage Collection Agencies in Orange County Arnold Schwarzenegger Governor FATS, OILS AND GREASE (FOG) CONTROL PROGRAMS AND REQUEST FOR STATUS REPORT ON THE CAPACITY ASSURANCE AND SEWER SYSTEM REHABILITATION PLANS-GENERAL WASTE DISCHARGE REQUIREMENTS FOR SEWAGE COLLECTION AGENCIES IN ORANGE COUNTY, ORDER NO. RB-2002- 0014 (ORDER) Dear City and General Managers: Thank you all for the status reports on your agency's efforts to develop the required legal authority, and to develop and implement a control program to limit sewage spills caused by the discharge of FOG, in accordance with the requirements of Order No. RB- 2002-0014. The majority of you committed in your status reports to meet the July 30, 2004 deadline for legal authority and the December 30, 2004 deadline for the FOG Control Program. However, only a few agencies have actuallv complied wjth the .h fly 30. 2004 deadline for legal authority, with the majority now saying they will provide the legal authority together with the FOG control program by the December 30, 2004 deadline. I continue to have serious concerns about the ability of some agencies to meet the December 30, 2004 deadline for the submittal of an effective FOG control program to ether with the le al authori to implement the FOG control rogram and other re u1rement of 0 d 2-ore than half the agencies have not clearly identified FOG problems in their collection systems, which we believe is the first step in the development of an effective FOG control program. Additionally, we are concerned that if an agency has not even identified the FOG problems in their system, and the discharges of FOG causing these problems, then there is no way for the agency to develop and implement an effective FOG control program by the required deadline. Many agencies have also not identified how many food service establishments in their service area have grease interceptors or how frequently these interceptors are maintained. Order No. RB-2002-0014 does not specify all the elements for a FOG control program. However, we believe that each program must at least identify all sources of FOG discharged to the sewer, rank those discharges of FOG by threat of blockage and overflow, propose a mechanism for regulating the discharge of FOG to prevent blockages, require implementation of BMPs to reduce FOG discharges, and require the installation of interceptors and the proper maintenance of interceptors, and must include California Environmental Protection Agency 0 Recycled Paper Orange Co. Sewer System Managers 2 August 4, 2004 some level of inspection/enforcement of FOG sources to ensure best management · practices are being implemented and interceptors are being properly maintained. The FOG Control Program should also clearly identify cleaning schedules for sewers impacted by FOG, especially in areas where FOG discharges are not controlled by grease interceptors. While some of the agencies have proposed legal authority for a FOG control program that should be effective in reducing sewage spills caused by FOG, it appears that there will be a wide variety of FOG control programs in Orange County despite the Grand Jury's recommendation that there be a regional approach to FOG control to prevent sewage spills. The Grand Jury report dated April 25, 2001, recommended the creation of an ordinance to regulate the installation, inspection, and maintenance of grease interceptors. The Grand Jury also recommended a consistent regional approach to avoid one area having an economic advantage over other areas. Please ensure that your agency submits an effective FOG control program by the December 30, 2004 deadline, which includes the legal authorities, as required by Order No. RS-2002-0014. On April 26, 2002, the Regional Board adopted the subject order, including the requirements outlined below that address sewer system capacity and stru~tural deficiencies. The order requires the submittal of a Capacity Assurance Plan by July 30, 2005 and a Sewer System Rehabilitation Plan by September 30, 2005. Pursuant to General Monitoring and Reporting Requirement E.1 and Report Declaration H.1, all cities and sewage collection agencies covered by the subject Order are hereby required to submit a status report, by September 15, 2004, on the agency's efforts to comply with Provisions No. 7, 8, and 12(iv and ix) of the subject order. These provisions require: "7. The discharger shall properly fund, manage, operate and maintain, with adequately trained staff and/or contractors possessing adequate knowledge skills and abilities as demonstrated through a validated program, at all times, all parts of the sewage collection system owned and/or operated by the discharger. 8. The discharger shall provide adequate capacity to convey base flows and peak flows, including wet weather related events to the minimum design criteria as defined in the discharger's System Evaluation and Capacity Assurance Plan, for all parts of the collection system owned or operated by the discharger. 12.iv. (E) Establish a program to assess the current capacity of the collection system owned by the discharger or where the discharger has operational control, including diversions of urban runoff to the sewer system during dry weather periods and control of infiltration and intrusion during both wet weather events and dry weather periods; California Environmental Protection Agency 0 Recycled Paper Orange Co. Sewer System Managers 3 August 4, 2004 (F) Identify and prioritize structural deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. This shall include a rehabilitation plan including schedules for the entire system. As with the PM program, sewer rehabilitation and replacement is crucial for the prevention of spills. Among the provisions that should be specified in this section is the need to direct rehabilitation and replacement at sewer pipes which are at risk of collapse or prone to more frequent blockages due to pipe defects. The program should also include regular visual and lV inspection of sewer pipes and a system for assessing and ranking the condition of sewer pipes. Finally, the rehabilitation and replacement plan should include a financial plan that properly manages and protects the infrastructure assets. 12.ix. System Evaluation and Capacity Assurance Plan: Prepare and implement a capital improvement plan that will provide hydraulic capacity of key sewer system elements under peak flow conditions. At a minimum, the plan must include: (A) Evaluation: Steps to evaluate those portions of the collection system which are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to . those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; (8) Capacity Enhancement Measures: Establish a short-and long-term capital improvement program to address identified hydraulic deficiencies including prioritization, alternatives analysis, and schedules; and (C) Plan updates: The plan must be updated, at a minimum annually, to describe any significant change in proposed actions and/or implementation schedules. The updates should include available information on the performance of measures that have been implemented." The status report shall clearly identify and discuss the following items, and how the agency will ensure the Capacity Evaluation Report and Sewer Rehabilitation Report will address these items, and be submitted by the required deadlines: 1. Provide a map and list of all areas of the sewage collection system and all sewers within the sewage collection system that have average dry weather, and peak dry weather, sewage flows at or above the design capacity for the sewer. 2. All sewage spills in the past 5 years, and the locations of these spills, that were caused or contributed to by capacity deficiencies. California Environmental Protection Agency 0 Recycled Paper Orange Co. Sewer System Managers 4 August 4, 2004 3. The design capacity for. each sewer and the engineering basis for the design capacity. This shall include the design standards used for each sewer and the rationale for the design criteria. The standards in the wastewater collection industry are to design and operate sewage collections systems to flow approximately 50% full (D/d=0.5) during peak dry weather flows, in sewers less than 18" in diameter, and 75% full in sewers greater than 21 inches in diameter. These are the same standards used by OCSD. The status report shall identify the D/d standard used in each sewer by each agency to determine the capacity rating for the sewer and whether the sewer is at or above design capacity. The status report shall identify all sewers with flow rates greater than a D/d =0.5 for sewers Jess than 18 inches in diameter, and D/d=O. 75 for sewers with diameters greater than 18 inches. The status report shall identify all sewage flow studies conducted to date that are used in the agencies' sewer system design and provide all engineering design standards used. For any design standards different from the standards in the wastewater collection industry cited ·above, the status report shall include a detailed rationale for the non-standard design and evidence supporting the rationale. 4. A detailed plan and schedule for tasks to be completed to provide the Capacity Assurance Plan and Sewer System Rehabilitation Plan by the deadlines cited in Order No. R8-2002-0014. This plan and schedule shall also provide plans and schedules to correct any capacity deficiencies already identified. 5. Whether the agency is continuing to allow new or expanded sewer connections to sewers that have been identified as being at or above capacity. If you have any questions, please call me at (951) 782-3284 or Ken Theisen at (951) 320-2028. All legal questions should be directed to our legal counsel, Jorge Leon, at (916) 341-5180. /~~~dP@?!I Gerard J. Thibeault Executive Officer Attachment: Mailing List of Permittees under Order No. R8-2002-0014 cc: Regional Board Jorge Leon, SWRCB Office of Chief Counsel California Environmental Protection Agency 0 Recycled Paper -v Jim Ruth, City Manager Tim O'Donnell, City Manager City of Anaheim City of Brea 200 S. Anaheim Blvd. #1 Civic Center Circle Anaheim, CA 92805 Brea, CA 92821-5732 Greg Beaubien, City Manager Patrick lmportuna, City Manager City of Buena Park City of Cypress 6650 Beach Blvd. P.O. Box 609 Buena Park, CA 90622 Cypress, CA 90630 Ray H. Kromer, City Manager Jim Armstrong, City Manager City of Fountain Valley City of Fullerton 10200 Slater Avenue 303 W. Commonwealth Fountain Valley, Ca 92708 Fullerton, CA 92832-1710 Matt Fertal, City Manager Ray Silver, City Administrator City of Garden Grove City of Huntington Beach P.O. Box 3070 2000 Main St. Garden Grove, CA 92842 Huntington Beach, CA 92648 Thomas G. Mauk, City Manager Daniel E. Keen, City Manager City of La Habra City of La Palma P.O. Box 337 7822 Walker Street La Habra, CA 90633-0337 La Palma,. CA 90623-1721 Homer Bludau, City Manager . David Rudat, City Manager City of Newport Beach City of Orange 3300 Newport Blvd. P.O. Box449 Newport Beach, CA 92663-3884 Orange, CA 92866 Robert D' Amato, City David Ream, City Manager Administrator City of Santa Ana City. of Placentia P.O. Box 1988 401 E. Chapman Avenue Santa Ana, CA 92702 Placentia, CA 92870-6101 John Bahorski, City Manager Jake Wager, City Manager City of Seal Beach City of Stanton 211 8th Street 7800 Katella Ave. Seal Beach, CA 90740 Stanton, CA 90680-3123 George Rodericks, City Manager Terrance Belanger City of Villa Park Interim City Manager 17855 Santiago Blvd. City of Yorba Linda Villa Park, CA 92861-4105 P.O. Box 87014 Yorba Linda, CA 92885 Paul Jones, General Manager William J. Robertson Irvine Ranch Water District General Manager 15600 Sand Canyon Ave. Yorba Linda Water District Irvine ,CA 92619 4622 Plumosa Drive Yorba Linda, CA 92686-0309 Ann Crafton Ron Briles Rossmoor/Los Alamitos Midway City Sanitary District Area Sanitation District 14451 Cedarwood Ave. 3243 Katella Avenue Westminster, CA 92683-5318 Los Alamitos, CA 90720-2336 Tom Dawes Rob Hamers Sunset Beach Sanitary District Costa Mesa Sanitary District P.O. Box 1185 P.O. Box 1200 Sunset Beach, CA 90742-1185 Costa Mesa, CA 92628-1200 Lt. Col. Lisa Haskins Blake Anderson Joint Forces Training Base Orange County Sanitation District Los Alamitos P.O. Box 8127 4522 Saratoga Ave. 10844 Ellis Ave. Los Alamitos, CA 90720 Fountain Valley, CA 92728-8127 -' The attached list contains the city and agency contact people that the RWQCB sent email copies of the letter we referenced in the Div. 420 letter I sent you for Blake's August Board letter. Hard copies were sent to City Managers and Agency Managers. Patrick McNelly Keith Linker -City of Anaheim Ann Crafton -Rossmoor Los Alamitos Area Sewer District Brian Jones -City of Buena Park Rudy Correa -City of Brea Pat Dickson -City of Cypress AJ Holmon -Garden Grove Sanitary District Ray Burk -City of Santa Ana Doug Danes -City of Seal Beach Jeff Watson -City of Seal Beach Bob Doss -City of Stanton Ed Burt-City of Newport Beach lsmile Noorbaksh -City of La Palma Bob· Von Schimmelmann -City of Orange Renzo Martin -El Toro Water District Ralph Palomares-El Toro Water District Patrick Danahy -City of Fountain Valley Larry Honeybourne -County of Orange Nick Arhontes -Orange County Sanitation District Patrick McNelly -Orange County Sanitation District Lou Roberts-Irvine Ranch Water District Tom Dawes-Sunset Beach Sanitary District Carlo Nafarrete -City of La Habra Ken Robbins -Midway City Sanitary District Ronny Liddell -Midway City Sanitary District Rob Hamers -Costa Mesa Sanitary District Bob Kreg -City of Placentia Todd Broussard-City of Huntington Beach Warren Repke-City of Villa Park Lee Cory-Yorba Linda Water District Jack Baecker -City of Yorba Linda ORANGE COUNTY BUSINESS COUNCIL 2 Park Plaza, Suite 100 • Irvine, California 92614-5904 phone: 949.476.2242 • fax: 949.476.0443 • url·www.ocbc.org EXECUl1VE COMMITIEE CJIAIRMAN S!ephen Bone The Ro/Jeri !tlayer Corporalio11 CJIAIRMAN ELECT Peler R. Villegas Washing/on Mutual IMMEDIATE PAST CJIAIRMAN Christine Diemer lger, Esq. Chrisline Diemer lger & Associales TREASURER Sally Anderson Emsl & Young UP VICE CHAIRMAN, ECONOMIC DEVELOPMENT Dan Miller The Irvine Company VICE CHAIRMAN, EVENTS Frank Ayala Southern California Gas Company VICE CJIAIRMAN, PUBLIC AFFAIRS Ron Di Luigi St.Joseph Ilea/lb System VICE CHAIRMAN, RF.SEARCH & COMMUNICATIONS Gregory 4nch Cisco Sys/ems VICE CHAIRMAN, SPECIAL PROJECTS j. Rohen Fluor 11 Fluor Corporalio11 VICE CJIAIRMAN, WORKFORCE DEVELOPMENT Rick Stephens The Boeing CompanJ•, Shared Services Group EXEctmVE STAFF PRF.SIDFNr & CEO SllUlOftelie EXECUTIVE VICE PRF.SIDF.NT, PUBLIC AFFAIRS Julie Puentes VICE PRF.SIDF.NT, DEVELOPMENT & INVEl>TOR REl.ATIONS Mike Noonan VICE PRESIDENT, ECONOMIC& WORKFORCE DEVELOPMENT Paul Garza.Jr. VICE PRESIDENT, FINANCE & ADMINISTRATION Danelle Parente August 11, 2004 Mr. Blake Anderson General Manager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Dear Blake: Thank you for your team's excellent presentation to our Infrastructure Committee yesterday morning. We very much appreciated the opportunity to learn more about the challenges facing the Sanitation District as you work toward ensuring improved wastewater treatment, sewage system reliability and added water recycling for Orange County. More specifically, it was good to see that there is a comprehensive plan in place to address this need and projects funding before calamity creates a crisis. The Business Council hopes that ultimately, it will become commonplace for public agencies to collaborate to stay ahead of our county's infrastructure challenges. We're pleased to note that the District's singular efforts as well as the cooperative efforts you discussed seem to move us in that direction. Thank you again for taking the time to brief us this week. Sincerely, / ,, .·Terry artman Chair, OCBC Infrastructure Committee The Irvine Company cc: Gary Streed Jim Herberg (J..1.91 ...... Julie Puentes EVP Public Affairs SHAPING ORANGE COUNTY'S ECONOMIC FUTURE ~llt SYN. A jGRQ ~ ~ A Residuals Management Company July 15, 2004 Mr. Blake Anderson CJeneral!\1anager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Re: Many Thanks! Dear Blake: Robert C Boucher, Jr. Chief Executive Officer & President Tel: 713-369-1748 Fax: 713-369-1760 e-mail: rboucher@synagro.com Several things have happened lately that have impressed on me the need to write and thank you and your biosolids staff for the tremendous leadership, vision and persistence you demonstrate in doing the right thing in the face of challenge. This is not an easy task in the political climate surrounding biosolids reuse, and your agency stands head and shoulders above most others in the way that you respond. Synagro has enjoyed a relationship with Orange County Sanitation District since 1988, and through regulatory changes, political upheavals and community criticism over biosolids reuse, you have stood by us. I am very appreciative of that relationship. In addition, there are many factions misrepresenting the safety ofbiosolids, the quality of projects and the veracity of the industry. Your staff takes the time to attend meetings, perform their own investigation, speak out and do business only with those vendors who demonstrate a commitment to do the right thing and who refuse to act in an anti-competitive fashion. Integrity is the foundation for sound relationships, and I appreciate the integrity of you and your staff. Finally, while we all believe in the safety of Class B land application and the benefits to agriculture, we are mindful of the public perception issues and the political concerns, and we are committed to move toward Class A processing to develop products in certain markets, including Southern California. We appreciate the partnership with Orange County Sanitation District in this venture and we respect your commitment to step up to this standard in spite of the increased cost. 1800 Bering Drive, Suice 1000, Houston, TX 77057 •Ph: (713) 369-1700 •Fax: (713) 369-1750 •Toll Free: (800) 370-0035 Mr. Blake Anderson Page -2- July 15, 2004 Thank you for the leadership you provide in this very challenging industry and a special thanks to the staff you have chosen to guide the District through treacherous waters. · Baroldi, Deirdre Hunter and Ted Vitko are among the finest. Robert C. Boucher, Jr. Chief Executive Officer & President RCB/ss cc: Mike Moore Layne Baroldi Ted Vitko Deirdre Hunter Liz Ostoich Kristine Thalman The Building Industry Asso- ciation of Southern Californi a , Orange County C hapter (B IA/OC) has announced Kristine E. Thalman as the organization's new c hief executive officer. Thalman, w ho ser ved as Director of Local Government Affairs w ith KB HOME, will ma nage the opera- ti ons of the larges t chapter of the BIA of Southern Californ ia, including serv in g as c hi ef spokes- person for the homebuilding industry in Orange County. Thalman created the govern- ment affairs program for KB HOME 's Greater Los Angeles and Orange County Divisions four years ago. Coupled with her prior experience as government rela- tions manager for the City of Anaheim , a position s he held for 12 years, Thalman has proven experience in public policy devel- opment and superior skill s in local, state a nd federal legislative advocacy o n is s ues related to the industry. BIA Orange County Announces Kristine Thalman as Chief Executive Officer In conducting an extensive and thorough searc h that began in December 2003 , many qualified candidates who app li ed for the senior position in th e association were interv iewed by a search term compri sed of members of the B IA/OC executive leadership. The search committee se- l ected Thalman for her accom- plishments in working with loc a l industry leaders and government officials and for her unders tand- in g of land use and community, regulatory, legal and le gis lative issues the homebulding indus try currently faces in Orange County. "Hav in g worked for one of America 's leading homebuilders , Kristine has a unique understand- in g of the comp lex is s u es the residentia l construction industry is addressing today," said Richard Douglass, Centex Homes South Coast Division President and 2004 BIA/QC President. "For examp le addressing the issue of infill development, whereby homebuilders are revitalizing neighborhoods, requires a CEO who can forge new relationships w ith compatible industries to support the miss ion of the BI A/OC." Thalman also has experience in transportation systems manage- ment, a nd public affairs and community outreach in the homebuilding industry. Her volunteer experience with the BJA includes serv in g as a board mem- ber of the Building Indu stry Legal Defense Fund and the BIA Baldy View C hapter. She has given he r time a nd talents in the com munity as a board member of philan- thropic organizations, such as th e March of Dimes and the Boys a nd Gi rl s C lub. Thalman received a Distinguished Serv ice Award in 1995 from the Orange C ounty League of Ca li fo rni a Cities. Choosi ng to devote her early years to rais in g a fa mily whi le attending night c lasses at commu- nity college, Thalman is a mid- career college graduate, receiving he r Public Administration degree from the University of La Verne in 1992. She a lso received a d egree in Commun ications from Mount San Antonio in Walnut, Cali forn ia. f"'"EC~ t!J·~• VIV\,,.,.,,__ -• ---·..--- fSF c.'-.,-c..ES ,_J~sc...~ Preparing for Orange County's Water Future July/ August 2004 The drought gripping the West is the most severe in 500 years, according to the U.S. Geologi- cal Survey. In fact, the Colorado River, a major source of imported water for Orange County, is at a level lower today than during the Dust Bowl years of the 1930s. The groundwater basin that underlies most of north-central Orange County has been over pumped and needs to be refilled. In the meantime, most Orange County residents and businesses continue to tum on the tap without much thought from where the next drop is coming. Water continues to flow beacuse of past invest- ments that ensure supplies continue, even during stressful times. While much has been done throught the county and the region to ensure future water quality and reliability, there's more work to do and more investments to make. Orange County Water District (OCWD) manages the county's groundwater basin. Municipal Water District of Orange County (MWDOC) manages our imported water supply. The two agen- cies work cooperatively and are continually evaluating new and innovative programs, including seawater desalination, wetlands expansion, recharge facility construction, surface storage, new water use efficiency innovations and system interconnections for enhanced reliability. Orange County Water District's · oint project with the Oran e C nitation District -the Groundwater ep emshment System -will 6e on me in 2007 and will provide a new, safe, high-quality source of water to 140,000 families, ._ While water remains one of the most cost-efficient utilities in California, it's no secret the cost of wholesale water is rising across the state. In addition to meeting the challenges of providing high-quality water, agencies -like OCWD, MWDOC and Orange County's water retailers -also must deal with significant issues that will affect water rates, including: * Increased cost for imported water supplies * Competition for supplies among agricultural, urban and environmental needs that must be balanced *Aging water facilities and infrastructure *Water security investments * Population growth and increasing demands * Increasingly stringent water quality requirements To address all of these issues, OCWD and MWDOC will be reaching out to Oran e Count community groups, businesses, elected officials and residents to emp asize the need to conserve and efficiently use our existing supplies and to make necessary mvestments to meet future de- mands. We will be asking residents and businesses to implement water use efficiency measures to reduce demand during these challenging times. Conservation is the most effective, proactive strategy we can employ today to both reduce future water demand and mitigate rate increases. If you have any questions about our outreach program, please contact Ron Wildermuth, OCWD's Communictaions Director, at (714) 378-3351, or Michelle Tuchman ofMWDOC's public affairs department, at (714) 593-5104. For more information on water use efficiency programs in Orange County or information on MWDOC, log on to www.mwdoc.com. For conservation tips and information on OCWD, log on to www.ocwd.com or www.bewaterwise.com. Los Angeles Daily News Beaches blanketed with pollution By Kerry Cavanaugh Staff Writer Thursday, August 05, 2004 - Page 1 of2 Los Angeles County beaches got more polluted in 2003, but authorities were unsure what caused the dirtier water and increased health hazards for swimmers, the National Resource Defense Council said Thursday. Officials issued nearly 1,500 daily health warnings for local beaches --a 60 percent jump from 2002, said the report from the environmental watchdog group. Authors of the report on the nation's coastline said the rising number of beach warnings in Southern California was a mystery and particularly troubling because there had been no significant increase in rainfall to wash pollutants out to sea nor increased monitoring of beaches. "The water we're surveying got dirtier," said Anjali Jaiswal, an attorney in the NRDC's Coastal Water Quality Project. "A visit to the beach should not mean a visit to the doctor." Los Angeles voters will be asked in November to approve a $500 million bond measure to fund runoff cleanup projects and cut pollution flowing to the ocean. The bond would add $57 a year to the average property tax bill in the city. "We have to get back to the place where water in Los Angeles is drinkable, swimmable and fishable," Councilman Eric Garcetti said. "If we don't find the money now, we'll pay later in court judgments." Los Angeles and neighboring cities are facing some 60 rules to clean up various pollutants flowing out to the ocean. Urban runoff is the primary beach polluter, carrying animal waste, oils and chemicals to the ocean. High bacteria levels prompted the vast majority of health warnings and can increase the risk of colds, fevers, sore throats and diarrhea, according to the NRDC report. However, there was no investigation into reasons for the increase in beach advisories or the sources of bacteria contamination, Jaiswal said. State law requires public health agencies to collect knee-deep ocean water samples weekly, but there is no mandate to determine the cause of the unhealthy water. "We need the county and state to link beach closures and the sources of pollution so we know what's causing the spikes," Jaiswal said. The county issued 98 health advisories for the stretch of water from Surfrider Beach to Santa Monica Beach, many of which lasted several days. There were 27 for Will Rogers State Beach and 24 for Marina del Rey Beach. Zuma Beach had one http://www.dailynews.com/cda/article/print/O, 1674,200% 7E20954% 7E2317213,00.html 8/13/2004 Page 2 of2 health advisory over the year. Often, storm drains carrying toxics, metals and animal waste from city streets far inland are a prime source of contamination. Los Angeles County's Recreational Health Program conducts the water quality testing, but doesn't have the budget nor the expertise to track down the sources of pollution. "You're throwing a big dart into the ocean. It's hard to know why a particular exceedence occurs," said Bernard Franklin, acting chief environmental health specialist. Los Angeles city and county have begun to install devices to divert dirty urban runoff in storm drains to sewage treatment plants during dry periods. Report authors urged local governments to investigate and crack down on pollution sources, prevent sewage spills, clean up contaminated urban runoff and punish illegal dischargers of oil, chemicals and contaminants that travel from curb to storm drain to the ocean. Kerry Cavanaugh, (818) 713-3746 keny.cavanaugll@.dfillY-news.com http://www.dailynews.com/cda/article/print/0, 1674,200% 7E20954% 7E2317213,00.html 8/13/2004 Lo~ Angeles Times: Water-quality efforts equal best in West Page 1 of2 http://www.Jatimes.com/news/local/pilotinews/la-dpt-beaches06aug06, l ~ 7291990.story?coll=la-tcn- pilot-news Water-quality efforts equal best in West Natural Resources Defense Council names Newport Beach one of the state's top watchdogs for first time. Alicia Robinson Daily Pilot August 6, 2004 NEWPORT BEACH -The city's proactive approach to keeping its coastal waters clean earned praise from the Natural Resources Defense Council, which on Thursday named Newport Beach one of four "beach buddies" nationwide in an annual water quality report. "We were pretty happy to receive that," Assistant City Manager Dave Kiff said. "For us, this was a nice step up." This is the first time the city has been mentioned specifically in the report, and it was the only West Coast beach to make the list. The report summarizes 2003 data from state and local agencies that monitor water quality. The council, an independent nonprofit agency, has issued the annual summary for 14 years. Being a "beach buddy" does not necessarily indicate the cleanest water. It recognizes communities that are the most stringent watchdogs of the water. The report commended Newport Beach for using cameras to find cracks and blockage in sewer lines, frequently replacing and cleaning older sewer mains, installing bacteria-killing sponge screens in storm- water catch basins and other measures. The city's multifaceted approach has been successful because of two interdependent things, Kiff said - public support of clean water programs and the funding to put them in place. About $5 million of the city's $160-million annual budget pays for a range of programs, including capital projects to replace deteriorating sewer lines and funding of water quality enforcement staff members who issue tickets to violators but also try to educate people about water-quality rules. "We have the resources to do that," Kiff said. "Not a lot of other communities have those resources. We're just doing, in effect, what we're told by the council and the community -that we want to be on the cutting edge of clean beach technology." The report also noted that in Orange County last year, the beach was closed or swim advisories were issued because of polluted water 1,329 days -the second highest in California after Los Angeles http://www.latimes.com/news/local/pilot/news/la-dpt-beaches06aug06, 1,2694251,print.sto... 8/13/2004 Los Angeles Times: Water-quality efforts equal best in West Page 2 of2 County. But Orange County's beach closings and advisory days decreased by 20% from 2002 to 2003, while Los Angeles County saw a 60% increase, according to the report. Because Orange County's decrease in closings and advisories was small and only reflected a one-year period, it doesn't necessarily indicate more effective pollution control, Natural Resources Defense Council spokesman Daniel Hinerfeld said. Nationwide the amount of closings and advisories in 2003 went up 51 % since the previous year, he said. "While we've seen improvements in coastal water quality over the last 25 years, what we're seeing more recently is a surge in pollution which is a result of municipalities not going upstream when they see a source of pollution and finding it and controlling it," Hinerfeld said. Urban runoff from inland sources has long been blamed for area water pollution. Huntington ·Beach suffered one of the worst cases in 1999 when a bacteria problem led to a high number of beach closings throughout that summer. Sewage spills that cause beach closings can be combated with methods like those used by Newport Beach, said Monica Mazur, supervising environmental specialist for the Orange County Health Care Agency. But bacteria coming from polluted runoff is harder to attack because most local agencies don't have the technology to trace it to its source, she said. Newport Beach is progressive when it comes to clean water, but solving the problem of polluted oceans will take a concerted national effort that includes research and funding, Mazur said. • ALICIA ROBINSON covers business, politics and the environment. She may be reached at (949) 764-4330 or by e-mail at alicia.robinson@latimes.com. If you want other stories on this topic, search the Archives at latimes.com/archives. TllSRcprinL" Article licensing and reprint options Copyright 2004 Los Angeles Times http://www.latimes.com/news/locaVpilot/news/la-dpt-beaches06aug06, 1,2694251,print.sto... 8/13/2004 A follow up article to Friday's story about L.A. sewer rates August 9, 2004 LOS ANGELES Mayor Backs Rate Hike to Pay for Sewer Repairs • Some taxpayers groups oppose the proposed increase of 42% over five years. City officials say it is necessary to fix the antiquated system. By Patrick McGreevy, Times Staff Writer Endorsing a legal settlement requiring Los Angeles to spend $2 billion to fix its sewer system, Mayor James K. Hahn and other city officials said Friday they are prepared to sell a proposed 42% increase in sewer rates. But some taxpayer advocates noted that the higher sewer charge is one of four significant tax and rate hikes currently being proposed for Los Angeles residents, who advocates predicted will feel overwhelmed. The latest proposed rate increase, which would start in December, would ratchet up the average monthly sewer charge of $21 for a home by $1. 75 each year for the next five years. At the end of five years, the average monthly bill will have gone up $8.75, adding $105 to the annual tab. The charge, which requires City Council approval, will help finance a 10-year repair program for the sewer system to settle a lawsuit by an environmental group and state and federal regulators over thousands of sewage spills into the streets and rivers of Los Angeles. 'We are going to meet with the neighborhood councils to discuss this, but you can't put a price on the health of our children and the health of the bay, 11 Hahn said at a City Hall news conference with four City Council members to announce the settlement and rate hike. 11 Every homeowner who owns a home knows you need to fix the plumbing once in a while, and it costs money to do that, 11 Hahn added. "This is our plumber's bill and we think the public will support it.'' The sewer rate increase, however, is being proposed at the same time Los Angeles residents are being asked to pay more for water service, cleaner water runoff and additional police officers. The City Council recently approved an 11 % increase in water rates, and voters in November are being asked to approve a $500-million bond measure to clean the water in city storm drains. That water bond would cost an owner of a home assessed at $350,000 about $56 a year for 20 years and would show up on their property tax bill. In addition, Los Angeles County voters are being asked in a separate November ballot measure to increase the sales tax by a half-cent to pay for thousands more police officers. 11With the combination of all of these things, the taxpayers are getting pounded,11 said Kris Vosburgh, executive director of the Howard Jarvis Taxpayers Assn. The group opposes the sales tax increase and will now examine the need for the boost in sewer fees. 11 1 think the need is genuine, but it is a self-inflicted wound because for years the City Council postponed taking care of infrastructure needs and instead used its money to provide extremely generous pay and benefit packages to city employees," Vosburgh said. Hahn was city attorney during many of the years when Los Angeles fought the lawsuit demanding repairs to the system, but denied that past inaction was to blame for the service charges now being proposed. Albert Farash, a retired aerospace worker who lives in Hollywood, said he supports the police tax and believes the sewer fee increase is probably necessary, but he will think twice about voting for the water bond knowing the other three increases are coming. 11 1 don't know if that's going to fly if they come all at once, 11 Farash said. City officials said they hope the proposed sewer charge increase will not negatively affect voter support for the police and water bond measures, which require two-thirds votes to pass. Councilman Eric Garcetti said the sewer and storm-water costs are mandated by federal law, and are not an optional expense. Hahn said he hopes voters will understand that the proposals are necessary to maintain the city's standard of living. 11 1 don't think that people are going to object to having less sewer spills in our city, 11 Hahn said. The Orange County Register Page 1of1 Friday, August6,2004 Voters approve vector-fee hike Homeowners agree to pay extra $5.42 a year to fight fire ants, West Nile virus. By PAT BRENNAN The Orange County Register Orange County homeowners have approved by mail-in ballot a $5.42 increase in their yearly fee for the Vector Control District to fight a variety of disease-carrying pests -including West Nile virus mosquitoes. The increase, certified by the district's board Thursday, will be added to the existing fee of $1.92 for homeowners. It should generate about $4.2 million per year, said Vector Control spokesman Michael Hearst. About 55 percent of the money will be used to fight red imported fire ants, an invasive, stinging pest, and the rest will be used to combat West Nile virus and to provide other services. West Nile has been the focus of the district's efforts in recent months. One man died and another has been sickened by the virus in Orange County. Vector Control officials said they were gratified by the clear majority in favor of the fee increase. "I'm so pleased," Peter Green, president of the 35-member Vector Control board, said Thursday. "This shows to me that the people of Orange County know that we'll expend whatever resources we have on this very serious public-health issue." The mail-in ballot involved all property owners in the county, and the results were weighted so those with a higher assessment -such as businesses -counted for more. The total in favor: 66 percent. Amid reports of a second West Nile victim in Orange County and rapid spread of the disease across the state, Vector Control officials again called on the public Thursday to get rid of any standing water on their property, where mosquitoes can breed. The agency also will respond to complaints about standing water on other property. "We're encouraging people to call us with their mosquito problems, so we can go out and take care of them,• said James Webb, the districh director of science and technical resources. "We've expanded our mosquito-control operations to reduce those numbers of mosquitoes down to where they're no longer transmitting (the disease)." Copyright 2004 The Orange County Register I Privacy policy I User agreement httn://www.ocregister.com/ocr/2004/08/06/sections/local/local/print_l93229.php 8/9/2004 4- ·' 'I i Orange County Sanitation District MINUTES BOARD MEETING JULY 21, 2004 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes for Board Meeting Page2 07/21/04 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on July 21, 2004, at 7:00 p.m., in the District's Administrative Offices. Following the Pledge of Allegiance and invocation the roll was called and the Secretary reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS x Steve Anderson, Chair Steve Simonian x James M. Ferryman, Vice Chair Arlene Schafer x Don Bankhead Leland Wilson x Patricia Bortle Rich Freschi A Brian Brady Peer A. Swan x Carolyn Cavecche Steve Ambriz x Alberta Christy Mike Garcia x John Collins Larry Crandall x Bill Dalton Bruce Broadwater x Brian Donahue David Shawver x Michael Duvall Keri Lynn Wilson Norman Z. Eckenrode x Judy Dickinson x Cathy Green Gil Coerper x Alice B. Jempsa Marilynn M. Poe x Tony Kawashima Doug Davert x Beth Krom Christina Shea x Patsy Marshall Jim Dow x Shirley McCracken Bob Hernandez x Roy Moore John Beauman x Joy Neugebauer Grace Epperson x Anna L. Piercy Tim Keenan Tod Ridgeway x Don Webb x Jim Silva Chuck Smith Paul Walker x Larry Herman A Paul Yost Charles Antos STAFF MEMBERS PRESENT: Blake P. Anderson, General Manager; Penny Kyle, Board Secretary; Carol Beekman; Bob Ghirelli; Dave Ludwin; Patrick Miles; Bob Ooten; Gary Streed; Lisa Tomko; Jeff Reed; Jennifer Cabral; Tod Haynes; Larry Rein; Denise Bell; Dale Sparks; Rose Marsella; Paula Zeller OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Dan Spradlin; Joe Forbath; Darrel A. Nolta; Brian Keating; Don Hughes Minutes for Board Meeting Page 3 07/21/04 3. MOVED, SECONDED AND DULY CARRIED: Receive and file minute excerpt from the City of Seal Beach re appointment of active and alternate Directors, as follows: City/Agency Seal Beach Active Director Paul Yost 5. Bushard Trunk Sewer Construction Update Alternate Director Charles Antos Dave Ludwin, Director of Engineering, provided an update on the Bushard Trunk Sewer Replacement project, outlining how citizens' issues and concerns are being addressed. Additional public outreach will continue and property damage claims are being reassessed. Design issues with the pipe have not been resolved yet. Challenges on this project are expected to continue before the completion time, currently estimated to be in the Fall of 2005. Directors expressed concern with the life expectancy of cracked pipe repaired by epoxy. Mr. Ludwin advised that the repairs are expected to have a normal service life because the epoxy itself is actually stronger than the concrete around it. It was noted there were several technical and legal contractual issues that needed to be reviewed and considered in the coming weeks. A comprehensive, detailed report would be provided to the directors the following month. PUBLIC COMMENTS Darrel Nolta addressed the board concerning urban runoff issues. REPORT OF THE CHAIR Chair Steve Anderson presented Director Shirley McCracken a Resolution of Commendation for her service to the Board as Chair from July 2002 to July 2004. Chair Anderson thanked the Directors for the privilege of chairing the Board of Directors. He also requested that the Directors and staff wear Hawaiian attire at the August 25 board meeting. Directors were advised that the standing committees would be dark in the month of August with the exception of the Steering Committee. REPORT OF THE GENERAL MANAGER Blake Anderson presented incoming Chair Steve Anderson and outgoing Chair Shirley McCracken with OCSD license plate holders. Denise Bell and Dale Sparks were then recognized for 25 and 35 years of service, respectively, to the District. REPORT OF THE GENERAL COUNSEL Thomas L. Woodruff, General Counsel, reported the District's 30/30 Action Team has finished its review of the new draft NPDES permit and has returned the permit to the U.S. EPA and Regional Water Quality Control Board with few comments. He reported the consent decree was very close to being final, and noted there would be no penalties, fines or punishments. The NPDES permit is Minutes for Board Meeting .-Page 4 ; 07/21/04 expected to be issued some time in the Fall of 2004, and the Consent Decree process would then follow with an anticipated court approval in March 2005. APPROVAL OF MINUTES The Chair ordered that the minutes of the regular meeting held June 23, 2004, be deemed approved, as written. Director Don Webb abstained. RATIFICATION OF PAYMENT OF CLAIMS MOVED, SECONDED AND DULY CARRIED: Ratify payment of claims set forth on exhibits "A" and "B", attached hereto and made a part of these minutes. ALL DISTRICTS 06/15/04 06130104 Totals $11,677,418.41 $17,379,084.13 Director Cavecche abstained from discussion and voting on Warrant No. 63117. Director Green abstained from discussion and voting on Warrant Nos. 63281 and 63233. Director Marshall abstained from discussion and voting on Warrant No. 63306. Abstentions were pursuant to California Government Code Section 84308. CONSENT CALENDAR 10. No items were considered. COMMITTEE REPORTS AND RECOMMENDED ACTIONS 12. DRAFT STEERING COMMITIEE: A verbal report was presented by Director Anderson, Chair of the Steering Committee, re the July 21, 2004 meeting. It was reported by Chair Anderson that General Manager Blake Anderson provided an update on the state budget and the proposed $225 million property tax transfer from independent special districts to the state for each of the next two years. The Steering Committee directed the General Manager to urge CASA to continue to advocate for uniform property tax transfers from enterprise special districts. Blake Anderson briefed the committee on the progress of developing fully-enclosed biosolids and green waste composting facilities within Orange County and the progress made in Washington, DC to secure additional EPA grants to help pay for secondary treatment facilities and the Groundwater Replenishment System. General Counsel provided a summary report on the Federal Davis-Bacon Act and California's prevailing wage provisions, as requested by the Committee. The Steering Committee took no action on the report. Minutes for Board Meeting Page 5 07/21/04 The Steering Committee recommended approval of a $20,000 purchase agreement for a 635 square foot parcel owned by Stage Road, LLC, so that the District can site a small chemical feed facility that will serve a nearby District trunk Sewer. The Committee also discussed the Ordinance under consideration by the Board that evening, and the Orange County Business Council's interest in having a presentation made to it on August 10. For this reason, the Steering Committee recommended that the action taken by the Board of Directors was to introduce the Ordinance but not to adopt it until the following month. Chair Anderson reported there were six items discussed in closed session, each of which was listed on the Steering Committee agenda. Consent Calendar a. MOVED, SECONDED AND DULY CARRIED: Order the Steering Committee Minutes for the meeting held on June 23, 2004 to be filed. b. Chair Anderson reported that proposed Resolution No. OCSD 04-22 had been withdrawn by staff, and would be considered for action the following month. c. MOVED, SECONDED AND DULY CARRIED: Affirm the decision of the Steering Committee for staff to purchase a 635 square foot parcel owned by Stage Road, LLC, to be used for a chemical feed facility in an amount of $20,000 plus costs. Non-Consent Calendar No items considered. 13. OPERATIONS. MAINTENANCE AND TECHNICAL SERVICES COMMITTEE (OMTS) OMTS Consent Calendar a. MOVED, SECONDED AND DULY CARRIED: Order draft Operations, Maintenance and Technical Services Committee Minutes for the meeting held on July 7, 2004 to be filed. OMTS Non-Consent Calendar No items considered. 14. PLANNING. DESIGN AND CONSTRUCTION COMMITTEE (PDC) PDC Consent Calendar a. MOVED, SECONDED AND DULY CARRIED: Order draft Planning, Design and Construction Committee Minutes for the meeting held on July 1, 2004 to be filed, as corrected. -. Minutes for Board Meeting Page 6 07/21/04 b. MOVED, SECONDED AND DULY CARRIED: (1) Approve a budget amendment of $450,000 for Solids Storage and Truck Loading Facility at Plant No. 2, Job No. P2-60, for a total budget of $15,400,000; and, (2) Ratify Change Order No. 5 to Solids Storage and Truck Loading Facility at Plant No. 2, Job No. P2-60, with Travelers Casualty and Surety Company of America (Travelers), authorizing an addition of $112,071, increasing the total contract amount to $10,887,358. c. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 3 to Warner Avenue Relief Sewer, Contract No. 11-22, with ARB, Inc., authorizing an addition of $35, 193, increasing the total contract amount to $5,459,342. d. MOVED, SECONDED AND DULY CARRIED: Ratify Change Order No. 8 to Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, with Steve P. Rados, Inc., authorizing an addition of $230,317, increasing the total contract amount to $31,516,326. e. MOVED, SECONDED AND DULY CARRIED: Approve Professional Services Agreement with PBS&J for engineering services for the Rehabilitation of Westside Pump Station, Contract No. 3-52, for an amount not to exceed $1,164,721. f. MOVED, SECONDED AND DULY CARRIED: Approve Amendment No. 3 to the Professional Services Agreement with HOR Engineering for design of Activated Sludge Plant Rehabilitation, Job No. P1-82, providing for additional engineering services for an additional amount of $203,906, increasing the total amount not to exceed $3,427,864. g. MOVED, SECONDED AND DULY CARRIED: Approve Amendment No. 6 to the Professional Services Agreement with SPEC Services, Inc. for Standby Power and Reliability Improvements to Treatment Plant Nos. 1 and 2, Job No. J-33-1, providing for additional engineering services for an additional amount of $130,791, increasing the total amount not to exceed $3, 114,554. h. MOVED, SECONDED AND DULY CARRIED: (1) Approve time extensions to Cooperative Projects Program contracts with the Cities of Fullerton (Contract No. 0205) and Orange (Contract No. 0129); and, (2) Approve additional funding of $21, 750 for the City of La Habra (Contract No. 0108, Amendment 1 ). PDC Non-Consent Calendar No items considered. Minutes for Board Meeting Page 7 07/21/04 15. FINANCE. ADMINISTRATION AND HUMAN RESOURCES COMMITTEE {FAHR) FAHR Consent Calendar a. The Finance, Administration and Human Resources Committee meeting to be held on July 14, 2004 was cancelled because of an anticipated lack of quorum. The following items were not reviewed by the committee. The General Manager recommended the following items be approved by the Board of Directors. b. MOVED, SECONDED AND DULY CARRIED: Receive and file Treasurer's Report for the month of June 2004. c. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 04-20, Amending Resolution No. OCSD 98-33, Amending Human Resources and Policies Procedures Manual. d. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD 04-21, Authorizing the District's Treasurer to Invest and/or Reinvest District's Funds; Adopting District's Investment Policy Statement and Performance Benchmarks for FY 2004-05; and Repealing Resolution No. OCSD 03-17. e. MOVED, SECONDED AND DULY CARRIED: Receive and file Communications and Administrative Services Strategic Plan FY 2004-2005. FAHR Non-Consent Calendar No items considered. 16. GRW SYSTEM STEERING COMMITTEE {GWRSSC) GWRSSC Consent Calendar a. MOVED, SECONDED AND DULY CARRIED: Order Groundwater Replenishment System Steering Committee Minutes for the meeting held on June 14, 2004 to be filed. GWRSSC Non-Consent Calendar No items considered. NON-CONSENT CALENDAR 17. MOVED, SECONDED AND DULY CARRIED: Ratify use of General Manager's emergency purchasing authority pursuant to Resolution No. OCSD 04-08, to issue a sole source contract to MJK Construction, Inc. for Underground Storage Tank Remediation at the Blower Building, Plant 1, Job No. FE04-43, in an amount not to exceed $132,000. -. Minutes for Board Meeting Page 8 07/21/04 18. Adopt Ordinance No. OCSD-24, Adopting Revised Table G re Permittee Charges for Use and Reaffirming All Other Charges: An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges; Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees relating to Industrial Charges, Source Control Perrnittees and Wastehaulers; and Repealing Ordinance No. OCSD-22: a. OPEN MEETING: The Chair declared the meeting opened at 8:40 p.m. The Chair noted no written comments were received. Gary Streed, Director of Finance, advised that the proposed adoption of revised Table G rates was not to recover the property tax shift that the state has proposed nor was it an increase in fees. The adoption of a revised Table G would correct a calculation method that has been used since the 1970's for the 500+ permit users. Staff was recommending to change the computation of the industrial and commercial rates to eliminate what amounts to a double credit for property taxes paid by the industrial/commercial user community so that they are calculated prior to subtracting property tax revenue, and to continue the practice of allowing each Permit User credit for its actual property tax payment during the billing process. General Counsel Tom Woodruff reported on procedural issues affecting Item 18(d)(2), and staff was recommending that the agenda item be modified to keep the public comment portion of the meeting open and to continue the consideration of proposed Ordinance No. OCSD-24 for a second reading and adoption at the August 25, 2004 meeting. Brian Keating of Kimberly-Clark addressed the Board, expressed concern over the impact of consistently increasing rates over the last several years to his firm, and he has estimated this proposed calculation method would cause an increase of 78% to their current cost. Darrel Neita also expressed concern over the true cost to treat the wastewater and supported Mr. Keating's comments. b. PUBLIC MEETING: The Chair declared the meeting would remain open to August 25, 2004 at the second reading of the proposed ordinance. c. Directors entered into discussion regarding industrial waste discharged to the District, and the costs of treating BOD and suspended solids. General Manager Anderson noted that Kimberly-Clark has had a very aggressive source control program over the past several years that has resulted in Kimberly-Clarke saving a considerable amount of user fees. He also reported that the Board of Directors were advised in 2002 that much of the cost of secondary treatment would be borne by those industrial dischargers that discharge BOD and suspended solids in their wastewater. Mr. Anderson also noted that the Orange County Business Council would be meeting on August 10 and wanted to fully discuss this issue with the industrial community. Directors requested they be provided a list of Minutes for Board Meeting Page 9 07/21/04 d. significant users in their city or district that would be impacted by the adoption of the ordinance. 1. MOVED, SECONDED AND DULY CARRIED: Read Ordinance No. OCSD-24 by title only and waive reading of said entire Ordinance. 2. MOVED, SECONDED AND DULY CARRIED: To introduce and pass to second reading on August 24, 2004 for Ordinance No. OCSD-24, Adopting Revised Table G re Permittee Charges for Use and Reaffirming All Other Charges. An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges; Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees relating to Industrial Charges, Source Control Permittees and Wastehaulers; and Repealing Ordinance No. OCSD-22. Director Bankhead opposed. 19. The Chair declared a recess of the Board of Directors, Orange County Sanitation District, at 9:24 p.m. Minutes for Board Meeting Page 10 07/21/04 ****** ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District Financing Corporation (OCSDFC) was called to order on July 21, 2004, at 9:24 p.m., in the District's Administrative Offices. The roll was called and the Secretary reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS x Steve Anderson, Chair Steve Simonian x James M. Ferryman, Vice Chair Arlene Schafer x Don Bankhead Leland Wilson x Patricia Bortle Rich Freschi A Brian Brady Peer A. Swan x Carolyn Cavecche Steve Ambriz x Alberta Christy Mike Garcia x John Collins Larry Crandall x Bill Dalton Bruce Broadwater x Brian Donahue David Shawver x Michael Duvall Keri Lynn Wilson Norman Z. Eckenrode x Judy Dickinson x Cathy Green Gil Coerper x Alice B. Jempsa Marilynn M. Poe x Tony Kawashima Doug Davert x Beth Krom Christina Shea x Patsy Marshall Jim Dow x Shirley McCracken Bob Hernandez x Roy Moore John Beauman x Joy Neugebauer Grace Epperson x Anna L. Piercy Tim Keenan Tod Ridgeway x Don Webb x Jim Silva Chuck Smith Paul Walker x Larry Herman A Paul Yost Charles Antos STAFF MEMBERS PRESENT: Blake P. Anderson, General Manager; Penny Kyle, Board Secretary; Carol Beekman; Bob Ghirelli; Dave Ludwin; Patrick Miles; Bob Ooten; Gary Streed; Lisa Tomko; Jeff Reed; Jennifer Cabral; Tod Haynes; Larry Rein; Denise Bell; Dale Sparks; Rose Marsella; Paula Zeller Minutes for Board Meeting Page 11 07/21/04 OTHERS PRESENT: Thomas L. Woodruff, General Counsel; Dan Spradlin; Joe Forbath; Darrel A. Nolta; Brian Keating; Don Hughes APPROVAL OF MINUTES The Chair ordered that the minutes of the regular meeting held July 23, 2003, be deemed approved, as written. Directors Bortle, Cavecche, Dickinson, Green, McCracken, Piercy and Webb abstained. REPORT OF THE DIRECTOR OF FINANCE Gary Streed reported that the Financing Corporation Board is required to meet annually. The corporation is needed to allow staff to issue certificates of participation. It was reported that $280 million of new debt was issued during 2003/2004, and payments have been made the past year in the amount of $11.6 million in principal and $14.3 million in interest. ADJOURNMENT: The Chair declared the meeting of the Orange County Sanitation District Financing Corporation adjourned at 9:26 p.m. ****** RECONVENE: The Chair of the Board of Directors of Orange County Sanitation District reconvened the meeting at 9:26 p.m. 26. CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8 AND 54956.9(c): The Board convened in closed session at 9:26 p.m., pursuant to Government Code Sections 54956.8 and 54956.9, to discuss Agenda Items Nos. 26(a)(1 ), (2), (3), (4), (5) and (6). Confidential Minutes of the Closed Session held by the Board of Directors have been prepared in accordance with California Government Code Section 54957 .2 and are maintained by the Board Secretary in the Official Book of Confidential Minutes of Board and Committees Closed Meetings. A report of action taken will be publicly reported at the time the approved action becomes final re Agenda Item Nos. 26(a)(4) and (5). There was no action taken re Agenda Item Nos. (1 ), (2), (3) and (6). RECONVENE IN REGULAR SESSION: At 10:40 p.m., the Board reconvened in regular session. ADJOURNMENT: The Chair declared the meeting adjourned at 10:40 p.m. Penny M. le Secretary of the Board.._o Directors of Orange County Sanitation District H:\depl\agenda\Board Mlnutes\2004 Board Minutes\072104 minutes.doc Clalma Paid From 08/01104 to 08118/04 WarrantNo. -~~end __ o_r __________________________ ~ Acr.ounta Payable -Warrants ftnl210Jlc 82342 Afr Products & Chemicals 82343 Basic Chemical Solullons, l.l.C. 82344 Black & Veatch Corporation 82345 Brown & Caldwell 82348 Computational Systems, Inc. 82347 CH2MHlll 82348 Environmental Engineering & Contracting 82349 Fluor Enterprises, Inc. 82350 Hill Brothers 82351 Kemlron Pacific, Inc. 82352 MGD Technologles, Inc. 82353 Pacific Blue Micro 82354 Parsons, Inc. 82355 Pioneer Americas, Inc. 82358 Polydyne, Inc. 82357 Skalar, Inc. 62358 Southem Csllfomla Edison 82359 Tule Ranch/Magan Farms 82380 U.S. Metro Group, Inc. 82381 U.S. Peroxide, L.L.C. 62382 Waste Markets 62383 Adams/Mallory Construction Co .• Inc. 62384 J F Shea Construction, Inc. 82385 J R Filanc Construction 62386 Margate Construction, Inc. 62387 Morrow-Meadows Corp 82388 Olsson Construdlon, Inc. 82389 Southem Contracting Company 62370 Torrey Pines Bank 62371 Absolute Standards, Inc. 62372 Advanced Coollng Technologies 82373 Agilent Technologies, Inc. 82374 Alrco Fiiter SeNlce 62375 Airgas -West 82376 Airgas Safety, Inc. 62377 American Red Cross 62378 Atlantis Pool Care 82379 Atlas-Allled, Inc. 82380 Awards & Trophies Company 62381 American Telephone & Telegraph Corp. 62382 American Telephone & Telegraph Corp. 62383 AWSI 62384 BakerTanks 62385 Bar Tech Telecom, Inc. 82388 Barrons Floor Covering 82387 Basler Electric Company, Department 590 62388 Bauer Compressors $ H:\dept\tln\EXCEL.dta\220\APSHARE\Cla!ms Paid Repo~lafms Paid Report· 061504.Jda Amount 28,294.06 33,424.71 234,373.54 148,190.08 58,453.80 58,786.94 48,500.00 27,738.90 31,429.09 178,851.19 64,439.89 43,532.50 37,701.72 202,001.69 55,014.24 27,016.88 53,242.84 213,073.69 26,235.00 144,520.51 29,744.07 86,412.57 2,041.427.01 1,089,151.20 908,540.00 227,000.00 212,842.46 28,280.00 121,016.80 565.00 420.00 887.08 137.92 42.43 4,589.10 151.00 250.00 4,770.00 26.27 1,042.16 21.51 250.00 10,558.41 254.36 6,498.00 2,807.73 1,828.43 Description Cationic Polymer Sodium Blsulfile & Sodium Hydroxide Engineering SeNlces P2-85, J-71-3, P1-102 &5-58 Professional SeNlces P1-37, P1-98 & CMOMNVDR Network Software & Maintenance Engineering SeNlces J-40-6 & J-40-7 Professional Services -Fata, 011 & Grease (FOG) Study Engineering Services J-84 & SP-81 Chemicals -Odor & Corrosion Control -Newport Trunklfne Ferric Chloride MO 9-27-95 Construction -Installation of Pressure Pipe at Rocky Pl., Westside & Edinger Pump Sta. Cisco SmartNel Maintenance Agreement Engineering SeNlces J-42 Sodium Hypochlorite Cetfonlc Polymer MO 3-11-92 lab Parts & Supplies Power Residuals Removal MO 3-29-95 Janitorial & Floor Maintenance al Plants 1 & 2 Odor & Corrosion Control Treatment for Coll. Sys.; Hydrogen Peroxide & Ferrous Chloride Malnt. Agreement -Grit & Screenings Removal & Digester Bed Mal'I. Removal Construction P2-79-1 ConstructlonJ-71-3, J-77, P2-85/SP-73 &J-35-2 Construction P1-78 Construction P1-37 Consbucllon P2-47-3 Construdlon P2-82 Consbucllon J-33-1A Professional SeNlces P1-76 lab Parts & Supplies Air CondfUonlng SeNlce Lab Parts & Supplles Natural Gas Fiiters Demurrage Safety SUpplles CPR Training & Miscellaneous Supplies Service Agreement -Admln. B!dg. Atrium Construction -Plant Water Bypass Piping for Main Compressor Project Plaques Telephone Conference Services Telephone Service Department of Transportation Training Program Tank Rentals Computer Hardware Carpet Replacement -J·42 Tral!ers Electrical Supplies Compressor Parts Page 1of8 EXHIBIT A 8129/2004 Claims Paid From 08101/04 to 08115104 WarrantNo. -~~e~nd~o~'~~~~~~~~~~~~~~ 62389 Belisle & Associates fln/210/!c 62390 Brenner-Fiedler & Assoc. Inc. 82391 Brenntag Pacific, Inc. 82392 Burke Engineering Co. 82393 Bush & Associates, Inc. 62394 Bykowski Equipment & Engineering 62395 Callfomla Relocation Services, Inc. 82398 Callfomla State University lnsfHute 62397 Caltrol, Inc. 82398 Cambridge Isotope Labs 82399 Carollo Engineers 82400 Clngular Wireless Airtime 62401 City of Fountain Valley 62402 City of Tusttn 82403 Columbia Analytical Services, Inc. 82404 Communications Performance Group. Inc. 82405 Communications Supply Corp. 62408 CommCore Consulting Group 82407 Compressor Components Of California 82408 Computer Sciences Corp. 82409 Con-Way Westem Express 82410 Consolfdated Elect. Distributors, Inc. 82411 Consolldated Plastics Company 62412 Cooper Cameron Corporation 62413 Cooper Energy Systems 82414 Corporate Express 82415 Corporate Image Maintenance, Inc. 82418 Cortech Engineering 82417 County of Orange -Auditor Controller 62418 County of Orange, Auditor Controller 82419 County Wholesale Electric Co. 82420 Crane Veyor Corp. 62421 CR&R, Inc. 62422 CRC Press, Inc. 82423 CWEA-TCP 82424 David's Tree Service 82425 Del Mar Analytical 82426 Dell Computer 62427 Detection Instruments Corporation 82428 Dunn-Edwams Corporation 82429 E. Sam Jones Distributors. Inc. 82430 Enchanter, Inc. 82431 Envlronmenlal Control Systems & Products 62432 Environmental Engineering & Contracting 82433 Environmental Resource Association 62434 Excel Door & Gate Company, Inc. 82435 ENS Resources, Inc. 82438 Falcon Associates H:\depl\fln\EXCEL.dla\220\APSHARE\Clalms Paid Report\03-04\Clalms Paid Report· 081504.Jds Amount 473.78 887.90 1,712.77 335.25 13,580.00 9,120.33 811.25 1,530.00 5,205.17 1,057.83 520.97 955.83 24,175.42 4,282.77 1,270.00 17,108.80 58.92 3,715.01 5,221.00 3,844.00 332.08 382.28 107.07 198.95 1,440.00 8,071.81 180.00 4,029.00 3,412.50 35.00 3,625.20 24,782.84 1,890.00 227.38 38.00 1,270.00 25.50 23,235.21 270.81 77.97 1,562.37 3,600.00 1,045.00 10,000.00 1,193.80 1,511.90 15,000.24 125.00 Description Publlcatlons Compressor Parts Palls Electrical Supplies Professional Services 11-22, J-77, J-67 & 7-36 Mechanical Repair & Malnl. Services Office Flies Moving/Relocation Services Ocean Monitoring Vessel Support Mechanical Parts & Supplies Lab Parts & Supplles Professlonal Services P2-60 Wireless Services Water Use Permit Fees 7-36, 7-39 & 7-41 Analysis of Wastewater, Industrial Wastewater & B!osollds Prof. Servs. -Emergency Response Plan & Hazardous Energy Control Procedures Mechanical Parts & Supplies On-Site Training -Presentation Skills for Executive Management Compressor Repafr & Malnt. Services Consulting & Lab Services-Assay Pilot Project Freight Electrical Supplies Miscellaneous Supplies Engine Supplies Repairs & Maintenance Services Office Supplies Custodial Services Spec. No. 9899-09 Pump Supplies Health Agency Spill Water Sampling -7/21/98 Splll Encroachment Permit Electrlcal Parts & Supplies Crane Repairs Container Rentals Publication Environmental Compliance & Monitoring Training Reglstraflon Tree Malnl. Service Analysis of Blosollds and Wastewater (40) Flat Panel Monitors Ins. Parts & Supplies Paint Supplies Eleclrlcal Supplies Ocean Monitoring & Outfall lnspedlon & Malntenanr.e Chemlcals Industrial Operator Training, OCSD Training Manual & Follow-up Audits lab Supplies Maintenance & Repair Services Protesslonal Services -Legislative Advocate Notices & Ads Page 2of 8 EXHIBIT A 6/29/2004 • Cfalms Paid From 06/01/04 to 08118/04 Warrant No. _.Vi .... a""'"nd=o"-r _____________ _ ftn121onc 62437 Fisher Sclenllflc Company, l.L.C. 62438 Flat & VerHcal, Inc. 62439 Flo -Systems, Inc. 62440 Forestry Suppliers 62441 Fountain Valley Rancho Hand Wash 62442 Franklin Covey 62443 Fry's Electronlcs 62444 City of Fullerton 82445 G.E.Supp~ 62448 Gates Fiberglass Installers 82447 George T. Hall 62448 Gerhardt's, Inc. 62449 Getfnge Castle 62450 Gold Coast Awards, Inc. 62451 Goldenwest Window SeNlce 62452 Government.Jobs.com 62453 Grainger, Inc. 62454 Great Western Sanitary Supplies 62455 Haaker Equipment Company 62456 Hach c/o Ponton lndustrfes 82457 Harold Primrose Ice 62458 Hanington Industrial Plastlcs, Inc. 62459 Herb's Blackforest Bakery & Dell 62480 The Holman Group 62461 Home Depot 62462 Hopkins Technical Products 62483 Houston & Harris PCS, Inc. 62464 Hub Auto Supp~ 62465 HI Standard Automotive 62466 Industrial Distribution Group 62467 Industrial Metal Supp~ 82468 Interstate Batteries of Cal Coast 82469 Invensys Systems, Inc. 82470 Iron Mountain Off-Site Data Protection 62471 J & L Industrial Supply 62472 Jamison Engineering Contradors, Inc. 62473 Jay's Catering 62474 Jobs Available, Inc. 62475 Johnstone Supp~ 62476 JWC Environmental 62477 Kaman Industrial Technologies 62478 Kel~ Paper 62479 Lawrence Ragan Communications, Inc. 62480 Liebert Cassidy Whitmore 62481 Llndell l. Marsh, Attorney at Law 62482 Luccl's Gourmet Foods, Inc. 62483 LINJER 62484 Main Photo Service H:\depl\ftn\EXCEL.dla\220\APSHARE\Clalms Paid Report\03-04\Cla!ms Paid Report· 081504.xla Amount 9,121.71 150.00 6,842.13 470.77 728.25 138.99 1,157.02 153.40 1,508.47 2,801.23 224.34 3,528.34 532.00 183.78 450.00 90.00 1,359.44 102.47 768.74 4,615.44 74.00 286.47 135.00 942.84 2,108.70 27.15 11,469.62 191.62 310.32 5,878.71 285.72 495.11 1,921.63 234.00 108.44 4,950.00 2,912.81 330.00 309.65 19,795.83 10.29 128.35 139.00 272.00 5,000.00 210.00 9,725.01 55.72 Description LabSupplles Concrete Cutting Pump Supplies lab Supplles Truck Wash Tfckets Office Supplies Computer Supplies Water Use Electrfcal Parts & Supplies Mechanlcal Parts, Supplies & Installation Electrical Supplies Engine Supplies Instrument Malnt. SeNfces (18) Pin Mounted Olstrfct Badges Window Cleaning Service-Spec. #990015 Notfces&Ads Electrical Parts & Supplies Janltorlal Supplies Misc. Vehicle, Parts, Repairs & Service Lab Pat1s, Supplies & Batteries Ice For Samples Plumbing Supplies Meeting Expenses Employee Assistance Program Premium Misc. Repair & Maintenance Materfal Pump Supplies Sewerflne Cleaning -TusUn & Unincorporated County Property Vehicle Parts & Supplies Automotive Parts & Supplies Pump, Mechanical & Paint Supplies Metal Batteries for Vehicles & carts Instrument Supplies Offslte Back-Up Tape Storage for NT SeNer Tools Construction -Installation of Air lines & Instrument Support Meeffng Expenses Nollces&Ads Electrfcal Parts & Supplies Muffin Monster Parts & supplies Pump Supplfes Paper Subscription Professlonal Services -HIPAA Compliance Environmental Consulllng SeNlces -Santa Ana River Sucker Exemption Meeting Expense Professlonal Service -DART MO 9-22-99 Rechargeable Batteries Page3of8 EXHIBIT A 8129/2004 Claims Paid From 08/01/04 to 06/15104 WarrantNo. -~~•=nd~o~r~~~~~~~~~~~~~~ t1n121onc 62485 Management Technologies 62486 Mc Junkin Corp 62487 McMahan Business Interiors 62488 McMaster-Carr Supply Co. 62489 Measurement Control Systems, Inc. 62490 Mee Analytlcal System 62491 Megger 82492 Meinhard Glass Produds 62493 Michael Asner Consulting 62494 Mfdway Mfg. & Machining Co. 62495 Mlele, Inc. 62498 Mission Uniform SeNfce 82497 Mobile Modular Management Corp 82498 MJK ConstrucUon 82499 Neal Supply Co. 82500 New Dimension Solutions, Inc. 82501 Nextel Communications 82502 Nlnyo & Moore Corporate Accounting 62503 The Norco Companies 62504 Nu-Way Laser Engraving 82505 NAS Associates, Inc. 62508 NEIWPCC -New Englan Interstate Water 82507 o. C. Wlndustrfal Co. 62508 Office Depot Business SeNices Div. 62509 Operation Technology, Inc. 82510 Orange County Hose Company 82511 Orange Fluld System Technologles, Inc. 82512 Oxygen Service Company 82513 OCB Reprographlcs 82514 OCV Control Valves -Remit 82515 P.L. Hawn Company, Inc. 62518 Pacffic Mechanical Supply 82517 Pacific Safety Council 62518 Pafnterln & Associates, Inc. 82519 Parker Supply Company 82520 Parkhouse Tire Co. 82521 Parts Unlimited 82522 Paul Pill 82523 PenValve 62524 Primary Source Office Furnishings, Inc. 82525 Profit Techniques, Inc. 82528 Protech Petroleum Services, Inc. 82527 PCS Express, Inc. 82528 Quality Tool & Equipment, Inc. 82529 R. L. Abbott & Associates 82530 R. s. Means Company, Inc. 82531 Restek Corp 82532 Retrofit Parts & Components, Inc. H:\dept\fln\EXCEL.ctta\220\APSHARE\Clalms Paid Repor1\03-04\Cla!ms Paid Report-081504.lcls Amount 1,950.00 119.29 3,441.93 3,815.60 1,247.81 1,485.00 3,141.00 803.25 8,670.65 2,835.39 9,898.87 2,030.95 818.44 2,999.40 187.51 15,250.00 1,918.34 769.95 5.60 51.84 1,415.00 75.00 1,505.21 2,975.07 2,726.94 69.77 212.18 2, 161.80 2,832.90 223.55 583.82 712.16 105.00 2,500.00 480.00 164.03 18.71 3,907.40 312.28 11,475.58 1,125.00 2,904.06 220.00 5,509.48 3,000.00 328.85 153.69 360.32 Description Professional SeNlces -Projed Management Process Plumbing Supplies Construction -Modification to Safety Division Trailer at Pit. 1 Mechanlcal & Eledrfcal Parts & Supplies Instrument Repair & Calibration SeNlces Toxicity Analysis Troubleshootlng, Repairs and Training SeNlces on Pulsar Relay Calibrator Lab Parts & Supplies Prof. Serv. -Develop RFP Process & Evaluate Guidelines for Long-Range Blosollds Plan Mechanical Repairs Lab Parts & Supplies Uniform Rentals Moblle Office Traller Rental at Pit. 2 for ABR Test Program Underground Tank Cleaning Plumbing Supplies O & M On-Site Training -"Rellablllly Centered Maintenance 2" Cellular Air Time Professional SeNlces -Materials Testing, Inspection & Geotechnlcal Engrg. Mall Delivery SeNlce Steel Tags labSeNlces Publication Mechanical Parts & Supplies Office Supplies Software Maintenance Hydraulic Hose Supplles & Parts Lab Parts & Supplles Specialty Gases Printing SeNlce -MO 1/26/00 Valves Elecbfcal Supplies Plumbing Supplies Membership Painting SeNices Mechanical Parts & Supplies Tires Automotive Parts & Supplies Professional SeNlces SP-74 Mechanical Parts & Suppl!es Office Supplies & FumHure Professional Services -O & M Manager Coaching Underground Storage Tank Repairs & Certification Courier Service Mechanical Parts & Supplies Kem County Bfosollds Consulting Services Publlcatfon Lab Parts & Supplies Mechanical Parts & Supplies Page4of8 EXHIBIT A 6/29J2004 4\ Clalms Paid From 08101/04 to 08/15/04 WarrantNo. ~Vi~•~nd~o~'~~~~~~~~~~~~~~ 62533 Romac Supply Co. 62534 RMS Engineering & Design, Inc. 62535 RPM Electric Motors 62536 Sancon Engineering, Inc. 62537 Science Appllcatlons Intl., Corp. 62538 Sfgma-Aldrfch, Inc. 62539 Smardan Supply Company 62540 Smith Pipe & Supply, Inc. 82641 Smith-Emery Company t1n121onc 62542 South Coast Air Quality Management Dist. 62543 Sparling Instruments, Inc. 62544 Spex Certlprep, Inc. 62545 Summit Steel 62546 SunsetFord 62547 Sunset Industrial Parts 62548 Super Chem Corporation 62549 Synegl, Inc. 62550 SBC 62551 SBC DataComm 62552 South Coast Environmental Co. 62553 SPX Valves & Control 62554 SWRCB Accounting Office 82555 Termlnlx International Co. 62556 The Walking Man, Inc. 82557 Thermo Electron Corp. 62558 Thompson Industrial Supply, Inc. 62559 Time Warner Communications 62560 Times Community News 82561 Voided Check 82562 Townsend Public Affairs 62563 Tropical Plaza Nursery, Inc. 82564 Truck & Auto Supply, Inc. 62665 TMV Systems Engineering, Inc. 82568 u. S. Geological Survey 82567 Ultra Scientific 82568 Urban Alternatives 82569 Valley Detroit Diesel Allison 82570 Varian, Inc. 62571 Verizon Callfomla 82572 Verne's Plumbing 82573 Vortex Corp. 62574 VWR Scientific Products 62575 The Wackenhut Corporalfon 62578 Waxle Sanitary Supply 62577 Weather & Wind Instrument Co. 62578 Westem Tech Servfce Company 62579 Westport Aparatus OBA Breaker Supply 62580 WEF -Registration Dept. H:\dept\fln\EXCEL.dta\220\APSHARE\Clalms Paid Report\03..04\Clafms Paid Report -081504.xts Amount 715.99 1,985.00 2,215.51 13,340.00 7,408.42 690.88 680.57 831.18 23,118.25 150.00 3,391.32 128.11 158.01 580.21 258.46 487.63 3,487.25 16.76 5,351.85 2,497.69 8,663.10 332.00 940.00 525.00 2,965.06 2,488.82 45.22 168.75 5,000.00 10,421.91 309.61 4,375.00 24,993.98 215.31 211.00 9,509.94 887.58 643.12 4,900.00 1,035.30 3,706.85 5,842.60 399.64 513.92 1,707.35 252.91 985.00 Description Eleclrfcat Supplies Engineering Services -Plant 2 Dewaterfng Bldg. Columns Motor Construction -Manhole Rehabllltatlon Program Ocean Monitoring MO 6-8-94 Lab Parts & Supplies Valves Plumblng Supplies Construction P1-37, 11-22 & 8-13-1 Annual Emission, Operation & Misc. Fees Instrument & Paint Supplies Lab SUpplles Metal Auto Parts & Service Mechanlcal Supplies Chemicals Software Telephone Services Computer Hardware/Software Cen Gen Emissions Testing Service Valves Storm Water Permit Pest Control Construction Notice Distribution -Bushard Trunk Sewer Replacement Motor, Batteries and Electrical Supplies Mechanlcal Supplles Cable Services Notices & Ads Legislative & Executive Advocate for Grant Funding Contrad Groundskeeplng MO 5-11-94 Automotive Supplies Server Maintenance & Support Ocean Monitoring -J-85 Lab Parts & Supplies Professional Services 1-10 Diesel Engine Repair & Maintenance Services lab Parts & Supplfes Telephone Services Service Contract -Testing & Cert. Backflow Devices at Plls. 1 & 2 & Pump Sta. North Laboratory Door Repairs lab Parts & Supplies Security Guards Janitorial Supplles Wind Sock Parts Instrument Parts & Supplies Electrlcal Parts & Supplles Source Control & Plant 1 Operations Training Registration Page5of8 EXHIBiTA 8/28J2004 ... , Clalms Pard From 08101/04 to 08115104 Warrant No. Vendor fln/21Dllc ~~~~~~~~~~~~~~~~- 82581 WEF 82582 Xerox Corporation 82583 Yale/Chase Materials Handling, Inc. 82584 3E Company 62585 Califomla Bank & Trust 62588 Jeffrey l. Armstrong 62587 Waqar A. Baqal 82588 Layne T. Baro!dl 82589 Barbara A. Collins 62590 James E. Colston 62591 Steven R. DeWl!de 82592 Mark A. Esquer 62593 Larry Gibson 62594 Victoria l. Henn 82595 Laurie J. Klinger 62598 Marc A. Larson 62597 Mfchael D. Moore 62598 Sharon Nellus 62599 Balachandra P. Rao 62800 George l. Robertson 62601 Jean E. Tappan 62802 Edward M. Torres 62803 Marco Polo S. Velasco 62804 Simon L. Watson 82605 Paula A. Zeller 62608 County of Orange -AudHor Controller 82607 Orange County Sanitation Dlstrfd 62608 City of Brea 62609 City of Santa Ana 62610 Coral Energy Resources, LP. 62611 Dell Computer 62812 Orange County Water District 62813 Thompson Industrial Supply, Inc. 62614 Orange County 8anHatlon District 62615 Ace Ergonomics 62616 Agilent Technologies, Inc. 62817 Airgas Safety, Inc. 62818 American Training Resources, Inc. 62819 American Telephone & Telegraph Corp. 82820 Brookfield Homes -Southland 62621 Callan Associates, Inc. 62822 Carl Warren & Co. 82823 Lori Colamonlco 62824 Consolidated Electrlcal Distributor 62625 Consumers Pipe & Supply Co. 62628 County of Orange 62827 County of Orange -Auditor Controller 62628 Court Trustee H:\depMn\EXCEL.dta\220\APSHARE\Clalms Paid Repor1\D3-04\Clalms Paid Report -061504.xls Amount 438.08 10,793.78 37.39 10,591.44 3,140.00 209.10 170.00 292.50 194.78 107.68 190.00 161.68 137.25 189.93 119.25 190.00 283.50 541.75 125.00 177.00 222.87 672.17 1,207.14 588.34 276.71 312.00 1,338.30 85,500.00 81,107.85 121,413.08 29,839.48 2,081,437.68 35,730.18 28,118.44 375.00 184.29 117.43 538.31 153.28 3,040.00 3,550.00 219.49 150.00 1,766.14 1,493.48 182.14 345.00 69.12 Description Membership -Water Environment Federation Fax & Copier Leases Mechanfcal Parts & Supplies Professlonal Services -Website Development & Support Construction J-33-1A. Retention Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Underground Storage Tank, Hazardous Material, & State Fees Petty Cash Relmb. Cooperative Projects Cooperative Projects Natural Gas (1) Exchange Server Power Vault, (1) Controller, (1) Latitude Notebook & Power SWitches Joint GWRS Projed J-38 Mechanlcal Parts & Suppllea Worker's Comp. Relmb. Ergonomic Workstation Evaluation Lab Parts & Supplies Safety Supplles Safety Videos Telephone Service Reconciliation User Fee Refund Program Investment Advisor Insurance Claims Administrator Wage Gamlshment Electrical Supplies Plumbing Supplies Wage Gamlshment Assessor's Roll Cross-Reference CD-ROM for 2003-2004 Wage Gamlshment Page8of8 EXHIBIT A 612912004 Claims Paid From 08101/04 to 08/15104 WarmntNo. ~~~a~nd=o='~~~~~~~~~~~~~~ 62629 Department of Child Support 8eNfces 62630 Employee Benefils Specialists, Inc 62631 Court Order 62632 FedEx Corporation 62833 Fleet Pride 62634 Franchise Tax Board 62635 Fry's Electronics 62636 Graybar Electric Company 82637 High Impact Priority Training 62638 City of Huntington Beach 62639 Industrial Dlsbibutlon Group 62640 Industrial Threaded Products, Inc. 82641 Internal Revenue Service 62642 Internal Revenue Service 62643 Intl. Union ofOper. Eng. AFL-CIO Local 501 62644 Irvine Ranch water District 62645 IRP Muller Associates, L.L.C. 62646 Katmar Promollons 62647 Los Angeles Times 62648 L3 Communfcatfons 82649 M K Products, Inc. 82850 McGany Central 62851 McMahan Business Interiors 82652 McMaster-Carr Supply Co. 62653 National Bond & Trust 82654 National Institute for Prevention of Workplace Viol. 62655 Oxygen Service Company fln/21011c 62858 OCEA 62657 Court Order 62858 Court Order 62659 Peace Officers Council of CA 62660 Peak Technologies 62681 PenValve 62662 Ryan Herco Products Corp. 62683 Revenue Enhancement Group, Inc. 82884 ScoHel Voice & Data, Inc. 62685 Seaventures 62666 Shureluck Sales & Engineering 82887 Court Order 82888 State Water Resources Control Board 82889 Summit Steel 62870 Times Community News 62671 Tony's Lock & Safe Service & Sales 62672 United Parcel Service 82673 United Way 82674 Verizon Callfomla 82675 Vortex Corp. 82878 VWR Scfentific Products Corporation H:\depftfln\EXCEL.dta\22D\APSHARE\Clalms Paid ReporNJ3-414\Clalms Paid Report -081504.xts Amount 188.50 9,572.68 445.00 257.02 1,723.63 138.00 133.35 27.89 7,880.00 18,315.18 87.28 84.08 300.00 200.00 3,890.54 11.90 278.67 745.50 31.98 18,725.85 4,218.15 95.85 3,870.92 3,059.95 2,439.20 3,879.50 325.77 589.73 40.00 296.00 1,584.00 302.11 130.54 148.04 285.85 75.00 5,250.00 700.49 721.50 2,180.00 334.19 475.00 80.85 40.38 255.00 733.69 510.06 35.02 Dascrlptlon Wage Gamlshmenf Reimbursed Prepaid Employee Medical & Dependent Care Wage Gamlshment Air Freight Mechanical Parts & Supplies Wage Gamlshment Computer Supplies Electrical Supplies On-Site Aerial Lift Training Water Use Mechanical Parts & Supplies Mechanical Parts & Supplies Wage Gamishment Wage Gamishment Dues Deduction Water Use Reconclllatlon User Fee Refund Program Outreach Program -OCSD Pens Subscription Reconclllatlon User Fee Refund Program Reconclllatfon User Fee Refund Program Office Equipment Maintenance Agreement Conference Room Tables Mechanical Parts & Supplles U.S. Savings Bonds Payroll Deductions On-Site Training -Workplace Vfolence Prevention Specialty Gases Dues Deduction Wage Garnishment Wage Garnishment Dues Deduction Printer Ribbon Plumbing Parts & Supplies Pump Supplies CO-ROM Charges Refund Telephone System Maintenance Ocean Monitoring Vessel Mechanical Parts & Supplies Wage Garnishment Annual NPDES Permit Fee Metal Notices & Ads Locks&Keys Parcel 8ervlces Employee Contributions Telephone Services Door Repairs Lab Supplies Page 7of8 EXHIBIT A 6129/2004 Clalms Paid From 08101/04 to 08115104 Warrant No. Vendor ~~~~~~~~~~~~~~~~- 62877 Court Order 82878 Kevin Hadden 82879 Deirdre E. Hunter 62880 James W. Mane 62681 Wendy T. Sevenandt 82882 Chaudhry, Corina & Dell 62883 Ricardo Garibay 62684 RA/NL Gerhard 62885 Kaslow, Sandra & Jeremy 62688 Kfenow Associates, Inc. 62687 David Medina 82688 State Board of Equalization 82889 State Board of Equallzatfon 82690 Partners Consulting Services 62691 Tony's Lock & Safe Service & Sales 62692 Sours, Barbara Total Accounts Payable -Warrants Pavroll Dlsburumants 34056 -34167 Employee Paychecks 98733-99281 Direct DeposH Statements Total Payroll Disbursements Wint Transfer Payments ftn121onc JP Morgan Chase Bank JP Morgan Chase Bank OCSD Payroll Taxes & Contributions Total Wint Transfer Payments Total Clafms Paid 08101/04 -08115104 $ $ $ H:\depftftn\E)(CEL.dla\220\APSHARE\Clalms Paid Report\03-04\Clalms Paid Report· 081504.xls Amount 597.50 835.87 450.00 1,878.12 294.71 1,658.30 84.88 1,003.95 1,003.95 7,104.79 1,418.21 300.00 300.00 39,174.00 11.27 874.50 9,698, 750.08 153,018.62 992,913.54 1, 145,932.16 126,350.41 34,949.27 671,438.49 832,738.17 11,677,418.41 Description Wage Garnishment Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Employee Computer Loan Program User Fee Refund Regarding Septic Tanks User Fee Refund Regarding Septic Tanks User Fee Refund Regarding Septic Tanks Legal Services 1-2-4 User Fee Refund Regarding Septic Tanks Annexation Fee Annexation Fee FIS On-Site Support -One Wortd XE Migration Project Locks& Keys Reconciliation User Fee Refund Program Biweekly Payroll 06/09/04 & Termination Check Biweekly Payroll 08/09/04 Soclete Generate June SWep Payment on 1993 Certificates of Participation May Interest Payment on 1993 Certificates of Participation Biweekly Payroll 06/09/04 Page8of8 EXHIBIT A 8129/2004 Claims Paid From 08118104 to 08130/04 Warrant No. Vendor Accounts Pmble -Warrants 82893 82894 82895 82898 82897 82898 82899 82700 82701 62702 62703 62704 62705 62708 82707 82708 82709 62710 62711 82712 82713 82714 62715 62718 82717 62718 82719 82720 82721 82722 82723 82724 82725 82728 82727 82728 82729 62730 82731 82732 82733 82734 82735 82738 82737 82738 82739 82740 62741 American Express Basic Chemical Solutions, L.L.C. Black & Veatch Corporation Blue Cross of Csllfomla Brown & Csldwell BMC: Business Machines Consultants, Inc. Delta Dental lrvlne Technology Corporation IPMC cJo Parsons Kaiser Foundation Health Plan Kemlron Pacific, Inc. MWH Americas, Inc. Orange County Water District Parsons Water & lnf139tructure, Inc. Pioneer Americas, Inc. Schwing America, Inc. Tule Ranch/Magan Fanns U. S. Geological Survey U.S. Peroxide, L.L.C. University of Southem Callfomla ARB, Inc. J F Shea Construction, Inc. Mike Priich & Sons Steve P Rados, Inc. Union Bank of California @Stake, Inc. AccuStandard, Inc. Agilent Technologies, Inc. Airgas -West Airgas Safety, Inc. Allied Packing & Rubber, Inc. AmetekTCI Annmar Industries, Inc. Aquarium Doctor Arch Wireless Argo lntematlonal Corp/Roblcon Atlas-Allied, Inc. Awards & Trophies Company ACR Systems, Inc. ASSE American Soc. of Safety Engineers AT&T Universal Biller American Telephone & Telegraph Corp. AT&T Wireless Services AWSI Battery Speclalfles BloMerleux Vitek, Inc. Boise Workapace Bongarde Communications, Ltd. Brenntag Pacific, Inc. s Amount 31,935.78 40,783.88 128,238.45 330,201.81 165,330.72 26,194.53 57,489.30 27,456.00 1,141,580.00 52,753.14 71,879.45 58,279.94 88,718.52 189,227.23 197,823.72 27,348.28 217,384.78 40,094.51 40,390.01 28,580.00 890,849.25 219,787.00 644,429.40 285,810.70 29,512.30 2,202.58 98.80 873.14 385.27 3,729.73 88.03 5.00 2,276.00 304.20 1,855.24 887.85 7,000.00 112.08 5,740.92 140.00 1,909.41 51.24 3,021.10 203.00 552.37 1,078.48 4,114.37 94.25 879.70 H:\dept\tln\EXCELdta\220\APSHAREIClalmt Paid Repor1\03-04\Clalma Paid Report. 083004 Xia fln1210J!c Description Purchasing Csrd Program, Misc. Supplies & Services Sodium BlsulfHe & Sodium Hydroxide Engineering Services P1-78, P2·85 & J.77 Medical Insurance Premium Professional Services P 1-37 HP Printer & Printer Stacker, Maintenance & Supplles Dental Insurance Plan Temporary Employment Services Professional Services-Integrated Program Management Medical Insurance Premium Ferric Chloride MO 9-27·95 Professional Services P2-74 GAP Water Use Professional Services J-35-2 Sodium Hypochlorite Repairs & Maintenance Service on (3) Schwing Truck Loading Pumps Residuals Removal MO 3-29·95 Ocean Monitoring -J-85 Odor & Corrosion control Treatment for Coll. Sys.; Hydrogen Peroxide & Ferrous Chloride Prof. Serv. -Spatial Scales & Optima! Grid Spacing for Hydrographlc Water Quality Mapping In San Pedro Bay Construction 11-22 Construction J-87 Construction 8-13-1 & 7-23-1 Construction 1-2-4 Construction 1-2-4, Retention Professional Services -Anti-Virus Services Lab Parts & Supplies Lab Parts & Supplies Lab Parts & Supplies Safety Supplles Mechanical Supplies Insurance Charge Professional Services -Sample Point Device Testing Tanks Human Resources Aquarium Service Airtime, Servfce & Equipment Keypad Construction -Plant Bypass for MAC Compressors Maximum Ocx:upancy Sign Instrument Parts & Supplies Membership Telephone Service Telephone Service Wireless Phone Services Department of Transporlatlon Training Program Batteries Lab Supplies Construction -Install Fume Hood & Wor1<atatlon Modifications at ECM Area Janitorial Supplies Safety Supplies Page 1 of14 EXHIBITB 71212004 Claims Paid From 08/18/04 to 08130104 Warrant No. 82742 82743 82744 82745 82748 82747 82748 82749 82750 82751 62752 82753 82754 82755 82756 62757 82768 82759 82780 62781 82782 62783 82784 82785 82788 82787 82788 82769 82770 82771 82772 82773 82774 82775 82778 82777 82778 82779 82780 82781 82782 82783 82784 82785 82788 82787 82788 82789 82790 82791 Vendor Amount Bush & .Associates, Inc. BC Wire Rope & Rigging Callfomla Auto Collision Calltomla Banicade Rentals Callfomla Relocation Services. Inc. Caltrol, Inc. Cameron Weldlng Supply Carollo Engineers Center for Creallve Growth Clngular Wireless Equipment City of Buena Park Columbia Analytical Services, Inc. Communications Performance Group. Inc. Compressor Components or Calltomla Consolidated Elect. Distributors. Inc. Consumers Pipe & Supply Co. Cooper Energy Services Corporate Express Cost Containment Solutions County Wholesale Electric Co. Cytec Industries CGvL Engineers CMAA County Sanitation District No. 70 CWEA Membership CWEA Specialty Conference Dapper Tire Co. De Guella Glass Co .. Inc. Del Mar Analytical Dharma Consulting Dunn-Edwards Corporation OHL Express DMARK Corporation DWG Assodates E. Sam Jones Distributors. Inc. Ecopolnt, Inc. Edinger Medical Group, Inc. Employee Benefits Specialists, Inc. Enchanter, Inc. Entech lnslruments, Inc. Ewing Irrigation Industrial ETISyatems Ferguson Enterprises. Inc. Fllterllne Corporation Ff rat American Real Eafate Solutions Fisher Scientific Company, L.L.C. Flo -Systems, Inc. Foodcraff Coffee & Refreshment Services Fortis Benefits Insurance Company Franklin Covey H:\depl\ftn\EXCEL.cl!a\22CMPSHARE\Ctalma Paid Report\03-04\Clalm• Paid Report • 083004 XI• ftn1210J!c 788.00 855.35 940.00 300.00 187.60 3,175.80 85.98 1,580.50 2,300.00 1,878.79 7,732.23 8,800.00 1,000.00 11,532.74 1,875.82 189.85 383.27 3,310.80 2,888.83 3,852.35 18,087.30 8,308.55 85.00 2.125.00 97.00 130.00 938.77 181.39 518.00 15,725.00 428.24 15.71 1,228.81 13,884.59 381.83 130.00 405.00 839.45 3,800.00 3,382.73 829.98 590.00 408.00 54.29 348.50 5,490.88 13,881.23 282.70 24,505.42 888.37 Description Professional Surveying Services -Various Cspltal Projects Mechanical Parts & Supplies Vehicle Repairs -V-370 Barrtcade Rentals Office Flies Movfng/Relocatlon Services Mechanical Parts & Supplies Welding Supplies Professional Services -Coordinated Comm'I. Enterprise Study Professional Services -O & M Management Coaching Equipment & Tax on Free Phones Cooperative Projects Domestic Wastewater Testing for NISC Project On-Site Training -IERP/FRA Compressor Repair & Malnl. Services Electrical Supplies Plumbing Supplies Engine Supplies Office Supplies Worker's Comp. Services Eleclrlcal Parts & Supplies Anionic Polymer Spec. No. 9798-18 Engineering Services P2-82 Engineering & Construction Meeting Registration (Const. Mgmt. Assoc. of America) Olfactometry Lab Expense Membership • Cs!lf. Wafer Environment Assoc. Air Quality & Special Projects Meeting Registration Truck Tires Glass Repairs -J-42 Trailers Analysis of Blosolfds and Wastewater Prof. Services -Strategic Planning & EMT Development Paint Supp!les Freight Charges Repairs & Maintenance Materials Professional Services SP-72 Eleclrfcal Suppl!es Subscription Medical Screenings Reimbursed Prepaid Employee Medical & Dependent Care Ocean Monitoring & Outfall Inspection & Maintenance Lab Parts & Supplies Plumbing Parts & Supplies Transformer Testing Services Valves Fiiters Orange County Property Information Lab Parts & Supplies Lab Parts & Supplies Meeting Supplies Long-Tenn & Short-Tenn Disability Ins. Premium Office Supplies Page2cf 14 EXHIBITB 7/2/2004 • Clalms Paid From 08118/04 to 08130104 Warrant No. 82792 82793 82794 82795 82798 82797 82798 82799 82800 82801 62802 82803 82804 62805 82808 82807 82808 82809 82810 82811 82812 82813 82814 82816 62818 82817 82818 82819 82820 82821 82822 82823 82824 82825 82828 82827 82828 82829 82830 82831 82832 62833 82834 82836 82838 62837 62838 82839 82840 82841 Vendor Amount Pryor Seminars/career Track Fry's Electronics Full Spectrum Analytics G. E. Supply Ganatt-callahan Company Geek Speak George T. Hall Grainger. Inc. Guarantee Records Management Hach clo Ponton Industries Hagemeyer North America Harold Primrose Ice Harrington Industrial Plaalfcs, Inc. Hasler, Inc. Health Science Associates Herb's Blackfcrest Bakery & Dell Home Depot Hub Auto Supply ldexx Industrial Distribution Group Industrial Metal Supply Information Resources lntratek Computer, Inc. Invensys Systems, Inc. Iron Mountain IBM Corporation ISEC, Inc. ISi, Inc. J.G. Tucker and Son, Inc. Jay's catering Johnstone Supply Kforoe, Inc. Konnle K. Gallery Lab Support Luccl'a Gourmet Foods, Inc. LINJER Maintenance Technology Corp. Marden Susco, Inc. Mayer, Brown, Rowe&Maw. l.L.P. McJunkln Corporation McMaster-carr Supply Co. Mee Analytical System Mental Health/Rehabilitation Associates Mid-West Associates Midway Mfg. & Machining Co. Mlle Square Golf Course Mini Mailers, Inc. Mission Uniform Service Mitchell Instrument Co. MCR Technologlea, Inc. H:\depl\f!n\!!XCEL dta\220\APSHAREIClalms Paid Repcrt\03-04\Cla!ma Paid Report· 083004.xta fln1210l!c 149.00 172.38 843.10 896.47 3,163.98 1,825.00 738.70 1,716.90 180.eo 3,608.52 1,595.00 55.50 8,074.53 1,470.00 72.00 81.69 458.29 288.80 3,340.25 3,720.68 431.27 375.00 1,398.00 6,126.61 88.08 2,395.00 1,442.13 840.00 652.78 127.44 93.38 20,378.44 68.82 998.00 681.90 6,926.40 808.74 2,138.84 6,000.00 419.82 232.70 7,560.00 76.00 3,888.31 2,820.00 500.00 441.24 2,288.85 801.00 316.66 Description Instrumentation & Electrical Malnt. Training Reglstrallcn Computer Supplles Instrument Repairs Electrical Parts & Supplies Chemicals & Instrument Parts & Supplies Software Consulting -"Geek Speak'' Electrical Parts & Supplies Electrical Parts & Supplies Off-Site Records Storage Lab Parts & Suppllea Prescription Safety Glasses Ice For Samples Plumbing Supplies Software Maintenance & Meter Rental -Mall Manager lntellltouch System Asbestos Sample Testing Meeting Expenses Misc. Repair & Maintenance Material Vehicle Parts & Supplies Lab Supplies Mechanical , Paint & lock Supplies Mela I Human Resources Service -Background Checks Network & Server Maintenance Instrument Supplies Bid Document Storage Fees P1-37 &J-39 Card Reader Equipment & Installation at Power Bldg. 2 Construction -Install Fume Hood at Lab Service Agreement -Communication Equipment Mechanical Parts & Supplies Meeting Expenses Waler Heater & Parts Temporary Employment Services Picture Framing Service Temporary Employment Services Meeting Expense Professional Service -DART MO 9-22-99 Mechanical Supplies Valves Professional Services -Strategic Planning & Advoe2!'/ Plumbing Supplles Mechanical Parts & Supplies Toxicity Analyala Professional Services on 2127/04 Pump Supplies Mechanical Parts & Supplies Room Rental -Community Outreach Re Ellls Ave. Pump Station Malling Services -Community Outreach Program Re Ellis Ave. Pump Station Unlfonn Rentals Instrument Parts & Supplles Disposal Pens Page3cf 14 EXHIBITB 7/2/2004 Clalms Paid From 06118104 to 08/30104 Warrant No. 82842 82843 82844 82845 82848 82847 82848 82849 82850 82851 82852 82853 82854 82855 82858 82857 82858 82859 82880 82881 82882 82883 82884 82885 82888 82887 82888 82889 82870 82871 82872 82873 82874 82876 82878 82877 82878 82879 82880 82881 82882 62883 82884 82885 82888 82887 82888 82889 82890 82891 Vendor Amount National Plant Services, Inc. National Technology Transfer, Inc. Neal Supply Co. NetVeraant of Southam Csllfomla Newark Electronics Nickey Petroleum Co., Inc. Nu-Way Laser Engraving 0 C Tanner Recognition Company Office Depot Business Services Div. The Orange County Register Orange County Wellness Coalttlon Orange Fluid System Technologies, Inc. Oreo Construdlon Supply Osterbauer Compressor Oxygen Service Company OCAIHA -Orange County American Indus. OCB Reprographlcs ORE Offshore Pacific Mechanical Supply Parker Supply Company Parts Unlimited PenValve Polydyne, Inc. Port Supply Praxair Distribution, Inc. Pre-Paid Legal Services, Inc. PrlnterGuy Pro pipe PCG Industries Quinn Shepherd Machinery R. Fox Construction, Inc. Rellaslar Reliastar Bankers Security life Ins. RemedyTemp, Inc. RestekCorp Ricoh Business System Rosemount/Unlloc Ryan Herco Produds Corp. RJN Group, Inc. RM Automation clo RM Controls RMS Engineering & Design, Inc. ScoHel Voice & Data, Inc. Seavlsual Consulting, Inc. Secure Decks & Scaffolding, Inc. Shamrock Supply Co., Inc. Shureluck Sales & Engineering Sigma-Aldrich, Inc. Skalar, Inc. Smardan Supply Company So. Cal. Gas Company H:\dltpl\tln\EXCELdla\220\i\PSHARE\CIA!ms Paid Reporl\03-04\Clalms Paid Report· 063004xls ftnl210llc 440.00 949.95 435.48 4,909.25 51.58 3,142.77 91.90 981.88 1,958.78 7,888.72 45.00 8,879.82 97.82 2,080.40 3,118.73 40.00 8,591.13 527.97 338.82 8,775.39 233.27 108.90 10,950.58 48.88 59.05 433.55 2,505.42 8,888.09 725.00 3.45 9,937.50 9,941.55 9,847.44 3,043.33 285.89 1,823.90 1,925.60 438.14 9,720.00 98.39 19,130.00 2,284.80 7,155.00 900.00 487.30 977.88 779.40 3,091.01 137.95 21,883.05 Description Vaaium Truck Services O & M Plant Facflltfes Maintenance Training Registration Plumblng Supplies Security System Maintenance Instrument Supplfes Industrial Hydraulic 011 Steel Tags Employee Service Awards Program Office Supplles Notices & AtJsJ Human Resources Training Registration Mechanlcal Parts & Supplies Chemicals -Odor & Corrosion Control -Newport Trunkllne Compressor Parts & Supplies Specialty Gases Membership Printing Service-MO 1/28100 ZfncAnodes Plumbing Supplies Mechanical Seals , Parts & Supplies Truck Supplies Plumblng Parts & Supplies Cationic Polymer MO 3-11-92 Safety Supplies Demurrage Employee Legal Service Insurance Premium Printer Maintenance CClV Sewertlne Inspection -2-41 Repair & Maintenance Services -High Rate Mixer Pump Shaft Freight Charges Construdlon -Cooling water Drains for Vaporizer Employee Medical Health Premium Employee life Ins. Premium, Short-Tenn Disability & cancer Ins. Payroll Deductions Temporary Employment Services lab Parts & Supplies Color Copier Lease Instrument Supplies Plumblng Supplies CMMS Consulting Services Instrument Supplies Engineering Services P1-91 Telephone System Maintenance Professions! Services -Ocean Outfall Instrumentation On-Site Training -Hazard Awareness (Scaffold) Mechanical Parts & Suppl!ea Mechanical Parts & Supplies lab Parts & Supplies Lab Parts & Supplles Instrument Parts & Supplies Natural Gas Page4cf14 EXHIBITS 71212004 .. , Clalma Paid From 06118104 to 08130/04 Warrant No. 82892 82893 82894 82896 82898 82897 82898 82899 82900 82901 62902 82903 82904 82905 82908 82907 82908 82909 82910 82911 82912 82913 82914 82915 82916 82917 82918 82918 82920 82921 82922 82923 82924 82925 82928 82927 82928 82929 82930 82931 82932 82933 82934 82935 82838 82937 82938 82939 8294<1 82941 Vendor Amount SoftCholce Source Graphics Southern Callfomla Edison Southam Contracting Company Southwest Afr Balance Corp. Spectrum Video, Inc. St Croix Sensory, Inc. SummHSteel Sunset Industrial Parts Surefire, L.L.C. Symcas-TSG SPEC Services, Inc. SPX Valves & Control Teledyne Eleclronlc Tech. Tennlnlx lnlernatlonal Thompson Industrial Supply, Inc. ThyssenKrupp Elevator Corporation Tony's Lock & Safe Service & Sales Southam Califamla Trane Company Truck & Auto Supply, Inc. Ultra Scientific Underground Service Alert of So. Calif. Undef988 Graphics, Inc. The Unisource Corporation United Parcel Servtr.e Urban Altematlves Valley Detroit Diesel Allison The Vantage Group, L.L.C. Verizon Callfomla Vertex Business Systems Vision Service Plan-(CA) VWR Scientific Products The Wackenhut Corporation WscoFllter Water 3 Engineering, Inc. Waxle Sanitary Supply Wesco Dlstrlbltlon, Inc. West-Lfte Supply Company, Inc. Westmarl< Paint Co. Wetlabs, Inc. WEF WEF Research Foundation WEFT EC WL Homes, l.l.C. Xerox Corp -OMNI Xerox Corporation Yale/Chase Materlals Handllng, Inc. Yokogawa Corp. of America S. S. Mechanical Corp. Blake Anderson H:1dept\fln\EXCEL dta\220\APSHARE\Clalma Paid Raportl03-(J4\Clalma Paid Report • 063004 xla ftnl210Jlc 4,247.85 8,524.22 7,294.80 18,054.80 277.60 2,510.00 2,850.00 889.84 534.45 1,784.95 1,381.80 14,509.04 803.20 1,791.41 1,895.00 3,889.89 1,280.00 415.14 3,314.00 800.74 543.44 1, 158.4<1 315.57 181.80 20.85 5,179.00 899.00 22,080.00 2,544.09 1,010.18 9,440.88 7,403.50 15,637.38 3,408.99 5,283.11 37.87 121.22 145.77 284.03 442.40 708.00 2,000.00 755.00 288.38 21.00 3,122.27 382.13 198.18 9,807.87 834.00 Description Software OCE Wide Format Copier/Printer Power Construcllon -Addition of Cart Charging Stations at Bldg. 5 Professional Services -Airflow Testing Professional Services -Board Room Audio-Visual Design Instrument Parts & Supplies Metal Mechanical Supplies Safety Supplles SCADA System VAX Service Agreement Engineering Services J-33-1 Valves Instrument Parts & Supplies Pest Control Mechanfcal Parts & Supplies Elevator Maintenance Locks&Keys Electrical Equipment Service Contrad Automotive Supplies Lab Parts & Supplies Membership Contract Service -Outfall Inspection Office Supplies Pan:el Services Outreach Consultlng/Support Re Replacement of Ellls Ave & Rocky Point Pump Stations Engine Troubleshooting & Testing Temporary Employment Service Telephone Services Software -Payroll Tax Vision Service Premium Lab Parts & Supplies Security Guards Fiiters Engineering Services J-87 Janitorial Supplies Instrument Supplies Electrical Supplies Painting Supplies Lab Equipment Service Membership -Water Environment Federation Professional Services -F.R.O.G. Collaborative Project (Fats, Roots, 011 & Grease) O & M Meeting Registration Reconciliation User Fee Refund Program Fax Machine Maintenance Contract Copier & Fax Leases and Maintenance Contracts Mechanical Parts & Supplies Instrument Supplles Construction J-40-8 Meeting/Training Expense Reimbursement Page5cf14 EXHtBITB 7/2/2004 Clalms Paid From 08118104 to 08/30/04 Warrant No. 82942 82943 82944 82945 82948 82947 82948 82949 82950 82951 82952 82953 82954 82955 82958 82957 82958 82959 82960 82981 82882 82983 82984 82985 82986 82987 82988 82989 82970 82971 82972 82973 82974 82975 82978 82977 82978 82979 82980 82981 82982 82983 82884 82985 82988 62987 82988 82989 82990 82991 Vendor Thomas M. Blanda Darrin L. canen Patrick M. Csrrillo Wiiiiam D. Csssldy Deirdre E. Hunter Michael D. Moore Samuel L. Mowbray Robert Ooten David L. Ray JaneH. Tran Aegerter, Wayne & Fry's Electron!cs Chafe, David County of Orange Nikac, Marko Orange County Sanitation Dlstrld MJK Construction Soulhem Csllfomla Edison UBS Financial Services, Inc. Woodruff, Spradlin & Smart Airgas Safety, Inc. Alhambra Foundry Co., Ltd. American Airlines Analytical Producls Group, Inc. American Telephone & Telegraph Corp. Boot Bam Brenntag Pacific, Inc. Csrdlac Scfence, Inc. Vofded Check Consolidated Elect. Dlstrlbutora, Inc. County of Orange Court Trustee Department of Child Support Services Employee Benefits Specfallsts, Inc. Court Order FedEx Corporation Fisher Scientific Pryor Seminars/career Track Graflx Training & Consulting Great Westem Sanitary Supplles Governmental Aooountlng Standards Board Home Depot Industrial Threaded Products, Inc. lnnertlne Engineering lntemat Revenue Service Internal Revenue Service Intl. Union of Oper. Eng. AFL-CIO Local 601 Irvine Ranch Water District L & N Uniform Supply Co. Labware, Inc. Lawyers Tiiie Company Amount 105.58 72.00 170.00 150.00 1,288.35 275.00 485.40 440.40 871.25 520.95 3,000.00 2,000.00 100.00 1,318.23 849.92 70,189.82 95,571.85 38,440.18 215,810.88 338.40 1,885.82 5,152.21 352.00 178.58 107.74 148.01 3,821.38 485.81 182.14 89.12 188.50 9,808.37 445.00 48.04 73.10 195.00 950.00 34.38 280.00 317.47 1,805.51 17,082.70 300.00 200.00 3,911.04 34.85 100.05 23,000.00 500.00 H:'dept\f!n\EXCEL.d!a\220\APSHARE\Ctalma Paid Repmtl03-(l4\Clalms Paid Report -083004.x!s ftn/210/lc Description Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Employee Computer Loan Program Employee Computer Loan Program Encroachment Permit User Fee Refund Regarding Septic Tanks Petty Cssh Relmb. Underground Tank Removal at Plant 1 Auto Shop Power Remarketlng Fee • Serles 2COOA & Serles 20008 Refunding Certificates of Participation Legal Services MO 7·28-4JS Safety Supplies & Equipment Manhole Frames & Covers Travel Services lab Supplies Telephone Service Relmburaable Safety Shoes JanHortat Supplles Safety Supplies -Pediatric Defibrfllatlon Pads Electrical Parts & Supplies Wage Gamlahment Wage Gamlshment Wage Gamlshment Reimburaed Prepaid Employee Medical & Dependent care Wage Garnishment Air Freight Lab Supplies Mechanlcal Maintenance Training Registration Training Supplles JanHorlal Supplies Publication Misc. Repair & Maintenance Material Mechanlcal Parts & Supplles CCTV Vfdeolng of Trunkline Sewers Wage Garnishment Wage Gamlshment Dues Deduction Water Use Uniform Renlals Lab Software/Hardware Maintenance Property TH!e Search Services Page8Cf14 EXHIBITB 7/2/2004 Clalms Paid From 06118104 to 06130104 Warrant No. 82992 82993 82994 82995 82998 82997 82998 82999 83000 63001 83002 83003 83004 63005 63008 83007 83008 63009 83010 83011 83012 63013 83014 63015 83018 83017 83018 83019 83020 83021 83022 83023 63024 83025 63028 83027 83028 83029 83030 83031 83032 83033 83034 83035 83038 83037 83038 83039 83040 83041 Vendor MassMutual Michel Flnanclal Group McMaster.Carr Supply Co. Measurement Control Systems, Inc. Midway Mfg. & Machining Co. National Bond & Trust Natlonal Fiiter Media Corporation Orange Fluid System Technologies, Inc. OCEA Court Order Court Order Peace Offccers Council of CA PenValve Perkin Elmer Corporation Sancon Engineering, Inc Schwing America, Inc. Shureluck Sales & Engineering Smardan Supply Company -Fountain Valley Court Order Southam Callfomla Edison Southland Envelope Company, Inc. Summit Steel SBC Thermo Speclronlc Thompson Industrial Supply, Inc. U.S Postal Service United Parcel Service United States Postal Service United Way Verizon Callfomla VWR Scientific Products Corporation Waxle Sanitary Supply Xerox Corp· OMNI Court Order George R. Crawford Tod H. Jacobson First Metro Appraisals Moyneur, James F. & CompUSA RMS Engineering & Design, Inc. State Board of Equallzallon State Board of Equalization Air Products & Chemicals Piers Clark -Alkins Water Aurora Industrial Machining ADS Environmental Services, Inc. Basic Chemlcal Solutions, L.L.C. Black & Veatch Corporation Business Objects Americas camp Dresser & McKee, Inc. carono Engineers Communications Performance Group, Inc. Amount 2,804.14 284.87 3,437.88 7,293.00 2,439.20 285.10 1,199.39 589.73 40.00 298.00 1,584.00 928.79 2,840.00 8,777.50 4,529.02 1,287.32 807.90 721.50 3.20 283.98 210.59 1,015.03 870.00 140.83 5,000.00 1,079.00 220.00 255.00 2,981.48 943.32 272.50 72.00 597.50 851.05 1,012.84 4,750.00 3,000.00 500.00 500.00 350.00 28,294.08 28,340.00 37,470.00 98,942.88 40,918.18 512.279.59 28,535.80 129,420.71 519,900.81 25,283.44 H:\dllpl\fin\EXCEL.dta\220\APSHARE\Ctalms Paid Repalfl03-CJ«:lalma Paid Report • 063004 xta ftnl21011c Description Executive Dlsablllfy Plan Premium Safefy Locks Repair & Maintenance Services -Rotary Gas Meter Exhaust Manifold Flange Remanufacture & Mechanlcal Supplies U.S. Savings Bonds Payroll Deductions Freight Charges Plumbing Parts & Supplies Dues Deducllon Wage Garnishment Wage Gamlshment Dues Deduction Plumbing Parts & Supplies Software Upgrades Construction -Manhole Rehabllltatlon Program Pump Supplies Mechan!cal Parts & Supplies Mechanlcal Parts & Supplies Wage Garnishment Power Stationery & Office Supplies Metal Telephone Services Lab Instrument Maintenance Mechanlcal Supplies Postage Parcel Services P.O. Box Fees Employee Contributions Telephone Services Lab Parts & Supplies Janitorial Supplles Fax Machine Maintenance Contract Wage Garnishment Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Sewer Pipeline Easement Appraisals Employee Computer Loan Program Plan Check Fee Annexation Fee Annexation Fee 0 & M Agreement Oxy Gen Sys MO 8-8-89 Professional Services-Anaerobic Baffled Reactors Test at Plant 2 Compressor After.COOiers Professional Servlces-J-73-2 Sodium Blsulflte & Sodium Hydroxide Engineering Services P1-102. P1-78 & 5·58 Software Maintenance & Support Engineering Service J-71-8 Prof. Servs. P2-88, Mlcroflltratlon Demonstration Project & Coard. Comm'I. Enterprise Study Prof. Servs. -Safety & Health Prog. Audit & Hazardous Energy Control Procedures Page7of14 EXHIBITS 71212004 Clalms Paid From 08118104 to 08130104 Warrant No. 83042 83043 83044 83045 83048 83047 83048 83049 83050 83051 83052 83053 83054 83055 83058 83057 83058 83059 63080 83081 83082 83083 83084 83085 63088 63067 83088 63089 63070 83071 83072 83073 63074 83075 63078 63077 83078 63079 63080 83081 83082 83083 83084 83085 83088 83087 63088 63089 63090 83091 Vendor Coral Energy Resources, l.P. Delta Tech Service Inc. Envlronmenlal Science Associate (ESA) HOR Engineering, Inc. Johnson Ukroplna Kemlron Pacific, Inc. ~bware, Inc. Lee & Ro, Inc. Munlclpal Water Dist. of Orange County Pioneer Americas, Inc. Polydyne, Inc. Southern Csllf Coastal Water Research Sun Engineering Services, Inc. Systlme Computer Corp. Techno Coatings Tetra Tech, Inc. Tula Ranch/Magan Fanns U.S. Metro Group, Inc. U.S. Peroxide, L.l.C. UC Regents Akraa Construction ARB. Inc. Cora Constructors J F Shea Construction, Inc J R Fllanc Construclfon LH Engineering Co. Margate Construction, Inc. Morrow-Meadows Corp. Olsson Construcllon, Inc. Orange Community Bank S. S. Mechanical Corp. Southern Contracting Company Torrey Pines Bank Union Bank of Csllfomia Csr11n & Ceccla Frankie J. Woodside A Bledennan, Inc. A Tlnt of Glass Abaflx Environmental Corp. Able Scale Repair Abrasive Engineering Tool & Equipment Advance Business Graphics Agilent Technologles, Inc. Air Liquide Amerfca Corp. Airgas -West Airgas Safely, Inc. Alhambra Foundry Co., Ltd. AllMed, Inc. All Amerfcan Asphalt Amerfcan Chemical Society Amount 115,844.07 37,007.98 70,505.58 180,480.42 43,000.00 168,888.28 25,400.00 142,188.87 58,073.94 192,248.80 118,579.01 328,000.00 28,410.00 33,482.00 44,150.00 81.753.12 234,008.09 26,235.00 142.575.34 30,000.00 52,992.00 508,430.18 40,814.60 1, 191,398.71 757,973.10 94,940.05 1,210,480.00 221,272.00 323,140.59 82,202.40 30,514.80 88,519.00 84,219.90 120,037.47 50,000.00 100,000.00 1,480.05 1,800.00 447.00 1,985.94 93.27 1,811.31 72.48 158.23 347.17 878.22 4,412.38 178.38 3,080.00 129.00 H~pftfln\EXCELdla\220\APSHARE\Clalml Paid Reportl03-04\Clalma Paid Report • 083004 xii flnl21Dnc Description Natural Gas Repair & Malnt. Services -Engine #2 Hot 011 Flushlng Professional Services J-40-5 & J-40-10 Professional ServlcesJ-40-10 & P1·82 Professlonal Services -Corporate Identity Program Ferric Chloride MO 9-27·85 ~b Equipment Malnt. Professional Services 5-49, 5-50, 5-52, P2-47-3 Water Use Effidency Program MO 9-22·99 Sodium Hypochlorite Cationic Polymer MO 3-11-92 Joint Powers Agreement Re Coastal Water Research Professional Servfces -Plant Lighting Study Professional Services -JD Edwards One-World XE Implementation & Support Painting Servfces -Fiberglass Ducting -North Scrubber Complex to Primary Clarifier J Professional Service -Ocean Monitoring Program Residuals Removal MO 3·29-85 Janitorial & Floor Maintenance at Plants 1 & 2 Odor & Corrosion Control Treatment for Coll. Sya.; Hydrogen Peroxide & Ferrous Chloride Contribution -Coaslal Water Research Construction -EOC Control Center & Central ~b Office Modifications Construction-Trunk Sewer Improvements 7-38, 7-39, & 7-41 & City of Tustin Various Construction 7-7-2 Construction J-71-3, J-35-1 & J-77 Construction P1-76 Construction 5-54 Construction P1-37 Construdion P2-47-3 Construction P2·82 Construction P2-82, Retention Construction J-40-8 Construction J-33· 1 Construction P1-78 Construction 7-41, Retention Claim Settlement Claim Settlement Instrument Supplies Window Tinting Hardwaia Loading Scales Quarterly Inspection and Repairs & Certification at Plant 2 Repair & Maintenance Materials Paper ~b Par1s & Supplies Specially Gases Lab Parts & Supplles Safety Supplies Manhofe Frames & Covers Computer Supplies Construction -Adjust Manhole Frames & Covers to Grade Membership Page8of 14 EXHIBITB 7/2/2004 Clalms Paid From 08/18/04 to 08/30/04 Warrant No. 83092 83093 83094 83095 83098 83097 83098 83099 83100 83101 83102 83103 83104 83105 83108 83107 83108 83109 83110 83111 83112 83113 83114 83115 83118 83117 83118 83119 83120 83121 83122 83123 83124 83126 83128 83127 83128 83129 83130 83131 83132 83133 83134 83135 83138 83137 83138 83139 83140 83141 Vendor Amount Amerfcan Red Cross American Seals West AmetekTCI Appleone Employment Service Archie Ivy, Inc. ABB Automation, Inc. Amerfcan Telephone & Telegraph Corp. AT&T Universal Btller Amerfcan Telephone & Telegraph Corp. AWSI Baker Tanks Bar Tech Telecom, Incorporated Barco Producls Company Battery Speclallles BloMerleux Vitek, Inc. Thomas M. Blanda Boot Bam Boyle Englneertng Corporation Brown & Csldwell Bush & Associates, Inc. Business Wire BMC: Business Machines Consultants. Inc. Callfomla Automatic Gate Callrol, Inc. capo Realty Advisors Canflock Fuel Systems, Inc. Charles P. Crowley Co. Clngular Interactive Clngular Wireless-Airtime Clngular Wireless Equipment Court Onfer Compressor Components Of Callfomla Computer Protection Technology, Inc. Computer Sciences Corp. Consolidated Elect. Distributors, Inc. Consumers Pipe & Supply Co. Cooper Cameron Corporation Cornerstone Systems, Inc. Corporate Express Cortech Engineering County Wholesale Electric Co. Crane Vejar Corp. Cullfgan of Orange County Cytec Industries, Inc. CAPIO: Calif. Aasoc. of Public Info. Offcla. CASA CEM Corporation CR&R, Inc. Callfomla Special Districts Association CSI Computational Systems H:ldepl\tln\EXCEL.d1a\220\APSHARBC!alrna Paid Reportl03-4M\Cla!ma Paid Report • 083004 xta tlnl21Qnc 40.00 39.43 173.71 9,889.08 4,979.00 350.00 839.38 8,084.87 131.14 600.00 9,323.38 2,112.13 1,081.20 320.02 2,551.58 107.00 102.35 23,828.27 5,483.32 2,520.00 100.00 18,750.41 782.19 498.98 3,600.00 13,832.48 2,887.55 5,388.43 307.81 228.34 150.00 8,549.30 5,995.49 4,261.81 805.04 507.80 688.90 14,528.88 4,275.18 1,008.21 9,887.10 919.40 40.00 185.48 176.00 376.00 801.94 2,205.00 170.CO 1,489.00 Description CPR Trafnfng & Mlscellaneous Supplies Mechanfcal Parts & Supplies Tools Temporary Employment Services Construction -Asphalt, Parking Stops & Stalls Instrument Calfbratlon Telephone Conference Servfces Telephone Service Telephone Service Department of Transportation Training Program Tank Rentals Telephone Equipment Parking Lot Stops BaHertes Lab Parts & Supplies Meeting/Training Expense Reimbursement Reimbursable Safely Shoes Engr. SVIS. 1-2-4 & Sewer Master Plan Updates Professional Services -Needs Assessment Study & O&M SOP Manual Professional Servfces 8-13-1 & 7-23-1 Membership Printer. Stapling Stacker and Maintenance Agreement Automatic Gale Maintenance -Both Plants Mechanfcal Parts & Supplies Property Appraisal -New Slfe for Bitter Paint Pump Station Fuelfng District Vehicles at Local Gas Stations Pump Supplies Interactive Messaging Cellular Services Equipment & Tax on Free Phones Wage Gamlshment Compressor Con Cleaning, Testing & Repairs Computer Malnt. Agreement Consulting & Lab Services-Assay Pflot Project Electrical Supplies Plumbing Supplies Engine Supplies Software Maintenance Oftlce Supplies Pump Supplies Electrfcal Parts & Supplies Overhead Crane Repalm Malnt. Agreement -Cen Gen Water Softener System Repair & Maintenance Service -Polymer Tote Bins Publfcatlon Communications Meeting Registration Repair & Maintenance Servfce Container Rentals Administrative Services Meeting Registration Process Engineering Training Registration Page9cf 14 EXHIBITB 7/2/2004 Clalms Paid From 08/18104 to 08/30/04 Warrant No. 83142 83143 83144 83145 63148 83147 83148 83149 83150 83151 83152 83153 83154 83155 83158 83157 83158 83159 83160 83181 83182 63183 83184 83185 83188 83187 83188 83189 83170 83171 83172 83173 83174 83175 83178 931n 83178 83179 83180 83181 83182 83183 83184 83185 83188 83187 83188 83189 83190 83191 Vendor Amount CWEA CWEA Membership Dapper Tire Co. David's Tree Service Dell Direct Sales, LP. Steven R. DeW!lde DlglPhoto Dunn-Edwards Corporation Airborne Express DTSC (Dept. of Toxic Substances Control) E. Sam Jones Distributors, Inc. Eastech Badger Ecology Control Industries Ecology Tire, Inc. Edinger Medical Group, Inc. Embarcadero Technologies, Inc. Employers Group Enchanter, Inc. Entech Instruments, Inc. Environments! Resource Association Excel Door& Gate Company, Inc. ENS Resources, Inc. ETI Systems FedEx Corporation First American Real Estate Solutions Fisher Scfentlflc Company, L.L.C. Flat & Vertical, Inc. Flo -Systems. Inc. Fluor Enterprises, Inc. Foodcraft Coffee & Refreshment Services Fountain Valley Palnls, Inc. Fountain Valley Rancho Hand Wash Franklin Covey Frederick Pump & Engineering Fry's Electronlcs FLW, Inc. G. E. Supply Garratt-CSl!ahan Company Gates Fiberglass Installers Gauge Repair Service George Yardley Co. Gerhardt's, Inc. Getfnge Castle Goldenwest Fence Company Grainger, Inc. Graybar Electric Company Great Western Sanitary Supplies Haaker Equipment Company Hach c/o Ponton Industries Hagemeyer North America H:\dept\ftn\EXCEL.dta\220\APSHARE\Clalme Paid Reportl03-04lCla!ma Paid Repclt -083004 xla t1n121onc 150.00 97.00 570.54 3,500.00 3,915.98 150.00 7.55 448.88 157.37 559.50 204.73 2,085.80 7,891.80 494.00 815.00 4,544.53 5,025.00 2,820.00 1,437.15 1,193.80 1,598.00 15,103.01 2,300.00 187.74 899.50 19,932.47 230.00 20,170.78 11,347.28 484.70 152.95 770.30 287.55 14.28 680.88 1,255.82 107.87 70.00 3,389.75 225.00 1,448.18 7,840.75 1,880.38 2,851.00 3,738.78 110.07 122.68 323.38 800.22 2,821.84 Description Notices & Ads Membership -C811f. Water Environment Assoc. Truck Tires Tree Malnt. Service (2) Dell Projectors Meeting/Training Expense Reimbursement Photographic Services Paint Supplies Freight Services Permit Fee -Waste Disposal Electrical Parts & Supplies Transmitter Hazardous Waste Disposal Waste Management -Tires Medical Screenings Software Maintenance Agreement Professional Services -Succession Planning/Model Development Ocean Monitoring & Outfall Inspection & Maintenance Lab Parts & Supplies Lab Supplies Maintenance & Repair Servfces Professional Services -Legislative Advocate On-SHe Transformer Testing Freight Services Orange County Property Information -On-Line Subscription Lab Parts & Supplies Construction -Core Drilllng/Llght Pole lnstallatlon Pump Supplies Engineering Servfces J-84 Meeting Supplies Paint Supplles Truck Wash Tickets or Gasoline Office Supplies Mechanical Parts & Supplies Computer Supplies Instrument Parts & Supplies Electrical Pat1s & Supplles Chemfcals Fiberglass Repair Instrument Repairs & Calibration Services Mechanical Parts & Supplies Engine Supplies Lab Parts & Supplles Chain Link Fencing Repairs Electrical & Pump Pans & Supplies Mechanlcal & Electrical Parts & Supplles Janitorial Supplies Misc. Vehicle, Parts, Repalns & Service Lab Parts & Supplies Prescription Safety Glasses Page 10of14 EXHIBITS 71212004 Claims Paid From 08118104 to 08/30/04 Warrant No. 83192 83193 83194 83195 83198 83197 83198 83199 83200 83201 83202 83203 83204 83205 83208 83207 83208 83209 83210 83211 83212 83213 83214 83215 63218 83217 83218 83219 83220 83221 83222 83223 83224 83225 83228 83227 83228 83229 83230 83231 83232 83233 83234 83235 83238 83237 83238 63239 83240 63241 Vendor Hamlet USA, Inc. Harold Primrose Ice Harrington Ind. Plastics Harrington Industrial Plastics, Inc. Health Science Aasociates Hello Direct, Inc. Herman Miiier Workplace Resource Hill Brolt18m Home Depot Hub Auto Supply City of Huntington Beach I. D. lndustrtes, Inc. ldexx Industrial Distribution Group lnnerline Engineering lntemtate Batteries of car Coast Iron Mountain Iron Mountain Off-Site Data Protection Irvine Technology Corporation IDM Controls, Inc. J & B Auto Parts Jamison Engineering Contractors. Inc. Jay's catering Jensen Instrument Co. Johnstone Supply Patricia l. Jank Kelly Paper Kforce, Inc. Koffler Electrical Mechanical Krohne, Inc. L & N Uniform Supply Co. lab Safety Supply, Inc. lab Support laMotte Company Liebert Csssldy Whitmore Lorman Education services Luccl's Gourmet Foods, Inc. LINJER M. J. Schiff & Associates, Inc. Management Concepts, Inc. Management Technologies Mandie Motors MarVac Efeclronlcs McMaster-Csrr Supply Co. Mac Analytical System Medlin Controls Co. Mission Uniform service Morgan Company Moss, Levy & Hartzheim MAG-TROL, Inc. Amount 734.84 55.50 189.15 1,303.88 4,528.40 210.09 1,408.14 22,820.14 348.38 408.57 17,233.83 33.60 21.55 4,088.12 8,785.24 201.33 75.94 238.25 21,982.00 1,707.98 137.48 2,100.00 2,838.13 479.01 232.82 113.88 815.05 15,144.93 1,881.98 18,097.58 378.93 750.35 1,494.00 258.85 32.00 349.00 105.45 5,088.58 9,100.85 1,340.00 450.00 58.00 17.58 252.42 24,820.00 2.829.88 2,035.85 11.178.83 8,820.00 33.84 H:\depl\fln\EXCEL dta\220\APSHARE\Claima Paid ReporNJ3-t14\Clalma Paid Report -083004 XII fln1210Jlc Description Plumbing Parts & Supplles Ice For Samples Valves Mechanical Parts & Supplies Professional Services -Asbestos Study Telephone Headsets Office Fumlture Chemicals -Odor & Corrosion Control -Newpori Trunkllne Misc. Repair & Maintenance Material Vehicle Parts & Supplies Water Use Mechanical Parts & Supplies lab Supplles Mechanical, Tools, & Paint Supplles CClV Videoing of Trunkllne Sewers Batteries for Vehlcles & carts Bid Document Storage Fee P1-37 Offslte Back-Up Tape Storage for NT Server Temporary Employment services Instrument Paris & Supplies Auto Parts & Supplies Repair & Maintenance Services -Potholing Meeting Expenses Instrument Parts & Supplles Water Heater & Parts Meeting/Training Expense Reimbursement Paper Temporary Employment services Motor Signal Converter & Csllbratlon for Mag Meters OCSD Caps, Jackets & Shirts for Source Control Pemonnel lab Parts & Supplies Temporary Employment services lab Paris & Supplies Professional service9 -HR Polley Review Construction Management Training Registration Meeting Expense Professional service -DART MO 9-22-99 Professional Services -Soll Sample Drflllng Air Quality & Special Projects Training Reglstmllon Professional services -Project Management Process Towing Services Electrical Parts & Supplies Mechanical Parts & Supplles Toxicity Analysis Instrument Supplies Unlfonn Rentals Hydraulic Crane, Equipment & Parts Professional services -Internal Auditing services Electrical Supplles Page 11af14 EXHIBITB 71212004 Clalrns Paid From 08/18/04 to 08/30104 Warrant No. 83242 83243 83244 83245 83248 83247 83248 83249 83250 83251 83252 83253 83254 83255 83258 83257 83258 83259 83280 63261 63262 63283 83284 83285 63268 83287 83288 83269 83270 83271 83272 83273 83274 83275 83278 83277 83278 83279 83280 83281 83282 63283 83284 83285 63288 83287 83288 63289 83290 83291 Vendor Amount MOS Consulting MJK Construction Nancy Eltele The Natlonal Purchasing Institute National Technology Transfer, Inc. Neal Supply Co. Network Appliance, Inc. NelVen1Snt of Southern Callfomla City of Newport Beach Nlkac. Marico The Norco Companies NRG Thennal Services, L.L.C. Cynthia A. O'Neil Office Depot Business Services Div. Omega lndustrtal Supply, Inc. OneSourm Distributors, Inc. Orange Courier Oxygen Service Company OCB Reprographlcs 01 Analytfcal P.L. Hawn Company, Inc. Pacific Bell Internet Services Pacific Mechanlcal Supply Pacific Parts & Controls Padgett -Thompson Pageantry Wortd, Inc. Parker Supply Company Parsons, Inc. Parts UnllmHed Pazzulla Plastics, Inc. PenValve Plasti-Fab, Inc. Port Supply Praxair Distribution, Inc. Primary Source Office Fumlshlngs, Inc. Proplpe PCG Industries R. S. Means Company, Inc. Lawrance Ragan Communications, Inc Rainbow Disposal Co. Kurt M. Rathert Reliance Electric Industrial Co. Rellastar Bankers Security life Ins. R Company, ltd. RPM Electric Motors Saybolt, l.P. Schwing America, Inc. Seal's Compressed Gases Shamrock Supply Co., Inc. Shureluck Sales & Engineering H:ldepl\fln\EXCEL.dta\220\APSHARE\Clalma Paid ReporNJ3-041Clalma Paid Report -063004 xta flnl210llc 43.10 14,147.54 307.60 300.00 949.95 313.02 19,448.00 8,891.98 130.42 1,318.23 178.88 1,831.18 200.15 1,070.43 1,085.55 3,201.47 47.50 902.35 5,771.57 543.07 1,077.85 324.07 596.28 932.19 389.00 199.45 1,810.61 17,295.99 833.08 1,808.00 168.00 1.301.99 182.50 117.00 5,552.71 8,197.03 2,150.00 20.00 139.00 2,732.58 170.00 233.88 9,818.84 3,500.00 1,382.00 720.00 854.38 237.05 2,542.27 424.80 DescrlptfOn Prof. Services -Surveying Various Capital Projects Underground Storage Tank Removal On-Site Rellabllfty Centered Maintenance (RCM) Training Appllcatlon Fee -2004 Achievement of Excellence In Procurement Award Process Engineering Training Registration Plumblng Supplles Network Support & Maintenance Security System Maintenance Water Use User Fee Refund Regarding Septic Tanks Mafl Delivery Service Engine Parts & Supplies Meeting/Training Expense Reimbursement Office Supplies Janitorial Supplies Electrical Parts & Supp!les Courier Servfces Specialty Gases Printing Service -MO 1/28/00 lab Supplies Electrical Parts & Supplies Internet Service Plumbing Supplies Repair & Maintenance Materials Environmental Compliance & Monitoring Meeting Registration American Flags Mechanical Seals, Cleaners & DegR!SSers Engineering Services J-42 Truck Supplies Installation of Laminated Counter Tops at Control Ctr. Kitchen/Lunchroom & Bldg. 5 Restroom Plumbing Parts & Supplies Mechanical Parts & Supplies Antl-foullng Palnt/Thlnner/Dewaxers & Hardware Demunage Office Fumlture CCTV Sewerllne Inspection Repair & Maintenance Services -Shaff Refurbishment Publlcatlon Subscription Trash Removal Meeting/Training Expense Reimbursement Electrical Supplies Employee life Ins. Premium, Short-Tenn Disability & Cancer Ins. Payroll Deductions Prof. Serva. -Barcode Program for Custom Label Development Motor Repalra Lab Analyses Pump Supplies Specialty Gases for Medical Team Concrete & Maintenance Materials Plumbfng Parts & Supplles Page 12of14 EXHIBITB 7/2/2004 Clalms Paid From 08118104 to 08/30104 Warrant No. 83292 83293 83294 83295 63298 63297 63298 63299 83300 63301 63302 83303 83304 63305 83306 83307 83308 83309 63310 63311 63312 63313 83314 83315 63318 63317 83318 83319 83320 83321 83322 83323 83324 83325 83328 83327 83328 83329 83330 63331 83332 83333 83334 83335 63338 83337 83338 83339 83340 83341 Vendor Amount Skalar, Inc. Smith Pipe & Supply, Inc. Smith-Emery Company Snap-On Tools Source Graphics South Coast Systems, Inc. Southem Counties Lubrfcants Southwest Air Balance Corp. Sparkletts Stanley Steamer lntemalfonal, Inc. Stryper Technologies Summit Steel Sunset Ford Sunset Industrial Parts SAWPA SBC SBC DataComm SPX Valves & Control Teletrac. Inc. Termlnlx lntematlonal Co. The Walking Man. Inc. Thenno Electron Corp. Thermo LabSystems, Inc. Thomas V. Ger11nger Thompson Industrial Supply, Inc. Time Wsmer Communication Tony's Lock & Safe Service & Sales Townsend Public Affairs Transcat Tropical Plaza Nursery, Inc. Truck & Auto Supply, Inc. Two Wheels One Planet Teksystems TMV Systems Engineering, Inc. U-Llne Ultra Scientific The Unisource Corporation Urban Altematlves US Equipment Co., Inc. US Metering & Technology The Vantage Group, L.L.C. Vapex, Inc. Varian, Inc. Verizon Callfomla Verne's Plumblng Vossler & Company VWR Scientific Products The Wackenhut Corporation Water 3 Engineering, Inc. WateReuse Association H:\depl\tln\EXCEL dla\2211\APSHARE\Clalma Paid Repcrt\03-04\Cla!m1 Paid Report· 063004 >els lln/210/1c 1,813.88 1,034.89 10,023.11 3,982.73 1,038.38 1,630.00 2,878.87 390.00 1,722.01 557.80 785.53 230.58 313.10 3,465.70 15,000.00 18.32 18,881.10 21,404.14 245.00 3,185.00 2,025.00 419.03 11,700.00 2,900.00 12,000.44 40.47 5.42 5,000.00 2,788.95 10,871.91 118.28 749.94 13,475.00 4,887.60 806.41 1,040.98 7,207.92 5,800.00 287.19 189.47 11.198.00 2,219.24 1,142.29 555.51 4,987.00 508.41 7,988.80 11.430.38 10,319.31 5,250.00 Description Lab Supplies Plumbing Supplies Solis, Concrete & Other Materials Testing Tools Service Agreement for OCE Copier & Supplies Digester Temperature Control Service Engine Oii Professional Services -Airflow Testing Drinking water/Cooler Rentals Csrpet Cleaning Services Computer Softwal8/Hardware -VAX Mouse Metal Auto Parts & Service Mechanlcal Supplies Contribution -Santa Ana River Sucker Conservation & Recovery Fund Telephone Services Computer Soffware/Hardware -Cisco SWltch Valves Monthly Air-Time Service Fee and Software/Hardware Malnl. for Vehicle Tracking Sys. Pest Control Publlc Notice Door Hangers -Bushard Trunk Sewer, Walson & Tustin Projects Batteries Software Maintenance Contract -Atlas 4 Channel Chromatography Lab Analyses Mechanical Supplies Csb!e Services Locks& Keys Leglalatlve & Executive Advocate for Grant Funding Instrument Parts & Supplies Contract Groundskeeplng MO 5-11-94 Automotive Supplies Blcycles, Parts & Supplles Temporary Employment Services Software Maintenance & Support Repair & Maintenance Supplies Lab Supplies Office Supplles Professional Services -Community Outreach Re Ellis Ave. Pump Station Mechanical Parts & Supplies Meter Temporary Employment Service Instrument Parts & Supplies Lab Parts & Supplies Telephone Services Servfoe Contract -Testing & Cert. Backflaw Devk:es al Pits. 1 & 2 & Pump Sta. Mechanical Supplies Lab Supplies Security Guards Engineering Services J-87 Membership Page 13of 14 EXHIBITS 71212004 Clalma Paid From 08/18104 to 08/30/04 Warrant No. 83342 83343 83344 83345 83348 83347 83348 83349 83350 83351 83352 83353 83354 83355 83358 83357 83358 83359 83380 83381 83382 83383 83384 83385 83388 83387 Vendor Waxle Sanitary Supply Western State Controls Wiison Supply, Inc. WEF -Registration Dept. WEF WEF Publications Xerox Corporation Adams/Ma!!ory Construction Co., Inc. Cellfomla Bank & Trusl cathartne M. Bfe!e James E. Colston Steven R. DeWl!de Anissa C. Morgenstern Lydia Nunez Fred J. O'Brien Robert J. Taylor Sonja A. Wassgren Simon L. Watson Unm!nce A Wigington Walter W. W!lllams Morris C. Ying Paula A Zeller Cerdona, Dan!el R. & Fry's Electronics Local Agency Formation Commission Local Agency Formation Commission Orange County Sanltallon Olstrfd Total Accounts Payable -Warrants Payroll Dltbumarnenta 34168-34289 Employee Paychecks 99282 -99788 Direct Deposit Statements Total Payroll Dlsburaements Wlm Tmnsfer Payments OCSD Payroll Taxes & Contributions Total Wire Transfer Payments Total Clalms Paid 08/18/04 -08/30/04 Amount 72.69 785.48 11,852.50 475.00 318.00 78.75 9,327.04 15,332.80 7,391.00 170.00 1,015.98 107.40 1, 132.81 130.00 501.90 2,474.84 417.10 102.00 130.00 41.00 822.95 335.79 3,000.00 1,150.00 2,350.00 814.71 $ 15,380,333.07 $ 221,117.25 1,038,478. 73 $ 1,259,585.98 s 738, 155.08 s 739, 155.08 s 17,379,084.13 H:\dept\fln\EXCEL.dta\220\APSHARE\Cla!ml Paid ReparNl3-04\Clalma Paid Report • 063004 xta l'ln121onc Description Janitorial Supplies Electrical Parts & Supplies Valves Construction Management Training Reglatratlon Membership -Water Environment Federation Publication Fax & Copier Leases Construction P2-79·1 Construction J-33-1A, Retention Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Employee Computer Loan Program Annexation Fees Annexation Fees Petty Cssh Relmb. Biweekly Payroll 08/23104, Adjustments & EMT Retro Checks Biweekly Payroll 08/23104 Biweekly Payroll 08/23/04 Page 14cf 14 EXHIBITS 71212004 • II':: BOARD OF DIRECTORS AGENDA REPORT Orange County Sanitation District FROM: Gary Streed , Director of Finance/Treasurer Originator: Lenora Crane , Executive Assistant Meeting Date Item Number To Bd. of Dir. 08/25/04 Item Number 8 SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION DISTRICT GENERAL MANAGER'S RECOMMENDATION Ratify Payment of Claims of the District by Roll Call Vote . CONFLICT OF INTEREST NOTIFICATION Pursuant to Government Code Section 84308 , you are required to d isclose any campa ign contribution greater than $250 received in the past twelve months from any party to a contract involving the Orange County San itation District. Further, you may not participate in the decis ion making process to award a contract to such party . For reference , you are directed to the Register of Warrants as to all current contractors /vendors with the District. In general , you must disclose the basis of the conflict by identifying the name of the firm or individual who was the contributor. For the specifics of Government Code Section 84308, please see your Director 's Handbook or call the office of General Counsel. SUMMARY See attached listing . PRIOR COMMITTEE/BOARD ACTIONS N/A ATTACHMENTS 1. Copies of Claims Pa id reports from 07/01/04 -07 /15/04 and 07 /16/04-07/31/04 C:\Documents and Settings\Ow-Yeang\Local Settings\Temporary Internet Files\OLK 7FD\ltem 8.Claims Paid.doc Revised : 06/04/03 £0/l>0/90 :paS!l\a~ t • Warrant No. Vendor Accounts Payable ·Warrants 83368 83389 83370 83371 83372 83373 83374 83375 83376 83377 63378 83379 83380 83381 83382 83383 83384 83385 83388 83387 83388 83389 83390 83391 83392 83393 83394 83395 83398 83397 83398 83369 83400 83401 83402 83403 83404 83405 83408 83407 83408 83409 83410 83411 83412 83413 83414 83415 83418 Callfomta Soll Products RMS Engineering & Design, Inc. Sancon Engineering, Inc. So.uthem Csllfomla Edison Synagro Technologies, Inc. SCAP Allied Packing & Rubber, Inc. American Fi!dellty Assurance Company Awards & Trophies Company American Telephone & Telegraph Corp. Boeing -Anaheim Bl Technologies Business Machines Consultants. Inc. Court Order Consolidated Elect. Distributors. Inc. Consumers Pipe & Supply Co. County of Orange Court Trustee Dell Marketing, LP. Department of Child Support Services Driver Alliant Insurance Service, Inc. Employee Beneflls Specialists, Inc. Court Order First American Real Estate Solutions Five Star Metals, Inc. Fry's Electronics City of Huntington Beach Industrial Hearing & Pulmonary Mgmt Internal Revenue Service Internal Revenue Service Intl. Union of Oper. Eng. AFL-CIO Local 501 Irvine Ranch Water District Kelly Paper McMaster-carr Supply Co. Mike Heinz & Associates Motion Industries, Inc. CA 55 National Bond & Trust National Filter Media Corporation Orange Fluid System Technologies, Inc. Orangewood Business Center Oxygen Service Company OCEA Court Order Court Order Peace Officers Council of CA PenValve Praxair Distribution, Inc. Shureluck Safes & Engineering Court Order H:\depl\ftn\210\CRANE\FAHR\FAHR2004\AUG1Clalms Paid Report -071504 xi• t1n121onc Clalms Paid From 07/01104 to 07115104 $ Amount 52,032.71 29,007.30 42,110.00 52,089.78 241,800.84 48,000.00 83.75 104.50 97.23 81.41 12,822.78 11,777.91 3,200.00 150.00 334.03 174.78 182.14 89.12 15,885.81 188.50 2,500.00 9,808.37 445.00 555.00 358.40 189.10 32.08 18,430.00 200.00 300.00 3,911.04 85.90 519.79 942.75 5,877.82 1,081.93 2,439.20 13,845.98 1,053.81 8,579.35 143.78 589.73 40.00 298.00 1,584.00 15.74 22.09 12.70 721.50 Description Residuals Removal MO 3·29-95 Professional Services -Inspection & Cleaning of Digester "A" Construction -Manhole Rehabilitation Program Power Residuals Removal MO 3-29-95 Membership Dues Mechanical Supplies Employee Cancer Insurance Plaques & Awards Telephone Service Reconciliation User Fee Refund Program Reconclllatlon User Fee Refund Program Malnlenance Agreement -HP eooo Copier/Scanner Wage Garnishment E!ectrical Parts & Supplles Plumbing Supplies Wage Gamlshment Wage Gamlshment (2) Laptops, (4) Computer Systems & (1) Server Wage Gamlshment Special Risk Travel-Accident Insurance Reimbursed Prepaid Employee Medical & Dependent Care Wage Garnishment Orange County Property Information Mechanical Parts & Supplies Computer Supplies Waler Use Employee Medical Survefllance Services Wage Garnishment Wage Garnishment Dues Deduction Water Use Paper Padlocks, Shelving & Mechanical Supplies 50th Anniversary Video Electric Motor U.S. Savings Bonds Payroll Deductions Fiiter Press Belts Valves Reconcillation User Fee Refund Program Specialty Gases Dues Deduction Wage Garnishment Wage Garnishment Dues Deduction Plumbing Paris & Supplies Demurrage Mechanical Paris & Supplies Wage Garnishment Page 1 of7 EXHIBIT A 112112004 Warrant No. 83417 83418 83419 83420 63421 63422 83423 63424 83425 83428 63427 83428 83429 63430 83431 83432 83433 83434 63435 83438 83437 83438 83439 83440 83441 83442 83443 63444 83445 83446 83447 83448 83449 83450 83451 83452 83453 83454 63455 83458 83457 83459 83459 83480 83481 83482 83483 83484 83485 83488 Vendor Snell Infrared South Coast Air Quality Mgmt. Dist. Southern CSllfomla Water Summit Steel SARBS·CWEA Thompson lnc:fustrlal Supply, Inc. United Parcel Service United Way Verizon CSllfornla Court Order County of Orange County of Orange County of Orange Moyneur, James F. Orange County Flood Control District Governmental Accounting Standards Board Business Machines Consultants, Inc. Csrollo Engineers Delta Dental Driver Alliant Insurance Service, Inc. Environmental Engineering & Contracting IPMC c/o Parsons MWHAmerlcas, Inc. NRG Thermal Servlces, L.L.C. Orange County Water District Skalar, Inc. Southern CSllfornla Boiler, Inc. Synagro Technologies, Inc. Tetra Tech, Inc. Tule Ranch/Magan Farms U.S. Peroxide, L.L.C. ARB, Inc. Steve P Rados, Inc. Union Bank of California Orange County Sanitation District Advanced Engine Technology Corporation Air Liquide America Corp. Alrco Fflter Service Airgas Safely, Inc. Alfa-Laval, Inc. Alhambra Foundry Co., Ltd. Allen Instruments & Supplies Analysts, Inc. Aquarium Doctor Aquatic Bloassay And Consulflng Labs. Inc. Arizona Instrument Ashbrook Corporation Augusta Engineering Awards & Trophies Company AKM Consulting Englnee111 H:\depl\fin\210\CRANE\FAHR\FAHR2004\AUG\Clalml Paid Repmt-071504lda ftn/210J!c Clalms Paid From 07/01/04 to 07/15/04 Amount 4,500.00 8,884.24 87.52 839.97 180.00 297.59 49.21 255.00 821.38 597.50 43.00 43.CO 43.00 3,000.00 5,000.00 120.00 25,584.87 422,918.50 54,949.83 1,157,798.83 51,339.72 975,743.00 78,377.83 297,075.00 708,879.54 39.831.29 40,200.00 288,917.71 58,919.85 231,880.58 151,798.45 242,143.58 825,481.13 91,720.00 25,239.39 1,258.19 2,582.88 208.88 972.21 4,812.88 805.97 5,314.23 808.27 105.44 17,800.00 1,283.75 14,848.90 4,900.00 89.78 5,328.14 Descrlptfon On-Site Electrical Specialty Training Permit Fee P1·B2 Water Use Metal 0 & M Collection Fac!lltles Maintenance Training Registration {Calif. Water Env. Assoc ) Mechanical Supplies Parcel Services Employee Contributions Telephone Servlces Wage Gamlshment Annexation Fee Annexation Fee Annexation Fee Employee Computer Loan Program Encroachment Permit J-77 Publication HP Stapling Stacker & HP 9000 MFP Copier/Scanner Professional Servlces P2-88 Dental Insurance Plan Excess Municipal Llablllty, Boiler & Machinery & All-Risk Property Fire Insurance Professional Services • Fats, Oil & Grease {FOG) Study Professional Services -Integrated Program Management Professional Services P2-74 Construction J-79 Joint GWRS Project J-38 Lab Parts & Supplies Repair & Maintenance Services • Plant 1, Engine No. 1 Res!duals Removal MO 3·29-95 Professional Services 11·22 & 7-37 Residuals Removal MO 3·29-95 Odor & Corrosion Control Treatment for Coll. Sys.; Hydrogen Peroxide & Ferrous Chloride Construction 11·22 Construction 1·2-4 Conslrucllon 1·2·4, Retention Worker's Comp. Relmb. Engine Parts Specialty Gases Mechanical Parts & Supplies Safety Supplies & Equipment Mechanical Parts & Supplies Manhole Frames & Cove111 Computer Software/HardWare Testing Kits Human Resources Aquarfum Service ToxlcHy Testing Instrument Repal111 & Calibration Services Mechanical Parts & Supplies Compressor Maintenance Training Plaques & Awards Professional Services 7-38. 7-39, 7 ·41 • Trunk Sewer Improvements Page2of7 EXHIBIT A 712712004 Warrant No. 83487 83488 83489 83470 83471 83472 83473 83474 83475 83478 83477 83478 83479 83480 83481 83482 83483 83484 83485 83488 83487 83488 83489 83490 83491 83492 83493 83494 83495 83498 83497 83498 83499 83500 83501 83502 83503 83504 83505 83508 83507 83508 83509 83510 63511 83512 83513 63514 83515 83518 Vendor ASTD American Society For Training & Dev. American Telephone & Telegraph Corp. AT&T Wireless Servfces AWSI Baker Tanks BloMerteux Vilek, Inc. Black & Veatch Corporation Brenntag Pacific, Inc. Brinderson Brown & Caldwell Bush & Associates, Inc. BC Wire Rope & Rigging Csltrol, Inc. cameron Welding Supply Charts, Inc. Clngular Wireless Columbia Analytical Services, Inc Compressor Components of CSllfomla Consolidated Elect. Distributors. Inc. Consolidated Plasllcs Company Cooper Cameron Corporation Comerstone Systems Corporate Express Corporate Image Maintenance, Inc. Cost Containment Solutions County of Orange -Auditor Controller County of Orange -Auditor Controller County of Orange -Auditor Controller County of Orange -Auditor Controller County of Orange -Auditor Controller County Wholesale Electric Co. CA Dept of Health Services CEM Corporation Dapper Tire Co. David's Tree Service Del Mar Analytical Delta Packaging Products, Inc. Dharma Consulting Diamond H Recognition Dunn-Edwards Corporation DGA Consultants, Inc. Ecology Control Industries Electra-Bond, Inc. Employee Benefits Speclallsts. Inc. Enchanter, Inc. Environmental Express Environmental Resource Aaaoclatlon Jeny F. Evangelista Excel Door & Gate Company, Inc. Fisher Scientific Company, l. l.C. H:\dept\fln\21CJICRANE\FAHR\FAHR2004\AUG\Clalma Paid Report -071504 lda ftnl210Jlc Clalms Paid From 07/01/04 to 07/11104 Amount 1,050.00 49.84 6,538.71 378.00 80.00 1,154.88 24,272.58 1,243.44 4,848.00 200.00 17,172.00 338.08 215.97 180.56 294.20 888.01 1,485.00 938.QO 495.88 72.07 1.548.44 8,859.91 9,115.38 180.00 1,752.09 70.00 101.00 88.00 88.00 88.00 373.22 3,119.00 418.00 357.42 2,350.00 2,052.00 149.84 18,100.00 123.28 838.03 2,160.00 8,381.93 247.83 689.60 2,700.00 190.00 348.29 150.QO 474.85 18,850.41 Description Human Resources Training Registration Telephone Service Wireless Phone Services Department of Transportation Training Program Tank Rentals Lab Supplles Engineering Services J-71-3 Janllorlal Supplies Professional Services P2-79 Notices & Ads Professional Service& 7-41 Mechanical Parts, Supplies & Service Valve Welding Supplies Charts Cellular Services Analyses of Wastewater, Industrial wastewater & Blosollds Compressor Repair & Malnt. Services Electrical Supplies Repair & Maintenance Materials Engine Supplies AnH-Virus Software Office Supplies Custodial Services Spec. No. 9899-09 Worker's Comp. Services Encroachment Permll 11-22 Encroachment Permit 11·22 Encroachment PermH 7-41 Encroachment Permit 7 -39 Encroachment Permit 7-38 Electrical Parts & Supplies Annual Fee -Environmental Laboratory Accredltatfon Program Lab Parts & Supplies Truck Tires Tree Malnt. Service Analysis of Blosollda and Wastewater Lab Supplies Professional Service& -Strategic Planning & EMT Development Employee Service Awards Paint Supplies Professional Services -CCTV Data Evaluation & Support Hazardous Waste Disposal Repair & Maintenance Services -Coating Mechanical Parts Reimbursed Prepaid Employee Medical & Dependent care Ocean Monitoring & Outfall Inspection & Maintenance Lab Supplies lab Supplies Meeting/Training Expense Reimbursement Door Repairs -Cen. Gen. Malnt.enance Bay Roll-Up Door lab Supplies Page3of7 EXHIBIT A 712712004 Warrant No. 63517 63518 63519 83520 83521 83522 83523 83524 83525 63528 83527 83528 63529 83530 83531 83532 83533 63534 83535 63538 83537 83538 83539 63540 83541 83542 83543 83544 83545 83548 83547 83548 83549 83550 83551 83552 83553 83554 83555 83558 83557 83558 83559 83580 83581 83582 83583 83584 83585 83586 Vendor Flat & Vertical, Inc. Flo-Systems, Inc. Fluor Enterprises, Inc. Fortis Benefits Insurance Company Fountain Valley Paints, Inc. Franklin Covey Full Spectrum Analytics Ganahl Lumber Company Gar1and Manufacturing Co. GanaH-CSllahan Company Golden Bell Products Goldenwest Window Service John G. Gonzalez Grainger, Inc. Graybar Electric Company Great Westem Sanitary Supplles Guy L. Warden & Sons GE General Eastem Instrument Hach c/o Ponton Industries Harold Primrose Ice Harrington Ind. Plastics Harrington Industrial Plastics, Inc. lngrld G. Helfebrand Hill Brothers History Auoclates, Inc. Home Depot Houston & Harrts PCS, Inc. Hub Auto Supply CGvL Engineers HI Standard Automotive Industrial Distribution Group lntratek Computer, Inc. Invensys Systems, Inc. Iron Mountain J & B Auto Parts J.G. Tucker and Son, Inc. Jay's Catering Johnson Envfronmental Services Johnstone Supply JWC Environmental K.P. Lindstrom, Inc. Kabob Express Kalmar Promotions Lawyers Title Company Llndell L. Marsh, Attorney al Law Luccl's Gourmet Foods, Inc. LAChemlcal LINJER Maintenance Products, rnc. MarVac E!ectronfca H:1depl\tln\210ICRANE\FAHR\FAHR2004WJG\Clalm9 Paid Report -071504 x!a flnl210llc Claims Paid From 07/01/04 to 07/15104 Amount 380.00 128.08 5,121.87 24,641.20 348.47 347.27 1,092.23 2,335.89 1,514.80 848.44 2,772.00 50.00 58.00 1,001.19 5,024.70 53.01 64.74 198.94 1,582.85 74.00 123.08 1,501.97 4,438.99 20,914.20 8,305.08 387.54 18,849.77 313.88 7,945.88 5,549.81 2,838.42 5,388.77 688.29 385.00 247.83 135.23 10,839.79 9,293.13 215.18 4,881.28 7,285.00 208.18 1,215.00 750.00 5,000.00 140.00 1,412.84 6,034.79 1,219.73 75.65 Description Concrete Cutting Pump Supplies Engineering Services J-84 Long-Term & Short-Term Dlsabl!lty Ins. Premium Paint Supplies Office Supplies Lab Instrument Repairs Lumber/Hardware Mechanical Parts & Supplies Chemicals Contractual Services -Insecticide Coaling of Manholes Window Cleaning Service -Spec. #990015 Meeting/Training Expense Reimbursement Electrical Parts & Supplies Software/Hardware Janltorfal Supplies Eledrfcal Parts & Supplfes Electrical Parts & Supplies Lab Parts & Supplies Ice For Samples Plumbing Parts & Supplies Plumbing Parta & Supplies Meeting/Training Expense Reimbursement Chemicals -Odor & Corrosion Control -Newport Trunkllne Professional Services -Study of Records, Photographfc Mat'ls. & Reports Misc. Repair & Maintenance Material Sewer11ne Cleaning -City of Tustin & Unincorporated Area Vehicle Parts & Supplies Professional Services P2-82 Automotive Parts & Supplfes Mechanical Parts & Supplies Computer Software/Hardware Instrument Supplfes Bid Document Stomge Fee P1-37 & Records Destruction Service Auto Parts & Supplfes Rope & Foul Weather Gear Meeting Expenses Belt Press Parts & Supplies Motor Muffin Monster Control Panel Environmental Consulting Services MO 12-9-90 Professional Services P1-101 Printing Title Sean:hes -OCSD Trunk Sewers Envlronmental Consulting Servfces -Santa Ana River Sucker Exemption Meeting Expense Sodium Blsulflte Professfonal Service -DART MO 9-22-99 Mechanical Supplies Electrical Parts & Supplfes Page4of7 EXHIBIT A 712712004 Warrant No. 83587 83588 63589 83570 83571 83572 83573 83574 83575 83578 83577 83578 83579 83580 83581 83582 83583 83584 83585 83588 83587 83588 83589 83590 83591 63592 83593 83594 83595 83598 83597 83598 63599 63800 83801 83802 63803 63804 83805 83808 83807 63808 83809 63810 63811 83812 63813 83814 63815 63818 Vendor Mayer, Brown, Rowe & Maw, L.L.P. McMahan Business Interiors McMaster-carr Supply Co. Medlin Controls Co. Megger Michael Asner Consultlng Midway Mfg & Machining Co. Mission Uniform Service Mitchell Instrument Co. MotorTech USA, Inc. MGD Technclogles, Inc. Mine Safety Appliances National Filter Media Corporation Natlonal Plant Services, Inc. Neal Supply Co. Nextel Communications Voided Check North American Crane Bureau, Inc. Northern Tool & Equipment Company, Inc. Nu--Wsy laser Engraving O C Tanner Recognition Company Office Depot Business Services Div. Omron IDM Controls, Inc. Orange Courter Orange Fluid System Techno!ogles, Inc. Oxygen Service Company OCB Reprographlcs P.L. Hawn Company, Inc. Pacific Blue Micro Pacific Mechanical Supply Pacific Parts & Controls Parker Hannifin Corporation Parker Supply Company Parkhouse Tire Co .• Inc. Partner& Consulting Services Pen Valve Penna Pure, Inc. Wiiiiam F. Pierce Port Supply Praxair, Inc. Pre-Paid Legal Services, Inc. Prcfif Techniques, Inc. Psomas PCS Express, Inc. PVF Sales, Inc. R.F. MacDonald Co. Rainbow Disposal Co. Ramco Speclalty Products Rellastar Retrofit Parts & Components, Inc. H:\depl\f!n\210\CRANE\FAHR\FAHR2004\AUG1Clalms Paid Report. 071504 lda tlnl210Ac Claims Paid From 07/01/04 to 07/15/04 Amount 5,000.00 14,442.13 893.16 3,038.35 324.87 4,577.05 8,400.00 1,042.71 551.00 2,587.50 4,500.00 302.87 514.19 10,795.00 28.83 1,482.57 10,770.00 2,024.92 450.37 1,016.24 1,585.34 844.10 10.87 1,128.60 2,380.09 10,114.29 160.98 2,581.00 793.91 225.01 400.54 5,838.51 712.98 15,000.00 274.20 290.48 41.00 57.31 198.99 418.80 1,500.00 15,948.00 122.00 68.84 494.44 248.54 147.98 9,941.55 2,508.82 Deecrf ptfon Profeaslonal Services -Strategic Planning & Advocacy Construction -Installation of (4) Workstations In Laboratory Building Mechanical Parts, Tools & Flags Instrument Supplies Relay Test Software Module Professlonal Services J-40-7 Repair & Maintenance Services -Recondition SWlng Piston Rod & Cylinder Uniform Rentals Safety Supplies & Equipment Mechanical Parts & Supplies Construdlon -lnalallatlon of Pressure Pipe at Rocky Pt.. Westside & Edinger Pump Sta. Instrument Parts & Supplies Fmlght Charges Vacuum Truck Services Plumbing Supplies Cellular Services On-Site Training -Overhead Crane Operator Refresher Generator Engine Steel Tags Employee Service Awards Program Office Supplies Instrument Parts & Supplies Courier Services Plumbing Parts & Supplles Specialty Gases Printing Service -MO 1/28/00 Eleclrfcal Supplies Cisco Software and Support Plumbing Supplies Eleclrlcal Supplies Mechanical Parts & Supplies Mechanical Parts & Supplies Tims FIS On-Site Support -One World XE Migration Project Plumbing Parts & Supplies Filter Meeting/Training Expense Relmbumement Antlfoullng Paint for Current Meter Moorings lab Parts & Supplies Employee Legal Service Insurance Premium Professional Services -0 & M Manager Coaching Professional SeNices SP-15 -Geographic Information Syslem Courier Service Plumbing Parts & Supplies Mechanical Parts & Supplies Trash Removal Chemlcals Basic Life & Managers' Addlt!onal Life & Accidental Death & Dismemberment Ins. Mechanical Parts & Supplies Page5of7 EXHIBIT A 7127/2004 Wam1nt No. 63617 63818 83819 63820 63821 63622 63623 63824 63625 83828 63627 83828 83829 83830 83831 83832 83833 83834 63635 83838 83837 83838 83839 63840 83841 63642 63643 83844 83845 63846 83847 83848 83849 63850 63851 83852 83853 63854 63655 83858 83857 83858 63859 83880 83861 63882 83883 63864 83885 83868 Vendor Rlmh Business System Ryan Herco Products Corp. RMS Engineering & Design, Inc. RPM Electric Motors Safety Center, Inc. Schwing America, Inc. Scott Specialty Gases. Inc. Secure Decka & Scaffolding, Inc. Shureluck Sales & Engineering Skyler Syphent Smardan Supply Company • Fountain Va!!ey Smith Pipe & Supply Smlth·Emery Company So. C81. Gas Company Southam Csllfomla Edison Southem Contracting Company Southam Counties Lubricants Southwest Air Balance Corp. Spectrum Video, Inc. St Croix Sensory, Inc. Stanley Steamer lntematlonal, Inc. State Boant of Equalization Stryper Technologies Summit Steel Sunset Industrial Parts Super Chem Corporation Super Power Products SPX Valves & Control Tasco Pacific Fire Prof.ectlon The Lewis Group Thermo Electron Sclenllflc Instruments Thermo Farma, Inc. Thompson Industrial Supply, Inc. Tony's Lock & Safe Service & Sales Toshiba lntematlonal Corporation Traffic Control Service, Inc. Transcal U.S. Composting Council The Unisource Corporation UCI University Club. Inc. US Plastic Corp Valeo Instruments Co., Inc. Valverde Construction, Inc. Vapex, Inc. Varian. Inc. Venzon Csllfamla Vision Service Plan·(CA) VWR Scientific Products Corporation The Wackenhut Corporation WacoFflter H:\depl\fln\21~RANE\FAHR\FAHR2004\AUG1Clalms Paid Report • 071504 Jcla tlnf210Jlc Clalme Paid From 07/01/04 to 07/15/04 Amount 1,823.90 38.92 10,810.00 1,816.90 1,200.00 8,817.34 1,713.49 50.00 1,547.91 1,826.00 48.24 73.00 738.75 18,594.59 9,576.45 398.22 2,943.79 1,477.25 10,250.00 471.00 842.00 36.84 12,158.97 3,812.18 4,878.95 1,344.84 775.80 1,050.37 750.00 3,825.00 293.77 2,882.30 4,410.89 300.20 303.04 1,392.87 793.42 500.00 774.84 1,098.89 134.58 505.50 16,210.05 4,303.60 3,904.30 612.00 9,457.58 8,071.32 9,345.71 3,645.04 Description Color Copier Lease Plumbing Supplies Engineering Services P1·91 Motor Repairs On-Site Defensive Drlvfng Training Pressure Valves & Mechanical Supplies Lab Parts & Supplies Safety Training • Hazard (Scaffold) Awareness Mechanical Parts & Supplies Software Consultant Mechanical Parts & Supplies Plumbing Supplfes Soils, Concrete & Other Materials Testing Natural Gas Power Construction • Installation of cart Charging Stations In Bldg. 5 Grease&on Professional Services • Air Flow Testing Professlanal Services J-84 Lab Parts & Supplies carpet Cleaning Services Underground Storage Tank Fee • Lube Oil (4) VAX Computer Stations Metal Mechanfcal Suppllea Chemicals Janitorial Supplies Mechanical Parts & Supplies Sprinkler System Repair & Maintenance Service Consulting Service • Cspltal Project Management Process Lab Parts & Supplies Lab Instrument Malnt. Contract Mechanical Supplies Locks&Keys Electrical Supplies Traffic Safely Supplies Instrument Parts & Supplies Membership Office Supplies Meeting Expenses • EMT Retreat Mechanical Parts & Supplies Lab Parts & Supplies Construction • Clly of Tustin Sink Hole Repairs Vapex lnstrumenla Maintenance Contract Instrument Repairs & Maintenance Contract Telephone Services Vision Service Premium Lab Parts & Supplies Security Guards Filters Page6of7 EXHIBIT A 712712004 Warrant No. 83887 83888 63889 83870 63871 83872 83873 83874 83875 83878 63877 83878 83879 83880 83881 83882 83883 83684 83885 63888 83887 83888 83889 83890 83891 83892 83893 83894 83895 83898 83697 83898 Vendor Wastewater Technology Trainers West-Lite Supply Company, Inc. Ken H. Wong WEF -Registration Dept. WEF Xerox Corp -OMNI Xerox Corporation Xpedex Paper & Graphics Yokogawa Corp. of America Y3K Graflx, Inc. Mike Prllch & Sons Blake Anderson Layne T. Baroid! Jennifer M Cabral Leandra P. Catacutan Peter Cheffs James R. Davidson Randy E. Harris Vladimir A. Kogan Lany E. Lazorek Theodore M. Mauter Fred J. O'Brien Cynthia A. O'Nell Jeffrey l. Peterson Jeffrey Y. Shublk Mahin Talebl Michael I. Zedek Aquarium of the Pacific Ardith F. Pence Bl Technologies Orange County Health Care Agency Wee Young Kim Total Accounts Payable -Warrants Payroll Disbursements 34270 -34377 Employee Paychecks 34378 -34378 Employee Paycheck 34379 -34398 Employee Paychecks 99787 -100317 Direct Deposit Statements Total Payroll Disbursements Wire Transfer Payments JP Morgan Chase Bank JP Morgan Chase Bank OCSD Payroll Taxes & Conlrfbutlons Total Wire Transfer Paymentll Total Clalms Paid 07/01/04 • 07/16/04 H:\depl\tln\210\CRANE\FAHR\FAHR2004\AUG\Clalma Paid Report • 071504 lda ftnl21Qllc Clalms Paid From 07/01/04 to 07/15104 Amount 24,970.00 308.28 46.00 280.00 309.00 98.83 8,118.18 85.29 5,231.42 2,750.00 24,888.88 291.44 378.85 211.22 58.00 131.00 46.00 752.77 1,524.12 51.00 319.43 802.89 127.81 46.00 1,050.11 1,483.59 150.00 203.75 903.38 11,777.91 209.00 1,318.21 $ 7,117,081.07 s 142,912.81 13,865.85 7,441.15 981,783.88 s 1, 145,803.69 $ 128,094.98 35,201.78 888,680.18 s 827,978.92 $ 9,090,841.88 Description On-Site Training -Grade II Operator Certification Review Efectrical Supplfes MeetlngfTralnlng Expense Relmbursemenl Air Quality & Special Projects Training Registration Membership -Water Environment Federation Fax Maintenance Contract Fax & Copier Leases & Maintenance Contracts Office Supplles Instrument Supplies-MR1000 Recorder Professional Services -Create & lnslall Graphics on Dlstrfct Tour Bus Construction 8-13-1 MeetlngfTmlnlng Expense Reimbursement Meeting/Training Expense Reimbursement MeellngfTralnlng Expense Reimbursement Meeting/Training Expense Reimbursement MeetlngfTralnlng Expense Reimbursement Meeting/Training Expense Reimbursement MeetlngfTraln!ng Expense Reimbursement Meeting/Training Expense Reimbursement MeetlngfTralnlng Expense Reimbursement Meetlng/Tralnlng Expense Reimbursement Meet!ngfTralnlng Expense Reimbursement MeetlngfTralnfng Expense Reimbursement Meeting/Training Expense Reimbursement MeellngfTralnlng Expense Reimbursement Meeting/Training Expense Reimbursement MeetlngfTralnlng Expense Reimbursement Reimbursable Employee AdMty Expense User Fee Refund Regarding Septic Tanks Reconclllatlon User Fee Refund Program Underground Storage Tank Fee User Fee Refund Regarding Septic Tanks Biweekly Payroll 07/07/04 Employee Retirement Managers' BOP Biweekly Payroll 07/07/04 Soc!ete Generale June Swap Payment on 1993 Certificates of Parflclpatlon June Interest Payment on 1993 Certlffcates of Participation Biweekly Payroll 07/07/04 Page7 of7 EXHIBIT A 712712004 .. Warrant No. Vendor Accounts Payable -Warrants 63899 63700 63701 63702 63703 63704 63705 63708 63707 83708 63709 83710 63711 63712 63713 63714 83715 63716 63717 83718 63719 63720 83721 63722 83723 83724 83725 83726 83727 63728 83729 63730 83731 83732 83733 83734 83735 83738 83737 83738 63739 63740 83741 83742 63743 83744 83745 83748 83747 American Express Blue Cross of Callfomla CPEIA Kaiser Foundation Health Plan Orange County Register Schwing America, Inc. State Board Of Equalization Airgas Safety, Inc. American Airlines Analysts, Inc. Lisa Amsteguy APTUS&C AT&T Wireless-TITAN Court Order Compressor Components or Callfomia County of Orange Court Trustee CASA Department of Child Support Services Doug Horwood Supply OHL Express (USA). Inc. Employee Benefits Specfallsts, Inc. Environmental Resource Association Court Order Fisher Scientific Company, L. L.C. Flo -Systems, Inc. Fry's Electronics Hamlet USA, Inc. lnduslrial Threaded Products, Inc. Information Resources Internal Revenue Service Internal Revenue Service Intl. Union of Oper. Eng. AFL-CIO Local 501 Irvine Ranch water District L & N Unlfonn Supply Co. Mac & Associates, An Industrial Dist. Co. Managed Health Network McMaster-Carr Supply Co. National Bond & Trust OneScurce Distributors, Inc. OCEA Court Order Court Order Peace Officers Council of CA PenValve Pressklts Print Management Group, Inc. Project Management Institute Public Resources Advisory Group H='depl\ftn\210ICRANE\FAHR\FAHR2004WJG\Ctalma Paid Report -073104 xi• tlnl210Ac Claims Paid From 07118/04 to 07131/04 $ Amount 31,109.54 348,244.52 208,384.00 58,581.71 28,485.60 79,089.93 47,764.00 5,930.35 4,908.00 321.35 40.14 182.00 73.41 150.QO 14,826.40 182.14 89.12 375.CO 188.50 181.24 44.57 9,637.98 1,576.79 445.QO 724.98 20,377.74 543.98 148.55 135.01 260.00 300.CO 200.00 3,911.04 38.38 359.21 3,869.88 941.22 1,401.38 2,439.20 89.20 598.98 40.00 296.00 1,684.00 489.38 3,947.26 880.98 154.00 7,500.00 Description Purchasing Card Program, Misc. Supplles & Services Medical Insurance Premium Excess Workers' COmpensatlon Insurance Medical Insurance Premium Reconclllatlon User Fee Refund Program Repair & Maintenance Services on Schwing Truck Loading Pumps & Parts 2003-04 Ssles & Use Tax Safety Supplies & Equipment Travel Services Transfonner Oil Testing Kits Meeting/Training Expense Reimbursement Membership Cell Phones and Accessories Wage Gamlshment Mechanfcal Parts & Supplies Wage Garnishment Wage Gamlshment General Management Administration Meeting Registration Wage Gamlshment Repair & Maintenance on Mall Room Time Clock Machine Freight Services Reimbursed Prepaid Employee Medical & Dependent Care Lab Parts & Supplies Wage Garnishment Lab Parts & Supplies Pump Supplies Computer Supplies Plumbing Parts & Supplies Mechanical Parts & Supplies Human Resources Service -Background Checks Wage Garnishment Wage Gamlshment Dues Deduction Water Use Polo Shirts with OCSD logo -Safety Comm. Submersible Sewage Pump & Valves EAP Insurance Premium Plumbing Parts & Supplies U.S. Savings Bonds Payroll Deductions Freight Dues Dedudlon Wage Garnishment Wage Gamlshment Dues Deduction Plumbing Parts & Supplles Printing Printing Services Membership Flnanclal Advisory Services Paoe1ota EXHIBITB 8/18J2004 Warrant No. 63748 63749 63750 83751 63752 83753 83754 83755 63756 63757 63758 63759 63760 63781 83762 83783 83764 83785 83788 83787 83788 83789 63770 63771 83772 63773 83774 63775 63776 83777 83778 83779 63780 83781 83782 63783 83784 83785 83788 83787 83788 63789 83790 83791 63792 63793 63794 83795 63798 63797 Vendor Shureluck Sales & Engineering James W. Sliva Smardan Supply Company -Fountain Valley Smith-Emery Company Court Order Snap-On Tools, Inc. So. Cal. Gas Company Soufh Coast Air Quality Mgmt. Dist. Soufhem Callfomla Edison Systfme Computer Corp. Thomas V. Gerllnger Thompson Industrial Supply, Inc. Times Community News Union Bank of Calltomla United Way US Airconditlonlng Dlstrfbut.ora, Inc. Verizon Callfomla Westbay Solutions Group WEF Court Order 3CMA Blake Anderson Lisa Amsteguy Carol T. Beekman Victoria L. Francis Michael D. Larkin Tamm E. McElroy Michael D. Moore Samuel L. Mowbray Jeffrey T. Reed Roya Sohanakl Robert J. Thiede County of Orange -Auditor Controller Kienow Associates, Inc. Orange County Health Cara Agency Orange County Sanitation District Environmental Resource Assoclation BasfcChemlcal Solutions, L.L.C. Black & Veatch Corporation Camp Dresser & McKee, Inc. Carollo Engineers CH2MHlll Graybar Electric Company Hill Brothers Irvine Technology Corporation Kemfron Paclf!c, Inc. Kforce, Inc. Lee & Ro, Inc. Malcolm Plm!e, Inc. Nlnyo & Moore Corporate Amounting H:\depl\fln\210\CRANE\FAHR\FAHR2004\AUG\C!alml Paid Reper! • 073104 Jd• tlnf210llc Clalms Paid From 07/18/04 to 07/31/04 Amount 3,449.09 827.85 159.85 15,027.50 721.50 3,854.03 4,188.20 250.00 4,590.49 9,916.00 500.00 332.27 218.75 573.80 245.00 797.97 3,084.55 2,000.00 238.00 597.50 350.00 189.13 1,148.88 325.00 237.18 237.18 51.00 154.00 720.46 1,047.10 275.00 403.27 1,200.00 10,042.08 938.00 1,522.41 888.53 49,875.46 94,905.83 94,858.35 382,001.52 159,344.24 29,737.02 51,880.88 33,508.00 151,253.99 27,344.29 25,009.42 380,988.88 40,078.09 Description Repairs & Maintenance Materials Meeting/Training Expense Relmburaement Plumbing Parts & Supplies Solis, Concrete & Other Materials Testing Wage Gam!shment Tools Natural Gas Training Reglstndlon Power Professional Services -JD Edwards One-Worfd XE Implementation & Support Lab Analyses Mechanical Supplies Notices & Ads Banking Services Employee Contributions Electrical Supplies Telephone Services Training Registration Membership -Water Environment Federation Wage Garnishment Membership Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meellng!Tralnlng Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meellng/Tralnlng Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Administrative Processing Fee for Supplemental Sewer Fee Adjustmenfs/Cancellatlons Legal Services 1-2-4 Permit Fee -Pit. 2 Underground Storage Tank Removals and Repairs Petty Cash Relmb. Lab Supplies Sodium Blsulfite & Sodium Hydroxide Engineering Services P1-78, P2-85 & 5-58 Engineering Service J-71-8 Professional Services P2-88 Engineering Services J-40-7 & Urban Run-Off Study Upgrade (3) Modlcon controllers Chemicals -Odor & Corrosion Control -Newport Trunkllne Temporary Employment Services Ferric Chloride MO 9-27-95 Temporary Employment Services Professional Services 5-49 & 5-50 Professlonal Services J-79 Professional Services -Materials Testing, Inspection & Geotechnfcal Engrg. Page2ot8 EXHIBITB 811812004 Warrant No. 83798 83799 83800 83801 83802 83803 83804 83805 83808 83807 63808 83809 83810 83811 83812 83813 83814 83815 83818 83817 83818 83819 83820 83821 83822 83823 83824 83825 83828 83827 83828 83829 63830 83831 83832 83833 83834 83835 83838 83837 83838 83839 83840 83841 83842 83843 83844 83845 83848 83847 Vendor Orange County water District Pioneer Americas, Inc. Polydyne, Inc. Southern Cs!lfomia Edison Tule Ranch/Magan Farms TEKsystems U.S. Metro Group, Inc. U.S. Peroxide, L.L.C. Woodruff, Spradlin & Smart Akraa Construction ARB, Inc. J F Shea Construcllon, Inc. J R Filanc Construction Margate Construction, Inc. Morrow-Meadows Corp Olsson Construction, Inc. Orange Community Bank Southern Contracting Company Torrey Pines Bank Union Bank of Csllfomla eSysTek Ace Ergonomics Advance Business Graphics Advance Business Graphics Agilent Technologies, Inc. Airgas -West Alfa-Laval, Inc. American Red Cross Analysts, Inc. Appleone Employment Service Arch Wireless Piers Clark -Atkins Water Awards & Trophies Company American Telephone & Telegraph Corp. AT&T Wireless Services AWSI Baker Tanks Batteiy Specialties Beckman Instruments, Inc. BloMerfeux Vitek, Inc. Brooks Instrument Dlvlalon Bush & Associates, Inc. BC Wire Rope & Rigging Cal Prolecllon Csllfomla Relocation Services, Inc. Caltrol, Inc. Cardiac Science, Inc. Cardlock Fuel Systems, Inc. Carl Warren & Co. Center for Creative Growth H:\dep1\fin\210'CRANE\FAHR\FAHR2004\AUG1Clalms Paid Report -073104 >da 11n121onc Claims Pafd From 07/18/04 to 07/31104 Amount 1,281,323.75 288,359.57 78,482.12 117,888.76 258,015.87 42,252.50 28,785.00 181,028.34 241,485.27 42,557.40 788,989.30 1,235,083.88 1, 739,835.00 1,003,987 .69 189,288.00 234,851.40 26,094.80 93,423.00 193,315.00 85,443.25 2,040.00 375.00 324.47 533.37 707.92 19.68 837.70 100.00 813.48 9,138.62 1,488.94 8,050.00 40.79 215.82 3,574.60 99.00 4,088.00 179.99 1,633.00 5,498.00 303.99 10,578.00 485.48 1,078.00 93.75 309.93 24,859.27 15,188.10 300.00 2,300.00 Description Joint GWRS Project J-38 Sodium Hypochlorfle cationic Polymer MO 3-11-92 Power Residuals Removal MO 3-29-95 Temporaiy Employment Services Janitorial & Floor Maintenance at Plants 1 & 2 Odor & Corrosion Control Treatment for Coll. Sys.; Hydrogen Peroxide & Ferrous Chloride Legal SelVlces MO 7-28-95 Construction -Modifications to EOC Control Center & Central Lab Office Construction 7-38, 7-39 & 7-41 Construction J-71-3, J-77 & J-35-2 Construction P1-78 Construclfon P1-37 & J-67 Construction P2-47-3 Construction P2-82 Construction P2-82, Retention Construction J-33-1A Construcllon P1-78, Retention Construction 7-41, Retention Software Program Consulting -SMS Implementation Professional Services -Ergonomic Workstation Evaluation Printing -Business CSrds Printing -OCSD Logo Envelopes Lab Parts & SUppllea Demurrage Electrical Parts & Supplies CPR Training & Miscellaneous Supplies Lab Analyses & Testing Kits Temporaiy Employment Services Pagenel Airtime, Service & Equipment Engineering Services -Anaerobic Baffled Reactor (ABR) Testing Plaques & Awards Telephone Service Wireless Phone Services Department of Transportation Training Program Tank Rentals Batteries Instrument Repairs & Maintenance Services Lab Instruments & Supplies Mechanlcal Parts & Supplies Surveying Services -Various Capital Projects Mechanlcal Paris & Suppl!es Service Agreement -Halon Fire System at Pit. 2 Control Center omce Flies Moving/Relocation Servlcea Electrical Parts & Supplies Safety Supplies Fueling District Vehicles at Local Gas Stations Insurance Claims Administrator Professional Services -o & M Management Coaching Page3of8 EXHIBITS 811812004 Warrant No. 83848 83849 83850 83851 83862 83853 83854 83865 83858 83867 83868 83859 83880 83881 83882 63883 83884 83885 83868 83887 83868 63889 63870 83871 83872 83873 83874 63875 63878 83877 83878 63879 83880 63881 63882 83883 63884 83885 83888 83887 83888 83889 83890 83891 83892 83893 83894 83895 83898 63897 Vendor Bruce A. Chapman City of Fountain Valley Cole-Panner Instrument Co. Columbia Analytical Services, Inc. Communications Supply Corp. Consolidated Elect. Distributors, Inc. Consume111 Pipe & Supply Co. Cooper cameron Corporation Come111tone Systems Corporate Express Cortech Engineering County of Orange • Auditor Controller County of Orange • Auditor Controller County of Orange • AudHor Controller County of Orange • Auditor Controller County Sanitation Dlsta of Los Angeles County Wholesale Electric Co. Crane Veyor Corp. Cul!fgan of Orange County CR&R, Inc. CWEA Membership Dapper Tire Co. Data Clean Corporation David's Tree Service Del Mar Analytical Dell Computer DlglPhoto Dlonex Corporation Disneyland Resort Dunn·Edwards Corporation DGA Consultants. Inc. Ecology Control Industries Edinger Medfcal Group, Inc. EleclAlr Electra·Bond, Inc. Eleclrlcal Rellabillly Services, Inc. Enchanter, Inc. The Energy Resource Institute Envlronmenlal Mlcroblology Consulting Environmental Systems Research Inst. Excel Door & Gate Company, Inc. Falcon Waterfree Technologies FedEx Corporation First American Real Estate Solutions Fisher Scientific Company, L.L.C. Flo • Systems, Inc. Fluid Components, Intl. Foodcmft Coffee & Refreshment Services Fountain Valley Paints, Inc. Fountain Valley Rancho Hand Wash H:\depl\fln\21~RANE\FAHR\FAHR2004\AUG\C1alms Paid Report • 073104 xi• flnl21Qllc Clalms Paid From 07/18104 to 07/31/04 Amount 75.00 24,895.90 87.48 870.00 147.42 922.77 199.36 1,547.04 8,948.00 3,308.98 2,595.47 70.00 210.00 2,240.00 1,050.00 1,445.00 98.51 3,137.37 40.00 830.00 97.00 938.77 525.00 2,100.00 2,088.00 18,937.85 228.72 489.62 209.00 192.83 9,592.50 3,320.43 1,040.00 364.58 797.35 3,184.38 8,300.00 12,000.00 3,060.00 1,225.43 1,259.00 575.00 412.29 277.50 17,289.93 13,884.18 883.80 358.52 186.94 659.35 l>Mcrlptlon Meeting/Training Expense Reimbursement Water Use Lab Parts & Supplies Analysis of Wastewater, Industrial Wastewater & Blosollds Electrical Parts & Supplies Electrical Supplies Plumbing Supplies Engine Supplies Software Maintenance • Client Server Messaging Suite Office Supplies Pump Supplies Encroachment Permit 7·22·1 Encroachment Permit 7 ·38 Encroachment Permit 7 ·39 Encroachment Permit 7·41 Olfactomeby Lab Expense Electrical Parts & Supplies Radio Control & Transmitter Installation Malnt. Agreement • Cen Gen Water Softener System Container Rentals Membership • Calif. Water Environment Assoc. Truck Tires Under Floor Cleaning • Control Center Computer Room Tree Malnt. Service Analysls of Blosollda and Wastewater (2) Servers and (2) Latitude Notebook Computers Photographic Services Lab Parts & Supplies Boat Naming Contest Employee Incentive Program Paint Supplies Professional Services • CCTV Data Evaluation & Support Hazardous wast.e Disposal Medlcal Scmenlngs Mechanical Parts & Supplies Repairs & Maintenance Services Electrical Acceptance Testing ·Various Capital Projects Ocean Monitoring & Outfall Inspection & Maintenance Mobile Pilot Scrubber Test Unit Envlronmenlal Mlcroblology Consulting Services Publlcatlons waste Hauler Gate Repafrs Installation of Waterless Urinal Freight Services Orange County Property Information Lab Parts & Supplies Pump Supplies Electrtcal Supplies Meeting Supplfes Paint Supplies Truck Wash Tickets or Gasoline Page4cf8 EXHIBITS 8/16/2004 .- Warrant No. 83898 83899 83900 83901 83902 83903 83904 83905 83908 83907 83908 83909 83910 83911 83912 83913 83914 83915 83918 83917 63918 83919 63920 83921 83922 83923 83924 83925 83928 63927 83928 83929 83930 83931 83932 83933 83934 83935 83938 83937 83938 83939 83940 63941 63942 83943 83944 83945 83948 83947 Vendor Franklin Covey Frasco Profiles Fry's Electronics City of Fullerton FTlnc. General Petroleum Gerhardt's, Inc. Getlnge Castle Goodway Technologies Corp. Govplace Grainger, Inc. Guarantee Records Management Haaker Equipment Company Hach do Ponton Industries Hagemeyer North America Halsted & Hoggan, Inc. Harold Primrose Ice Health Scfence Associates Hoerblger Service, Inc. Home Depot Hub Auto Supply HOR/CGvl Industrial Air Technology Industrial Distribution Group Industrial Metal Supply Inside EPA Instruments for Research & lndusby 12R Interstate Batteries of cal Coast J.G. Tucker and Son, Inc. Jamison Engineering contractors. Inc. Jay's catering Johnstone Supply J2 Printing Services Karcher Insulation, Inc. lab Safety Supply, Inc. Liebert Cassidy Liquid Handling Systems Lorman Education Services Lucci'a Gourmet Foods. Inc. LINJER Main Photo Service Mandie Motors MassMutual Michel Flnanclal Group Matrix Service Corp. Matthew Bender & Co., Inc. McMaster-Carr Supply Co. Medlin Controls Co. Mesa Laboratories, Inc. Mlchael Asner Consulting Mission Unlfonn Service H:"'8pl\ftn\21CftCRANE\FAHR\FAHR2004\AUG\Clalms Pa!d Report· 073104 Ida tW210Ac Claims Paid From 07118/04 to 07131/04 Amount 181.52 852.&0 325.08 251.15 725.78 5,502.58 252.30 1,880.92 83.00 12,892.95 5,119.85 188.83 1,285.45 3,700.90 2,524.89 140.24 111.00 4,031.10 599.70 501.54 352.17 4,715.75 4,882.00 3,155.32 802.07 320.00 37.08 825.43 5,537.05 19,138.49 2,170.38 1,010.28 258.80 3,095.00 2,779.83 570.00 2,204.42 319.00 58.25 5,103.85 145.75 288.00 1,302.07 14,223.00 137.71 318.32 538.38 2,491.00 3,597.53 4,330.93 Description Office Supplies Human Resouroes Service -Background Checks Computer Supplles Water Use Payroll Check Stock Lubricants Engine Supplies Lab Instrument Main. & Servfce Stainless Steel Brush Symantec Antl-Vlrus Software & Maintenance Contract Mechanical Paris & Supplies Off-Site Records Storage Misc. Vehlcle, Parts, Repairs & Service Lab Parts & Supplies Prescription Safety Glasses Mechanlcal Parts & Supplies Ice For Samples Professlonal Services -Asbestos Study Mechanical Parts & Supplies Misc. Repair & Maintenance Material Vehicle Parts & Supplies Engineering Services SP-74 Industrial Blower -Pilot Scrubber Test Mechanlcal Supplles, Paint & Cleaner Metal Publication lab Parts & Supplies Batteries for Vehicles & carts Pump, Circuit Boards & Safely Cones Install Gas Flaps -Various Coll. Sys. Locations, & Repair Gates Inside A & B Junction Box Mealing Expenses Electrical Supplies Prlntfng -Forms Repair & Maintenance Services Safety Supplfes Professional Services -Human Resources Pollcles & Procedures Pumping Supplies Training Registration Meeting Expense Professional Service • DART MO 9·22·99 Blank Video Tapes Towing Services Executive Dlsablllty Plan Premium Inspect & Repair Low Pressure Gas Holder at Pit. 1 Pub If cation Safely Locks, Batteries, Tools & Misc. Parts Instrument Supplies Instrument Parts & Supplles Professional Services J-40-7 Unlfonn Rentals Page5of8 EXHIBITS 8118/2004 Warrant No. 83948 63949 63950 63951 63952 83953 83954 83955 83958 83957 83958 63959 83960 83981 83982 83983 83984 83985 83988 63987 63988 83989 83970 83971 63972 83973 83974 83975 63978 83en 83978 83979 63980 83981 63982 83983 83984 83985 83988 63987 83988 83989 83990 83991 63992 83993 83994 83995 63998 83997 Vendor Mobile Air Conditioning Society Mobile Modular Management Corp. Moreland & Associates MAACO Auto Painting & Bodyworks MCR Technologies, Inc. MGD Technologies, Inc. National Business Womens Leadershp Assoc. Neal Supply Co. Network Catalyst, Inc. Nickey Petroleum Co., Inc. The Norco Companies Northern Tool & Equipment Company, Inc. Nu-Way Laser Engraving Office Depot Business Services Div. OneSource Distributors, Inc. Orange County Forum Orange County Hose Company The Orange County Register Orange Fluid System Technologies, Inc. Oxygen Service Company OCB Reprographlcs P.L. Hawn Company, Inc. Pacific Mechanical Supply Parker Supply Company Parkhouse Tire, Inc. Parts Unlimited PenValve Praxair Distribution, Inc. Primary Source Office Furnishings, Inc. PrlnterGuy Profit Techniques, Inc. Project Management lnstltlJte Proplpe PCG Industries PNCWA • Pacific Northwest Clean water Pump Engineering &/or QAlr Callfomla R W Beck, Inc. R. L. Abbott & Associates Rellastar Bankers Security Life Ins. RemedyTemp, Inc. RestekCorp Retrofit Parts & Components, Inc. Roto Rooter-N.O.C.#11 Ryan Herco Products Corp. RS Hughes Co, Inc. RSA Sutter Soll Products S. S. Mechanical Corp. Ssbre Systems, Inc. Science Applications Intl. Corp. Scott Specialty Gases, Inc. H:\depl\f!n\210\CRANE\FAHR\FAHR2004WJG1Clallnl Paid Repcr1 • 073104 Ida t1n121onc Clalms Paid From 07/18/04 to 07/31/04 Amount 200.00 368.44 8,173.85 880.37 5,100.67 10,147.50 417.00 1,487.38 6,375.00 2,235.89 183.88 2,707.91 318.75 4,785.28 400.18 720.00 110.45 213.52 842.30 1,087.91 11,515.83 1,054.72 81.13 2,808.68 1,728.83 153.48 140.85 22.09 5,291.80 1,797.17 750.00 154.00 24,584.21 1,975.00 105.00 1,365.55 11,804.98 3,000.00 10,232.43 2,088.29 194.47 2,390.35 428.50 1,154.01 111.65 1,540.83 21,433.20 2,720.89 1,313.35 3,058.81 Description Membership Mobile Office Trailer at Plant 2 -ARAB Test Site Auditing Services MO 3-8-95 Vehicle Painting Variable Flow Meter Construction -Installation of Pressure Pipe at Rocky Pt., Westside & Edinger Pump Sta. Training Registration Plumbing Supplies Software -WebSense Industrial Oil Mall Delivery Service Honda Generator Steel Tags Office Supplies Electrical Parts & Supplies Training Registration Hydraulic Hose Supplies & Parts Notices & Ads Plumbing Parts & Supplies Specialty Gases Printing Service -MO 1/28/00 Eleclrfcal Supplies Plumbing Supplies Mechanical Parts & Supplies Tires Truck Supplies Plumbing Parts & Supplies Demunage Office Furniture Printer Maintenance Professional Servlc.es -0 & M Leadership Coaching Membership CClV Sewerllne Inspection -2-41 Repair & Maintenance Services Training Registration Filters Professional Services P1·90 Kem County Blosollda Consulting Services Employee Life Ins. Premium, Short· Term Disability & Cancer Ina. Payroll Dedudlons Temporary Employment Services Lab Parts & Supplies Mechanical Parts & Supplles CClV, Engineering Inspection, Sewer Lateral Cleanlng Pump Supplies Paint Supplles Sawdust Construcllon -Remove/Replace Seamless Carbon Steel Piping. Valves & Pipe Insulation Fats/Oii/Grease Management Software Ocean Monitoring MO 8-8-94 Lab Parts & Supplies P•8of8 EXHIBITB 8118/2004 Warrant No. 83998 83999 84000 84001 84002 84003 84004 84005 84008 84007 84008 84009 84010 84011 84012 84013 84014 84015 84016 64017 84018 64019 84020 84021 84022 84023 64024 64025 84026 84027 84028 84029 84030 84031 84032 84033 84034 84035 64038 84037 84038 84039 84040 84041 84042 64043 84044 84045 84046 84047 Vendor City of Seal Beach Finance Dept. Seaventures Seton Name Plate Corp Se1Ner Equipment Company of America Shureluck Sales & Engineering Sigma-Aldrich, Inc. SklllPath Seminars Sman:lan Supply Company -Fountain Valley Smith Pipe & Supply, Inc. Smith-Emery Company Snap-On Tools, Inc. SoflCho!ce Corp. South Coast Air Quality Management Dist. South Coast Systems, Inc. Southern Csllfornla Edison Southern Callfomla Material Handling Southern Counties Lubricants Southwest Air Balance Corp. Spar1detts Spex Certlprep, Inc. Sunset Ford Sunset Industrial Parts SBC SBC Pacific Bell SCPSdence SOT North America, lid. SKC-West. Inc. SPEC Services. Inc. SPX Valves & Control Target Specially Products Teletrac, Inc. Termlnix International Co. #2474 Termlnlx International The Walking Man, Inc. Thermo Speclronic Thomas Gray & Assoc. Thompson Industrial Supply, Inc. ThyssenKrupp Elevator Dally Pilot Tony's lock & SSfe Service & Sales Townsend Publlc Affairs Southern Csllfomla Trane Service Tri-State Seminar On-the-River Tropical Plaza Nursery, Inc. Tuff Skin U.S Postal Servlce(AMS-TMS) Ultra Sdentlfic Underground Electric Supply United Parcel Service Urban Alternatives H:\dep1\fin\21Cl'CRANE\FAHR\FAHR2004\AUG1Clalrns Paid Report. 073104 lei• nn121onc Clalms Paid From 07118104 t.o 07131/04 Amount 114.58 1,850.00 833.99 103.44 582.43 2,958.64 189.00 8,965.78 245.37 832.00 88.35 1,492.11 1,015.04 1,487.00 30.08 22,818.73 1,339.33 246.75 1,827.58 117.09 161.00 835.94 887.08 18,881.10 828.00 715.00 318.90 7,795.57 722.82 114.41 245.00 940.00 500.00 525.00 504.10 330.00 7,877.89 1,280.00 182.50 117.09 5,000.00 113.24 45.00 7,935.79 337.75 5,000.00 192.80 2,250.00 745.99 7,503.00 Description Water Use Ocean Monitoring Vessel Street Identification Sign Mechanical Parts & Supplies Mechanical Parts, Supplies & Paint Lab Parts & Supplies Training Registration Plumbing Parts & Supplies Plumbing Supplies Professional Services P1-78 & J-77 Tools Software Annual Emission, Operation & Misc. Fees Repair & Maintenance Servfces -Digester Temperature Control Power Caterpillar Fork lift Truck Engine Oii Air Flow Testing -Piiot Test Drfnklng Water/Cooler Rentals Lab Supplies Auto Parts & Service Mechanical SupplleB Telephone Services Temporary Employment Services Lab Parts & Supplies Instrument Supplies Lab Parts & Supplies Engineering Services P2-79-1 Valves Insecticide Monthly Air-Time Service Fee & Software/Hardware Malnt. for Vehicle Tracking Sys. Pest Control Pest Control Public Notice Door Hangers -7-39 Lab Parts & supplies lab Analyses & Supplies Mechanical Parts, Supplies & Repairs Elevator Maintenance Notices & Ads Lacks& Keys Leglslatlve & Executive Advocate for Grant Funding Mechanical Paris & Supplles Training Registration Conl12ct Groundskeeplng MO 5-11-94 Truck Bed liner -V-540 Postage Lab Parts & Supplies E!edricel Repair & Maintenance Services Parcel Services Prof. Ser. -Comm. Rel. Coaching Support Re Ellis Ave. & Rocky Point Pump Sta. Page 7 of8 EXHIBITB 81181'2004 .. " ... WamsntNo. 84048 84049 84050 84051 84052 84053 84054 84055 84058 84057 84058 84069 84080 84081 84082 84083 84084 84085 84068 84087 84088 64089 84070 84071 84072 84073 84074 84075 84078 Vendor UC Regents-CPER US Plastlc Corp. The Vantage Group, L.L.C. Varian Associates, Inc. Verizon Csllfomfa Verne's Plumbing Vertex, Inc. Victor Bulck-GMC Truck Vossler & Company VWR Sclentlf!c Products Corporation The Wackenhut Corporation Waste Markets Corp. Water 3 Engineering, Inc. WateReuse Association Waxle Ssnllary Supply Wesco Dlstribitlon, Inc. West Coast Switchgear, Inc. West-Lite Supply Company, Inc. Westport Aparatus OBA Breaker Supply Wellabs, Inc. Wilson Supply, Inc. WEF Xerox Corporation Yale/Chase Materials Handling, Inc. Callfomla Bank & Trust Nicholas J. Arhontes Gary A Pons Calffomla Municipal Treasurers Assoc. Lucena. Efren & Costco Total Accounts Payable -Warrants Pavroll Disbursements 34397 -34499 Employee Paychecks 34499 -34501 Interim Paychecks 100318 -100848 Direct Deposit Statements Total Payroll Dfeburaementa W)ra Transfer Payments OCSD Payroll Taxes & Contrfbut!ons U.S. Bank U.S. Bank Union Bank of Csllfomla Total Wire Transfer Payments Total Clalma Paid 07118104 -07131104 H:\depl\ftn\210\CRANE\FAHR\FAHR2004\AUG\Clalms Paid Report· 073104 ldl IW210llc Clalme Pafd From 07118104 to 07/31104 Amount 97.09 39.84 24,984.00 1,533.40 3,491.0D 5,016.00 1,010.18 23,111.83 784.41 2,931.19 13,857.35 15,829.33 14,900.82 425.00 74.94 1,119.21 4,895.00 200.07 830.34 575.00 711.15 177.00 5,158.83 208.15 10,381.00 257.53 1,015.00 75.00 3,00D.00 $ 11.313,338.25 $ 158,020.81 42,085.32 1,035,081.59 $ 1,233, 187.52 s 738,907.79 5, 114,342.59 9,827,989.89 7,030,830.13 $ 22.611,870.20 $ 35,058,393.97 Description Publlcatlon (Csllf Public Employee Relations) Mechanical Parts & Supplies Temporary Employment Service Lab Parts & Supplies Telephone Services Service Contract -Testing & Cert. Backflow Devices al Pits. 1 & 2 & Pump Sta. Software Maintenance -Payroll Tax (1) GMC 2004 Canyon Truck Valves Lab Supplies Security Guards Malnt. Agreement -Grit & Screenings Removal & Digester Bed Mat'I. Removal Engineering Services J-87 Project Management Office Meeting Registration Janitorial Supplies Instrument Supplies Electrical Repair & Maintenance Services Eleclrtcal Supplies Electrical Parts & Supplies Lab Equipment Calibration Services Electrical Parts & Supplies Membership -Water Environment Federation Fax & Copier Leases, Maintenance & Supplies Electrical Parts & Supplies Construction J-33-1A, Retention Meeting/Training Expense Reimbursement Meeting/Training Expense Reimbursement Accounting Meeting Registration Employee Computer Loan Program Biweekly Payroll 07121/04 Adjustment to Retirement Check. Retro Pay & Correction Biweekly Payroll 07/21/04 Biweekly Payroll 07/21/04 July Principal & Interest Payment for Series 2000, A & B Certificates of Participation July Principal & Interest Payment for 1992 Refunding Certificates of Participation July Installment Payment for Serles 2003 Certificates of Participation Pagellcf8 EXHIBITS 8118/2004 ~I BOARD OF DIRECTORS Meeting Date AGENDA REPORT Item Number Orange County Sanitation Di strict FROM: Robert J . Ooten , D irector of Operations and Maintenance Originator: David Halverson , Senior Electrical Engineer To Bd . of Di r. 8/25/04 Item Num be r 9(a) SUBJECT: PARTICIPATION IN SETTLEMENT OF EL PASO NATURAL GAS CASE GENERAL MANAGER'S RECOMMENDATION Authorize participation in the settlement allocation phase of the El Paso Natural Gas Antitrust Cases I-IV, J .C.C .P . No. 4221 , et al , Superior Court of the State Of California , County of San Diego , and authorize the General Manager to execute the Non-Core Natural Gas Customer Claim Form . SUMMARY • Beginning in September 2000, seven class action lawsuits were filed on behalf of individuals and businesses in California against several El Paso companies . • The lawsuits alleged that El Paso and its subsid iary worked together to create artificial shortages and artificially high natural gas prices and manipulated natural gas price indices . They also claimed that El Paso conspired with Southern California Gas Co . and San Diego Gas & Electric to eliminate competing pipeline projects under development that would have increased supplies of natural gas to Southern California and reduced or averted natu ral gas shortages and high natural gas and electricity prices experienced in 2000 and 2001. The lawsuits sough t damages and rest itution based on the higher energy costs . • El Paso has reached a settlement with the representatives of the Classes that became effective June 11 , 2004 , wherein El Paso has agreed to pay approximately $1.4 billion over a period of seve ral years . About 15 % of this settlement is allocated to non-core gas users who purchase the ir gas through marketers , rather than directly from the Gas Company. The District purchases its natural gas through marketers to operat e its Central Generation facilit ies. • In order to participate in the allocation of these funds , the District must complete a cla im form detailing its gas usage and costs between March of 2000 and May of 2001 . There are no e xpenses or filing fees to partic ipate. • Staff recommends the District participate in the settlement allocation of the lawsu it. C \Documents and Set1 1ngs\Ow-Yeangllocal Set11ngs\T emporary ln lemet F11es\OLK 7FO\llem 9(a) El Paso Ant1trust Lawsuit.doc Revised 06/04/03 Page 1 • Staff has had the claims and settlement reviewed by the District's General Counsel , who concurs in the recommendations set forth herein . General Counsel advises that there will be nominal , if any , legal fees to the District for participating in this settlement. PRIOR COMMITTEE/BOARD ACTIONS None PROJECT/CONTRACT COST SUMMARY There are no costs besides staff time to prepare the claim form . The potential benefit cannot be estimated and depends on the number of othe r claims and the prices others paid for gas during the period . BUDGET IMPACT 0 This item has been budgeted . (Line item : ) 0 This item has been budgeted , but there are insufficient funds. cg] This item has not been budgeted . 0 Not applicable (information item) ADDITIONAL INFORMATION None ALTERNATIVES By not participating , the District gives up its right to claim a fair share of the settlement. CEQA FINDINGS None ATTACHMENTS None C \Document s and Sett1ngs\Ow-Yeang\Local Sell1ngs\Temporary ln lernel F1les\OLK7FD11tem 9(a).El Paso Anl1trus1 Lawsu i t.doc Revised 06104103 Pa ge 2 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, July 21, 2004 A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, July 21, 2004 at 5 p.m., in the District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: STEERING COMMITTEE MEMBERS: Directors Present: Steve Anderson, Chair Jim Ferryman, Vice Chair and Chairman, OMTS Committee Brian Donahue, Chairman, PDC Committee Jim Silva, County Supervisor Shirley McCracken, Past Board Chair Directors Absent: Brian Brady, Chairman, FAHR Committee (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS OTHERS PRESENT: Thomas L. Woodruff, General Counsel Don Hughes Joe Forbath Dan Spradlin STAFF PRESENT: Blake Anderson, General Manager David Ludwin, Director of Engineering Gail Garrett, Committee Secretary Layne Baroldi, Legal & Regulatory Affairs Liaison Jennifer Cabral, Public Information Specialist Jim Colston, Legal & Regulatory Affairs Liaison Jim Herberg, Engineering Manager There were no comments by any member of the public. (4) RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the June 23, 2004 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Steve Anderson thanked outgoing Chair Shirley McCracken for her leadership during the last two years. He requested Directors to advise him which subcommittee they wish to be placed on. 1 Minutes of the Steering Committee Page2 July 21, 2004 (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson introduced his new executive assistant, Gail Garrett. General Manager Blake Anderson provided updates on several issues, as follows: • State Budget Update Mr. Anderson reported on the State budget and the proposed $225 million property tax transfer from special districts to the State for each of the next two years. Committee members unanimously agreed the General Manager should continue to encourage CASA to request that a uniform rate of property tax transfers be applied to enterprise special districts. • Biosolids Update + Layne Baroldi reported on the biosolids spill that occurred yesterday and distributed handouts. Cleanup costs will be billed to the contractor. There was an hour delay caused by CalTrans hesitancy regarding what to do about the spill. CalTrans ultimately turned to OCSD to clean up the freeway which we were prepared for. Mr. Anderson informed the Committee that from this point forward OCSD will clean up spills immediately and not wait for other entities to either perform or direct the work to be done. Tom Woodruff asked if there were any secondary accidents. Mr. Baroldi will provide information when the report comes in. + Mr. Anderson said that information on the issue of l{l-county managed biosolids has been well received for both the Prima Deshecha Landfill and Great Park. Mr. Baroldi gave a brief update on the joint effort with SOCWA and OCSD In-County Biosolids facilities proposal. Feasibility and technical studies will be performed. Mr. Baroldi noted that having Director Bankhead and ex-Director McGuigan on the special committee for biosolids has been beneficial. + Blake reported that Blake Anderson, Jim Burror and Carol Beekman attended the Great Parks ad hoc committee. Well thought out questions regarding composting were asked by the committee members. OCSD staff will continue working with the various committees to keep them informed. The next meeting will be in November. • Legislative Affairs General Manager briefed the Steering Committee on our progress in Washington DC to secure additional EPA grants to help pay for secondary treatment facilities. The House approved $60 million in additional funding for GWRS. It will go to Senate next. Tom Ridgeway volunteered going to Washington DC in September. • Ocean Discharge Permit draft Mr. Anderson announced OCSD received the official draft of our ocean discharge permit. Jim Colston gave a brief description of the next steps before the permit is finalized in early January. Mr. Anderson complimented Mr. Colston and Mr. Woodruff on a job well done. 2 I { ~- -" I \ "" Minutes of the Steering Committee Page3 July 21, 2004 (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff introduced Dan Spradlin and Joe Forbath, who are handling the SAWPA litigation and the Bushard Trunk issues. They will give their reports in closed session. General Counsel also gave an historical background on the Davis-Bacon Act and California's Prevailing Wage provisions, and reported on how they would impact the Sanitation District' construction contracts. The Steering Committee provided no direction to staff about prevailing wage law. (8) DISCUSSION ITEMS (Items A-D) A. Award of Contract for Continuous Chemical Feed Facility-Steering Committee approved a $20,000 purchase agreement for a 635 square foot parcel owned by Stage Road LLC so that District can site a small chemical feed facility that will serve a nearby District trunk sewer. B. Pulled by Staff. Adopt Rosoll-Jtion No. OCSD 04 22, establishing GFant FL-Jnding PFogFam Policy and Godo of Ethiss (on tonight's QeaFd Agenda for sensidoi:ation) C. Mr. Anderson confirmed that the three standing committees will not meet in August D. The agenda items scheduled to be presented to the Board at tonight's meeting were reviewed. Discussed the revised User Fee Ordinance and the Orange County Business Council's interest in having a presentation in August. (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING Thero were none. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, August 25, 2004 at 5 p.m. The next Board Meeting is scheduled for Wednesday, August 25, 2004 at 7 p.m. 3 Minutes of the Steering Committee Page4 July 21, 2004 (13) CLOSED SESSION The Committee convened at 6:05 p.m. in Closed Session, pursuant to Section 54956.8 and Section 65956.9, to discuss six issues. Minutes of the Closed Session are on file with the Board Secretary. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 54957 .2, and are maintained by the Board Secretary in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. A report of the recommended actions will be publicly reported at the time the approved actions become final. At 6.50 p.m., the Committee reconvened in regular session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:50 p.m. Submitted by: Gail Garrett Steering Committee Secretary H:ldeptlagenda\Steering Committee\04\SC Minutes Form.5.doc 4 STEERING COMMITTEE Meeti ng Date To Bel. of Dir. 8-25-04 0 8/25/04 AGENDA REPORT Item Number Item Number ll(b) Orange County Sanitation District FROM: Robert Ghirelli, Director of Technical Services Originator: Karen Baroldi , Senior Environmental Specialist SUBJECT : Adoption of Revised Grant Funding Program Policy GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 04-22 , Estab lishing a Grant Funding Program Policy and Code of Ethics in Support of Meeting the Contractual Requirements of Awarding Agencies for Monetary Assistance Granted to the District. SUMMARY In order to facilitate the operation of the grant funding program, OCSD must adopt a Grant Fu ndi ng Progra m Po licy to allow for the General Manager or his designee to apply for and enter into contractual agreements with federal , state and local agencies. The Policy also allows the General Manager or his designee to develop procedures for administration of the program , and it includes a Code of Ethics to provide compliance with grant requirements . PRIOR COMMITTEE/BOARD ACTIONS N/A PROJECT/CONTRACT COST SUMMARY NIA BUDGET IMPACT D This item has been budgeted . (Lin e item : ) D This item has been budgeted, but there are insufficient funds . D This item has not been budgeted . C8J Not applicable (No budget imp licatio ns) ADDITIONAL INFORMATION Earlier this year OCSD received a $250 ,000 grant for its Fats , Oils and Grease Program under the auspices of t he State Water Resources Control Board (SWRCB) Proposition 13 Water Bond monies . As OCSD prepared to enter into a contract to receive this grant, it became apparent that the C \Documenls and Se111ngs\Ow-Ycang\Local Se111ngs\Temporary lnlernel F11es\OLK7FD\llem 1 l(b) Granl Pr ogram Polley doc Revised 06/04/03 Pag e 1 General Manager lacked specific authority to enter into this contract under the requirements of the SWRCB. In order to remedy the situation , the Board of Directors adopted a resolution specifically authorizing the General Manager to enter into a contract with the SWRCB to receive the grant monies and administer the program . The proposed Resolution will allow the General Manager or his designee to enter into future grant contracts and conduct grant administration without bringing individual resolutions to the Board of Directors for each new grant award . This item was originally scheduled for consideration at the July Board meeting . The item was pulled at the request of staff to incorporate new information obtained at a recent EPA training session . The policy now specifies compliance with federal requirements and the use of the State Single Point of Contact for the State's intergovernmental review process . ALTERNATIVES No Action CEQA FINDINGS N/A ATTACHMENTS Resolution NO . OCSD 04-22 , Adoption of the Grant Funding Program Policy and Code of Ethics C \Documents and Se1t1ngs\Ow-Yeangll ocal Se1t1ngs1Temporary Internet F1Jes\OLK 7FO\ltem 11(b} Grant Program Polley doc Revised 06/04/03 Page 2 • '· 0 .· RESOLUTION NO. OCSD 04-22 ESTABLISHING A GRANT FUNDING PROGRAM POLICY AND CODE OF ETHICS A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING A GRANT FUNDING PROGRAM POLICY AND CODE OF ETHICS IN SUPPORT OF MEETING THE CONTRACTUAL REQUIREMENTS OF AWARDING AGENCIES FOR MONETARY ASSISTANCE GRANTED TO THE DISTRICT WHEREAS, it is the intent of the District to pursue publicly available federal, state, and local monies for District approved projects where the projected economic benefits are greater than the costs. WHEREAS, the District has been awarded monetary assistance from and entered into contractual agreements with federal and state agencies to receive monetary assistance for District projects. These contractual agreements commit the District to comply with awarding agencies requirements. Hence the District is required to develop policies and a Code of Ethics relating to the management of government monetary assistance awards. The awarding agencies require the governing body to specify and approve of grant polices and a Code of Ethics. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: ARTICLE I GRANT FUNDING PROGRAM POLICY Section 1: Policy Statement It is the policy of the District to pursue publicly available federal, state and local monies for approved projects including the collection, treatment, recycling and disposal of wastewater and biosolids, monitoring and research, and environmental stewardship and watershed activities, where such pursuit is deemed economically practical. Each division is responsible to inform the District's grant administrator, at the earliest date possible, about their projects and to work cooperatively with the grant administrator to locate and secure funds for the projects. Section 2: Policy The District Board of Directors, as the agency's governing body, gives authorization for the General Manager, or authorized representative or designee, to apply for and enter into contractual agreements with federal, state, and local agencies for funding assistance and to commit the institutional, managerial and financial resources (including funds sufficient to pay the non-federal, non-state, or non-local share of project cost) to ensure proper planning, management and completion of the obligations required by the awarding agencies. The District's Director of Finance, as the agency's Chief Financial Officer, or designee, the Controller, have the authorization to conduct financial transactions relating to payment from assistance awards. The General Manager, or authorized representative or designee, shall develop procedures for administration of the Grant Funding Program and shall report annually to the Board of Directors on the Program's implementation. The District's Board of Directors, management and staff involved in grant assistance administration shall follow the Orange County Sanitation District Grant Funding Program's Code of Ethics. Assistance award applications shall be processed, and awarded funds shall be administered, through the District's Grant Funding Program. District staff involved in projects funded by grant money or other government monetary assistance shall comply with all applicable laws and regulations that govern the award as well as all other applicable federal state and local regulatory requirements. District staff involved in the administration of an assistance award shall make good faith efforts to ensure that the vendors who are paid in part by federal, state or local funds comply with the applicable laws and regulations that govern the award. For federal grants, the District shall contact the State Single Point of Contact for Federal Executive Order 12372 to determine whether the application is subject to the State's intergovernmental review process. District shall develop an auditing system for assistance awards and retain the services of an independent auditor to conduct any required audits in compliance with federal, state or local auditing requirements of assistance awards. ARTICLE II GRANT FUNDING PROGRAM CODE OF ETHICS 2 , 0 _, •, -,- The District shall give the awarding agency, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the award. The District shall also give such access to the Comptroller General of the United States and or the State of California, as appropriate. The District will account for grant funds pursuant to generally accepted accounting standards and directives of the awarding agency. Except as otherwise required by law, the District shall not release information to the public relating to an assistance award that mentions the awarding agency by name, or any agency employee, without the awarding agency's approval. District staff shall follow the Code of Ethics established by its Purchasing Division and, as applicable, California State or federal procurement standards on assistance funded projects. The grant administrator or designee directly involved in the administration of assistance awards, and Board of Directors shall not be involved in the hiring of staff or procurement of contracts for services funded through assistance awards. The grant administrator shall comply with any other ethics policy as specified in individual assistance awards. The District shall ensure that safeguards are in effect to prohibit Board of Directors and staff from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. The District shall certify that no funds appropriated from the federal government have been paid or will be paid by or on behalf of the District, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of any federal assistance awards. PASSED AND ADOPTED at a regular meeting held August 25, 2004. Chair ATTEST: Board Secretary .., .) GWRS Steering Committee July 12, 2004 MINUTES GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE (A Committee of Orange County Water District'* And Orange County Sanitation District Directors) OCWD Boardroom, 10500 Ellis Avenue, Fountain Valley Monday, July 12, 2004, 5:30 p.m. COMMITTEE MEMBERS IN ATTENDANCE Anthony, Cook, Kraemer Alternates: Barr McCracken, Eckenrode Alternates: Walker, Anderson, Collins OTHER DIRECTORS IN ATTENDANCE Bannister, Bilodeau, Debay OCWD OCSD OCWD ·----·---- : CONSENT CALENDAR (ITEMS NOS. 1 • 4) MOTIONNOTE I l Consent Calendar Items Nos. 1-4 were unanimously approved. ·Motion: McCracken Ayes: Anthony, Kraemer, Walker Second: Cook Noes: None ACTION TAKEN . 1. MINUTES OF GWRS STEERING COMMITTEE MEETING Approved on . Committee approved consent calendar ' recommendation RECOMMENDATION: Approve Minutes of the June 14, 2004 as mailed . 2. ISSUANCE OF SERVICES AGREEMENT TO ARROYO GEOTECHNICAL FOR FIELD AND LABORATORY SOILS & MATERIALS TESTING SERVICES FOR THE GROUNDWATER REPLENISHMENT UNIT I PIPELINE PROJECT RECOMMENDATION: Agendize for July 21 OCWD board meeting: Authorize issuance of a Services Agreement to Arroyo Geotechnical in an amount not to exceed $27 4,592 to provide field and laboratory soils & materials testing services for the Groundwater Replenishment '······--·-··· ~.D..~!J ... .e,~~.~!}~ . .Pr.~J~~!~ -.. . ...... . -1 - Approved on consent calendar . Committee approved recommendation GWRS Steering Committee July 12, 2004 : AGENDA ITEM MOTIONNOTE ACTION TAKEN 3. ISSUANCE OF SERVICES AGREEMENT TO · Approved on . Committee approved TGR GEOTECHNICAL, INC. FOR FIELD AND consent calendar : recommendation LABORATORY SOILS & MATERIALS TESTING SERVICES FOR THE GROUNDWATER REPLENISHMENT ADVANCED WATER PURIFICATION FACILITY PROJECT. RECOMMENDATION: Agendize for July 21 OCWD Board meeting: Authorize issuance of a Services Agreement to TGR Geotechnical, Inc. in an amount not to exceed $944,604 to provide field and laboratory soils & materials testing services for the Groundwater Replenishment Advanced Water Purification ······ .... J:~ ~~iJ!~ __ P.r:9j~~~··--· ·-·-·· -········--·--··· -····-·-·····---·------·-·-· --·-----····--···· ---·· -· ···----··-········· .. ·--·-··· ... . ......... ··-·· ·········-. . ·---·:···-.--·-·-----···. -·--------···----····-··-··---·----. 4. ADDENDUM NO. 3 TO PROFESSIONAL Approved on i Committee approved SERVICES AGREEMENT WITH MWH consent calendar : recommendation AMERICAS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE GROUNDWATER REPLENISHMENT SYSTEM PROGRAM RECOMMENDATION: Agendize for the July 21 OCWD and August 25 OCSD Board meetings: Approve and authorize issuance of Addendum No. 3 to the Professional Services Agreement with MWH Americas, Inc., in accordance with their Professional Services Agreement, a cost-of-living increase of 2.29% from April 2003 through April 2004, increasing the authorized amount by $224,006, from $12,890,566 to an amount not to exceed $13, 114,572. END OF CONSENT CALENDAR -2- ·- /. » l MA1TERS FOR CONSIDERATION 5. ADDENDUM NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH MWH AMERICAS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE GROUNDWATER REPLENISHMENT SYSTEM PROGRAM RECOMMENDATION: Agendize for the July 21 OCWD and August 25 OCSD Board Meetings: Approve and authorize issuance of Addendum No. 4 to the Professional Services Agreement with Montgomery Watson Harza, increasing the authorized amount by $244,512 from $13, 114,572 to an amount not to exceed $13,359,084 for changes in the Scope of Work. MOTIONNOTE Motion: Cook · Second: Eckenrode ·Ayes: Anthony Kraemer McCracken Walker Noes: None 6. CONTRACT NO. GWRS-2003-1 -INTERIM Motion: Kraemer GWRS Steering Committee July 12, 2004 ACTION TAKEN Committee approved recommendation WATER PURIFICATION FACILITY PROJECT ·Second: McCracken . Committee approved recommendation (KIEWIT PACIFIC CO.): NOTICE OF : Ayes: COMPLETION Anthony Cook RECOMMENDATION: Agendize for the Eckenrode July 21 OCWD Board meeting: Accept . Walker completion of work and authorize filing of : Noes: None Notice of Completion. : 7. CONTRACT NO. GWRS-2004-1- GROUNDWATER REPLENISHMENT SYSTEM ADVANCED WATER PURIFICATION FACILITY (J.F. SHEA CONSTRUCTION, INC.): CHANGE ORDER N0.2 RECOMMENDATION: Agendize for July 21 OCWD Board meeting: Authorize issuance of Change Order No. 2 for a decrease in contract price totaling $2,501,928 and no increase in contract time. INFORMATIONAL ITEMS 8. ADVANCED WATER PURIFICATION FACILITY COST SAVINGS PROCEDURES 9. PROJECT SCHEDULE AND BUDGET UPDATE -3- · Motion: Eckenrode Second: Cook Ayes: Anthony Kraemer McCracken Walker Noes: None : Committee approved · recommendation MATTERS FOR CONSIDERATION 10. CONSTRUCTION PROJECTS PROGRESS • Project Progress Photos • Outreach 11. MONTHLY CHANGE ORDER UPDATE 12. STATUS REPORT • Grants and Loans Update • Public Information and Education Update DIRECTORS' ANNOUNCEMENTS/REPORTS · GENERAL MANAGERS' ANNOUNCEMENTS/REPORTS . ADJOURNMENT -4- MOTIONNOTE GWRS Steering Committee July 12, 2004 ACTION TAKEN BOARD OF DIRECTORS Mee t ing Date To Bel. of Dir. 08/25/04 AGENDA REPORT Item Number Item Number 12(b) Orange County Sanitation D1 stnct FROM: David Ludwin , Director of Engineering Originator: Wendy Sevenandt, CIP Project Manager SUBJECT: GROUNDWATER REPLENISHMENT SYSTEM , JOB NO . J-36 GENERAL MANAGER'S RECOMMENDATION (1) Approve Amendment No . 3 to the Professional Services Agreement with Montgomery Watson Harza , providing for a cost-of-living adjustment per their contract for the Groundwater Replenishment System , Job No . J-36 , for an additional amount of $224 ,006 , increasing the total amount not to exceed $13 , 114 ,572 , to be equally shared with the Orange County Water District ; and (2) Approve Amendment No . 4 to the Professional Services Agreement with Montgomery Watson Harza , providing for additional construction management services for the Groundwater Replenishment System , Job No . J-36 , for an additional amount of $244 ,512 , increasing the total amount not to exceed $13 ,359 ,084 , to be equally shared with the Orange County Water District. SUMMARY • In February 2002 , the Board of Directors (Board) approved a Professional Services Agreement (PSA) w ith Montgomery Watson Harza (MWH ) t o provide construction management services for the Groundwater Replenishment (GWR) System . • The PSA requires annual cost-of-living adjustments based on the local CPI index . Amendment No . 3 is for an increase of $224 ,006 for cost of living adjustment through April 2004 . OCSD 's 50 % share of Amendment No. 3 would be $112 ,003 . • Amendment No . 4 is for increased fees to have MWH provide an inspector for the Barrier Facilities Project, which was a position that was originally to be supplied by the Water District. Amendment No . 4 is for an increase of $244,512. OCSD's 50 % share of Amendment No . 4 would be $122 ,256 . PRIOR COMMITTEE/BOARD ACTIONS 1. February 27 , 2002 -Board approval of PSA 2 . October 22 , 2003 -Board approval of Addendum Nos . 1 and 2 3. Ju ly 14 , 2004 -GWR System Steering Committee approval of Amendment Nos . 3 and 4. Revised 06/04/03 Page 1 PROJECT/CONTRACT COST SUMMARY Authorization of $234 ,259 under Phase 4 Construction is being requested as shown in the attached Budget Information Table . BUDGET IMPACT cg] This item has been budgeted . {Line item : Section 8-pag e 163 , Water Management Projects, J-36 ) 0 This item has been budgeted , but there are insufficient funds . 0 This item has not bee n budgeted . 0 Not applicable (information item) No change in the project budget is being requested , as shown in the attached Budget Information Table . ADDITIONAL INFORMATION See attached Groundwater Replenishment System Steering Committee Agenda Item Submittals. ALTERNATIVES There are no alternatives . CEQA FINDINGS The Environmental Impact Report/Environmental Impact Statement (EIR/E IS) for the Groundwater Replenishment (GWR) System was certified by the Orange County Sanitation District (OCSD) and the Orange County Water District (OCWD) Board of Directors on March 24, 1999. Addendum No. 1 was approved on March 28, 2001 . Addendum No . 2 was approved by OCSD on January 23 , 2002, and by OCWD on January 16, 2002 . Amendment No. 3 was approved by OCSD on March 24, 2004 and by the GWR System Steering Committee on December 1 , 2003. ATTACHMENTS 1. Budget Information Table 2 . Agenda Item Submittal to the GWRSSC RE: Addendum No. 3 to Professional Services Agreement with Montgomery Watson Harza 3 . Agenda Item Submittal to the GWRSSC RE: Addendum No . 4 to Professional Services Agreement with Montgomery Watson Harza 4. Professional Services Agreement Status Report WTS:ba:lc H:l ntglob al\Agenda Draft Roports\Joint Boards\Agonda Repo rt.j -36 MWH add 3-4.doc Revised 06/04/03 Page 2 ... ORIGINAL PROJECT/PHASE AUTHORIZED BUDGET Phase 1 -Project Development $ 700,000 Phase 2 -Preliminary Design Phase 3 -Design $ 9,849,000 Phase 4 -Construction $ 98,481,000 Phase 5 -Commissioning Phase 6 -Close-Out Phase 7 -Contingency $ 12,895,000 PROJECT TOTAL $ 121,925,000 Reimbursable Costs $ $ $ $ $ $ $ $ BUDGET INFORMATION TABLE GROUNDWATER REPLENISHMENT (GWR) SYSTEM JOB NO. J-36 CURRENT PROPOSED PROPOSED FUNDS THIS PROJECT BUDGET REVISED AUTHORIZED TO AUTHORIZATION INCREASE BUDGET /DECREASE BUDGET DATE REQUEST 11,000 $ 11,000 $ 11,000 3,321,000 $ 3,321,000 $ 3,321,000 17,246,540 $ 17,246,540 $ 17,246,540 217,933,460 $ 217,933,460 $ 214,815,799 $ 234,259 977,000 $ 977,000 171,000 $ 171,000 12,000,000 $ 12,000,000 251,660,000 $ -$ 251,660,000 $ 235,394,339 $ 234,259 $ 45,000,000 $ 45,000,000 $ 45,000,000 PROPOSED ESTIMATED TOTAL EXPENDITURE AUTHORIZATION TO DATE $ 11,000 $ 10,500 $ 3,321,000 $ 3,320,000 $ 17,246,540 $ 15,545,000 $ 215,050,058 $ 18,600,000 $ -$ 434,000 $ -$ 82,000 $ - $ 235,628,598 $ 37,991,500 $ 45,000,000 $ 8,227,000 PROJECT NET $ 121,925,000 $ 191,206,000 $ 206,660,000 $ 190,394,339 $ 234,259 $ 190,628,598 $ 29,764,500 PSA/Contract Design PSA $ 18,907,913 $ 18,907,913 $ 18,011,496 $ 18,011,496 $ 15,134,000 Construction Manangement Services PSA $ 6,994,542 $ 6,994,542 $ 6,445,283 $ 234,259 $ 6,679,542 $ 1,193,500 Construction Contract $ 203,294,901 $ -$ 203,294,901 $ 193,697 ,953 $ 193,697,953 $ 17,918,500 C:\Oocuments and Settings\Ow-Yeang\Local Settings\Temporary Internet Files\OLK7FO\[ltem 12(b).Montgomery Watson Harza-att 1.xls)add 3&4 C:\Documenls and Seltings\Ow-Yeang\local Settlngs\Temporary Internet Files\OLK7FD\ltem 12{b).Montgomery Watson Harza-all 1 ESTIMATED EXPENDED TO DATE(%) 95% 100% 90% 9% 0% 0% 0% 16% 18% 16% 84% 18% 9% ... AGENDA ITEM SUBMITTAL Meeting Date: July 12, 2004 To: Joint Groundwater Replenishment System Cooperative Committee From: Virginia Grebbien Blake Anderson Staff Contact: Mike Markus Budgeted: Yes Funding Source: OCWD/OCSD/Grants Program/Line Item No.: 501-5049-722.70-01 Cost Estimate: $224,006 increase to PSA General Counsel Approval: NIA Project Report Approved: Yes CEQA Compliance: Yes Subject: ADDENDUM NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH MWH AMERICAS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE GROUNDWATER REPLENISHMENT SYSTEM PROGRAM SUMMARY On January 23, 2002 and November 13, 2002, the Boards of Directors of the Orange County Sanitation District (OCSD) and the Orange County Water District (OCWD), respectively, approved a Professional Services Agreement (PSA) with Montgomery Watson Harza (MWH) to provide construction management services for the Groundwater Replenishment System. The PSA with MWH requires cost-of-living adjustments to the remaining balance of authorized labor funding each July, based on the April-to-April adjustment of the local Consumer Price Index (CPI). Addendum No. 3 is proposed for your consideration to address the annual cost-of-living adjustment in accordance with the contract provisions. RECOMMENDATION Agendize for the July 21 OCWD and August 25 OCSD Board meetings: Approve and authorize issuance of Addendum No. 3 to the Professional Services Agreement with MWH Americas, Inc., in accordance with their Professional Services Agreement, a cost- of-living increase of 2.29% from April 2003 through April 2004, increasing the authorized amount by $224,006, from $12,890,566 to an amount not to exceed $13, 114,572. DISCUSSION/ANALYSIS The Joint Cooperative Committee approved the professional services agreement with MWH for Construction Management services on May 13, 2002. Final Board approval was obtained on November 25, 2002. The professional services agreement with MWH requires cost-of-living adjustments to the remaining balance of authorized funding each -1 - July, based on the April-to-April adjustment of the Consumer Price Index (CPI). According to the agreement, the annual increase is applied to the actual remaining fees, less other direct costs, as of July 1. The currently authorized not-to-exceed total MWH contract value is $12,890,566. Of this amount, $12, 144,038 is approved for labor and $746,528 is approved for the other direct costs. The MWH team has expended $2,362,109 of labor and $74,722 of other direct costs through June 30, 2004. The cost-of-living increase is calculated based on the Consumer Price Index (CPI) for the Los Angeles-Riverside-Orange County area published by the U.S. Department of Labor Bureau of Labor Statistics (BLS). As indicated in the attached BLS table, the April 2003 CPI index is 187.6 and the April 2004 CPILA index is 191.9. The 2004 increase was 2.29%. According to the agreement, this increase is applied to the actual remaining fees, less other direct costs, as of July 1, 2004. Multiplying this 2.29% CPI increase by the corresponding remaining balance of labor funds ($9,781,929) yields an annual cost-of-living adjustment of $224,006, which addresses the annual cost-of-living adjustment in accordance with the contract provisions. PRIOR COMMITTEE ACTIONS October 15 & 22, 2003 November 25, 2002 August 7, 2002 OCWD and OCSD Boards (respectively) approved and authorized issuance of: Addendum No. 1 to the Professional Services Agreement with Montgomery Watson Harza, increasing the authorized amount by $1,423,992; from $10,943,038 to an amount not to exceed $12,367,030 for changes in the Scope of Work; and Addendum No. 2 to the Professional Services Agreement with MWH Americas, Inc., in accordance with their Professional Services Agreement, a cost-of-living increase of 2.3% from November 2001 through April 2002, and 2.96% from April 2002 through April 2003, increasing the authorized amount by $523,536; from $12,367,030 to an amount not to exceed $12,890,566. OCWD Board authorized removal of temporary spending cap. OCWD Board approved and authorized execution of Professional Services Agreement for a total cost not to exceed $10,943,038; with the stipulation that only $335,822 of the $10,943,038 to be expended at this time for a limited -2- May 13, 2002 scope of construction management services, pending approval of the proposed Operations and Maintenance Agreement for the GWR System by both the OCSD and OCWD. Authorized issuance of a Task Order to Montgomery Watson Harza (MWH) in the amount of $49,950 for limited construction management services during the next two months, with this amount being subtracted from their proposal for providing construction management services for the entire project if the Orange County Water District (OCWD) Board approves that proposal. -3 - Total Project Budget= Consultant Start Date of Project Date Amendment Original 10/22/2003 1 10/22/2003 2 Pending 3 Pending 4 Professional Services Agreement Status Report Groundwater Replenishment System $251,660,000 Montgomery Watson Harza May 1994 Job No. J-36 Description Construction Management Services Additional services due to project schedule extension Cost of living adjustment for April 2003 Cost of living adjustment for April 2004 Provide inspector for Barrier Facilities Contract $ $ $ $ $ *The full amount of the PSA is reported. The total amount is cost shared 50% between OCSD and OCWD. C:\Documents and Settings\Ow-Yeang\Local Settings\Temporary Internet Files\OLK7FD\ltem 12(b).Montgomery Watson Harza-att 4 Cost* Accumulated Costs 10,943,038.00 1,423,992.00 $ 12,367,030.00 523,536.00 $ 12,890,566.00 224,006.00 $ 13,114,572.00 244,512.00 $ 13,359,084.00 •. • BOARD OF DIRECTORS AGENDA REPORT Orange County Sanitation District FROM: Gary Streed , Director of Financerrreasurer Originator: Michael White , Controller Meeting Date N/A Item Number N/A SUBJECT: TREASURER'S REPORT FOR THE MONTH OF JULY 2004 GENERAL MANAGER'S RECOMMENDATION Receive and file Treasurer's Report for the month of July 2004 . SUMMARY To Bel. of Dir. 08/25/04 Item Number 13 Pacific Investment Management Co . (PIMCO), serves as the District's professional external money manager, and Mellon Trust serves as the District's third-party custodian bank for the investment program . Some funds are also deposited in the State of California Local Agency Investment Fund for liquidity . The District's Investment Policy, adopted by the Board , includes reporting requirements as listed down the left most column of the attached PIMCO Monthly Report for the "Liquid Operating Monies" and for the "Long-Term Operating Monies" portfolios . The District's external money manager is operating in compliance with the requi rements of the Investment Policy . The portfolio contains no reverse repurchase agreements . As shown on page 2 of the attached PIMCO's Performance Monitoring and Reporting Report for the Long-Term Operating Monies , there is a investment policy compliance exception pertaining to the holding of one security within PIMCO's Long-Term Operating Monies Portfolio that had an acceptable rating at the time of purchase but has since fallen below the minimum rating allowed by the investment policy. The District's investment policy requires a minimum rating of A3 by Moody's or A-by S&P , with at least a BBB rating in the event of a split rating , at the time of purchase . The rating exception pertains to the holding of a United Airlines (UAL) Asset Backed Security with a par value of $1 .6 million , representing 0.41 percent of the portfolio holdings , whose rating from Moody's has fallen several times , from A3 to BA 1, then to BA3 , B3 , B , and finally to CA. Likewise , the rating from Standard & Poor's has also fallen several times , first from A -to BBB , then to BB , then to B+, B-, and finally to CCC+. Although these ratings are less than what is required at the time of purchase , PIMCO believes , based on the financial strength of UAL and the underlying collateral of the security , that the District would suffer an unwarranted loss if the security was sold at this time . C \Documents and Se tt ings\Ow -Yean gllocal Se tt1ngs\Tempo rary Intern et F11es\OLK7FO\ltem 13 Treasurer Report doc Page 1 The District's investment policy does not require any action because of "credit watch" ~ notices or the decline in credit standing . However, PIMCO will continue to monitor the credit for this security very closely. Historical cost and current market values are shown as estimated by both PIMCO and Mellon Trust. The District's portfolios are priced to market ("mark-to-market") as of the last day of each reporting period . The slight differences in value are related to minor variations in pricing assumptions by the valuation sou rces at the estimate date. BUDGET IMPACT 0 This item has been budgeted . (Lin e item : ~ Not applicable (information item) ADDITIONAL INFORMATION Schedules are attached summarizing the detail for both the short-term and long-term investment portfolios for the reporting period. In addition , a consolidated report of posted investment portfolio transactions for the month is attached . The attached yield analysis report is presented as a monitoring and reporting enhancement. In this report, yield calculations based on book values and market values are shown for individual holdings , as well as for each portfolio . Mellon Trust, the District's custodian bank, is the source for these reports . Transactions that were pending settlement at month end may not be reflected . Also provided is a summary of monthly investment balances and transactions within the State of California Local Agency Investment Fund (LAIF). The remaining $13.0 million proceeds from the 2003 COP debt issuance available for future capital improvements is being managed and invested by PIMCO with Union Bank of California serving as the Trustee . When combined with the reserves of the existing outstanding debt issues , total debt service reserves with trustees totals $79 ,518 ,000. On July 30, $31 million was withdrawn from the Long-Term Operating Monies portfolio to fund semi-annual COP debt service payments. These reports accurately reflect all District investments and are in compliance with California Government Code Section 53646 and the District's Investment Policy . Sufficient liquidity and anticipated revenues are available to meet budgeted expenditures for the next six months . The table on the following page details the book balances of the District's investment accounts at month-end . A graphical representation of month-end balances is shown on the attached bar chart. C \Documents and Sethngs\Ow-Yeangllocal Sell1ngs\Temporary Internet F11es\OLK7FO\llem 13 Treasurer Report doc Page 2 Book Balances Estimated Investment Accounts July 31, 2004 Yield(%) State of Calif. LAIF $ 27,210,595 1.60 Union Bank Checking Account 3,905,372 1.02(1) PIMCO -Short-term Portfolio 112,512,489 1.42 PIMCO -Long-term Portfolio 359,683,422 3.39 Petty Cash 5.000 N/A TOTAL ~503 316 BZB 2.84 Debt Service Reserves w/Trustees U95H574 2.34 (1) This rs the annuahzed yield for the month of June. The July annualized rate was not available as of the date of this report. ATIACHMENTS 1. Graph of Monthly Investment Balances by Type -Last Six Months 2. Investment Transactions and Balances in the State Local Agency Investment Fund 3. PIMCO Monthly Investment Recap & Yield Analysis Report 4. PIMCO Performance Monitoring Report -Liquid Operating Monies 5. PIMCO Performance Monitoring Report -Long-Term Operating Monies 6. Mellon Trust Asset Summary by Asset Type with Sectors -Liquid Operating Monies 7. Mellon Trust Asset Summary by Asset Type with Sectors-L-T Operating Monies 8. Mellon Trust Yield Analysis Report 9. Mellon Trust Asset Detail -Consolidated 10. Mellon Trust Transaction Detail -Consolidated MW:bg C:\Documenls and Settings\Ow-Yeang\Local Settmgs\Temporary lntemel Files\OLK7FD\llem 13 Treasurer Report doc Page3 Monthly Investment Balances by Type- Last Six Months I $700.000.000 _,. _____________ _ ---·-·-------·-------·-·-----·-----··-·---· .. ·--·---·-... , I ! $600,000,000 --- I $500,000,000 ~- $400 I 000 I 000 - $300 I 000 I 000 $200,000,000 $100,000,000 $0 February 2004 March 2004 April 2004 May 2004 13 PIMCO -Long-term r:a PIMCO -Short-term ml COP Debt Reserves IIDLAIF CBank Accts mPetty Cash June 2004 I t I lXXXX:XX>Ot_J ! ~--1 July 2004 I Orange County Sanitation District Investment Transactions and Balances in the State of California Local Agency Investment Fund July 31, 2004 Par Value Book Value Market Value Rate Balance January 1, 2004 $29,908, 764 $29,908, 764 $29,908,764 1.604 Deposits: 7/20/2004 1,900,000 1,900,000 1,900,000 1.604 712212004 13,100,000 13,100,000 13,100,000 1.604 Total Deposits 15,000,000 15,000,000 15,000,000 1.604 Quarterly Interest Distribution 101,831 101,831 101,831 1.604 Withdrawals: 7/1/2004 {7,600,000) {7,600,000) (7 ,600,000) 1.604 71712004 (3,000,000) (3,000,000) (3,000,000) 1.604 7/15/2004 (4,400,000) {4,400,000) {4,400,000) 1.604 7/21/2004 (2,800,000) {2,800,000) {2,800,000) 1.604 Total Withdrawls (17,800,000) (17,800,000) (17,800,000) 1.604 Balance January 31, 2004 $27 ,210,595 $27 ,210,595 $27 ,210,595 1.604 Yield 1.604 1.604 1.604 1.604 1.604 1.604 1.604 1.604 1.604 1.604 1.604 PIM C 0 August 16, 2004 Mr. Mike White, CPA Controller Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Dear Mike: The following is a description of events in the bond markets during the month of July in addition to an analysis of the strategies undertaken in the Orange County Sanitation District's Long-Term, Liquid, and COP Proceeds portfolios over the period. Also included is a section on our outlook and preferred strategies to be pursued in your portfolios during the coming months. Bond Market Recap: Core bond sectors gained in July on softer economic data. U.S. Treasuries gained 0.95% for the month, with the yield on the benchmark 10-year Treasury closing 11 basis points lower at 4.48%. TIPS underperformed their nominal counterparts as the Lehman Brothers U.S. TIPS Index returned 0.93% in July. Mortgage-backed securities returned 0.90%, beating Treasuries by 12 basis points after adjusting for duration. The credit sector, represented by the Lehman Credit Index, also outperformed Treasuries for the month, returning 1.23%, or 21 basis points after adjusting for duration. Within the sector, lower quality investment grade corporates outperformed higher quality issues. Mr. Greenspan cited improving labor market conditions, a surge in corporate profits and a modest increase in labor costs in his assessment of the economy's improving strength. The U.S. economy showed continued signs of growth in economic activity and inflation, although at a much slower pace than in previous months. July began with a weak Employment Situation Report (issued by the Bureau of Labor Statistics), indicating that the economy created only 112,000 new jobs in June, much lower than consensus estimates. The unemployment rate remained at 5.6%. The consumer price index (CPI) as reported by the Bureau of Labor Statistics rose 0.3% in June, raising the annual rate of inflation by 0.2% over May to 3.3%. The increase was driven mostly by an unexpected increase in energy prices. Lastly, the Bureau of Economic Analysis announced the second quarter GDP growth at 3.0%. This is the slowest rate of growth for the economy in five quarters. Business investment and home construction strengthened a bit last quarter relative to Mr. Mike White, CPA Orange County Sanitation District August 16, 2004 Page2 the first quarter of the year, however, consumer spending slowed considerably, posting just a 1. 0% gain for the quarter. Treasury yield changes during the month of July are summarized as follows: • 3-month bills: + 17 basis points to 1.43% • 6-month bills: + 11 basis points to 1. 75% • 2-year notes: unchanged at 2.68% • 5-year notes: -7 basis points to 3 .69% • 10-year notes: -11 basis points to 4.48% • 30-year notes: -9 basis points to 5.20% Performance Attribution: Long-Term Portfolio The Long-Term portfolio that PIMCO manages on behalf of Orange County Sanitation District generated 0.60% on a total return basis for the month of July, outperforming the Merrill Lynch 1- 5 year Government Corporate Index by 2 basis points. The following points summarize returns for the month ended July 31: • The Long-Term portfolio outperformed the benchmark by 2 basis points for the month. • For the twelve-month period, the Long-Term portfolio returned 3.28%, outperforming the benchmark by 99 basis points. • Portfolio duration, below the index, was largely neutral for monthly performance as rates rose slightly on shorter maturities while rates fell slightly on intermediate and longer maturities. • Yield curve positioning similar to that of the index was neutral for performance. • An underweight exposure to corporates was negative for performance, as corporates outperformed Treasuries on a duration-adjusted basis. • Exposure to mortgage-backed securities was positive for relative performance as the sector outperformed Treasuries on a duration-adjusted basis. • Substituting Treasury Inflation Protected Securities for nominal Treasuries was slightly negative for performance as TIPS lagged their nominal counterparts during the month. Mr. Mike White, CPA Orange County Sanitation District Liquid Portfolio August 16, 2004 Page3 The Liquid portfolio that PIMCO manages on behalf of Orange County Sanitation District generated a total return of 0.10% during the month of July, performing in line with the 3-month Treasury Bill Index. The following points summarize returns for the period ending July 31: • The Liquid portfolio performed in line with the benchmark for the month. • For the twelve-month period, the Liquid portfolio returned 1.09%, outperforming the benchmark by 12 basis points. • Use of higher yielding securities such as commercial paper and short-term notes contributed to performance. "2003 COP Proceeds -Future Construction" Portfolio The COP Proceeds portfolio that PIM CO manages on behalf of Orange County Sanitation District generated a total return of 0.12% during the month of July, performing in line with the 3-month Treasury Bill Index. The following points summarize returns for the period ending July 31: • The COP Proceeds portfolio performed in line with the benchmark for the month. • Use of higher yielding securities such as commercial paper and short-term notes contributed to performance. Outlook and Strategy: The global economy, propped up for the last several years by low interest rates and considerable government and consumer borrowing in the U.S., is perched on a tightrope. Deflation (ice) and inflation (fire) are on either side of the wire. In this leveraged world, conditions for instability that could tip the walker in one direction will accelerate over the next three to five years. Momentum swings will supplant the more durable economic trends witnessed during recent periods of disinflation (1980-2000) or inflation (1965-1979). U.S. real growth will stabilize near 2% over the current secular period, with Europe and Japan near that level. The benchmark 10-year Treasury yield looks fairly valued for now and is unlikely to climb much above 5% in the near term. The following are risks that could tilt the wirewalker in one direction or another: • More Government. More Inflation -Emphasis on the private sector in 1980-2000 promoted disinflation, but history suggests that as government spending climbs as a share of GDP, inflation and interest rates tend to rise. Early indicators of a coming "bull market in government" are: large fiscal deficits, litigation across the securities industry, implementation of Sarbanes-Oxley over the entire corporate sector; imposition of steel and lumber tariffs, higher military spending to combat terrorism and Homeland Security measures. • Policy Mistakes -A leveraged U.S. economy is wlnerable to policy mistakes by a Federal Reserve that is no longer proactive in battling inflation but instead reactive to economic data. Leaving rates too low for too long may have fueled inflation and created bubbles in housing, stocks and bonds, but raising them too quickly would eventually force a painful retrenchment by the overextended U.S. consumer. • Imbalances In Trade and Finance -Asian central banks provide much of the financing for the U.S. fiscal and trade deficits. To date, playing banker to the U.S. has suited China and Japan's political agenda, which is to Mr. Mike White, CPA Orange County Sanitation District August 16, 2004 Page4 keep their currencies cheap to support internal growth. A change in China's agenda sparked, for example, by a geopolitical shock over North Korea or Taiwan would mean a pullback in their purchases of Treasuries, higher interest rates and a plunge in the dollar. • Geopolitical Risks -America is stretched geopolitically as well as financially. A seemingly endless struggle against terrorism worldwide, accompanied by constraints on travel and trade, will be a persistent threat to consumer confidence and spending. We will position the portfolios for a mildly bearish environment for U.S. bonds and continued overvaluation of core bond sectors. We plan to retain our exposure to the mortgage sector to benefit from structural yield advantage and high credit quality, while limiting exposure to corporate bonds where rich valuations offer small compensation for credit risk. We intend to continue holding TIPS which hedge against secular inflation risk and are less volatile than nominal bonds in a rising rate environment. We plan to target duration modestly below index in case rates continue to trend higher, with an emphasis on short/intermediate maturities. We look forward to discussing these and other topics with you in the near future. Best regards, Christine Telish, CF A Vice President John M. Miller, CF A Senior Vice President Orange County Sanitation District for the month ending July 31, 2004 Total Return Account -203 Market Value Book Value Yield to Maturity Short Term Account -603 Market Value Book Value Yield to Maturity With Accrued Interest 359,683,422 356,615,810 3.39 With Accrued Interest 112,512,489 112,398,958 1.42 2003 COP Proceeds -Future Construction -2203 Market Value Book Value Yield to Maturity With Accrued Interest 13,041,947 13,006,887 1.26 Without Accrued Interest 357,062, 120 353,994,508 3.41 Without Accrued Interest 112,344,048 112,230,517 1.45 Without Accrued Interest 13,035,463 13,000,403 1.26 MUNTHL Y K~l'UKT ORANGE COUNTY SANITATION DISTRICT INVESTMENT MANAGEMENT PROGRAM PIMCO'S PERFORMANCE MONITORING & REPORTING (for the month ended 31 July 2004) Liq11id Operati11g Mo11ies (603) 15.1.1 PORTFOLIO COST AND MARKET VALUE Current Market Value Estimate: • PIM CO • Mellon Historical Cost: • PIM CO • Mellon 15.1.2 MODIFIED DURATION Of Portfolio: Of Index: 15.1.3 1% INTEREST RATE CHANGE Dollar Impact (gain/loss) of 1% Change: 15.1.4 REVERSE REPOS % of Portfolio in Reverse Repos: (see attached schedule) I 5.1.5 PORTFOLIO MATURITY % of Portfolio Maturing within 90 days: 15.1.6 PORTFOLIO QUALITY Average Portfolio Credit Quality: 15.1. 7 SECURITIES BELOW "A" RA TING % of Portfolio Below "A": 15.1.8 INVESTMENT POLICY COMPLIANCE "In Compliance" 15.1.9 PORTFOLIO PERFORMANCE Total Rate of Return (%) by Period: I Month: 3 Months: 12 Months: Fiscal Year-to-Date: Co111111e11tary • The Liquid portfolio performed in line with the benchmark for the month. and outperformed the benchmark by 12 basis points over the last 12 months. • PIMCO's emphasis on higher yielding securities such as commercial paper and short-tenn notes contributed to performance. ll:\dtpt\fin\220\gtgglr\F A HR\LIQ0800·04·07.RPT.doc Page 1of1 $112.512.489 $112.500.912 $112.398, 958 $112.515.336 0.07 0.20 $78,759 0% 100% "AAA'' 0% Yes Portfolio Index 0.10 0.IO 0.29 0.26 1.09 0.97 0.10 0.10 MONTHLY REPORT ORANGE COUNTY SANITATION DISTRICT INVESTMENT MANAGEMENT PROGRAM PIMCO'S PERFORMANCE MONITORING & REPORTING (for the month ended 31July200.J) Lo11g-Term Operati11g Mo11ies (203) 15.1.1 PORTFOLIO COST AND MARKET VALUE Current Market Value Estimate: • PIMCO • Mellon Historical Cost: • PIMCO • Mellon 15.1.2 MODIFIED DURATION Of Portfolio: Of Index: 15.1.3 I% INTEREST RATE CHANGE Dollar Impact (gain/loss) of 1% Change: 15.1.4 REVERSE REPOS % of Portfolio in Reverse Repos: (see attached schedule) 15.1.5 PORTFOLIO MATURITY % of Portfolio Maturing within 90 days: 15.1.6 PORTFOLIO QUALITY Average Portfolio Credit Oualitv: IS.I. 7 SECURITIES BELOW "A" RATING % of Portfolio Below "A": 15.1.8 INVESTMENT POLICY COMPLIANCE "In Compliance" 15.1.9 PORTFOLIO PERFORMANCE Total Rate of Return(%) by Period: J Month: 3 Months: 12 Months: Fiscal Year-to-Date: • The Long-Term portfolio outperfom1ed the benchmark by 2 basis points for the month. and outperfom1ed the benchmark by 99 basis points over the last 12 months. Page 1 of2 $359.683.422 $359. 733.858 $356.615.810 $358.417,588 2.27 2.46 $8.164.814 0% 3% AAA 0% No* Portfolio Index 0.60 0.58 0.70 0.42 3.28 2.29 0.60 0.58 • Portfolio duration. below the index. was largely neutral for monthly perfonnance as rates rose across slightly on shorter maturities while rates fell slightly on intennediate and longer maturities. • Yield curve positioning similar to that of the index was neutral for performance. • An underweight exposure to corporates was negative for perfonnance. as corporates outperfonned Treasuries on a duration-adjusted basis. • Exposure to mortgage-backed securities was positive for relati\'e perfonnance as the sector outperfom1ed Treasuries on a duration-adjusted basis. • Substituting Treasury lntlation Protected Securities for nominal Treasuries was slightly negative for perfom1ance as TIPS lagged their nominal counterparts during the month. *Compliance Issues: MONTHLY REPORT ORANGE COUNTY SANITATION DISTRICT INVESTMENT MANAGEMENT PROGRAM PIMCO'S PERFORMANCE MONITORING & REPORTING (for the month ended 31 July 2004) Page 2of2 Sl,600.000 par of United Airlines <UAL> Pass-Through 2001-1-C (Enhanced Equipment Trust Certificate CEETC)-909317BC2l, 6.831% coupon, 3/01/2010 maturity, representing 0.44% of the portfolio holdings on a par basis was purchased on 8/ I 0/200 I; and subsequently downgraded by Moody's from A3 to BA I (on 9118/200 I) and S&P from A-to BBB (on 9/20/200 I). The security was further downgraded by Moody's from BA I to BA3 (on 12/21 /200 l) and by S&P from BBB to BB (on 6/28/02). Following news of the possible bankruptcy filing, the security was further downgraded in August (B3 Moody's, B+ by S&P). On November 29. 2002. S&P further downgraded this issue to B, and shortly thereafter on December 9, 2002, downgraded the issue one notch further to B-. On August 7. 2003, S&P downgraded the issue to CCC+, while Moody's followed suit on August 28, 2003 with a downgrade to CA. Both rating agencies have since withdrawn their ratings (Moody's withdrew in February 2004 and S & P withdrew in June 2004). The District's investment policy requires a minimum rating of A3 by Moody's or A-by S&P, with at least a BBB rating in the event of a split. UAL recently told a bankruptcy court that it would no longer contribute to its four union pension plans during its Chapter 11 reorganization. UAL said that it needed more flexibility to manage its resources and attract potential investors. Most experts agree any equity investors will not sign on unless pension liabilities are eliminated or drastically restructured. According to Fitch Ratings, UAL plans are underfunded by an industry-leading $6.2 billion. The company has said it must take months to resolve. But the move to suspend nearly $500 million in contributions this fall after deferring a $72 million payment in July alanned employees and federal pension insurers that UAL was maneuvering to do just that. PIMCO continues to negotiate with United on behalf of the District and currently leads an ad hoc committee. This has been an extremely complicated effort due to the complex nature of United's bankruptcy. These negotiations have required PIMCO's analysts access to non-public infonnation and they are now at a point in these workout negotiations where restructuring options are being discussed. Details on the options are non-public infonnation and therefore sharing the results with parties become restricted. In light of this extremely complicated bankruptcy, PIMCO continues to strive to act in the most prudent manner to obtain maximum recovery. Mortgaged Backed Securities and Asset Back Securities Combined-The District's investment policy limits holdings of these securities to 20 percent. As of July 3 I. 2004. exposure was at 21.35 percent as a result of the $31 million cash withdrawal on Friday, July 30, 2004. This exposure was reduced to 18.88. below the 20 percent limit. on August 2, 2004 through the sale of mortgage securities. Split Rated Securities Still In Compliance: The District's investment policy requires a minimum rating of A3 by Moody's or A-by S&P, with at least a BBB in the event of a split rating. • $1,000,000 par of Ford Motor Credit securities (cusip 345397GV9 maturing 5/15/05), representing 0.28% of the portfolio holdings on a par basis (exposure was reduced in July 2004 as $2.8 million par matured). The securities were downgraded on 10/16/2001 by S&P from A to BBB+, then to BBB on 10/25/02. and then to BBB-on 11/13/03. Moody's downgraded the securities on I I 16102 from A2 to A3. • $3.000.000 par of General Motors Acceptance Corp securities (cusip 370425SD3) maturing on August 28, 2007. representing 0.83% of the portfolio holdings on a par basis. The securities were downgraded on 10/16/2001 by S&P from A to BBB+. and a further downgrade to BBB occurring on 10/16/2002. The securities now carry a Moody's rating of A3 after a further downgrade from A2 on 6/14/03. • $I, 750.000 par of Virginia Electric Power NT securities ( cusip 927804ENO), maturing in 2006. represents 0.49% of the portfolio holdings on a par basis. The security was downgraded on 10/21/2002 by S&P from A-to BBB+. but continues to carry a Moody's rating of A3. H:\dept\ji11\110\geggle\F AHR\L-TOB00-04-07. RPT. doc UQUID OPER-P.lMCO -OCSF07511102 Description CASH & CASH EQUIVALENTS U.S. DOLLAR INTEREST CERTIFICATES OF DEPOSIT-DOMESTIC COMMERCIAL PAPER -DISCOUNT FED HM LOAN BNK -LESS THAN 1 YR FEDERAL HOME LOAN MORTGAGE -LESS THAN 1 FNMA ISSUES -LESS THAN 1 YR MUTUAL FUNDS REPURCHASE AGREEMENTS TREASURY BILLS -LESS THAN 1 YR U.S. DOLLAR CASH & CASH EQUIVALENTS FIXED INCOME SECURITIES U.S. DOLLAR BANKING & FINANCE TOT AL ASSETS -BASE: Asset Summary by Asset Type with Sectors 7/31/2004 Cost Shares Par Base 284,819.56 2,200,000.000 2,200,000.00 3,000,000.000 2,989,360.00 18,000,000.000 17,937 ,723.28 22,500,000.000 22,422,007.36 20 ,000 ,000 .000 19,941, 122.55 163, 137.210 163,137.21 10,200,000.000 10,200,000.00 35,900,000.000 35,761,620.53 111,963,137.210 111,899, 790.49 111,963,137.210 111,899, 790.49 600,000.000 615,546.00 112,563, 137 .210 ~~~~~~~~- 1 Report ID: GL825 l Base Currency: USD Alternate Base Currency: Exchange Rate: Market Value Base 284,819.56 2,200,000.00 2,989,360.00 17 ,937. 723 .28 22,422,007.36 19,941,122.55 163, 137.21 10,200,000.00 35,761,620.53 111,899, 790.49 111,899, 790.49 601,122.00 112,500,912.49 Status: FINAL % of Total 0.25% 1.96% 2.66% 15.94% 19.93% 17.73% 0.15% 9.07% 31.79% 99.47% 99.47% 0.53% 100.00% Net Unrealized Gain/Loss Base 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -14,424.00 -14,424.00 Workbench Asset Summary Report ID: GL8251 • Base Currency: USD by Asset Type with Sectors Alternate Base Currency: Exchange Rate: LONG TERM OPER-PIMCO • OCSF07522202 7/31/2004 Status: FINAL Net Unrealized Cost Market Value % of Gain/Loss Description Shares Par Base Base Total Base CASH & CASH EQUIVALENTS U.S. DOLLAR CASH -28,065.25 -28,065.25 -0.01% 0.00 PENDING TRADES -15,035,675.33 -15,035,675.33 -4.18% 0.00 INTEREST 2,947,074.90 2,947,074.90 0.82% 0.00 COMMERCIAL PAPER -DISCOUNT 500,000.000 497,249.58 497,249.58 0.14% 0.00 FEDERAL HOME LOAN MORTGAGE -LESS THAN 1 400,000.000 397,784.56 397,784.56 0.11% 0.00 MUTUAL FUNDS 1,038,414.300 1,038,414.30 1,038,414.30 0.29<?1o 0.00 U.S. DOLLAR 1,938,414.300 ·10,183,217.24 ·10,183,217.24 -2.83% 0.00 CASH & CASH EQUIVALENTS 1,938,414.300 -10,183,217.24 -10,183,217.24 -2.83% 0.00 FIXED INCOME SECURITIES U.S. DOLLAR ABS -AIRPLANE RECEIVABLES 1,600,000.000 1,600,000.00 153,760.00 0.04% -1,446,240.00 ABS -HOME EQUITY 849,354.680 849,354.68 845,638.75 0.24% -3,715.93 BANKING & FINANCE 15,500,000.000 15,582,333.00 15,738,336.00 4.37~/o 156,003.00 COLLATERALIZED MORTGAGE OBLIGATION 2,069,684.500 2,069,684.50 2,216,218.16 0.62% 146,533.66 FHLMC MULTICLASS 915,894.740 916,870.47 916,581.66 0.25% -288.81 FHLMC POOLS 66,694.020 65,068.34 68,460.16 0.02% 3,391.82 FNMA POOLS 59, 779,831.880 60,655,783.91 60,536, 106.08 16.83% -119,677.83 FNMA REMIC 900,000.000 918,000.00 903,521.88 0.25% -14,478.12 GNMA MULTI FAMILY POOLS 4,354,614.270 4,330,232.97 4,357,866.57 1.21% 27,633.60 GNMA SINGLE FAMILY POOLS 7 ,415,376.220 7 ,466,454.33 7 ,683,300.04 2.14% 216,845.71 INFLATION INDEXED SECURITIES 35,204, l 10.000 35,221,029. 79 38,518,716.00 10.71% 3,297,686.21 INSURANCE 1,600,000.000 1,594,032.00 1,664,240.00 0.46% 70,208.00 PVT PLACEMENTS -MORE THN 1 YR 752,000.000 826,199.84 826,199.84 0.23% 0.00 U.S. AGENCIES 33,968,109.540 34,935,707.60 35,226, 182.27 9.79% 290,474.67 U.S. GOVERNMENTS 194,260,886.080 196,875,683.81 195,400,055.58 54.32% -1,475,628.23 UTILITY -ELECTRIC 4,750,000.000 4,694,370.00 4,861,892.50 1.35% 167,522.50 U.S. DOLLAR 363, 986,555. 930 368,600,805.24 369,917,075.49 102.83% 1,316,270.25 FIXED INCOME SECURITIES 363, 986,555. 930 368,600,805.24 369,917,075.49 102.83% 1,316,270.25 1 Workbench LONG TERM OPER-PIMCO -OCSF07522202 Description TOTAL ASSETS -BASE: Asset Summary by Asset Type with Sectors 7/31/2004 Cost Shares Par Base Report ID: GL825 l Base Currency: USD Alternate Base Currency: Exchange Rate: Status: FINAL Market Value Base % of Total Net Unrealized Gain/Loss Base 365,924,970.230 ___ 3_s_s_,4_1_7_,s_s_s_.o_o ___ 3_S_9,_7_3_3,_s_ss_._2_s 100.00% 1,316,270.25 ------- 2 Workbench YLDANAL YIELD ANALYSIS PAGE 1 OCSF07511102 2004/07/31 RUN DATE 08/05/04 DISTRICT: LIQUID OPERATING RUN TIME 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- CASH & CASH EQUIVALENTS 6,300,000.00 FEDERAL HOME LN BKS CONS DISC .ooo .ooo P-1 99 .694 6,280,708.53 5.62 313384E39 MAT 09/01/2004 A-1+ 6,280,708.53 5.60 11,700,000.00 FEDERAL HOME LN BKS CONS DISC .ooo .ooo P-1 99.633 11, 657, 014. 75 10.44 313384K73 A-1+ 11, 657, 014. 75 10.39 12,500,000.00 FEDERAL HOME LN MTG CORP DISC .ooo .ooo P-1 99.728 12,466,006.25 11.16 313396B51 MAT 08/10/2004 A-1+ 12,466,006.25 11.11 100,000.00 FEDERAL HOME LN MTG CORP DISC .ooo .ooo P-1 99.697 99,696.67 .08 313396E25 MAT 08/31/2004 A-1+ 99,696.67 .09 5,900,000.00 FEDERAL HOME LN MTG CORP DISC .ooo .ooo P-1 99.549 5,873,384.44 5.26 313396F73 MAT 09/13/2004 A-1+ 5 1 873 1 384.44 5.23 4,000,000.00 FEDERAL HOME LN MTG CORP DISC .ooo .ooo P-1 99.573 3,982,920.00 3.56 313396822 MAT 09/24/2004 A-1+ 3,982,920.00 3.55 2,300,000.00 FEDERAL NATL MTG ASSN DISCOUNT .ooo .ooo P-1 99.734 2,293,876.25 2.05 313588A70 MAT 08/04/2004 A-1+ 2,293,876.25 2.04 8,100,000.00 FEDERAL NATL MTG ASSN DISCOUNT .ooo .ooo P-1 99.708 8 1 674,599.63 7. 77 313588C52 MAT 08/18/2004 A-1+ 8,674,599.63 7. 73 3,000,000.00 FEDERAL NATL MTG ASSN DISCOUNT .ooo .ooo P-1 99.705 2,991,150.00 2.67 313588D44 MAT 08/25/2004 A-1+ 2,991,150.00 2.67 6,000,000.00 FEDERAL NATL MTG ASSN DISCOUNT .ooo .ooo P-1 99.692 S,981,496.67 5.35 313588E35 MAT 09/01/2004 A-1+ 5,981,496.67 5.33 J,000,000.00 GENERAL ELEC CAP DISC .ooo .ooo P-1 99.645 2,989,360.00 2.67 36959HHR1 08/25/2004 2,989,360.00 2.66 29,100,000.00 U S TREASURY BILL .ooo .ooo P-1 99.553 27,974,320.78 25.06 912795QW4 DUE 08/05/2004 DD 02/05/2004 A-1+ 27,974,320.78 24.93 5 1 600,000.00 U S TREASURY BILL .ooo .ooo P-1 99.897 5,594 1 228.89 5.01 912795QZ7 DUE 08/26/2004 DD 02/26/2004 A-1+ 5,594,228.89 4.99 2,200,000.00 US TREASURY BILL .ooo .ooo P-1 99.685 2,193,070.86 1.96 912795RB9 0.000% 09/09/2004 DD 03/11/04 A-1+ 2I1931010 • 86 1.95 YLDANAL OCSF07511102 DISTRICTS LIQUID OPERATING YIELD ANALYSIS 2004/07/31 PAGE RUN DATE RUN TIME 2 08/05/04 15 .14. 37 ============================================================================================================================= PAR VALUE SECURITY ID SECURITY DESCRIPTION ---------------------------------------------- 2,000,000.00 WELLS FARGO BK NA INSTL C/D 9497POZ38 1.370% 08/25/2004 DD 07/22/04 200,000.00 WELLS FARGO BANK NA INSTL C/D 9497POZ53 1.370% 08/24/2004 DD 07/20/04 10,200,000.00 CREDIT SUISSE FB REPO 99423L666 01.260% 08/02/2004 DD 07/30/04 163,137.21 DREYFUS TREASURY CASH MGMT 996085247 TOTAL CASH & CASH EQUIVALENTS FIXED INCOME SECURITIES 600,000.00 NATIONSBANK CORP 638585AJ8 7.750% 08/15/2004 TOTAL FIXED INCOME SECURITIES TOTAL YTM AT CURRENT BOOK YIELD -------------- .ooo 1.370 .ooo 1.370 .ooo 1.260 .ooo 1.009 ---------------.ooo .033 .ooo 7.736 .ooo 7.736 .ooo .037 MOODY S-P ------- AAA AAA AAl A MARKET PRICE -------- 100.000 100.000 100.000 100.000 100.187 TOTAL COST/ MARKET VALUE ------------ 2,000,000.00 2,000,000.00 200,000.00 200,000.00 10,200,000.00 10,200,000.00 163,137.21 163,137.21 -----------------111,614,970.93 111,614,970.93 615,546.00 601,122.00 615,546.00 601,122.00 112,230,516.93 112,216,092.93 ================= % TYPE % TOTAL ---------- 1. 79 1. 78 .17 .18 9.13 9.09 .14 .15 ---------100.00 99.47 100.00 .54 100.00 .54 100.00 100.00 ========= YLDANAL YIELD ANALYSIS PAGE 3 OCSF07522202 2004/07/31 RUN DATE 08/05/04 DISTRICT I LONG-TERM OPERATING RUN TIME 15.14.37 ==================================--========================================================================================== PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- CASH & CASH EQUIVALENTS 400,000.00 FEDERAL HOME LN MTG CORP DISC .ooo .ooo P-1 99.446 397,784.56 20.57 313396Q71 MAT 11/24/2004 A-1+ 397,784.56 .11 500,000.00 GENERAL ELEC CAP DISC .ooo .ooo P-1 99.450 497,249.58 25. 71 36959HLGO 11/16/2004 497,249.58 .13 1,038,414.30 DREYFUS TREASURY CASH MGMT .ooo 1.009 AAA 100.000 1,038,414.30 53.70 996085247 AAA 1,038,414.30 .28 -----------------------------------------TOTAL CASH & CASH EQUIVALENTS .ooo .325 1,933,448.44 100.00 1,933,448.44 .52 FIXED INCOME SECURITIES 752,000.00 AIG SUNAMERICA GLOBAL REG S .ooo 5.325 109.867 826,199.84 .22 U00907AAO 5.850% 08/01/2008 DD 08/08/01 826,199.84 .22 22,000,000.00 COMMIT TO PUR FNMA SF MTG .ooo 4.965 AAA 100.695 22,092,812.50 5.98 01F050486 5.000% 08/01/2019 DD 08/01/04 AAA 22,152,968.20 5.96 3,000,000.00 COMMIT TO PUR FNMA SF MTG .ooo 5.488 AAA 100.227 2,996,015.62 .81 01F052680 5.500% 08/01/2034 DD 08/01/04 AAA 3,006,796.80 .e1 1,500,000.00 CIT GROUP INC NEW SR NT .ooo 5.247 A2 104.828 1,527,135.00 .42 125581ADO 5.500% 11/30/2007 DD 12/02/02 A 1,572,420.00 .42 1,400,000.00 COMMIT TO PUR GNMA II .ooo 3.507 AAA 99.813 1,399,125.00 .37 168032688 VAR RT 08/20/2033 DD 08/01/03 AAA 1,397,375.00 .38 3,500,000.00 FEDERAL HOME LN BK CONS BOS .ooo 6.937 AAA 102.707 3,732,225.00 .97 3133MAUN7 7.125% 02/15/2005 DD 02/08/00 AAA 3,594,730.65 .97 66,694.02 FHLMC GROUP f 78-6064 .ooo 3.300 AAA 102.648 65,068.34 .01 31348SWZ3 6.384% 01/01/2028 DD 12/01/97 AAA 68,460.16 .02 11,350,000.00 FEDERAL NATL MTG ASSN DEBS .ooo 5.029 AAA 104.389 11,521,271.50 3.20 31359MJX2 5.250% 06/15/2006 DD 06/22/01 AAA 11,848,174.20 3.19 718,237.70 FNMA POOL f 0254510 .ooo 4.947 AAA 101. 070 739,784.83 .19 31371KVB4 5.000% 11/01/2017 DD 10/01/02 AAA 725,925.07 .20 YLDANAL YIELD ANALYSIS PAGE 4 OCSF07522202 2004/07/31 RUN DATE : 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME 15.14.37 ~============================================================================================================================ PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 154,697.72 FNMA POOL 10254631 .ooo 4.947 AAA 101. 070 159,338.66 .04 31371KY47 5.000% 02/01/2018 DD 01/01/03 AAA 156,353.47 .04 138,492.18 FNMA POOL 10254760 .ooo 4.949 AAA 101.039 142,646.93 .03 31371K5V9 5.000% 06/01/2018 DD 05/01/03 AAA 139,931.20 .04 61,878.99 FNMA POOL 10254866 .ooo 4.949 AAA 101.039 63,735.37 .01 31371LCB3 5.000% 09/01/2018 DD 08/01/03 AAA 62,521.95 .02 326,737.74 FNMA POOL 10254953 .ooo 4.952 AAA 100.977 330,924.08 .08 31371LE21 5.000% 11/01/2018 DD 10/01/03 AAA 329,928.53 .09 883,800.62 FNMA POOL f 0254987 .ooo 4.951 AAA 100.991 895,124.31 .24 31371LF46 5.000% 12/01/2018 DD 11/01/03 AAA 892,560.34 .24 164,597.06 FNMA POOL f 0323980 .ooo 5. 727 AAA 104. 773 171,849.61 .04 31374T2MO 6.000% 04/01/2014 DD 09/01/99 AAA 172,454.00 .OS 26,257.84 FNMA POOL 10357328 .ooo 4.948 AAA 101.049 27,045.57 .oo 31376J4M8 5.000% 01/01/2018 DD 01/01/03 AAA 26,533.34 .01 1,392,900.76 FNMA POOL 10357430 .ooo 4.949 AAA 101.039 1,408,570.90 .38 31376KA71 5.000% 09/01/2018 DD 09/01/03 AAA 1,407,373.83 .38 50,087.78 FNMA POOL 10456482 .ooo 5.727 AAA 104. 773 52,294.76 .01 31381CCT2 6.000% 02/01/2014 DD 02/01/99 AAA 52,478.69 .01 121,805.20 FNMA POOL 10509649 .ooo 5.727 AAA 104. 773 133,436.62 .03 31383QEWO 6.000% 09/01/2014 DD 09/01/99 AAA 133,905.90 .04 129,442.37 FNMA POOL 10535451 .ooo 5.733 AAA 104.648 135,145.92 .03 31384VZQ8 6.000% 06/01/2015 DD 07/01/00 AAA 135,459.42 .04 2,771,890.45 FNMA POOL 10535672 .ooo 5.727 AAA 104.773 2,894,026.89 .78 31384WCB1 6.000% 01/01/2016 DD 12/01/00 AAA 2,904,204.98 .78 868,493.64 FNMA POOL 10545296 .ooo 5.737 AAA 104.586 906,761.64 .24 31385HXZO 6.000% 11/01/2016 DD 10/01/01 AAA 908,322.24 .24 71,754.40 FNMA POOL #0545580 .ooo S.737 AAA 104.586 74,916.07 .02 31385JCR7 6.000% 03/01/2017 DD 03/01/02 AAA 75,045.01 .02 135,708.77 FNMA POOL 10555101 .ooo 5.737 AAA 104.586 141,688.43 .03 31385WU23 6.000% 10/01/2017 DD 11/01/02 AAA 141,932.29 .04 YLDANAL YIELD ANALYSIS PAGE 5 OCSF07522202 2004/07/31 RUN DATE 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 329,424.34 FNMA POOL 10555363 .ooo 4.947 AAA 101.070 339,307.06 .09 31385W5Yl 5.000% 04/01/2018 DD 03/01/03 AAA 332,950.20 .09 33,963.82 FNMA POOL 10555453 .ooo 4.947 AAA 101.070 34,398.98 .oo 31385XBW6 5.000% 05/01/2018 DD 04/01/03 AAA 34,327.34 .01 273,080.28 FNMA POOL f0555545 .ooo 4.947 AAA 101. 070 281,272.70 .07 31385XES2 5.000% 06/01/2018 DD 05/01/03 AAA 276,003.09 .07 950,605.65 FNMA POOL 10555621 .ooo 4.951 AAA 100.991 961,299.96 .25 31385XG68 5.000% 07/01/2018 DD 06/01/03 AAA 960,027.50 .26 52,788.50 FNMA POOL 10576386 .ooo 5.746 AAA 104.423 55,114.50 .01 31386XJ72 6.000% 05/01/2016 DD 05/01/01 AAA 55,123.24 .01 109, 801.59 FNMA POOL 10576739 .ooo 5.737 AAA 104.586 114,639.72 .03 31386XV86 6.000% 04/01/2016 DD 04/01/01 AAA 114,837.03 .03 180, 101. 22 FNMA POOL 10580888 .ooo 5.737 AAA 104.586 188,036.91 .05 31387DJ91 6.000% 05/01/2016 DD 05/01/01 AAA 188,360.55 .05 150,564.17 FNMA POOL 10594002 .ooo 5.737 AAA 104.586 157,198.39 .04 31387T3K8 6.000% 07/01/2016 DD 07/01/01 AAA 157,468.95 .04 210,279.02 FNMA POOL 10597376 .ooo 5.737 AAA 104.586 219,544.44 .OS 31387XT96 6.000% 09/01/2016 DD 08/01/01 AAA 219,922.29 .06 123,939.98 FNMA POOL f 0605259 .ooo 5.737 AAA 104.586 129 ,401.09 .03 31388HMG1 6.000% 09/01/2016 DD 09/01/01 AAA 129,623.79 .03 75,782.24 FNMA POOL 10608366 .ooo 5.737 AAA 104.586 79, 121. 38 .02 31388LZ78 6.000% 10/01/2016 DD 09/01/01 AAA 79,257.57 .02 165,485.76 FNMA POOL 10616734 .ooo 5.737 AAA 104.586 172,777.47 .04 31388WEF9 6.000% 12/01/2016 DD 12/01/01 AAA 173,074.84 .OS 147,340.04 FNMA POOL 10630812 .ooo 5.745 AAA 104.440 153,832.21 .04 31389NYB2 6.000% 02/01/2017 DD 02/01/02 AAA 153,881.40 .04 676,045.45 FNMA POOL 10632376 .ooo 5.737 AAA 104.586 705,833.72 .19 31389QQ50 6.000% 07/01/2017 DD 07/01/02 AAA 707,048.49 .19 356,073.14 FNMA POOL f 0653116 .ooo 5.737 AAA 104.586 371, 762 .61 .10 31390QSD8 6.000% 07/01/2017 DD 07/01/02 AAA 372,402.44 .10 YLDANAL YIELD ANALYSIS PAGE 6 OCSF07522202 2004/07 Ill RUN DATE 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 169,719.72 FNMA POOL 10673280 .ooo 5.737 AAA 104.586 177,197.99 .04 31391P6R2 6.000% 08/01/2017 DD 11/01/02 AAA 177,502.96 .05 507,743.98 FNMA POOL 10681309 .ooo 4.947 AAA 101.070 522,976.29 .13 31391Y3S4 5.000% 02/01/2018 DD 02/01/03 AAA 513,178.41 .14 61,505.14 FNMA POOL 10681334 .ooo 4.947 AAA 101.070 63,350.29 .01 31391Y4Tl 5.000% 02/01/2018 DD 01/01/03 AAA 62,163.44 .02 900,000.00 FNMA GTD REMIC P/T 02-76 PD .ooo 4.981 AAA 100.391 918,000.00 .24 31392FKF3 5.000% 08/25/2022 DD 10/01/02 AAA 903,521.88 .24 319,521.13 FNMA POOL 10684908 .ooo 4.947 AAA 101.070 323,615.00 .09 31400D3Rl 5.000% 06/01/2018 DD 05/01/03 AAA 322,941.00 .09 180, 772. 60 FNMA POOL 10685200 .ooo 4.947 AAA 101. 070 183,088.76 .04 31400EGH7 5.000% 03/01/2018 DD 03/01/03 AAA 182,707.43 .05 31,513.03 FNMA POOL 10685665 .ooo 4.947 AAA 101.070 32,458.43 .oo 31400EW22 S.000% 02/01/2018 DD 02/01/03 AAA 31,850.32 .01 268,355.54 FNMA POOL #0686318 .ooo 4.947 AAA 101.070 276,406.21 .07 31400FPB7 5.000% 03/01/2018 DD 03/01/03 AAA 271,227.78 .07 105,409.33 FNMA POOL 10688739 .ooo 4.949 AAA 101. 039 108,571.61 .02 31400JEL9 5.000% 06/01/2018 DD 06/01/03 AAA 106,504.60 .03 85,303.03 FNMA POOL 10689859 .ooo 4.949 AAA 101.039 86,395.98 .02 31400KMG8 5.000% 05/01/2018 DD 05/01/03 AAA 86,189.38 .02 611,096.94 FNMA POOL 10693834 .ooo 4.947 AAA 101.070 629,429.84 .16 31400PY74 5.000% 03/01/2018 DD 03/01/03 AAA 617,637.57 .11 218,033.63 FNMA POOL 10695852 .ooo 4.949 AAA 101.039 224,574.64 .OS 31400SBVO 5.000% 05/01/2018 DD 05/01/03 AAA 220,299.13 .06 729,471.84 FNMA POOL 10695889 .ooo 4.949 AAA 101.039 751,356.00 .19 31400SC23 S.000% 05/01/2018 DD 05/01/03 AAA 737,051.49 .20 23,124.96 FNMA POOL 10697026 .ooo 4.947 AAA 101. 070 23,818.73 .oo 31400TLF2 5.000% 05/01/2018 DD 04/01/03 AAA 23,372.47 .01 55,490.11 FNMA POOL #0698939 .ooo 5.730 AAA 104. 711 57,935.15 .01 31400VPY2 6.000% 09/01/2017 DD 03/01/03 AAA 58,104.22 .02 YLDANAL YIELD ANALYSIS PAGE 7 OCSF07522202 2004/07/31 RUN DATE 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 212,927.49 FNMA POOL 10702210 .ooo 4.951 AAA 100.991 219,315.31 .OS 31401ADP9 5.000% 05/01/2018 DD 05/01/03 AAA 215,037.90 .06 133,311.94 FNMA POOL 10702328 .ooo 4.947 AAA 101. 070 135,020.00 .03 31401ABD2 5.000% 05/01/2018 DD 04/01/03 AAA 134,738.79 .04 53,512.75 FNMA POOL 10703195 .ooo 5.720 AAA 104.898 55,870.66 .01 31401BGC3 6.000% 01/01/2017 DD 04/01/03 AAA 56,134.04 .02 276,156.48 FNMA POOL 10709148 .ooo 4.949 AAA 101.039 284,441.18 .01 31401BZM7 5.000% 06/01/2018 DD 06/01/03 AAA 279,025.91 .08 636,500.30 FNMA POOL 10709360 .ooo 4.949 AAA 101. 039 644,655.47 .17 31401JB56 5.000% 07/01/2018 DD 06/01/03 AAA 643,113.92 .17 106,303.30 FNMA POOL 10709826 .ooo 4.949 AAA 101.039 107,665.31 .02 31401JSP4 5.000% 06/01/2018 DD 06/01/03 AAA 107,407.86 .03 224,761.35 FNMA POOL 10709917 .ooo 4 .949 AAA 101.039 227,641.10 .06 31401JVJ4 5.000% 06/01/2018 DD 06/01/03 AAA 227,096.76 .06 20, 511.14 FNMA POOL 10709963 .ooo 4.951 AAA 100.991 20,773.95 .oo 31401JWYO 5.000% 06/01/2018 DD 06/01/03 AAA 20,714.43 .01 616,632.90 FNMA POOL 10710235 .ooo 4.949 AAA 101.039 635, 131.90 .16 31401KBC8 5.000% 06/01/2018 DD 06/01/03 AAA 623,040.09 .17 16, 532. 31 FNMA POOL 10713344 .ooo 4.949 AAA 101.039 17,028.27 .oo 31401NP52 S.000% 06/01/2018 DD 06/01/03 AAA 16, 704 .09 .oo 263,045.52 FNMA POOL 10713365 .ooo 4.949 AAA 101. 039 266,415.79 .07 31401NQS1 5.000% 07/01/2018 DD 07/01/03 AAA 265,778.72 .01 734,547.60 FNMA POOL 10720319 .ooo 4.949 AAA 101.039 743,958.98 .20 31401WG45 S.000% 07/01/2018 DD 07/01/03 AAA 742,179.99 .20 2,116,008.84 FNMA POOL 10720369 .ooo 4.951 AAA 100.991 2,179,489.10 .57 31401WJNO 5.000% 06/01/2018 DD 06/01/03 AAA 2,136,981.49 .57 293,368.95 FNMA POOL 10721629 .ooo 4.949 AAA 101.039 302, 170. 04 .08 31401XVW4 5.000% 07/01/2018 DD 06/01/03 AAA 296,417.23 .oe 235,162.33 FNMA POOL 10723487 .ooo 4.949 AAA 101.039 237,807.91 .06 31402AXQ4 5.000% 06/01/2018 DD 06/01/03 AAA 237,605.81 .06 YLDANAL YIELD ANALYSIS PAGE 8 OCSF07522202 2004/07/31 RUN DATE 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 400,044.05 FNMA POOL 10729601 .ooo 4.949 AAA 101. 039 405,169.61 .10 31402RRW3 5.000% 07/01/2018 DD 07/01/03 AAA 404,200.75 .11 35,612.78 FNMA POOL 10732873 .ooo 4.949 AAA 101.023 36,069.05 .oo 31402MFN5 5.000% 11/01/2018 DD 10/01/03 AAA 35,977.26 .01 665,036.87 FNMA POOL 10737130 .ooo 4.949 AAA 101.039 673,557.65 .18 31402S4P9 5.000% 10/01/2018 DD 10/01/03 AAA 671,947.00 .18 522,302.05 FNMA POOL 10738211 .ooo 4.951 AAA 100.991 528,994.06 .14 31402UDQ2 5.000% 10/01/2018 DD 10/01/03 AAA 527,478.80 .14 195,432.91 FNMA POOL 10738487 .ooo 4.952 AAA 100.977 197,936.89 .05 31402UNC2 S.000% 10/01/2018 DD 10/01/03 AAA 197' 341.43 .05 679,386.94 FNMA POOL 10740471 .ooo 4.951 AAA 100.991 688,091.57 .18 31402WT40 5.000% 10/01/2018 DD 10/01/03 AAA 686,120.63 .18 774,039.60 FNMA POOL 10740748 .ooo 4.949 AAA 101. 039 783,956.97 .21 31402W587 5.000% 10/01/2018 DD 11/01/03 AAA 782,082.34 .21 38,821. 72 FNMA POOL 10743868 .ooo 4.951 AAA 100.991 39,319.12 .01 31403BMR1 5.000% 11/01/2018 DD 10/01/03 AAA 39,206.50 .01 1 1 050,615.80 FNMA POOL 10744008 .ooo 4.949 AAA 101. 039 1,064,076.81 .28 31403BR54 5.000% 07/01/2018 DD 09/01/03 AAA 1,061,532.33 .29 156,172.64 FNMA POOL 10744316 .ooo 4.951 AAA 100.991 158,173.61 .04 31403B3Z4 5.000% 09/01/2018 DD 09/01/03 AAA 157,720.53 .04 351,076.64 FNMA POOL 10747914 .ooo 4.952 AAA 100.977 355,574.82 .09 31403F3XO 5.000% 11/01/2018 DD 11/01/03 AAA 354,505.11 .10 216,281.80 FNMA POOL 10748400 .ooo 4.951 AAA 100.991 219,052.91 .05 31403GNR9 S.000% 08/01/2018 DD 09/01/03 AAA 218,425.46 .06 940,870.99 FNMA POOL 10748899 .ooo 4.957 AAA 100.875 952,925.89 .25 31403G7LO 5.000% 12/01/2018 DD 11/01/03 AAA 949,103.61 .26 2,217,680.66 FNMA POOL 10750377 .ooo 4.957 AAA 100.875 2,246,094.70 .60 31403JUA2 S.000% 11/01/2018 DD 11/01/03 AAA 2,237,085.37 .60 1,933,324.96 FNMA POOL 10750380 .ooo 4.957 AAA 100.875 1,958,095.70 .52 31403JUD6 5.000% 11/01/2018 DD 11/01/03 AAA 1,950,241.55 .52 YLDANAL YIELD ANALYSIS PAGE 9 OCSF07522202 2004/07/31 RUN DATE : 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME : 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARlCET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARlCET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 169,603.45 FNMA POOL 10750445 .ooo 4.957 AAA 100.875 171, 776.50 .04 31403JWE2 5.000% 11/01/2018 DD 11/01/03 AAA 171,087.48 .05 815,680.56 FNMA POOL 10751960 .ooo 4.951 AAA 100.991 826, 131.48 .22 31403LMH1 5.000% 12/01/2018 DD 11/01/03 AAA 823,765.11 .22 885,994.67 FNMA POOL 10753425 .ooo 4.956 AAA 100.883 896,238.97 .24 31403NA23 5.000% 11/01/2018 DD 11/01/03 AAA 893,816.32 .24 603,227.16 FNMA POOL 10755165 .ooo 4.952 AAA 100.977 610,956.01 .16 31403Q6A3 5.000% 12/01/2018 DD 11/01/03 AAA 609,118.04 .16 964,223.03 FNMA POOL 10756372 .ooo 4.952 AAA 100.977 975, 371. 85 .26 31403SJR8 5.000% 11/01/2018 DD 11/01/03 AAA 973,639.25 .26 282,041.35 GNMA POOL 10596612 .ooo 6.196 AAA 104.906 296,011.20 .07 36200BYH4 6.500% 09/15/2032 DD 09/01/02 AAA 295,879.00 .08 765,540.34 GNMA POOL 10569358 .ooo 6.213 AAA 104.616 783,482.69 .21 36200QQK3 6.500% 04/15/2032 DD 04/01/02 AAA 800,878.19 .22 35, 211. 74 GNMA POOL 10569685 .ooo 6.190 AAA 105.000 36,955.82 .oo 36200Q2S2 6.500% 02/15/2032 DD 02/01/02 AAA 36,972.33 .01 61,153.72 GNMA POOL 10570019 .ooo 6.196 AAA 104.906 64,182.74 .01 36200RG48 6.500% 07/15/2032 DD 07/01/02 AAA 64,154.07 .02 341,534.07 GNMA POOL #0574323 .ooo 6.190 AAA 105.000 358,450.68 .09 36200WAY7 6.500% 12/15/2031 DD 12/01/01 AAA 358,610. 77 .10 28,384.53 GNMA POOL 10575364 .ooo 6.190 AAA 105.000 29,790.45 .oo 36200XFD6 6.500% 11/15/2031 DD 11/01/01 AAA 29,803.76 .01 14, 529. 38 GNMA POOL 10587117 .ooo 6.190 AAA 105.000 15,249.04 .oo 36201MG22 6.500% 06/15/2032 DD 06/01/02 AAA 15,255.85 .oo 46,261.56 GNMA POOL 10587439 .ooo 6.196 AAA 104.906 48,552.95 .01 36201MS45 6.500% 11/15/2032 DD 12/01/02 AAA 48,531.27 .01 u, 167 .58 GNMA POOL f0421389 .ooo 6.174 AAA 105.281 11,720.74 .oo 36206UC23 6.500% 04/15/2026 DD 04/01/96 AAA 11,757.37 .oo 20,030.35 GNMA POOL #0449851 .ooo 6.208 AAA 104.708 21,022.48 .oo 36208FWLO 6.500% 01/15/2028 DD 01/01/98 AAA 20,973.39 .01 YLDANAL YIELD ANALYSIS PAGE 10 OCSF07522202 2004/07/31 RUN DATE 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME : 15.14.37 =====================================--=============================================================~========================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 36,774.15 GNMA POOL 10466845 .ooo 6.178 AAA 105.219 38,595.62 .01 36209BTA6 6.500% 06/15/2028 DD 06/01/98 AAA 38,693.30 .01 112,113.75 GNMA POOL #0468052 .ooo 6.178 AAA 105.219 117,666.88 .03 36209C5M4 6.500% 07/15/2028 DD 07/01/98 AAA 117,964.69 .03 161,798.51 GNMA POOL 10476041 .ooo 6.178 AAA 105.219 169,559.79 .04 36209MZE7 6.500% 06/15/2028 DD 06/01/98 AAA 170,242.37 .05 121,527.69 GNMA POOL 10478626 .ooo 6.178 AAA 105.219 127,357.23 .03 36209QVT9 6.500% 01/15/2029 DD 01/01/99 AAA 127,869.92 .03 28,967.43 GNMA POOL 10480598 .ooo 6.178 AAA 105. 219 30,356.95 .oo 36209S3F6 6.500% 10/15/2028 DD 10/01/98 AAA 30,479.17 .01 336,953.47 GNMA POOL 10485527 .ooo 6.185 AAA 105.094 353,643.21 .09 36209YLG1 6.500% 06/15/2031 DD 06/01/01 AAA 354, 117 .04 .10 346,130.46 GNMA POOL 10485610 .ooo 6.185 AAA 105.094 363,274.74 .09 36209YN38 6.500% 07/15/2031 DD 07/01/01 AAA 363, 761.48 .10 66,779.51 GNMA POOL 10485682 .ooo 6.190 AAA 105.000 70,087.18 .01 36209YRB6 6.500% 08/15/2031 DD 08/01/01 AAA 70,118.49 .02 62,479.71 GNMA POOL f 0485703 .ooo 6.190 AAA 105.000 65,574.40 .01 36209YRY6 6.500% 08/15/2031 DD 08/01/01 AAA 65,603.70 .02 8,455.40 GNMA POOL 10512235 .ooo 6.181 AAA 105.156 8,874.20 .oo 36211GBC6 6.500% 11/15/2029 DD 11/01/99 AAA 8 1 891.38 .oo 121,798.57 GNMA POOL f 0514326 .ooo 6.181 AAA 105.156 127,641.09 .03 36211JLF2 6.500% 07/15/2029 DD 07/01/99 AAA 128,078.81 .03 31,119.50 GNMA POOL 10530053 .ooo 6.214 AAA 104.608 32,660.89 .oo 36212CZS3 6.500% 04/15/2031 DD 04/01/01 AAA 32,553.37 .01 92,476.55 GNMA POOL 10537885 .ooo 6.185 AAA 105.094 97,057.03 .02 36212MRE1 6.500% 02/15/2031 DD 02/01/01 AAA 97,187.07 .03 8,110.02 GNMA POOL 10547512 .ooo 6.185 AAA 105.094 8,574.70 .oo 36212YGV9 6.500% 04/15/2031 DD 04/01/01 AAA 8 1 586.18 .oo 72,626.80 GNMA POOL 10547715 .ooo 6.185 AAA 105.094 76I110 • 62 .02 36212YN82 6.500% 02/15/2031 DD 02/01/01 AAA 76,326.23 .02 I 1,11 i YLDANAL YIELD ANALYSIS PAGE 11 I 1'1 OCSF07522202 2004/07/31 RUN DATE 08/0S/04 DISTRICT& LONG-TERM OPERATING RUN TIME : lS.14.37 ====================~======================================================================================================== PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ ts TYPE I SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL , ,I I ------------------------------------------------------------------------------------------------- 53 1 173.26 GNMA POOL IOSS2322 .ooo 6.190 AAA 105.000 5S,807.00 .01 1\ 36213ESK3 6.500% 01/15/2032 DD 01/01/02 AAA S5,831.92 .02 1: 3S8,378.0e GNMA POOL #0552466 .ooo 6.213 AAA 104.616 376,12e.99 .10 ltd 36213EW36 6.SOO\ 03/lS/2032 DD 03/01/02 AAA 374,921.05 .10 1.11 :Ji 334,543.80 GNMA POOL f 05526S9 .ooo 6.190 AAA 105.000 351, 114 .16 .09 lfi1I 36213E5U6 6.500% 07/15/2032 DD 07/01/02 AAA 351,270.99 .09 j\1 269,149.34 GNMA POOL tOS61017 .ooo 6.190 AAA lOS.000 2e2,4e0.64 .01 I I :i. i 36213QG29 6.500% 07/15/2031 DD 07/01/01 AAA 282,606.81 .oe II 216,033.2S GNMA II POOL IOOe039S .ooo 3.488 AAA 100.339 214,075.45 .OS !111 3622SCNM4 VAR RT 04/20/2030 DD 04/01/00 AAA 216,765.93 .06 :!:! 1,929,029.49 GNMA II POOL I080408X .ooo 3.4e8 AAA 100.339 1,909,437.78 .s2 I' 3622SCN28 6.500% 05/20/2030 DD 05/01/00 AAA 1,935,567.94 .52 1111 1,017,221.47 GNMA POOL I0080e67 .ooo 3.047 AAA 98.460 9e9,724.71 .27 36225C6D3 VAR RT 04/20/2034 DD 04/01/04 AAA 1,001,553.21 .27 II I I 11, I 382,178.S3 GNMA II POOL 10080900 .ooo 3.047 AAA 98.459 371,847.76 .10 'I I I 36225DAA2 VAR RT 05/20/2034 DD 05/01/04 AAA 376,288.39 .10 3,000,000.00 GENERAL MTRS ACCEP CORP SR NT .ooo 5.844 Al 104.812 3,064,350.00 .es 370425SD3 6.125% 08/28/2007 DD 08/29/02 BBB 3,144,360.00 .es 3,eoo,ooo.oo GOLDMAN SACHS GRP MTN tTR00207 .ooo 1.977 AA3 100.140 3,800,000.00 1.02 :;I 38141EJQ3 VAR RT 07/23/2009 DD 07/23/04 A+ 3 1 805,320.00 1.02 3,000,000.00 GOLDMAN SACHS GROUP INC SR NT .ooo 4.092 AA3 100.812 3,030,030.00 .Bl 38141GCS1 4.125% Ol/lS/2008 DD 01/13/03 A+ 3,024,360.00 .81 3,200,000.00 MORGAN STANLEY NT .ooo 3.667 AA3 98.843 3,19S,648.00 .as 617446HW2 3.625% 04/01/2008 DD 03/06/03 A+ 3,162,976.00 .es 849,354.6e RESIDENTIAL ASSET 03-RSll AIIB .ooo 1.788 AAA 99.563 e49,354.6e .22 76098SK83 VAR RT 12/25/2033 DD 12/30/03 AAA 845,638.75 .23 3,260,886.08 SBA GTD DEV PARTN 2001-20C 1 .ooo 5.941 AAA 106. 715 3,260,886.08 .94 83162CLJO 6.340% 03/01/2021 AAA 3,479,854.58 .94 1'111 2,069,684.50 SBA GTD PARTN CTFS SBIC-PS 01 .ooo 6.201 AAA 107.080 2,069,684.SO .59 831641DD4 6.640% 02/10/2011 DD 02/21/01 NR 2,216,218.16 .60 11'1 Asset Detail Report ID: GL8013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: ! OCSD-CONSOUDATED -OCSGOOOlOOOO 7/31/2004 Status: FINAL -------·---- Net Unrealized I Price Cost Market Value % of Gain/Loss Description Base Shares Par Base Base Total Base· FNMA POOL #0713344 5.000% 101.0391 16,532.310 17,028.27 16,704.09 0.00% -324.18 06/01/2018 DD 06/01/03SEC ID: 31401NP52 FNMA POOL #0713365 5.000% 101.0391 263,045.520 266,415.79 265,778.72 0.06% -637.07 07 /01 /2018 DD 07 /01 /03SEC ID: 31401NQS1 FNMA POOL #0720319 5.000% 101.0391 734,547.600 743,958.98 742,179.99 0.16% -1,778.99 07 /01/2018 DD 07 /01/03SEC ID: 31401WG45 FNMA POOL #0720369 5.000% 100.9911 2,116,008.840 2,179,489.10 2, 136,981.49 0.45% -42,507.61 06/01/2018 DD 06/0l/03SEC ID: 31401WJNO FNMA POOL #0721629 5.000% 101.0391 293,368.950 302,170.04 296,417.23 0.06% -5,752.81 07 /01/2018 DD 06/01/03SEC ID: 31401XVW4 FNMA POOL #0723487 5.000% 101.0391 235, 162.330 237,807.91 237,605.81 0.05% -202.10 06/01/2018 DD 06/01/03SEC ID: 31402AXQ4 FNMA POOL #0729601 5.000% 101.0391 400,044.050 405,169.61 404,200.75 0.09% -968.86 07 /01 /2018 DD 07 /01 /03SEC ID: 31402HRW3 FNMA POOL #0732873 5.000% 101.0234 35,612.780 36,069.05 35,977.26 0.01% -91.79 11/01/2018 DD 10/0l/03SEC ID: 31402MFN5 FNMA POOL #0737130 5.000% 101.0391 665,036.870 673,557.65 671,947.00 0.14% -1,610.65 10/01/2018 DD 10/0l/03SEC ID: 31402S4P9 FNMA POOL #0738211 5.000% 100.9911 522,302.050 528,994.06 527,478.80 0.11% -1,515.26 10/01/2018 DD 10/0l/03SEC ID: 31402UDQ2 FNMA POOL #0738487 5.000% 100.9766 195,432.910 197,936.89 197,341.43 0.04% -595.46 10/01/2018 DD 10/01/03SEC ID: 31402UNC2 FNMA POOL #0740471 5.000% 100.9911 679,386. 940 688,091.57 686,120.63 0.15% -1,970.94 10/01/2018 DD 10/01/03SEC ID: 31402WT40 FNMA POOL #0740748 5.000% 101.0391 774,039.600 783,956.97 782,082.34 0.17% -1,874.63 10/01/2018 DD 11/0l/03SEC ID: 31402W5H7 8 Workbench YLDANAL YIELD ANALYSIS PAGE 9 OCSF07522202 2004/07/31 RUN DATE : 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME : 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 169,603.45 FNMA POOL 10750445 .ooo 4.957 AAA 100.875 171,776.50 .04 31403JWE2 5.000% 11/01/2018 DD 11/01/03 AAA 171,087.48 .05 815,680.56 FNMA POOL 10751960 .ooo 4.951 AAA 100.991 826,131.48 .22 31403LMB1 5.000% 12/01/2018 DD 11/01/03 AAA 823,765.11 .22 885,994.67 FNMA POOL 10753425 .ooo 4.956 AAA 100.883 896,238.97 .24 31403NA23 5.000% 11/01/2018 DD 11/01/03 AAA 893,816.32 .24 603,227.16 FNMA POOL 10755165 .ooo 4.952 AAA 100.977 610,956.01 .16 31403Q6A3 5.000% 12/01/2018 DD 11/01/03 AAA 609,118.04 .16 964,223.03 FNMA POOL 10756372 .ooo 4.952 AAA 100.977 975,371.85 .26 31403SJR8 5.000% 11/01/2018 DD 11/01/03 AAA 973,639.25 .26 282,041.35 GNMA POOL 10596612 .ooo 6.196 AAA 104.906 296,011. 20 .07 36200BYB4 6.500% 09/15/2032 DD 09/01/02 AAA 295,879.00 .OB 765,540.34 GNMA POOL 10569358 .ooo 6.213 AAA 104 .616 783,482.69 .21 36200QQK3 6.500% 04/15/2032 DD 04/01/02 AAA 800,878.19 .22 35, 211. 74 GNMA POOL f 0569685 .ooo 6 .190 AAA 105.000 36,955.82 .oo 36200Q2S2 6.500% 02/15/2032 DD 02/01/02 AAA 36,972.33 .01 61,153.72 GNMA POOL 10570019 .ooo 6.196 AAA 104.906 64,182.74 .01 36200RG48 6.500% 07/15/2032 DD 07/01/02 AAA 64,154.07 .02 341,534.07 GNMA POOL 10574323 .ooo 6.190 AAA 105.000 358,450.68 .09 36200WAY7 6.500% 12/15/2031 DD 12/01/01 AAA 358,610.77 .10 28,384.53 GNMA POOL #0575364 .ooo 6.190 AAA 105.000 29,790.45 .oo 36200XFD6 6.500% 11/15/2031 DD 11/01/01 AAA 29,803.76 .01 14,529.38 GNMA POOL 10587117 .ooo 6.190 AAA 105.000 15,249.04 .oo 36201MG22 6.500% 06/15/2032 DD 06/01/02 AAA 15,255.85 .oo 46,261.56 GNMA POOL 10587439 .ooo 6.196 AAA 104.906 48,552.95 .01 36201MS45 6.500% 11/15/2032 DD 12/01/02 AAA 48,531.27 .01 11,167.58 GNMA POOL 10421389 .ooo 6.174 AAA 105.281 11,720.74 .oo 36206UC23 6.500% 04/15/2026 DD 04/01/96 AAA 11,757.37 .oo 20,030.35 GNMA POOL 10449851 .ooo 6.208 AAA 104.708 21,022.48 .oo 36208FWLO 6.500% 01/15/2028 DD 01/01/98 AAA 20,973.39 .01 YLDANAL YIELD ANALYSIS PAGE 10 OCSF07522202 2004/07/31 RUN DATE 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARRET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 36,774.15 GNMA POOL 10466845 .ooo 6.178 AAA 105. 219 38,595.62 .01 36209BTA6 6.500% 06/15/2028 DD 06/01/98 AAA 38,693.30 .01 112,113.75 GNMA POOL 10468052 .ooo 6.178 AAA 105.219 117,666.88 .03 36209C5M4 6.500% 07/15/2028 DD 07/01/98 AAA 117,964.69 .03 161,798.51 GNMA POOL 10476041 .ooo 6.178 AAA 105.219 169,559.79 .04 36209MZE7 6.500% 06/15/2028 DD 06/01/98 AAA 170,242.37 .OS 121,527.69 GNMA POOL 10478626 .ooo 6.178 AAA 105.219 127,357.23 .03 36209QVT9 6.500% 01/15/2029 DD 01/01/99 AAA 127,869.92 .03 28,967.43 GNMA POOL 10480598 .ooo 6.178 AAA 105.219 30,356.95 .oo 36209S3F6 6.500% 10/15/2028 DD 10/01/98 AAA 30,479.17 .01 336,953.47 GNMA POOL 10485527 .ooo 6.185 AAA 105.094 353,643.21 .09 36209YLG1 6.500% 06/15/2031 DD 06/01/01 AAA 354,117.04 .10 346,130.46 GNMA POOL 10485610 .ooo 6.185 AAA 105.094 363,274.74 .09 36209YN38 6.500% 07/15/2031 DD 07/01/01 AAA 363, 761.48 .10 66,779.51 GNMA POOL 10485682 .ooo 6.190 AAA 105.000 70,087.18 .01 36209YRB6 6.500% 08/15/2031 DD 08/01/01 AAA 70,118.49 .02 62,479.71 GNMA POOL 10485703 .ooo 6.190 AAA 105.000 65,574.40 .01 36209YRY6 6.500% 08/15/2031 DD 08/01/01 AAA 65,603.70 .02 8,455.40 GNMA POOL 10512235 .ooo 6.181 AAA 105.156 8,874.20 .oo 36211GBC6 6.500% 11/15/2029 DD 11/01/99 AAA 8, 891. 38 .oo 121,798.57 GNMA POOL 10514326 .ooo 6.181 AAA 105.156 127,641.09 .03 36211JLF2 6.500% 07/15/2029 DD 07/01/99 AAA 128,078.81 .03 31,119.50 GNMA POOL 10530053 .ooo 6.214 AAA 104.608 32,660.89 .oo 36212CZS3 6.500% 04/15/2031 DD 04/01/01 AAA 32,553.37 .01 92,476.55 GNMA POOL 10537885 .ooo 6.185 AAA 105.094 97,057.03 .02 36212MRE1 6.500% 02/15/2031 DD 02/01/01 AAA 97,187.07 .03 0,110.02 GNMA POOL 10547512 .ooo 6.185 AAA 105.094 8,574.70 .oo 36212YGV9 6.500% 04/15/2031 DD 04/01/01 AAA 8,586.18 .oo 72,626.80 GNMA POOL 10547715 .ooo 6 .185 AAA 105.094 76,110.62 .02 36212YN82 6.500% 02/15/2031 DD 02/01/01 AAA 76,326.23 .02 YLDANAL YIELD ANALYSIS PAGE 11 OCSF07522202 2004/07/31 RUN DATE : 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARR ET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARRET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 53,173.26 GNMA POOL 10552322 .ooo 6.190 AAA 105.000 55,807.00 .01 36213ESK3 6.500% 01/15/2032 DD 01/01/02 AAA 55,a31.92 .02 358,37a.08 GNMA POOL #0552466 .ooo 6.213 AAA 104.616 376,128.99 .10 36213EW36 6.500% 03/15/2032 DD 03/01/02 AAA 374,921.05 .10 334,543.80 GNMA POOL 10552659 .ooo 6.190 AAA 105.000 351,114.16 .09 36213E5U6 6.500% 07/15/2032 DD 07/01/02 AAA 351,270.99 .09 269,149.34 GNMA POOL f0561017 .ooo 6.190 AAA 105.000 282,480.64 .07 36213QG29 6.500% 07/15/2031 DD 07/01/01 AAA 282,606.81 .oe 216,033.25 GNMA II POOL 10080395 .ooo 3.488 AAA 100.339 214,075.45 .05 36225CNM4 VAR RT 04/20/2030 DD 04/01/00 AAA 216,765.93 .06 1,929,029.49 GNMA II POOL I080408X .ooo 3.4a8 AAA 100.339 1,909,437.78 .52 36225CN28 6.500% 05/20/2030 DD 05/01/00 AAA 1,935,567.94 .52 1,017,221.47 GNMA POOL IOOa0867 .ooo 3.047 AAA 98.460 989,724.71 .21 36225C6D3 VAR RT 04/20/2034 DD 04/01/04 AAA 1,001 1 553.21 .21 3a2,11a.53 GNMA II POOL 10080900 .000 3.047 AAA 9a.459 371,a47.76 .10 36225DAA2 VAR RT 05/20/2034 DD 05/01/04 AAA 376,28a.39 .10 3,000,000.00 GENERAL MTRS ACCEP CORP SR NT .ooo 5.844 A3 104.812 3,064,350.00 .as 370425SD3 6.125% 08/28/2007 DD 08/29/02 BBB 3,144,360.00 .as 3,900,000.00 GOLDMAN SACHS GRP MTN ITR00207 .ooo 1.977 AA3 100.140 3,800,000.00 1.02 38141EJQ3 VAR RT 07/23/2009 DD 07/23/04 A+ 3,805,320.00 1.02 3,000,000.00 GOLDMAN SACHS GROUP INC SR NT .ooo 4.092 AA3 100.812 3,030,030.00 .81 38141GCS1 4.125% Ol/15/200a DD 01/13/03 A+ 3,024,360.00 .81 3,200,000.00 MORGAN STANLEY NT .ooo 3.667 AA3 98.843 3,195,64a.oo .es 6174468W2 3.625% 04/01/2008 DD 03/06/03 A+ 3,162,976.00 .es 849,354.68 RESIDENTIAL ASSET 03-RSll AIIB .ooo 1. 788 AAA 99.563 849,354.68 .22 760985K83 VAR RT 12/25/2033 DD 12/30/03 AAA a4S,638.75 .23 3,260,886.08 SBA GTD DEV PARTN 200l-20C 1 .ooo 5.941 AAA 106.715 3,260,886.08 .94 83162CLJO 6.340% 03/01/2021 AAA 3,479,854.58 .94 2,069,684.50 SBA GTD PARTN CTFS SBIC-PS 01 .ooo 6.201 AAA 107.080 2,069,684.50 .59 a31641DD4 6.640% 02/10/2011 DD 02/21/01 NR 2,216,218.16 .60 YLDANAL YIELD ANALYSIS PAGE 12 OCSF07522202 2004/07/31 RUN DATE : 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME : 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 1,600,000.00 UNITED AIRLS PASSTHRU 01-1 c .ooo 71.082 WR 9.610 1,600,000.00 .04 909317BC2 6.831% 03/01/2010 DD 08/22/01 A-153,760.00 .04 20,000,000.00 U S TREASURY NOTES .ooo 5.782 AAA 108.094 22,620,312.50 5.84 9128272JO 06.250% 02/15/2007 DD 02/15/97 AAA 21,618,800.00 5.81 3,510,840.00 US TREASURY INFLATION INDEX NT .ooo 3.311 AAA 109.500 3,820,341.35 1.03 9128273T7 3.625% 01/15/2008 DD 01/15/98 AAA 3,844,369.80 1.03 14,986,790.00 US TREASURY INFLATION INDEX NT .ooo 3.465 AAA 111.844 16' 612, 150 .11 4.53 9128274Y5 3.875% 01/15/2009 DD 01/15/99 AAA 16,761,825.41 4.51 3,900,000.00 U S TREASURY NOTES .ooo 5.507 AAA 104.406 4,288,149.14 1.10 9128276N7 05.750% 11/15/2005 DD 11/15/00 AAA 4,071,853.50 1.10 17,600,000.00 U S TREASURY NOTES .ooo 3.398 AAA 99.310 17,405,000.00 4.72 912828BT6 3.375% 12/15/2008 DD 12/15/03 AAA 17,478,560.00 4.70 61,000,000.00 U S TREASURY NOTES .ooo 1.889 AAA 99.250 60,967, 721.21 16.36 912828BX7 1.875% 01/31/2006 DD 01/31/04 AAA 60,542,500.00 16.28 17,000,000.00 U S TREASURY NOTES .ooo 1.646 AAA 98.719 17, 045, 156. 25 4.53 912828CB4 1.625% 02/28/2006 DD 02/29/04 AAA 16,782,187.50 4.51 33,ooo,ooo.oo U S TREASURY NOTES .ooo 2.261 AAA 99.530 32,835,000.00 8.87 912828CF5 2.250% 04/30/2006 DD 04 /30/04 AAA 32,844,900.00 8.83 21,500,000.00 U S TREASURY NOTES .ooo 2.744 AAA 100.220 27,46l,468.6l 7.45 912828CMO 2.750% 06/l0/2006 DD 06/30/04 AAA 27,560,500.00 7.41 11,000,000.00 U S TREASURY NOTES .ooo 2.745 AAA 100.190 10,989,990.00 2.97 912828CQ1 2.750% 07/ll/2006 DD 07/ll/04 AAA 11,020,900.00 2.96 1,1so,ooo.oo VIRGINIA ELEC & PWR 01 SER A .ooo 5.510 Al 104.l59 1,74l,840.00 .49 927804ENO 5.750% Ol/ll/2006 DD Ol/27/01 BBB+ 1,826,282.50 .49 16,706,480.00 US TREASURY INFLATION INDEX NT l.817 3.148 AAA 107.219 14,788,538.33 4.84 9128272Ml l.l75% 01/15/2007 DD 01/15/97 AAA 17,912,520.79 4.82 15,500,000.00 FEDERAL NATL MTG ASSN DEBS 5.967 6.9l6 AAA 102.729 16,154,410.00 4.30 31359MFB1 7.125% 02/15/2005 DD 02/14/00 AAA 15,92l,Ol0.50 4.28 915,894.74 FBLMC MULTICLASS MTG SER El A 6 .ll6 3.671 AAA 100.075 916,870.47 .24 31l3TCE95 VAR RT 08/15/2032 DD 12/01/97 AAA 916,581.66 .25 YLDANAL YIELD ANALYSIS PAGE 13 OCSF07522202 2004/07/31 RUN DATE : 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME : 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 576, 921. 20 GNMA GTD REMIC TR 2000-9 FR 6.320 1.875 AAA 100.802 576, 921. 20 .15 3837B4NX9 VAR RT 02/16/2030 AAA 581, 548.11 .16 5 1 275.34 GNMA POOL 10500917 6.389 5.802 AAA 103.414 5 1 007.45 .oo 36210SPAO 6.000% 04/15/2029 DD 04/01/99 AAA 5 1 455.44 .oo 28,936.42 GNMA POOL 10506636 6.389 5.802 AAA 103. 414 27,466.98 .oo 36210YY90 6.000% 04/15/2029 DD 04/01/99 AAA 29,924.33 .01 220,174.30 GNMA POOL 10503388 6.389 5.802 AAA 103.414 208,993.57 .06 36210VF55 6.000% 03/15/2029 DD 03/01/99 AAA 227,691.18 .06 12,512.30 GNMA POOL 10499153 6.389 5.802 AAA 103.414 11,876.90 .oo 36210QQE5 6.000% 02/15/2029 DD 02/01/99 AAA 12,939.48 .oo 344,399.66 GNMA POOL 10496461 6.390 5.802 AAA 103.414 326,910.62 .09 36210MQN4 6.000% 01/15/2029 DD 01/01/99 AAA 356,157.67 .10 85,171.46 GNMA POOL 10491103 6.390 5.802 AAA 103.414 80,846.36 .02 36210FRY4 6.000% 01/15/2029 DD 01/01/99 AAA 88,079.26 .02 10,229.51 GNMA POOL 10486720 6.390 5.802 AAA 103.414 9,710.05 .oo 36210AVM6 6.000% 12/15/2028 DD 12/01/98 AAA 10,578.75 .oo 18,670.98 GNMA POOL 10497343 6.390 5.802 AAA 103.414 17,722.84 .oo 36210NP45 6.000% 12/15/2028 DD 12/01/98 AAA 19,308.42 .01 10,329.57 GNMA POOL 10469688 6.391 5.802 AAA 103.414 9,805.02 .oo 36209EXR8 6.000% 11/15/2028 DD 11/01/98 AAA 10,682.23 .oo 20,410.48 GNMA POOL 10467279 6.391 5.798 AAA 103.477 19,374.01 .oo 36209CCQ7 6.000% 10/15/2028 DD 10/01/98 AAA 21,120.06 .01 29,532.65 GNMA POOL 10457814 6.391 5.798 AAA 103.477 28,032.93 .oo 36208QSB3 6.000% 10/15/2028 DD 10/01/98 AAA 30,559.37 .01 348,712.34 GNMA POOL 10467286 6.391 5.798 AAA 103.477 331,004.29 .09 36209CCX2 6.000% 10/15/2028 DD 10/01/98 AAA 360,835.53 .10 393,532.22 GNMA POOL 10465555 6.392 5.798 AAA 103.477 373,548.17 .11 36209AE48 6.000% 09/15/2028 DD 09/01/98 AAA 407,213.60 .11 13,054.10 GNMA POOL 10483452 6.392 5.798 AAA 103.477 12,391.22 .oo 36209WBV3 6.000% 09/15/2028 DD 09/01/98 AAA 13,507.93 .oo YLDANAL YIELD ANALYSIS PAGE 14 OCSF07522202 2004/07/31 RUN DATE 08/05/04 DISTRICT: LONG-TERM OPERATING RUN TIME 15.14.37 ============================================================================================================================= PAR VALUE YTM AT CURRENT MOODY MARKET TOTAL COST/ % TYPE SECURITY ID SECURITY DESCRIPTION BOOK YIELD S-P PRICE MARKET VALUE % TOTAL ------------------------------------------------------------------------------------------------- 369,378.28 GNMA POOL 10465546 6.392 5.798 AAA 103.477 350,620.79 .10 36209AET3 6.000% 08/15/2028 DD 08/01/98 AAA 382,219.94 .10 239,364.60 GNMA POOL 10468339 6.392 5.798 AAA 103.477 227,209.38 .06 36209DHQO 6.000% 08/15/2028 DD 08/01/98 AAA 247,686.25 .07 10,352.64 GNMA POOL f 0438057 6.393 5.798 AAA 103.477 9,826.93 .oo 36207PTN9 6.000% 05/15/2028 DD 05/01/98 AAA 10,712.56 .oo 8,847.28 GNMA POOL 10468330 6.393 5.798 AAA 103.477 8,398.00 .oo 36209DHF4 6.000% 05/15/2028 DD 05/01/98 AAA 9,154.86 .oo 243,881.41 GNMA II POOL I080088M 6.705 4.359 AAA 100.367 249,216.32 .06 36225CC20 7.375% 06/20/2027 DD 06/01/97 AAA 244,776.33 .01 183,491.59 GNMA II POOL 10080023 6.992 4.536 AAA 101. 963 186,530.66 .OS 36225CAZ9 VAR RT 12/20/2026 DD 12/01/96 AAA 187,092.98 .os 2,100,000.00 FEDERAL NATL MTG ASSN DEBS 7 .113 5.955 AAA 111. 242 2,030,133.00 .63 31359MBY5 6.625% 09/15/2009 DD 09/01/99 AAA 2,336,078.22 .63 1,000,000.00 FORD MOTOR CR CO NT 7.582 6.560 A3 102.890 965,170.00 .21 345397GV9 6.750% 05/15/2005 DD 05/24/93 BBB-1,028,900.00 .28 941,188.34 WMP/HUNTOON PAIGE f 000-11150 7.684 7.488 AAA 100.154 920,746.90 .25 302998GE3 7.500% 12/01/2030 DD 10/21/99 AAA 942,640.59 .25 3,000,000.00 PACIFICORP SECD MTN ITR 00115 7.709 7.214 A3 101.187 2,950,530.00 .82 69512EEU5 7.300% 10/22/2004 DD 10/22/92 A 3,035,610.00 .82 1,600,000.00 ALLSTATE CORP SR NT 7.967 7.571 Al 104.015 1,594,032.00 .44 020002AL5 7.875% 05/01/2005 DD 05/01/00 A+ 1,664,240.00 .45 -----------------------------------------TOTAL FIXED INCOME SECURITIES .247 4.339 368,600,805.24 100.00 369,917,075.49 99.54 ----------------------------------------- TOTAL .247 4.339 370,534,253.68 100.00 371,850,523.93 100.00 ================= ========= Asset Detail Report m: GL8013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: OCSD-CONSOLIDATED -OCSGOOOlOOOO 7/31/2004 Status: FINAL -~-·M __________ ·-----··------···-- Net Unrealized I Market Value % of I Price Cost Gain/Loss I Description Base Shares Par Base Base Total Base I U.S. DOLLAR CASH & CASH EQUIVALENTS CASH -28,065.25 -28,065.25 -0.01% 0.00 RECEIVABLE FOR INVESTMENTS 56,248,921.14 56,248,921.14 11.91% 0.00 SOLD PAYABLE FOR INVESTMENTS -71,284,596.47 -71,284 ,596.4 7 -15.10% 0.00 PURCHASED INTEREST RECEIVABLE 3,231,894.46 3,231,894.46 0.68% 0.00 FEDERAL HOME LN BKS CONS 99.6938 6,300,000.000 6,280,708.53 6,280,708.53 1.33% 0.00 DISCMAT 09/01 /2004SEC ID: 313384E39 FEDERAL HOME LN BKS CONS 99.6326 11,700,000.000 11,657,014.75 11,657,014.75 2.47% 0.00 DISCSECID:313384K73 FEDERAL HOME LN MTG CORP 99.7281 12 ,500 ,000 .000 12,466,006.25 12,466,006.25 2.64% 0.00 DISCMAT 08/ 10/2004SEC ID: 313396851 FEDERAL HOME LN MTG CORP 99.6967 100,000.000 99,696.67 99,696.67 0.02% 0.00 DISCMAT 08/31 /2004SEC ID: 313396E25 FEDERAL HOME LN MTG CORP 99.5489 5,900,000.000 5,873,384.44 5,873,384.44 1.24% 0.00 DISCMAT 09/ 13/2004SEC ID: 313396F73 FEDERAL HOME LN MTG CORP 99.5730 4 ,000,000.000 3,982,920.00 3,982,920.00 0.84% 0.00 DISCMAT 09/24/2004SEC ID: 313396H22 FEDERAL HOME LN MTG CORP 99.4461 400,000.000 397,784.56 397,784.56 0.08% 0.00 DISCMAT 11/24/2004SEC ID: 313396Q71 FEDERAL NATL MTG ASSN 99.7338 2 ,300 ,000. 000 2,293,876.25 2,293,876.25 0.49% 0.00 DISCOUNTMAT 08/04/2004SEC ID:313588A70 FEDERAL NATL MTG ASSN 99.7080 8,700,000.000 8,674,599.63 8,674,599.63 1.84% 0.00 DJSCOUNTMAT 08/ 18/2004SEC ID:313588C52 FEDERAL NATL MTG ASSN 99.7050 3 ,000 ,000.000 2,991,150.00 2,991,150.00 0.63% 0.00 DJSCOUNTMAT 08 /25 /2004SEC ID: 313588D44 1 Workbench Asset Detail Report ID: GL8013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: I OCSD-CONSOLIDATED -OCSGOOOlOOOO 7/31/2004 Status: FINAL - Net Unrealized ! Price Cost Market Value % of Gain/Loss I I Description Base Shares Par Base Base Total Base! FEDERAL NATL MTG ASSN 99.6916 6,000,000.000 5, 981,496.67 5, 981,496.67 1.27% 0.00 DISCOUNTMAT 09/0l/2004SEC ID:313588E35 GENERAL ELEC CAP 99.6453 3,000,000.000 2,989,360.00 2,989,360.00 0.63% 0.00 DISC08/25/2004SECID: 36959HHR1 GENERAL ELEC CAP 99.4499 500,000.000 497,249.58 497,249.58 0.11% 0.00 DISC11/16/2004SEC ID: 36959HLGO U S TREASURY BILLDUE 99.5527 28,100,000.000 27,974,320.78 27,974,320.78 5.92% 0.00 08/05/2004 DD 02/05/2004SEC ID: 912795QW4 U S TREASURY BILLDUE 99.8969 5,600,000.000 5 ,594 ,228.89 5,594,228.89 1.18% 0.00 08/26/2004 DD 02/26/2004SEC ID: 912795QZ7 US TREASURY BILL 0.000% 99.6850 2,200,000.000 2, 193,070.86 2,193,070.86 0.46% 0.00 09/09/2004 DD 03/ll/04SEC ID: 912795RB9 WELLS FARGO BK NA INSTL C/D 1. 100.0000 2,000,000.000 2,000,000.00 2,000,000.00 0.42% 0.00 370% 08/25/2004 DD 07/22/04SECID:9497POZ38 WELLS FARGO BANK NA INSTL C / D 100.0000 200,000.000 200,000.00 200,000.00 0.04% 0.00 1.370% 08/24 /2004 DD 07/20/04SECID:9497POZ53 CREDIT SUISSE FB REPOO 1.260% 100.0000 10,200,000.000 10,200,000.00 10,200,000.00 2.16% 0.00 08/02/2004 DD 07 /30/04SEC ID: 99423L666 DREYFUS TREASURY CASH 100.0000 1,201,551.510 1,201,551.51 1,201,551.51 0.25% 0.00 MGMTSEC ID: 99608524 7 TOTAL CASH & CASH EQUIVALENTS 113,901,551.510 101, 716,573.25 101,716,573.25 21.54% 0.00 FIXED INCOME SECURITIES AIG SUNAMERICA GLOBAL REG S 5. 109.8670 752,000.000 826,199.84 826,199.84 0.17% 0.00 850% 08/01/2008 DD 08/08/01SECID:U00907AAO COMMIT TO PUR FNMA SF MTG 5. 100.6953 22,000,000.000 22,092,812.50 22,152,968.20 4.69% 60,155.70 000% 08/01/2019 DD 08/0l/04SECID:01F050486 COMMIT TO PUR FNMA SF MTG 5. 100.2266 3,000,000.000 2,996,015.62 3,006,796.80 0.64% 10,781.18 500% 08/01/2034 DD 08/0l/04SECID:OlF052680 2 Y,1orkbencJ.1 .1 Asset Detail Report ID: GL8013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: : OCSD-CONSOUDATED -OCSGOOOlOOOO 7/31/2004 Status: FINAL -·-----·--------- Net Umealized I Price Cost Market Value %of Gain/Loss Description Base Shares Par Base Base Total Base 1 ALLSTATE CORP SR NT7.875% 104.0150 1,600,000.000 1,594,032.00 1,664,240.00 0.35% 70,208.00 05/01/2005 DD 05/01/00SEC ID: 020002AL5 CIT GROUP INC NEW SR NT 5.500% 104.8280 1,500,000.000 1,527,135.00 1 ,572,420.00 0.33% 45,285.00 11/30/2007 DD 12/02/02SEC ID: 125581ADO COMMIT TO PUR GNMA IIVAR RT 99.8125 1,400,000.000 1,399,125.00 1,397 ,375.00 0.30% -1,750.00 08/20/2033 DD 08/01/03SEC ID: 16H032688 WMP /HUNTOON PAIGE #000-100.1543 941, 188.340 920,746.90 942,640.59 0.20% 21,893.69 111507.500% 12/01/2030 DD 10/21/99SECID:302998GE3 FEDERAL HOME LN BK CONS BDS7. 102.7066 3,500,000.000 3,732,225.00 3,594,730.65 0.76% -137,494.35 125% 02/ 15/2005 DD 02/08/00SEC ID: 3133MAUN7 FHLMC MULTICLASS MTG SER E3 100.0750 915,894.740 916,870.47 916,581.66 0.19% -288.81 AVAR RT 08/15/2032 DD 12/01/97SECID:3133TCE95 FHLMC GROUP #78-6064 6.384% 102.6481 66,694.020 65,068.34 68,460.16 0.01% 3,391.82 01/01/2028 DD 12/0l/97SEC ID: 31348SWZ3 FEDERAL NATL MTG ASSN DEBS6. 111.2418 2, 100,000.000 2,030,133.00 2,336,078.22 0.49% 305,945.22 625% 09 / 15 /2009 DD 09/0l/99SEC ID: 31359MEY5 FEDERAL NATL MTG ASSN DEBS7. 102.7291 15,500,000.000 16,154,410.00 15,923,010.50 3.37% -231,399.50 125% 02/15/2005 DD 02/14/00SEC ID: 31359MFH1 FEDERAL NATL MTG ASSN DEBS5. 104.3892 11,350,000.000 11,521,271.50 11,848, 174.20 2.51% 326,902.70 250% 06/15/2006 DD 06/22/01SECID:31359MJX2 FNMA POOL #0254510 5.000% 101.0703 718,237.700 739,784.83 725,925.07 0.15% -13,859.76 11/01/2017 DD 10/01/02SEC ID: 31371KVB4 FNMA POOL #0254631 5.000% 101.0703 154,697.720 159,338.66 156,353.47 0.03% -2,985.19 02/01/2018 DD Ol/Ol/03SEC ID: 31371KY47 FNMA POOL #0254760 5.000% 101.0391 138,492.180 142,646.93 139,931.20 0.03% -2,715.73 06/01/2018 DD 05/0l/03SEC ID: 31371K5V9 3 Workbench Asset Detail Report ID: GL8013 Base Currency: USO by Currency Alternate Base Currency: Exchange Rate: i ocsp-CONSOLID~TED_-_ocso~~lOOO_O ____ 7/31/2004 ______ _§ta_t~!; __ ~IN~---------- Net Unrealized I I Cost Market Value % of Gain/Loss I Price Base I Description Base Shares Par Base Base Total FNMA POOL #0254866 5.000% 101.0391 61,878.990 63,735.37 62,521.95 0.01% -1,213.42 09/01/2018 DD 08/01/03SEC ID: 31371LCB3 FNMA POOL #0254953 5.000% 100.9766 326,737.740 330,924.08 329,928.53 0.07% -995.55 11/01/2018 DD 10/01/03SEC ID: 31371LE21 FNMA POOL #0254987 5.000% 100.9911 883,800.620 895,124.31 892,560.34 0.19% -2,563.97 12/01/2018 DD l l/01/03SEC ID: 31371LF46 FNMA POOL #0323980 6.000% 104.7734 164,597 .060 171,849.61 172,454.00 0.04% 604.39 04/01/2014 DD 09/0l/99SEC ID: 31374T2MO FNMA POOL #0357328 5.000% 101.0492 26,257.840 27,045.57 26,533.34 0.01% -512.23 01/01/2018 DD 01/01/03SEC ID: 31376J4M8 FNMA POOL #0357430 5.000% 101.0391 1,392,900. 760 1,408,570. 90 1,407 ,373.83 0.30% -1, 197.07 09/01/2018 DD 09/0l/03SEC ID: 31376KA71 FNMA POOL #0456482 6.000% 104.7734 50,087.780 52,294.76 52,478.69 0.01% 183.93 02/01/2014 DD 02/0l/99SEC ID: 31381CCT2 FNMA POOL #0509649 6.000% 104.7734 127,805.200 133,436.62 133,905.90 0.03% 469.28 09/01/2014 DD 09/01/99SEC ID: 31383QEWO FNMA POOL #0535451 6.000% 104.6484 129,442.370 135,145.92 135,459.42 0.03% 313.50 06/01/2015 DD 07 /01/00SEC ID: 31384VZQ8 FNMA POOL #0535672 6.000% 104.7734 2, 771,890.450 2 ,894 ,026.89 2. 904 ,204. 98 0.61% 10,178.09 01/01/2016 DD 12/01/00SEC ID: 31384WCH1 FNMA POOL #0545296 6.000% 104.5859 868,493.640 906,761.64 908,322.24 0.19% 1,560.60 11/01/2016 DD 10/01/0lSEC ID: 31385HXZO FNMA POOL #0545580 6.000% 104.5859 71,754.400 74,916.07 75,045.01 0.02% 128.94 03/01/2017 DD 03/01/02SEC ID: 31385JCR7 FNMA POOL #0555101 6.000% 104.5859 135,708.770 141,688.43 141,932.29 0.03% 243.86 10/01/2017 DD l 1/01/02SEC ID: 31385WU23 4 Workbench ff .. Asset Detail Report ID: GL8013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: · OCSD·CONSOUDATED -OCSGOOOlOOOO 7/31/2004 Status: FINAL ··-------------------------- Net Unrealized I Price Cost Market Value % of Gain/Loss I Description Base Shares Par Base Base Total Base; FNMA POOL #0555363 5.000% 101.0703 329,424.340 339,307.06 332,950.20 0.07% -6,356.86 04/01/2018 DD 03/01/03SEC ID: 31385W5Yl FNMA POOL #0555453 5.000% 101.0703 33,963.820 34,398.98 34,327.34 0.01% -71.64 05/01/2018 DD 04/01/03SEC ID: 31385XBW6 FNMA POOL #0555545 5.000% 101.0703 273,080.280 281,272.70 276,003.09 0.06% -5,269.61 06/01/2018 DD 05/01/03SEC ID: 31385XES2 FNMA POOL #0555621 5.000% 100.9911 950,605.650 961,299.96 960,027.50 0.20% -1,272.46 07 /01/2018 DD 06/01/03SEC ID: 31385XG68 FNMA POOL #0576386 6.000% 104.4228 52,788.500 55,114.50 55,123.24 0.01% 8.74 05/01/2016 DD 05/01/0lSEC ID: 31386XJ72 FNMA POOL #0576739 6.000% 104.5859 109,801. 590 114,639.72 114,837.03 0.02% 197.31 04/01/2016 DD 04/01/0ISEC ID: 31386XV86 FNMA POOL #0580888 6.000% 104.5859 180,101.220 188,036.91 188,360.55 0.04% 323.64 05/01/2016 DD 05/01/0lSEC ID: 31387DJ91 FNMA POOL #0594002 6.000% 104.5859 150,564.170 157,198.39 157,468.95 0.03% 270.56 07 /01/2016 DD 07 /01/0lSEC ID: 31387T3K8 FNMA POOL #0597376 6.000% 104.5859 210,279.020 219,544.44 219,922.29 0.05% 377.85 09/01/2016 DD 08/01/0lSEC ID: 31387XT96 FNMA POOL #0605259 6.000% 104.5859 123,939.980 129,401.09 129,623.79 0.03% 222.70 09/01/2016 DD 09/01/0lSEC ID: 31388HMG1 FNMA POOL #0608366 6.000% 104.5859 75,782.240 79,121.38 79,257.57 0.02% 136.19 10/01/2016 DD 09/01/0lSEC ID: 31388LZ78 FNMA POOL #0616734 6.000% 104.5859 165,485.760 172,777.47 173,074.84 0.04% 297.37 12/01/2016 DD 12/01/0lSEC ID: 31388WEF9 FNMA POOL #0630812 6.000% 104.4396 147,340.040 153,832.21 153,881.40 0.03% 49.19 02/01/2017 DD 02/01/02SEC ID: 31389NYH2 -------- 5 Workbench Asset Detail Report ID: GL8013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: OCSD-CONSOUDATED • OCSGOOOlOOOO 7/31/2004 Sta_~~s: -~N~---- Net Unrealized I Price Cost Market Value % of Gain/Loss Description Base Shares Par Base Base Total Base I FNMA POOL #0632376 6.000% 104.5859 676,045.450 705,833.72 707,048.49 0.15% 1,214.77 07 /01/2017 DD 07 /Ol/02SEC ID: 31389QQ50 FNMA POOL #0653116 6.000% 104.5859 356,073.140 371,762.61 372,402.44 0.08% 639.83 07/01/2017 DD 07/0l/02SEC ID: 31390QSD8 FNMA POOL #0673280 6.000% 104.5859 169,719. 720 177,197.99 177,502.96 0.04% 304.97 08/01/2017 DD ll/Ol/02SEC ID: 31391P6R2 FNMA POOL #0681309 5.000% 101.0703 507,743.980 522,976.29 513,178.41 0.11% -9,797.88 02/01/2018 DD 02/0l/03SEC ID: 31391Y3S4 FNMA POOL #0681334 5.000% 101.0703 61,505.140 63,350.29 62,163.44 0.01% -1,186.85 02/01/2018 DD Ol/Ol/03SEC ID: 31391Y4Tl FNMA GTD REMIC P/T 02-76 PD 5. 100.3913 900,000.000 918,000.00 903,521.88 0.19% -14,478.12 000% 08/25/2022 DD 10/0l/02SECID:31392FKF3 FNMA POOL #0684908 5.0000/o 101.0703 319,521.130 323,615.00 322,941.00 0.07% -674.00 06/01/2018 DD 05/0l/03SEC ID: 31400D3Rl FNMA POOL #0685200 5.000% 101.0703 180,772.600 183,088.76 182,707.43 0.04% -381.33 03/01/2018 DD 03/0l/03SEC ID: 31400EGH7 FNMA POOL #0685665 5.000% 101.0703 31,513.030 32,458.43 31,850.32 0.01% -608.11 02/01/2018 DD 02/0l/03SEC ID: 31400EW22 FNMA POOL #0686318 5.000% 101.0703 268,355.540 276,406.21 271,227.78 0.06% -5,178.43 03/01/2018 DD 03/0l/03SEC ID: 31400FPB7 FNMA POOL #0688739 5.000% 101.0391 105,409.330 108,571.61 106,504.60 0.02% -2,067.01 06/01/2018 DD 06/0l/03SEC ID: 31400JEL9 FNMA POOL #0689859 5.000% 101.0391 85,303.030 86,395.98 86,189.38 0.02% -206.60 05/01/2018 DD 05/01/03SEC ID: 31400KMG8 FNMA POOL #0693834 5.000% 101.0703 611,096.940 629,429.84 617,637.57 0.13% -11,792.27 03/01/2018 DD 03/0l/03SEC ID: 31400PY74 6 Workbench Asset Detail Report ID: GL8013' Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: i OCSD-CONSOUDATED -OCSGOOOlOOOO 7/31/2004 Status: FINAL ------------ Net Unrealized I Price Cost Market Value % of Gain/Loss Base! Description Base Shares Par Base Base Total FNMA POOL #0695852 5.000% 101.0391 218,033.630 224,574.64 220,299.13 0.05% -4,275.51 05/01/2018 DD 05/0l/03SEC ID: 31400SBVO FNMA POOL #0695889 5.000% 101.0391 729,471.840 751,356.00 737,051.49 0.16% -14,304.51 05/01/2018 DD 05/01/03SEC ID: 31400SC23 FNMA POOL #0697026 5.000% 101.0703 23,124.960 23,818.73 23,372.47 0.00% -446.26 05/01/2018 DD 04/0l/03SEC ID: 31400TLF2 FNMA POOL #0698939 6.000% 104.7109 55,490.110 57,935.15 58,104.22 0.01% 169.07 09/01/2017 DD 03 /0 l /03SEC ID: 31400VPY2 FNMA POOL #0702210 5.000% 100.9911 212,927.490 219,315.31 215,037.90 0.05% -4,277.41 05/01/2018 DD 05/01/03SEC ID: 31401ADP9 FNMA POOL #0702328 5.000% 101.0703 133,311.940 135,020.00 134,738.79 0.03% -281.21 05/01/2018 DD 04/01/03SEC ID: 31401AHD2 FNMA POOL #0703195 6.000% 104.8984 53,512.750 55,870.66 56,134.04 0.01% 263.38 01/01/2017 DD 04/01/03SEC ID: 31401BGC3 FNMA POOL #0709148 5.000% 101.0391 276, 156.480 284,441.18 279,025.91 0.06% -5,415.27 06/01/2018 DD 06/01/03SEC ID: 31401HZM7 FNMA POOL #0709360 5.000% 101.0391 636,500.300 644,655.47 643,113.92 0.14% -1,541.55 07 /01/2018 DD 06/01/03SEC ID: 31401JB56 FNMA POOL #0709826 5.000% 101.0391 106,303.300 107,665.31 107,407.86 0.02% -257.45 06/01/2018 DD 06/01/03SEC ID: 31401JSP4 FNMA POOL #0709917 5.000% 101.0391 224. 761.350 227,641.10 227,096.76 0.05% -544.34 06/01/2018 DD 06/0l/03SEC ID: 31401JVJ4 FNMA POOL #0709963 5.000% 100.9911 20,511.140 20,773.95 20,714.43 0.00% -59.52 06/01/2018 DD 06/01/03SEC ID: 31401JWYO FNMA POOL #0710235 5.000% 101.0391 616,632.900 635,131.90 623,040.09 0.13% -12,091.81 06/01/2018 DD 06/01/03SEC ID: 31401KBC8 7 Workbench Asset Detail Report ID: GL8013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: • OCSD-CONSOLIDATED • OCSGOOOlOOOO 7/31/2004 Status: FINAL -------~------- Net Unrealized i Price Cost Market Value % of Gain/Loss I Description Base Shares Par Base Base Total Base i FNMA POOL #0713344 5.000% 101.0391 16,532.310 17,028.27 16,704.09 0.00% -324.18 06/01/2018 DD 06/0l/03SEC ID: 31401NP52 FNMA POOL #0713365 5.000% 101.0391 263,045.520 266,415.79 265,778.72 0.06% -637.07 07 /01/2018 DD 07 /Ol/03SEC ID: 31401NQS1 FNMA POOL #0720319 5.000% 101.0391 734,547.600 743,958.98 742,179.99 0.16% -1,778.99 07 /01/2018 DD 07 /01/03SEC ID: 31401WG45 FNMA POOL #0720369 5.000% 100.9911 2,116,008.840 2, 179,489.10 2, 136,981.49 0.45% -42,507.61 06/01/2018 DD 06/0l/03SEC ID: 31401WJNO FNMA POOL #0721629 5.000% 101.0391 293,368.950 302,170.04 296,417.23 0.06% -5,752.81 07 /01/2018 DD 06/0l/03SEC ID: 31401XVW4 FNMA POOL #0723487 5.000% 101.0391 235, 162.330 237,807.91 237,605.81 0.05% -202.10 06/01/2018 DD 06/0l/03SEC ID: 31402AXQ4 FNMA POOL #0729601 5.000% 101.0391 400,044.050 405,169.61 404,200.75 0.09% -968.86 07 /01/2018 DD 07 /01/03SEC ID: 31402HRW3 FNMA POOL #0732873 5.000% 101.0234 35,612.780 36,069.05 35,977.26 0.01% -91.79 11/01/2018 DD 10/01/03SEC ID: 31402MFN5 FNMA POOL #0737130 5.000% 101.0391 665,036.870 673,557.65 671,947.00 0.14% -1,610.65 10/01/2018 DD 10/0l/03SEC ID: 31402S4P9 FNMA POOL #0738211 5.000% 100.9911 522 ,302.050 528,994.06 527,478.80 0.11% -1,515.26 10/01/2018 DD 10/0l/03SEC ID: 31402UDQ2 FNMA POOL #0738487 5.000% 100.9766 195,432.910 197,936.89 197,341.43 0.04% -595.46 10/01/2018 DD 10/0l/03SEC ID: 31402UNC2 FNMA POOL #0740471 5.000% 100.9911 679,386.940 688,091.57 686,120.63 0.15% -1,970.94 10/01/2018 DD 10/0l/03SEC ID: 31402WT40 FNMA POOL #0740748 5.000% 101.0391 774,039.600 783,956.97 782,082.34 0.17% -1,874.63 10/01/2018 DD l 1/0l/03SEC ID: 31402W5H7 ---------------- 8 Workbench Asset Detail Report ID: GLS013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: OCSD-CONSOUDATED -OCSGOOOlOOOO 7/31/2004 Status: FINAL ------------------ Net Unrealized I Price Cost Market Value % of Gain/Loss Description Base Shares Par Base Base Total Basel FNMA POOL #0743868 5.000% 100.9911 38,821.720 39,319.12 39,206.50 0.01% -112.62 11/01/2018 DD 10/01/03SEC ID: 31403BMR1 FNMA POOL #0744008 5.000% 101.0391 1,050,615.800 1,064 ,076.81 1,061,532.33 0.22% -2,544.48 07 /01/2018 DD 09/01 /03SEC ID: 31403BR54 FNMA POOL #0744316 5.000% 100.9911 156,172.640 158,173.61 157,720.53 0.03% -453.08 09/01/2018 DD 09/01/03SEC ID: 314038324 FNMA POOL #0747914 5.000% 100.9766 351,076.640 355,574.82 354,505.11 0.08% -1 ,069.71 11/01/2018 DD ll/01/03SEC ID: 31403F3XO FNMA POOL #0748400 5.000% 100.9911 216,281.800 219,052.91 218,425.46 0.05% -627.45 08/01/2018 DD 09/01/03SEC ID: 31403GNR9 FNMA POOL #0748899 5.000% 100.8750 940,870.990 952,925.89 949,103.61 0.20% -3,822.28 12/01/2018 DD 11/01/03SEC ID: 31403G7LO FNMA POOL #0750377 5.000% 100.8750 2,217,680.660 2,246,094.70 2,237,085.37 0.47% -9,009.33 11/01/2018 DD 11/0l/03SEC ID: 31403JUA2 FNMA POOL #0750380 5.000% 100.8750 1,933,324.960 1,958,095.70 1,950,241.55 0.41% -7,854.15 11/01/2018 DD 1 l/Ol/03SEC ID: 31403JUD6 FNMA POOL #0750445 5.000% 100.8750 169,603.450 171,776.50 171,087.48 0.04% -689.02 11/01/2018 DD l l/Ol/03SEC ID: 31403JWE2 FNMA POOL #0751960 5.000% 100.9911 815,680.560 826,131.48 823,765.11 0.17% -2,366.37 12/01/2018 DD 1 l/Ol/03SEC ID: 31403LMH1 FNMA POOL #0753425 5.000% 100.8828 885,994.670 896,238.97 893,816.32 0.19% -2,422.65 11/01/2018 DD l l/Ol/03SEC ID: 31403NA23 FNMA POOL #0755165 5.000% 100.9766 603 ,227 .160 610,956.01 609, 118.04 0.13% -1,837.97 12/01/2018 DD 11/0l/03SEC ID: 31403Q6A3 FNMA POOL #0756372 5.000% 100.9766 964,223.030 975,371.85 973,639.25 0.21% -1,732.60 11/01/2018 DD 11/01/03SEC ID: 31403SJR8 9 Workbench ( OCSD-CONSOLIDATED • OCSGOOOlOOOO ------- Description FORD MOTOR CR CO NT6. 750% 05/15/2005 DD 05/24/93SEC ID: 345397GV9 GNMA POOL #0596612 6.500% 09/15/2032 DD 09/01/02SEC ID: 36200BYH4 GNMA POOL #0569358 6.500% 04/15/2032 DD 04/01/02SEC ID: 36200QQK3 GNMA POOL #0569685 6.500% 02/15/2032 DD 02/0l/02SEC ID: 36200Q2S2 GNMA POOL #0570019 6.500% 07 /15/2032 DD 07 /01/02SEC ID: 36200RG48 GNMA POOL #0574323 6.500% 12/15/2031DD12/01/0lSEC ID: 36200WAY7 GNMA POOL #0575364 6.500% 11/15/2031DD11/01/0lSEC ID: 36200XFD6 GNMA POOL #0587117 6.500% 06/15/2032 DD 06/0l/02SEC ID: 36201MG22 GNMA POOL #0587439 6.500% 11/15/2032 DD 12/01/02SEC ID: 36201MS45 GNMA POOL #0421389 6.500% 04/15/2026 DD 04/01/96SEC ID: 36206UC23 GNMA POOL #0438057 6.000% 05/ 15/2028 DD 05/01/98SEC ID: 36207PTN9 GNMA POOL #0449851 6.500% 01/15/2028 DD 01/01/98SEC JD: 36208FWLO GNMA POOL #0457814 6.000% 10/15/2028 DD 10/01/98SEC ID: 36208QSB3 Price Base 102.8900 104.9063 104.6161 105.0000 104.9063 105.0000 105.0000 105.0000 104.9063 105.2813 103.4766 104.7081 103.4766 Asset Detail by Currency 7/31/2004 --------- Cost Shares Par 1,000,000.000 282,041.350 765,540.340 35,211.740 61,153.720 341,534.070 28,384.530 14,529.380 46,261.560 11,167.580 10,352.640 20,030.350 29,532.650 10 Base 965,170.00 296,011.20 783,482.69 36,955.82 64,182.74 358,450.68 29,790.45 15,249.04 48,552.95 11,720.74 9,826.93 21,022.48 28,032.93 Report ID: GL8013 Base Currency: USD Alternate Base Currency: Exchange Rate: Status: FINAL Market Value Base 1,028,900.00 295,879.00 800,878.19 36,972.33 64,154.07 358,610.77 29,803.76 15,255.85 48,531.27 11,757.37 10,712.56 20,973.39 30,559.37 ----- % of Total 0.22% 0.06% 0.17% 0.01% 0.01% 0.08% 0.01% 0.00% 0.01% 0.00% 0.00% 0.00% 0.01% Net Unrealized j Gain/Loss , Base i 63,730.00 -132.20 17,395.50 16.51 -28.67 160.09 13.31 6.81 -21.68 36.63 885.63 -49.09 2,526.44 Workbench Asset Detail Report ID: GL8013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: OCSD-CONSOUDATED -OCSGOOOlOOOO 7/31/2004 Status: FINAL ------------------- Net Unrealized I Price Cost Market Value % of Gain/Loss I Description Base Shares Par Base Base Total Base I GNMA POOL #0465546 6.000% 103.4766 369,378.280 350,620.79 382,219.94 0.08% 31,599. 15 08/15/2028 DD 08/0l/98SEC ID: 36209AET3 GNMA POOL #0465555 6.000% 103.4766 393,532.220 373,548.17 407,213.60 0.09% 33,665.43 09/15/2028 DD 09/0l/98SEC ID: 36209AE48 GNMA POOL #0466845 6.500% 105.2188 36,774.150 38,595.62 38,693.30 0.01% 97.68 06/ 15/2028 DD 06/0l /98SEC ID: 36209BTA6 GNMA POOL #0467279 6.000% 103.4766 20,410.480 19,374.01 21,120.06 0.00% 1,746.05 10/15/2028 DD 10/0l/98SEC ID: 36209CCQ7 GNMA POOL #0467286 6.000% 103.4766 348,712.340 331,004.29 360,835.53 0.08% 29,831.24 10/ 15/2028 DD 10/01 /98SEC ID: 36209CCX2 GNMA POOL #0468052 6.500% 105.2188 112,113.750 117,666.88 117,964.69 0.02% 297.81 07/15/2028 DD 07/0l/98SEC ID: 36209C5M4 GNMA POOL #0468330 6.000% 103.4766 8,847.280 8,398.00 9,154.86 0.00% 756.86 05/15/2028 DD 05/0l/98SEC ID: 36209DHF4 GNMA POOL #0468339 6.000% 103.4766 239,364.600 227,209.38 247,686.25 0.05% 20,476.87 08/15/2028 DD 08/0l/98SEC ID: 36209DHQO GNMA POOL #0469688 6.000% 103.4141 10,329.570 9,805.02 10,682.23 0.00% 877.21 11/15/2028 DD 11/01/98SEC ID: 36209EXR8 GNMA POOL #0476041 6.500% 105.2188 161,798.510 169,559.79 170,242.37 0.04% 682.58 06/ 15/2028 DD 06/0l/98SEC ID: 36209MZE7 GNMA POOL #0478626 6.500% 105.2188 121,527 .690 127,357.23 127,869.92 0.03% 512.69 01/15/2029 DD 01/0l/99SEC ID: 36209QVT9 GNMA POOL #0480598 6.500% 105.2188 28,967.430 30,356.95 30,479.17 0.01% 122.22 10/15/2028 DD 10/01/98SEC ID: 36209S3F6 GNMA POOL #0483452 6.000% 103.4766 13,054.100 12,391.22 13,507.93 0.00% 1,116.71 09/15/2028 DD 09/0l/98SEC ID: 36209WBV3 11 Workbench Asset Detail Report ID: GL8013 Base Currency: USD I by Currency Alternate Base Currency: ! Exchange Rate: 1 OCSD-CONSOLIDATED -OCSGOOOlOOOO 7/3_~/2004 Status: FINAL -------·--· ---- Net Unrealized Price Cost Market Value % of Gain/Loss Description Base Shares Par Base Base Total Base GNMA POOL #0485527 6.500% 105.0938 336,953.470 353,643.21 354,117.04 0.07% 473.83 06/15/2031DD06/01/0lSEC ID: 36209YLG1 GNMA POOL #0485610 6.500% 105.0938 346,130.460 363,274.74 363,761.48 0.08% 486.74 07/15/2031DD07/01/0lSEC ID: 36209YN38 GNMA POOL #0485682 6.500% 105.0000 66,779.510 70,087.18 70,118.49 0.01% 31.31 08/15/2031DD08/01/0lSEC ID: 36209YRB6 GNMA POOL #0485703 6.500% 105.0000 62,479.710 65,574.40 65,603.70 0.01% 29.30 08/15/2031DD08/01/0lSEC ID: 36209YRY6 GNMA POOL #0486720 6.000% 103.4141 10,229.510 9,710.05 10,578.75 0.00% 868.70 12/15/2028 DD 12/0l/98SEC ID: 36210AVM6 GNMA POOL #0491103 6.000%1 103.4141 85,171.460 80,846.36 88,079.26 0.02% 7,232.90 01/15/2029 DD 01/0l/99SEC ID: 36210FRY4 GNMA POOL #0496461 6.000% 103.4141 344,399.660 326,910.62 356,157.67 0.08% 29,247.05 01/15/2029 DD 01/01/99SEC ID: 36210MQN4 GNMA POOL #0497343 6.000% 103.4141 18,670.980 17,722.84 19,308.42 0.00% 1,585.58 12/15/2028 DD 12/01/98SEC ID: 36210NP45 GNMA POOL #0499153 6.000% 103.4141 12,512.300 11,876.90 12,939.48 0.00% 1,062.58 02/15/2029 DD 02/01/99SEC ID: 36210QQE5 GNMA POOL #0500917 6.000% 103.4141 5,275.340 5,007.45 5,455.44 0.00% 447.99 04/15/2029 DD 04/01/99SEC ID: 36210SPAO GNMA POOL #0503388 6.000% 103.4141 220, 174.300 208,993.57 227,691.18 0.05% 18,697.61 03/ 15/2029 DD 03/01/99SEC ID: 36210VF55 GNMA POOL #0506636 6.000% 103.4141 28,936.420 27,466.98 29,924.33 0.01% 2,457.35 04/ 15/2029 DD 04/0l/99SEC ID: 36210YY90 GNMA POOL #0512235 6.500% 105.1563 8,455.400 8,874.20 8,891.38 0.00% 17.18 11/15/2029 DD 11/01/99SEC ID: 36211GBC6 12 Workbench Asset Detail Report ID: GL8013 Base Currency: USD by Currency Alternate Base Currency: ! OCSD-CONSOLIDATED -OCSGOOOlOOOO 7/31/2004 Exchange Rate: Status: FINAL -·------ Net Unrealized I Price Cost Market Value % of Gain/Loss I Description Base Shares Par Base Base Total Base GNMA POOL #0514326 6.500% 105.1563 121,798.570 127,641.09 128,078.81 0.03% 437.72 07/15/2029 DD 07 /01 /99SEC ID: 36211JLF2 GNMA POOL #0530053 6.500% 104.6076 31,119.500 32,660.89 32,553.37 0.01% -107.52 04/15/2031DD04/01/0lSEC ID: 36212CZS3 GNMA POOL #0537885 6.500% 105.0938 92,476.550 97,057.03 97,187.07 0.02% 130.04 02/15/2031DD02/01/0lSEC ID: 36212MRE1 GNMA POOL #0547512 6.500% 105.0938 8,170.020 8,574.70 8,586.18 0.00% 11.48 04/15/2031DD04/01/0lSEC ID: 36212YGV9 GNMA POOL #0547715 6.500% 105.0938 72,626.800 76,110.62 76,326.23 0.02% 215.61 02/ 15/2031 DD 02/01/0lSEC ID: 36212YN82 GNMA POOL #0552322 6.500% 105.0000 53,173.260 55,807.00 55,831.92 0.01% 24.92 01/15/2032 DD Ol/01/02SEC ID: 36213ESK3 GNMA POOL #0552466 6.500% 104.6161 358,378.080 376,128.99 374,921.05 0.08% -1.207.94 03/15/2032 DD 03/01/02SEC ID: 36213EW36 GNMA POOL #0552659 6.500% 105.0000 334,543.800 351,114.16 351,270.99 0.07% 156.83 07 /15/2032 DD 07 /01/02SEC ID: 36213E5U6 GNMA POOL #0561017 6.500% 105.0000 269,149.340 282,480.64 282,606.81 0.06% 126.17 07 /15/2031DD07 /01/0lSEC ID: 36213QG29 GNMA II POOL #0080023VAR RT 101.9627 183,491.590 186,530.66 187,092.98 0.04% 562.32 12/20/2026 DD 12/0l/96SEC ID: 36225CAZ9 GNMA II POOL #080088M 7.375% 100.3670 243 ,881. 410 249,216.32 244,776.33 0.05% -4,439.99 06/20/2027 DD 06/01/97SEC ID: 36225CC20 GNMA II POOL #0080395VAR RT 100.3392 216,033.250 214,075.45 216,765.93 0.05% 2,690.48 04/20/2030 DD 04/01/00SEC ID: 36225CNM4 GNMA II POOL #080408X 6.500% 100.3390 1,929,029.490 1,909,437.78 1,935,567.94 0.41% 26,130.16 05/20/2030 DD 05/01/00SEC ID: 36225CN28 13 Workbench Asset Detail Report ID: GL8013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: ! OCSD-CONSOUDATED -OCSGOOOlOOOO 7/31/2004 Status: FINAL .. Net Unrealized Price Cost Market Value % of Gain/Loss Description Base Shares Par Base Base Total Base GNMA POOL #0080867VAR RT 98.4597 1,017,221.470 989,724.71 1,001,553.21 0.21% 11,828.50 04/20/2034 DD 04/0l/04SEC ID: 36225C6D3 GNMA II POOL #0080900VAR RT 98.4588 382, 178.530 371,847.76 376,288.39 0.08% 4,440.63 05/20/2034 DD 05/0l/04SEC ID: 36225DAA2 GENERAL MTRS ACCEP CORP SR NT 104.8120 3,000,000.000 3,064,350.00 3,144,360.00 0.67% 80,010.00 6.125% 08/28/2007 DD 08/29/02SECID:370425SD3 GOLDMAN SACHS GRP MTN 100.1400 3,800,000.000 3,800,000.00 3,805,320.00 0.81% 5,320.00 #TR00207VAR RT 07 /23/2009 DD 07/23/04SECID:38141EJQ3 GOLDMAN SACHS GROUP INC SR NT 100.8120 3,000,000.000 3,030,030.00 3,024,360.00 0.64% -5,670.00 4.125% 01/15/2008 DD Ol/13/03SECID:38141GCS1 GNMA GTD REMIC TR 2000-9 100.8020 576,921.200 576,921.20 581,548.11 0.12% 4,626.91 FHVAR RT 02/ 16/2030SEC ID: 3837H4NX9 MORGAN STANLEY NT 3.625% 98.8430 3,200,000.000 3, 195,648.00 3, 162,976.00 0.67% -32,672.00 04/01/2008 DD 03/06/03SEC ID: 617446HW2 NATIONSBANK CORP7.750% 100.1870 600,000.000 615,546.00 601,122.00 0.13% -14,424.00 08/15/2004SECID:638585AJ8 PACIFICORP SECD MTN #TR 00115 101.1870 3,000,000.000 2,950,530.00 3,035,610.00 0.64% 85,080.00 7.300% 10/22/2004 DD 10/22/92SECID:69512EEU5 RESIDENTIAL ASSET 03-RSl l 99.5625 849,354.680 849,354.68 845,638.75 0.18% -3,715.93 AIIBVAR RT 12/25/2033 DD 12/30/03SECID:760985K83 SBA GTD DEV PARTN 2001-20C 16. 106.7150 3 ,260 ,886.080 3,260,886.08 3,479,854.58 0.74% 218,968.50 340% 03/0l/2021SEC ID: 83162CWO SBA GTD PARTN CTFS SBIC-PS 01 107.0800 2,069,684.500 2,069,684.50 2,216,218.16 0.47% 146,533.66 6.640% 02/10/2011 DD 02/21/01SECID:831641DD4 UNITED AIRLS PASSTHRU 01-1 C 6. 9.6100 1,600,000.000 1,600,000.00 153,760.00 0.03% -1,446,240.00 831% 03/01/2010 DD 08/22/01SECID:9093178C2 U S TREASURY NOTES06.250% 108.0940 20,000,000.000 22,620,312.50 21,618,800.00 4.58% -1,001,512.50 02/15/2007 DD 02/15/97SEC ID: 9128272JO 14 Workbench Asset Detail Report ID: GL8013 Base Currency: USD by Currency Alternate Base Currency: Exchange Rate: : OCSD-_~ONSOUDATED: OCSG00010000 7/31/2004 Status: FINAL --------·----·-------·---- Net Unrealize-~ Price Cost Market Value % of Gain/Loss Description Base Shares Par Base Base Total Base I US TREASURY INFLATION INDEX 107.2190 16,706,480.000 14,788,538.33 17,912,520.79 3.79% 3,123,982.46 NT 3.375% 01/15/2007 DD 01/15/97SECID:9128272M3 US TREASURY INFLATION INDEX NT 109.5000 3,510,840.000 3 ,820 ,341.35 3 ,844 ,369 .80 0.81% 24,028.45 3.625%01/15/2008 DD 01/15/98SECID:9128273T7 US TREASURY INFLATION INDEX NT 111.8440 14,986,790.000 16,612, 150.11 16,761,825.41 3.55% 149,675.30 3.875% 01/15/2009 DD 01/15/99SECID:9128274Y5 US TREASURY NOTES05.750% 104.4065 3,900,000.000 4,288,149.14 4,071,853.50 0.86% -216,295.64 11/15/2005 DD 11/15/00SEC ID: 9128276N7 U S TREASURY NOTES 3.375% 99.3100 17 ,600,000.000 17 ,405,000.00 17,478,560.00 3.70% 73,560.00 12/ 15/2008 DD 12/ 15/03SEC ID: 9128288T6 U S TREASURY NOTES 1.875% 99.2500 61,000,000.000 60,967,721.21 60,542,500.00 12.82% -425,221.21 01/31/2006 DD 01/31/04SEC ID: 912828BX7 U S TREASURY NOTES 1.625% 98.7188 17 ,000,000.000 17,045,156.25 16,782, 187.50 3.55% -262,968.75 02/28/2006 DD 02/29/04SEC ID: 912828CB4 U S TREASURY NOTES 2.250% 99.5300 33,000,000.000 32,835,000.00 32,844,900.00 6.96% 9,900.00 04/30/2006 DD 04/30/04SEC ID: 912828CF5 US TREASURY NOTES 2.750% 100.2200 27 ,500,000.000 27 ,463,468.63 27 ,560,500.00 5.84% 97,031.37 06/30/2006 DD 06/30/04SEC ID: 912828CMO US TREASURY NOTES 2.750% 100.1900 11,000,000.000 10,989,990.00 11,020,900.00 2.33% 30,910.00 07 /31/2006 DD 07 /31/04SEC ID: 912828CQ1 VIRGINIA ELEC & PWR 01 SER AS. 104.3590 1,750,000.000 1,743,840.00 1,826,282.50 0.39% 82,442.50 750% 03/31/2006 DD 03/27/01SECID:927804ENO TOTAL FIXED INCOME SECURITIES 364,586,555. 930 369,216,351.24 370,518,197.49 78.46% 1,301,846.25 TOTAL ASSETS U.S. DOLLAR 478,488, 107.440 470,932,924.49 472,234, 770. 74 100.00% 1,301,846.25 TOTAL ASSETS • BASE: 478,488, 107.440 470,932,924.49 472,234, 770. 74 100.00% 1,301,846.25 15 Workbench ~ Mellon OCSD-CONSOLIDATED -OCSGOOO 10000 Transaction Detail Reported by Transaction Category 7/1/2004 -7/30/2004 · T~deDate settle::Date: Tran TY~ ··· .. ~·; Rep~ttedD.te .. •· '; -' >--~ Base. · .. Spares/ Par ·.cost .•Base· RECEIPI'S AND DISBURSEMENT TRANSACTIONS DISTRIBUTION TO PLAN ADMINISTRATOR U.S. DOLLAR CW WIRE TO PLAN ADMINISTRATOR SEC ID: NA9123459 OCSF07522202: LONG TERM OPER-PIMCO PURCHASES B B B B B CASH & CASH EQUIVALENTS U.S. DOLLAR FEDERAL HOME LN BKS CONS DISC SEC ID: 313384K73 BROKER: CITIGROUP GBL MKTS/SALOMON, NEW YORK OCSF07511102: LIQUID OPER-PIMCO FEDERAL HOME LN BKS CONS DISC SEC ID: 313384K73 BROKER: CHASE/GREENWICH CAP, NEW YORK OCSF07511102: LIQUID OPER-PIMCO FEDERAL HOME LN MTG CORP DISC MAT 10/25/2004 SEC ID: 313396L92 BROKER: BANC OF AMERICA SEC LLC, SAN FRANCISCO OCSF07522202: LONG TERM OPER-PIMCO FEDERAL HOME LN MTG CORP DISC MAT 11/08/2004 SEC ID: 313396N7 4 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO FEDERAL HOME LN MTG CORP DISC MAT 11/24/2004 SEC ID: 313396Q71 BROKER: MERRILL LYNCH PIERCE FENNER SMITH INC NY OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 7/30/2004 7/30/2004 7/16/2004 7/16/2004 7/16/2004 7/19/2004 7/19/2004 7/19/2004 7/1/2004 7/1/2004 7/1/2004 7/8/2004 7/8/2004 7/8/2004 7/20/2004 7/20/2004 7/20/2004 99.6284 99.6407 99.4973 99.4738 99.4461 1 0.000 -31,000,000.00 7,700,000.000 7 ,671,388.08 4,000,000.000 3,985,626.67 1,600,000.000 1,591,957.33 3,900,000.000 3,879,479.50 400,000.000 397,784.56 Report ID: EWB009 Base Currency: USD Status: FINAL Amount Base -31,000,000.00 -7,671,388.08 -3,985,626.67 -1,591,957.33 -3,879,479.50 -397,784.56 Net Gahl/Loss Base 0.00 0.00 0.00 0.00 0.00 0.00 Workbench @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE DO!Il2Cl 60 00000000 7/1/2004 -7/30/2004 Status: FINAL '>r , •" ·. •.Trade Date. : . . Tran I .. . : settle Date Price.·· -.. .Cost ADioWit Net Gain/Loss .. . ' r • • ' Ty~._ Desciij;tt~n. · .. , : :<,;_Reported Date .. Base.. .. .. ·Shares/Par -. Base ··: Base, .. ·Base· B FEDERAL NATL MTG ASSN DISCOUNT MAT 7/27/2004 99.7071 2,000,000.000 1;994,142.50 -1,994,142.50 0.00 10/06/2004 7/27/2004 SEC ID: 31358&163 7/27/2004 BROKER: BANC OF AMERICA SEC LLC, SAN FRANCISCO OCSF07522202: LONG TERM OPER-PIMCO B FEDERAL NATL MTG ASSN DISC NTS MAT 7/1/2004 99.4602 7,700,000.000 7,658,432.83 -7 ,658,432.83 0.00 11/01/2004 7/1/2004 SEC ID: 313588M85 7/1/2004 BROKER: MORGAN STANLEY & CO INC, NY OCSF07522202: LONG TERM OPER-PIMCO B GENERAL ELEC CAP DISC 11/16/2004 7/16/2004 99.4499 3,600,000.000 3,580,197.00 -3,580,197.00 0.00 SEC ID: 36959 HLGO 7/16/2004 BROKER: CITIBANK CP IPA, NEW YORK 7/16/2004 OCSF07522202: LONG TERM OPER-PIMCO B GENERAL ELEC CAP DISC 11 /08/2004 7/8/2004 99.4568 10, 700,000.000 10,641,872.25 -10,641,872.25 0.00 SEC ID: 36959HL88 7/8/2004 BROKER: CITIBANK CP IPA, NEW YORK 7/8/2004 OCSF07522202: LONG TERM OPER-PIMCO B US TREASURY BILL DUE 08/26/2004 DD 7/27/2004 99.8969 5,600,000.000 5,594,228.89 -5 ,594 ,228.89 0.00 02/26/2004 7/29/2004 SEC ID: 912795QZ7 7/27/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07511102: LIQUID OPER-PIMCO B WELLS FARGO BKNAINSTLC/D 1.370% 7/20/2004 100.0000 2,000,000.000 2,000,000.00 -2,000,000.00 0.00 08/25/2004 DD 07/22/04 7/22/2004 SEC ID: 9497POZ38 7/20/2004 BROKER: WELLS FARGO BROKERAGE SVCS LLC, MINNEAP OCSF07511102: LIQUID OPER-PIMCO B WELLS FARGO BANK NA INSTL C/D 1.370% 7/19/2004 100.0000 200,000.000 200,000.00 -200,000.00 0.00 08/24/2004 DD 07/20/04 7/20/2004 SEC ID: 9497POZ53 7/19/2004 BROKER: WELLS FARGO BROKERAGE SVCS LLC, MINNEAP OCSF07511102: LIQUID OPER-PIMCO 8/6/2004 8:50:54AM PDT 2 Workbench Transaction Detail . ~ Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDom2 0 60 DDODOCIOO 7/1/2004-7/30/2004 Status: FINAL .. Trade Date .. .. Trali'· . " ~ ~ -: : ' ,,._..., f. ·-Settle Date . Price· .. .. ·eost· Amount. Net Gain/Loss '. Ty,pe. · :D~~crfptt~n ~>-'· " •· •'· \' " ~a~pc>i-ted ·nat:e, .Base '. ·Shares/Par ·;. c ·: ..... ·:"._·, ·.ease --·Base· '' ,Base . .. B CREDIT SUISSE FB REPO 01.250% 07 /02/2004 7/1/2004 100.0000 17,700,000.000 17,700,000.00 -17,700,000.00 0.00 DD 07 /01/04 7/1/2004 SEC ID: 99422E192 7/1/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO B LEHMAN BROTHERS REPO 01.150% 7/6/2004 100.0000 17 '700,000.000 17,700,000.00 -17,700,000.00 0.00 07/07/2004 DD 07/06/04 7/6/2004 SEC ID: 99422J001 7/6/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO B LEHMAN CAT2 REPO 01.170%07/08/2004 DD 7/7/2004 100.0000 17 ,800,000.000 17 ,800,000.00 -17,800,000.00 0.00 07/07/04 7/7/2004 SEC ID: 99422K487 7/7/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO B CREDIT SUISSE FB REPO 01.210%07 /09/2004 7 /8/2004 100.0000 4,400,000.000 4,400,000.00 -4,400,000.00 0.00 DD 07 /08/04 7/8/2004 SEC ID: 99422L220 7/8/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07522202: LONG TERM OPER-PIMCO B CS FOB CAT 2 REPO 01.230% 07/09/2004 DD 7/8/2004 100.0000 17 ,800,000.000 17,800,000.00 -17 ,800,000.00 0.00 07/08/04 7/8/2004 SEC ID: 99422L923 7/8/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO B CREDIT SUISSE FB REPO 01.190%07 /12/2004 7 /9/2004 100.0000 17,800,000.000 17,800,000.00 -17,800,000.00 0.00 DD 07 /09/04 7/9/2004 SEC ID: 99422N135 7/9/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO B LEHMAN CAT 2REPO01.220% 07 / 13/2004 DD 7/12/2004 100.0000 17,800,000.000 17 ,800,000.00 -17,800,000.00 0.00 07/12/04 7/12/2004 SEC ID: 99422P866 7/12/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO 816/2004 8:50:54AM PDT 3 Workbench @ Mellon OCSD-CONSOLIDATE DJJII2 D 60 OO~DDODQ Transaction Detail Reported by Transaction Category 7/1/2004 -7/30/2004 8 8 B B 8 B B Trade Date. ·. settle i>ate , ' Price.: Reported~ :Dite. , :·, ~ · Base Tran Ty~ '.i Deii~ription CREDIT SUISSE FB REPO 01.230% 07/14/2004 7/13/2004 DD 07/13/04 7/13/2004 SEC ID: 99422Q534 BROKER: CREDIT SUISSE FIRST BOSTON 7 / l3/2004 CORP, NY OCSF07511102: LIQUID OPER-PIMCO LEHMAN BROTHERS REPO 01.200% 07/ 15/2004 DD 07/14/04 SEC ID: 99422S753 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO 7/14/2004 7/14/2004 7/14/2004 CREDIT SUISSE FB REPO 01.270% 07/16/2004 7/15/2004 DD 07 /15/04 7I15/2004 SEC ID: 99422U204 BROKER: CREDIT SUISSE FIRST BOSTON 7 / l5/2004 CORP, NY OCSF07511102: LIQUID OPER-PIMCO LEHMAN CAT 2REPO01.230% 07 /19/2004 DD 7/16/2004 07/16/04 7/16/2004 SEC ID: 99422V905 BROKER: LEHMAN GOVT SECS INC, NY 7I16/2004 OCSF0751l102: LIQUID OPER-PIMCO CREDIT SUISSE FB REPO 01.2400/o 07 /20/2004 7/19/2004 DD 07 /19/04 7 /19/2004 SEC ID: 99422W440 BROKER: CREDIT SUISSE FIRST BOSTON 7I19 /2004 CORP, NY OCSF07511102: LIQUID OPER-PIMCO LEHMAN CAT 2 REPO 01.210%07/21/2004 DD 7 /20/2004 ~~c2~6~;9422Y792 7/2012004 BROKER: LEHMAN GOVT SECS INC, NY 7 /2 0/2004 OCSF07511102: LIQUID OPER-PIMCO LEHMAN CAT 2 REPO 01.180% 07 /22/2004 DD 7 /21/2004 ~~C2~~;9423Al81 7 /2 l/2 oo4 BROKER: LEHMAN GOVT SECS INC, NY 7/21/2004 OCSF07511102: LIQUID OPER-PIMCO 100.0000 100.0000 100.0000 100.0000 100.0000 100.0000 100.0000 8/6/2004 8:50:54AM PDT 17 ,900 ,000.000 17,900,000.000 18,700,000.000 20,000,000.000 18,000,000.000 17,800,000.000 13,600,000.000 4 ·cost Base~.·· 17,900,000.00 17 ,900,000.00 18,700,000.00 20,000,000.00 18,000,000.00 17,800,000.00 13,600,000.00 ReportlD: E'WB009 Base Currency: USD Status: FINAL Amount· :Base -17,900,000.00 -17,900,000.00 -18,700,000.00 -20,000,000.00 -18,000,000.00 -17,800,000.00 -13,600,000.00 Net Gaiil/LC>ss .,.,~Base 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Workbench Transaction Detail -. @ Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDJiJli2 J 60 oo:mo:mo 7/1/2004 -7/30/2004 Status: FINAL ·Trade Date ·.·' ': ... '. " ·Price Net Gain/Loss· Tran. Settle Da~e · Cost AmoUD.t: typ,e Description · ':.,-, ... Reported Date Base Shares/Par Base Base. :.l :Base· . ,-. '· B LEHMAN CAT 2REPO01.220% 07 / 23/2004 DD 7/22/2004 100.0000 15,800,000.000 15,800,000.00 -15,800,000.00 0.00 07/22/04 7/22/2004 SEC ID: 99423 8577 7/22/2004 BROKER: LEHMAN GOVf SECS INC, NY OCSF0751l102: LIQUID OPER-PIMCO B LEHMAN CAT 2REPO01.230% 07 / 26/2004 DD 7/23/2004 100.0000 15,800,000.000 15,800,000.00 -15,800,000.00 0.00 07/23/04 7/23/2004 SEC ID: 994230045 7/23/2004 BROKER: LEHMAN GOVf SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO B CREDIT SUISSE FB REPO 01.230%07 /27/2004 7 /26/2004 100.0000 2,000,000.000 2,000,000.00 -2,000,000.00 0.00 DD 07 /26/04 7/26/2004 SEC ID: 99423E597 7/26/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07522202: LONG TERM OPER-PIMCO B LEHMAN CAT 2REPO01.220% 07 / 27 /2004 DD 7/26/2004 100.0000 15,800,000.000 15,800,000.00 -15,800,000.00 0.00 07/26/04 7/26/2004 SEC ID: 99423E787 7/26/2004 BROKER: LEHMAN GOVf SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO B LEHMAN BROTHERS REPO 01.240% 7/27/2004 100.0000 15,800,000.000 15,800,000.00 -15,800,000.00 0.00 07 / 28/2004 DD 07 /27 /04 7/27/2004 SEC ID: 99423F958 7/27/2004 BROKER: LEHMAN GOVf SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO B CREDIT SUISSE FB REPO 01.260% 07 /29/2004 7 /28/2004 100.0000 10,200,000.000 10,200,000.00 -10,200,000.00 0.00 DD 07 /28/04 7/28/2004 SEC ID: 994230741 7/28/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO B LEHMAN BROTHERS REPO 01.280% 7/29/2004 100.0000 10,200,000.000 10,200,000.00 -10,200,000.00 0.00 07 / 30/2004 DD 07 /29 /04 7/29/2004 SEC ID: 99423Kl48 7/29/2004 BROKER: LEHMAN GOVf SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO 8/6/2004 8:50:54AM PDT 5 Workbench fb Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDornr:2 :J 60 DOLJDOOOD 7/1/2004 -7 /30/2004 Status: FINAL ., .. Trade.Date .I Tran , ~-. ' : ,~ .. .. .. settle ):>ate Price .. . Cost Ainowit · Net Gahi./~ss . .. . . .. :ty~.·nescnpttoli"·:.:. ·. .. ':··;'-.: -Reported· Date · .. Base · Shares/Par · · , .. Bue Base ·Base B CREDIT SUISSE FB REPO 01.260%08/02/2004 7 /30/2004 100.0000 10,200,000.000 10,200,000.00 -10,200,000.00 0.00 DD 07 /30/04 7/30/2004 SEC ID: 994231..666 7/30/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO 8 DREYFUS TREASURY CASH MGMT 7/1/2004 1.0000 590.000 590.00 -590.00 0.00 SEC ID: 996085247 7/1/2004 OCSF0751l102: LIQUID OPER-PIMCO 7/1/2004 B DREYFUS TREASURY CASH MGMT 7/2/2004 1.0000 17,700,614.580 17,700,614.58 -17,700,614.58 0.00 SEC ID: 996085247 7/2/2004 OCSF07511102: LIQUID OPER-PIMCO 7/2/2004 B DREYFUS TREASURY CASH MGMT 7/6/2004 1.0000 988.280 988.28 -988.28 0.00 SEC ID: 996085247 7/6/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/6/2004 B DREYFUS TREASURY CASH MGMT 7/7/2004 1.0000 656.250 656.25 -656.25 0.00 SEC ID: 996085247 7/7/2004 OCSF07511102: LIQUID OPER-PIMCO 7/7/2004 B DREYFUS TREASURY CASH MGMT 7/8/2004 1.0000 578.500 578.50 -578.50 0.00 SEC ID: 996085247 7/8/2004 OCSF07511102: LIQUID OPER-PIMCO 7/8/2004 B DREYFUS TREASURY CASH MGMT 7/8/2004 1.0000 1,104,171.950 1,104,171.95 -1,104, l 71.95 0.00 SEC ID: 996085247 7/8/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/8/2004 B DREYFUS TREASURY CASH MGMT 7/9/2004 1.0000 608.170 608.17 -608.17 0.00 SEC ID: 996085247 7/9/2004 OCSF07511102: LIQUID OPER-PIMCO 7/9/2004 8 DREYFUS TREASURY CASH MGMT 7/12/2004 1.0000 1,765.170 1,765.17 -1,765.17 0.00 SEC ID: 996085247 7/12/2004 OCSF07511102: LIQUID OPER-PIMCO 7/12/2004 B DREYFUS TREASURY CASH MGMT 7/13/2004 1.0000 2,187.220 2,187.22 -2,187.22 0.00 SEC ID: 996085247 7/13/2004 OCSF07511102: LIQUID OPER-PIMCO 7/13/2004 8/6/2004 8:50:54AM PDT 6 Workbench fb Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLI DATED:m2 0 60 OOOOOJOO 7/1/2004-7/30/2004 Status: FINAL Tran .:.Trade:D~te .· Price Cost Net, Gain/Loss · : Settle bate , Amount·: · TyJ»e.:.::Descrfptl~n " , ~: , ',' ': ', • • ~ I • Reported .Date. Base·:·. Shares/Pai." Base Base 'Base B DREYFUS TREMURY CASH MGMT 7/14/2004 1.0000 611.580 611.58 -611.58 0.00 SEC ID: 996085247 7/14/2004 OCSF07511102: LIQUID OPER-PIMCO 7/14/2004 B DREYFUS TREASURY CASH MGMT 7/14/2004 1.0000 672,801.560 672,801.56 -672,801.56 0.00 SEC ID: 996085247 7/14/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/14/2004 B DREYFUS TREMURY CASH MGMT 7/15/2004 1.0000 l, 144,201.820 1,144,201.82 -1,144,201.82 0.00 SEC ID: 996085247 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 B DREYFUS TREMURY CASH MGMT 7/16/2004 1.0000 29,271.610 29,271.61 -29,271.61 0.00 SEC ID: 996085247 7/16/2004 OCSF07511102: LIQUID OPER-PIMCO 7/16/2004 B DREYFUS TREASURY CASH MGMT 7/19/2004 1.0000 18,145.550 18,145.55 -18,145.55 0.00 SEC ID: 996085247 7/19/2004 OCSF0751l102: LIQUID OPER-PIMCO 7/19/2004 B DREYFUS TREMURY CASH MGMT 7/20/2004 1.0000 620.000 620.00 -620.00 0.00 SEC ID: 996085247 7/20/2004 OCSF07511102: LIQUID OPER-PIMCO 7/20/2004 B DREYFUS TREASURY CASH MGMT 7/21/2004 1.0000 4 ,200 ,598.280 4,200,598.28 -4,200,598.28 0.00 SEC ID: 996085247 7/21/2004 OCSF07511102: LIQUID OPER-PIMCO 7/21/2004 B DREYFUS TREMURY CASH MGMT 7/23/2004 1.0000 535.440 535.44 -535.44 0.00 SEC ID: 996085247 7/23/2004 OCSF07511102: LIQUID OPER-PIMCO 7/23/2004 B DREYFUS TREMURY CASH MGMT 7/26/2004 1.0000 1,619.500 1,619.50 -1,619.50 0.00 SEC ID: 996085247 7/26/2004 OCSF07511102: LIQUID OPER-PIMCO 7/26/2004 B DREYFUS TREMURY CASH MGMT 7/26/2004 1.0000 44,172.970 44,172.97 -44,172.97 0.00 SEC ID: 996085247 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 8/6/2004 8:50:54AM PDT 7 Workbench fb Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE Dornr2:J 6DODJOO:JOO 7/1/2004 -7/30/2004 Status: FINAL Trade Date T1-1m··" Price ... ·.Cost Amount: Net Gaiil/LOss ~ttle Date .. ,, Type .·:Description. · ··Reported.· Date · .Base Shares/Par Base Base· •·. Base B DREYFUS TREASURY CASH MGMT 7/27/2004 1.0000 5,925.830 5,925.83 -5,925.83 0.00 SEC ID: 996085247 7/27/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/27/2004 B DREYFUS TREASURY CASH MGMT 7/27/2004 1.0000 535.440 535.44 -535.44 0.00 SEC ID: 996085247 7/27/2004 OCSF07511102: LIQUID OPER-PIMCO 7/27/2004 B DREYFUS TREASURY CASH MGMT 7/28/2004 1.0000 5,600,544.220 5,600,544.22 -5,600,544.22 0.00 SEC ID: 996085247 7/28/2004 OCSF07511102: LIQUID OPER-PIMCO 7/28/2004 B DREYFUS TREASURY CASH MGMT 7/29/2004 1.0000 26,997,218.410 26,997,218.41 -26,997,218.41 0.00 SEC ID: 996085247 7/29/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/29/2004 B DREYFUS TREASURY CASH MGMT 7/30/2004 1.0000 362.670 362.67 -362.67 0.00 SEC ID: 996085247 7/30/2004 OCSF07511102: LIQUID OPER-PIMCO 7/30/2004 TOTAL CASH & CASH EQUIVALENTS U.S. DOLLAR: 437 ,629,325.000 437,424,434.61 -437 ,424,434.61 0.00 TOTAL CASH & CASH EQUIVALENTS BASE: 437 ,629,325.000 437,424,434.61 -437 ,424,434.61 0.00 FIXED INCOME SECURITIES U.S. DOLLAR B COMMIT TO PUR FNMA SF MTG 5.000% 7/15/2004 100.4219 22,000,000.000 22,092,812.50 -22,092,812.50 0.00 08/01/2019 DD 08/01 /04 8/17/2004 SEC ID: 01F050486 7/15/2004 BROKER: UBS SECURITIES LLC, NEW YORK OCSF07522202: LONG TERM OPER-PIMCO B COMMIT TO PUR FNMA SF MTG 5.500% 7/13/2004 99.8672 3,000,000.000 2,996,015.62 -2,996,015.62 0.00 08/01/2034 DD 08/01 /04 8/12/2004 SEC ID: 01F052680 7/13/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 8 Workbencb. .. .. ~ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDDII!I2 ::J 60 00000000 7/1/2004-7/30/2004 Status: FINAL ·. Trade .Da~e . :. Trail: " Settle Date . .. Price cost Anlouilt · Net.Gabi/Loss 'J)pe .· Deseriptto.i . •,I•' < · · Reported Da.t:e·. Base Shares/Par .. Base~· Base .. Base . · B COMMIT TO PUR GNMA II VAR RT 08/20/2033 7/19/2004 99.9375 1,400,000.000 1,399,125.00 -1,399,125.00 0.00 DD 08/01/03 8/24/2004 SEC ID: 16H032688 7/19/2004 BROKER: BEAR STEARNS & CO INC, NY OCSF07522202: LONG TERM OPER-PIMCO B GOLDMAN SACHS GRP MTN #TR00207 VAR RT 7/20/2004 100.0000 3,800,000.000 3,800,000.00 -3,800,000.00 0.00 07/23/2009 DD 07/23/04 7/23/2004 SEC ID: 38141EJQ3 7/20/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO B US TREASURY NOTES 3.375% 12/15/2008 DD 7 /7 /2004 99.4688 6,400,000.000 6,366,000.00 -6,366,000.00 0.00 12/15/03 7/9/2004 SEC ID: 912828BT6 7/7/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PJMCO IB US TREASURY NOTES 3.375% 12/15/2008 DD 7 /7 /2004 99.4688 0.000 0.00 -14,163.94 0.00 12/15/03 7/9/2004 SEC ID: 912828BT6 7/7/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO B US TREASURY NOTES 1.875%01/31/2006 DD 7 /28/2004 99.0333 27 ,000,000.000 26,738,980.74 -26,738,980.74 0.00 01/31/04 8/18/2004 SEC ID: 912828BX7 7/28/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07522202: LONG TERM OPER-PIMCO IB US TREASURY NOTES 1.875% 01/31/2006 DD 7 /28/2004 99.0333 0.000 0.00 -24,762.23 0.00 01/31/04 8/18/2004 SEC ID: 912828BX7 7/28/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07522202: LONG TERM OPER-PIMCO B US TREASURY NOTES 2.750%06/30/2006 DD 7 /13/2004 100.2234 7 ,000,000.000 7,015,634.57 -7,015,634.57 0.00 06/30/04 8/18/2004 SEC ID: 912828CMO 7/13/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO IB US TREASURY NOTES 2.750% 06/30/2006 DD 7/13/2004 100.2234 0.000 0.00 -25,631.79 0.00 06/30/04 8/18/2004 SEC ID: 912828CMO 7/13/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 9 Workbench @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDmI206DDDClOOJOO 7/1/2004 -7/30/2004 Status: FINAL ... · ._ Tracte •Date Price Tran: · '. ,. >-, s~ttle Date: · Cost Amount Net Gain/LOss ·.~it,e ·.Des~ptlo~-:/ · · . . .,. R~poded ~ate. · · "-Jia.ae·. · share's/Par . · .. Base ·Base ·Baae ---. . --. B U S TREASURY NOTES 2.625% 07 /31/ 2006 DD 7 /28/2004 99.9090 11,000,000.000 10,989,990.00 -10,989,990.00 0.00 07/31/04 8/2/2004 SEC ID: 912828CQ1 7/28/2004 BROKER: MORGAN STANLEY & CO INC, NY OCSF07522202: LONG TERM OPER-PIMCO IB US TREASURY NOTES 2.625% 07 /31/ 2006 DD 7 /28/2004 99.9090 0.000 0.00 -1,644.02 0.00 07/31/04 8/2/2004 SEC ID: 912828CQ1 7/28/2004 BROKER: MORGAN STANLEY & CO INC, NY OCSF07522202: LONG TERM OPER-PIMCO TOTAL FIXED INCOME SECURITIES U.S. DOLLAR: 81,600,000.000 81,398,558.43 -81,464, 760.41 o.oo TOTAL FIXED INCOME SECURITIES BASE: 81,600,000.000 81,398,558.43 -81,464,760.41 0.00 TOTAL PURCHASES BASE: 519,229,325.000 518,822,993.04 -518,889,195.02 0.00 PAY UPS FIXED INCOME SECURITIES U.S. DOLLAR PU FHLMC MULTICLASS MTG SER E3 A VAR RT 6/1/2004 100.0000 2.050 2.05 -2.05 0.00 08/ 15/2032 DD 12/01/97 6/1/2004 SEC ID: 3133TCE95 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PU FHLMC MULTICLASS MTG SER E3 A VAR RT 7/1/2004 100.0000 9.100 9.10 -9.10 0.00 08/ 15/2032 DD 12/01 /97 7/1/2004 SEC ID: 3133TCE95 7/1/2004 OCSF07522202: LONGTERM OPER-PIMCO PU US TREASURY INFLATION INDEX NT 3.375% 7/15/2004 100.0000 95,760.000 95,760.00 -95,760.00 0.00 Ol/ 15/2007DD01/ 15 /97 7/15/2004 SEC ID: 9128272M3 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO PU US TREASURY INFLATION INDEX NT 3.625% 7/15/2004 100.0000 20,130.000 20,130.00 -20,130.00 0.00 01/ 15/2008 DD Ol/ 15/98 7/15/2004 SEC ID: 9128273T7 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 10 Workbench.. .. .. @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCS D.CO NSO LI DATE Dim2 0 60 DD :JOO 0 OD 7/1/2004 -7/30/2004 Status: FINAL · .: , Tra~e Date , ... . .. ·. Price: Tran .. Cost .. Amount " .. Net Gain/Loss . . . · .· .. _settle·Date . . . Type . Descrlptlon : ~, · · · -~p~rl:ed:D'ate: .. :•Base·;·· · Shares/Par . Base-· ·Base::_ Bue PU US TREASURY INFLATION INDEX NT 3.875% 7/15/2004 100.0000 85,930.000 85,930.00 -85,930.00 0.00 Ol/ 15/2009 DD 01/15/99 7/15/2004 SEC ID: 9128274YS 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO TOTAL FIXED INCOME SECURITIES U.S. DOLLAR: 201,831.150 201,831.15 -201,831.15 0.00 TOTAL FIXED INCOME SECURITIES BASE: 201,831.150 201,831.15 -201,831.15 0.00 TOTAL PAY UPS BASE: 201,831.150 201,831.15 -201,831.15 0.00 SALES CASH & CASH EQUIVALENTS U.S. DOLLAR s FEDERAL HOME LN MTG CORP DISC MAT 7/14/2004 99.4973 -1,600,000.000 -1,591,957.33 1,591,957 .33 0.00 10/25/2004 7/14/2004 SEC ID: 313396L92 7/14/2004 BROKER: MORGAN STANLEY & CO INC, NY OCSF07522202: LONG TERM OPER-PIMCO IS FEDERAL HOME LN MTG CORP DISC MAT 7/14/2004 99.4973 0.000 0.00 1,542.23 0.00 10/25/2004 7/14/2004 SEC ID: 313396L92 7/14/2004 BROKER: MORGAN STANLEY & CO INC, NY OCSF07522202: LONG TERM OPER-PIMCO s FEDERAL HOME LN MTG CORP DISC MAT 7/14/2004 99.4738 -3,900,000.000 -3,879,479.50 3,879,479.50 0.00 11/08/2004 7/14/2004 SEC ID: 313396N7 4 7/14/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07522202: LONG TERM OPER-PIMCO IS FEDERAL HOME LN MTG CORP DISC MAT 7/14/2004 99.4738 0.000 0.00 1,127.75 0.00 11/08/2004 7/14/2004 SEC ID: 313396N7 4 7/14/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07522202: LONG TERM OPER-PIMCO s FEDERAL NATL MTG ASSN DISCOUNT MAT 7/30/2004 99.7071 -2,000,000.000 -1,994,142.50 1,994,142.50 0.00 10/06/2004 7/30/2004 SEC ID: 31358&163 7/30/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 11 Workbench @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLI DATEDrn:n:2 0 60 00000'.JDO 7/1/2004 -7 /30/2004 Status: FINAL :···.Trade Date 'Tran .:· ·" ·:. _, · :se~q~'.Datc{ .Price··. • I ~ cost· ·Amount . Net Gain/Loss Type llescdptlon • ,ii t ~ ~ . . ' ~ Reported ~te Base''· · shares/Par · Base _.:.Base ··Base v ··: ~ IS FEDERAL NATL MTG ASSN DISCOUNT MAT 7/30/2004 99.7071 0.000 0.00 304.17 0.00 10/06/2004 7/30/2004 SEC ID: 31358&163 7/30/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO s FEDERAL NATL MTG ASSN DISC NTS MAT 7/14/2004 99.4602 -7,700,000.000 -7,658,432.83 7,658,432.83 0.00 11/01/2004 7/14/2004 SEC ID: 313588M85 7/14/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07522202: LONG TERM OPER-PIMCO IS FEDERAL NATL MTG ASSN DISC NTS MAT 7/14/2004 99.4602 0.000 0.00 6,040.23 0.00 11/01/2004 7/14/2004 SEC ID: 313588M85 7/14/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07522202: LONG TERM OPER-PJMCO s GENERAL ELEC CAP DISC l l / 16/2004 7/23/2004 99.4499 -l, 100,000.000 -1,093,949.08 1,093,949.08 0.00 SEC ID: 36959HLGO 7/23/2004 BROKER: GOLDMAN SACHS & CO, NY 7/23/2004 OCSF07522202: LONG TERM OPER-PIMCO IS GENERAL ELEC CAP DISC 1l/16/2004 7/23/2004 99.4499 0.000 0.00 557.03 0.00 SEC ID: 36959HLGO 7/23/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO 7/23/2004 s GENERAL ELEC CAP DISC 11/16/2004 7/30/2004 99.5004 -2,000,000.000 -1,988,998.34 1,990,008.34 1,010.00 SEC ID: 36959HLGO 7/30/2004 BROKER: MERRILL LYNCH PIERCE FENNER SMITH INC NY 7/30/2004 OCSF07522202: LONG TERM OPER-PIMCO s GENERAL ELEC CAP DISC 1 l /08/2004 7/14/2004 99.4930 -8,000,000.000 -7,956,540.00 7,959,440.00 2,900.00 SEC ID: 36959HL88 7/14/2004 BROKER: MORGAN STANLEY & CO INC, NY OCSF07522202: LONG TERM OPER-PIMCO 7/14/2004 s GENERAL ELEC CAP DISC 11 /08/2004 7/23/2004 99.4568 -2, 700,000.000 -2,685,332.25 2,685,332.25 0.00 SEC ID: 36959HL88 7/23/2004 BROKER: MORGAN STANLEY & CO INC, NY 7/23/2004 OCSF07522202: LONG TERM OPER-PIMCO IS GENERAL ELEC CAP DISC 11 /08/2004 7/23/2004 99.4568 0.000 0.00 1,707.75 0.00 SEC ID: 36959HL88 7/23/2004 BROKER: MORGAN STANLEY & CO INC, NY 7/23/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 12 \Vorkbenc~ . 8 Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD.CONSOLIDATED::Il!!2 :J 60 OODDO:JOD 7/1/2004-7/30/2004 Status: FINAL ". Trade Date . . -Price cost Amount Net Gain/LOss .. Tran· .. · Settle. Date .. ; Type · Shares/P~ ... . ' ·.Description , · Repod:ea;Date . Base .. Base-Base Base ,'. s CREDIT SUISSE FB REPO 01.200% 07 /01/2004 7/1/2004 100.0000 -17,700,000.000 -17,700,000.00 17,700,000.00 0.00 DD 06/30/04 7/1/2004 SEC ID: 99422 D533 7/1/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO IS CREDIT SUISSE FB REPO 01.200% 07 /01/2004 7/1/2004 100.0000 0.000 0.00 590.00 0.00 DD 06/30/04 7/1/2004 SEC ID: 99422D533 7/1/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO s CREDIT SUISSE FB REPO 01.250% 07 /02/2004 7 /2/2004 100.0000 -17,700,000.000 -17,700,000.00 17,700,000.00 0.00 DD 07 /01/04 7/2/2004 SEC ID: 99422E192 7/2/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO IS CREDIT SUISSE FB REPO 01.250% 07 /02/2004 7 /2/2004 100.0000 0.000 0.00 614.58 0.00 DD 07 /01/04 7/2/2004 SEC ID: 99422 El 92 7/2/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO s LEHMAN BROTHERS REPO 01.150% 7/7/2004 100.0000 -17, 700,000.000 -17,700,000.00 17,700,000.00 0.00 07 I 07 /2004 DD 07 /06 /04 7/7/2004 SEC ID: 99422J001 7/7/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO IS LEHMAN BROTHERS REPO 01.150% 7/7/2004 100.0000 0.000 0.00 565.42 0.00 07 /07 /2004 DD 07 /06/04 7/7/2004 SEC ID: 99422J001 7/7/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO s LEHMAN CAT 2 REPO 01.170% 07 / 08/2004 DD 7/8/2004 100.0000 -17 ,800,000.000 -17 ,800,000.00 17,800,000.00 0.00 07/07/04 7/8/2004 SEC ID: 99422K487 7/8/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO 8/6/2004 8:50:54AM PDT 13 Workbench ~ Mellon OCSD-CONSOLIDATEDOlllI2u60DOJOOOOO IS s IS s IS s IS LEHMAN CAT 2 REPO 01.170%07/08/2004 DD 7 /8/2004 ~~c0~6~~9422K487 7 18 12004 BROKER: LEHMAN GOVT SECS INC, NY 7 /8/2004 OCSF07511102: LIQUID OPER-PIMCO CREDIT SUISSE FB REPO 01.210%07 /09/2004 7 /9/2004 DD 07 /08/04 7 /9 /2004 SEC ID: 99422L220 BROKER: CREDIT SUISSE FIRST BOSTON 7 /9 /2004 CORP, NY OCSF07522202: LONG TERM OPER-PIMCO CREDIT SUISSE FB REPO 01.210% 07 /09/2004 7 /9/2004 DD 07 /08/04 7 /9 /2004 SEC ID: 99422L220 BROKER: CREDIT SUISSE FIRST BOSTON 7 /9/2004 CORP, NY OCSF07522202: LONG TERM OPER-PIMCO CS FOB CAT 2 REPO 01.230% 07 /09/2004 DD 7/9/2004 07/08/04 7/9/2004 SEC ID: 99422L923 7/9/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO CS FOB CAT2 REPO 01.230%07/09/2004 DD 7/9/2004 07/08/04 7/9/2004 SEC ID: 99422L923 BROKER: CREDIT SUISSE FIRST BOSTON 7/9/2004 CORP, NY OCSF07511102: LIQUID OPER-PIMCO CREDIT SUISSE FB REPO 01.190% 07/12/2004 7/12/2004 DD 07 /09/04 7/12/2004 SEC ID: 99422N135 7/12/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF0751l102: LIQUID OPER-PIMCO CREDIT SUISSE FB REPO 01.190%07 /12/2004 7 /12/2004 DD 07 /09/04 7/12/2004 SEC ID: 99422N135 7/12/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07511102: LIQUID OPER-PIMCO 8/6/2004 8:50:54AM PDT Transaction Detail Reported by Transaction Category 7/1/2004 -7/30/2004 100.0000 0.000 100.0000 -4,400,000.000 100.0000 0.000 _Cost:· ::,~:·:'Bas~· 0.00 -4,400,000.00 0.00 100.0000 -17 ,800,000.000 -17,800,000.00 100.0000 0.000 0.00 100.0000 -17 ,800,000.000 -17 ,800,000.00 100.0000 0.000 0.00 14 Report ID: EWB009 Base Currency: USD Status: FINAL ·Amount , · Net Gain/Lo~s · · ·sase · 578.50 0.00 4,400,000.00 0.00 147.89 0.00 17 ,800,000.00 0.00 608.17 0.00 17 ,800,000.00 0.00 1,765.17 0.00 Workbench 8 Mellon OCSD-CONSOLIDATE DJll!I2 LJ 60 OOJOOOOO Transaction Detail Reported by Transaction Category 7/1/2004 -7/30/2004 Trade Date, Tran·. . .: ::. Se·.ttl .. ·e··:·n· ate " 'Price>> · . .,-~~' ~ -_:. . ;· :fy~trt t>e~crlpttc;n, .. , .,.s3:·,,R~p~it~d.Date ':'.f.·< · ·:ease'::.:.(,.·; · ShB:res/Pat: : . s IS s IS s IS s LEHMAN CAT 2 REPO 01.220%07/ 13/2004 DD 7/13/2004 07/12/04 7/13/2004 SEC ID: 99422P866 BROKER: LEHMAN GOVT SECS INC, NY 7 / l 3 /2 004 OCSF07511102: LIQUID OPER-PIMCO LEHMAN CAT 2 REPO 01.220%07/ 13/2004 DD 7 /13/2004 07/12/04 7/13/2004 SEC ID: 99422P866 BROKER: LEHMAN GOVT SECS INC, NY 7 /13/2004 OCSF0751l102: LIQUID OPER-PIMCO CREDIT SUISSE FB REPO 01.230% 07/14/2004 7/14/2004 DD07/13/04 7/14/2004 SEC ID: 99422Q534 BROKER: CREDIT SUISSE FIRST BOSTON 7/14 / 2004 CORP, NY OCSF0751 l 102: LIQUID OPER-PIMCO CREDIT SUISSE FB REPO 01.230% 07 /14/2004 7/14/2004 DD 07I13/04 7/14/2004 SEC ID: 99422Q534 BROKER: CREDIT SUISSE FIRST BOSTON 7 / l 4 /2 004 CORP, NY OCSF07511102: LIQUID OPER-PIMCO LEHMAN BROTHERS REPO 01.200% 07/ 15/2004 DD 07/14/04 SEC ID: 994228753 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO LEHMAN BROTHERS REPO 01.200% 07 / 15/2004 DD 07/14 /04 SEC ID: 99422S753 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO 7/15/2004 7/15/2004 7/15/2004 7/15/2004 7/15/2004 7/15/2004 CREDIT SUISSE FB REPO 01.270% 07/16/2004 7/16/2004 DD 07/15/04 7/16/2004 SEC ID: 99422U204 BROKER: CREDIT SUISSE FIRST BOSTON 7 /16/2004 CORP, NY OCSF07511102: LIQUID OPER-PIMCO 8/6/2004 8:50:54AM PDT 100.0000 -17,800,000.000 100.0000 0.000 100.0000 -17,900,000.000 100.0000 0.000 100.0000 -17,900,000.000 100.0000 0.000 100.0000 -18,700,000.000 15 Cost. Balie:· -17,800,000.00 0.00 -17 ,900,000.00 0.00 -17,900,000.00 0.00 -18,700,000.00 -Report ID: EWB009 Base Currency: USD Status: FINAL Amount,,,.. Net. (lain/LOss ·.:.Base·< Base: 17 ,800,000.00 0.00 603.22 0.00 17 ,900,000.00 0.00 611.58 0.00 17,900,000.00 0.00 596.67 0.00 18,700,000.00 0.00 Workbench fb Mellon OCSD~ONSOLIDATEDE2:J6DODCJDD:JOD Transaction Detail Reported by Transaction Category 7/1/2004 -7/30/2004 Trade Date Tran'..... . , . · 8ettle:D~te .. ~~'.<nescrlptt~ri·::{; ,:Report~~j)&t:~· · IS s IS s IS s IS CREDIT SUISSE FB REPO 01.270%07 /16/2004 7/16/2004 DD 07I15/04 7I16/2004 SEC ID: 99422U204 BROKER: CREDIT SUISSE FIRST BOSTON 7 I l6/2004 CORP, NY OCSF0751l102: LIQUID OPER-PIMCO LEHMAN CAT 2REPO01.230% 07/19/2004 DD 7/19/2004 ~~C1 ~6~:9422V905 7 /l9 /2 oo 4 BROKER: LEHMAN GOVT SECS INC, NY 7I19 /2004 OCSF07511102: LIQUID OPER-PIMCO LEHMAN CAT 2 REPO 01.230%07/ 19/2004 DD 7 /19/2004 ~~Cl~6~:9422V905 7 /l 9 /2 oo 4 BROKER: LEHMAN GOVT SECS INC, NY 7/19 /2004 OCSF07511102: LIQUID OPER-PIMCO CREDIT SUISSE FB REPO 01.240% 07 /20/2004 7 /20/2004 DD 07I19/04 7 /20/2004 SEC ID: 99422W440 BROKER: CREDIT SUISSE FIRST BOSTON 7 /2 0/2004 CORP, NY OCSF0751l102: LIQUID OPER-PIMCO CREDIT SUISSE FB REPO 0 l.2400A> 07 /20/2004 7 /20/2004 DD 07 /19/04 7 /20/2004 SEC ID: 99422W440 BROKER: CREDIT SUISSE FIRST BOSTON 7 /20/2004 CORP, NY OCSF07511102: LIQUID OPER-PIMCO LEHMAN CAT2 REPO 01.210%07/21/2004 DD 7 /21/2004 ~~c2~~;9422Y792 112112004 BROKER: LEHMAN GOVT SECS INC, NY 7 /21/2004 OCSF07511102: LIQUID OPER-PIMCO LEHMAN CAT 2 REPO 01.210% 07 /21/2004 DD 7 /21/2004 ~~c2~~;9422Y792 712112004 BROKER: LEHMAN GOVT SECS INC, NY 7 /2 1 /2004 OCSF07511102: LIQUID OPER-PIMCO 8/6/2004 8:50:54AM PDT .·cost· · ·Base. 100.0000 0.000 0.00 100.0000 -20,000,000.000 -20,000,000.00 100.0000 0. 000 0.00 100.0000 -18,000,000.000 -18,000,000.00 100.0000 0.000 0.00 100.0000 -17,800,000.000 -17 ,800,000.00 100.0000 0.000 0.00 16 Report ID: EWB009 Base Currency: USD Status: FINAL 659.69 0.00 20,000,000.00 0.00 2,050.00 0.00 18,000,000.00 0.00 620.00 0.00 17 ,800,000.00 0.00 598.28 0.00 Workbench . Transaction Detail @ Report m: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATED:rnr2 J 60 OOC!DOJQO 7/1/2004 -7/30/2004 Status: FINAL -;_} Trade Date Tran Settle Date Price '· " Cost Amount Net Gain/Loas 'l)~~h D~scrlptlon ' ; ;Rep~rted Da..te ; ~ na.&e~ · . shareEl/Par .. .. ,, Base·.·· Base ·.· Base s LEHMAN CAT 2REPO01.180% 07 / 22/2004 DD 7/22/2004 100.0000 -13,600,000.000 -13,600,000.00 13,600,000.00 0.00 07/21/04 7/22/2004 SEC ID: 99423Al 81 7/22/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO IS LEHMAN CAT 2 REPO 01.180%07/22/2004 DD 7/22/2004 100.0000 0.000 0.00 445.78 0.00 07/21/04 7/22/2004 SEC ID: 99423Al 81 7/22/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO s LEHMAN CAT 2REPO01.220% 07 / 23/2004 DD 7/23/2004 100.0000 -15,800,000.000 -15,800,000.00 15,800,000.00 0.00 07/22/04 7/23/2004 SEC ID: 994238577 7/23/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO IS LEHMAN CAT 2REPO01.220% 07 / 23/2004 DD 7/23/2004 100.0000 0.000 0.00 535.44 0.00 07/22/04 7/23/2004 SEC ID: 994238577 7/23/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO s LEHMAN CAT 2REPO01.230% 07 / 26/2004 DD 7/26/2004 100.0000 -15,800,000.000 -15,800,000.00 15,800,000.00 0.00 07/23/04 7/26/2004 SEC ID: 99423D045 7/26/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO IS LEHMAN CAT2 REPO 01.230%07/26/2004 DD 7/26/2004 100.0000 0.000 0.00 1,619.50 0.00 07/23/04 7/26/2004 SEC ID: 994230045 7/26/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO s CREDIT SUISSE FB REPO 01.2300/o 07 /27 /2004 7 /27 /2004 100.0000 -2,000,000.000 -2,000,000.00 2,000,000.00 0.00 DD 07 /26/04 7/27/2004 SEC ID: 99423E597 7/27/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 17 Workbench @ Mellon OCSD-CONSOLIDATEDJDI!2 0 60 OO~DDJOD Transaction Detail Reported by Transaction Category 7/1/2004 -7/30/2004 IS s IS s IS s IS Trade Date. Settle· Date :, ., ;:~p~rted.Date> ~.· CREDIT SUISSE FB REPO 01.230% 07 /27 /2004 7 /27 /2004 DD 07 /26/04 7 /27 /2004 SEC ID: 99423E597 BROKER: CREDIT SUISSE FIRST BOSTON 7 /27 /2004 CORP, NY OCSF07522202: LONG TERM OPER-PIMCO LEHMAN CAT2 REPO 01.220%07/27/2004 DD 7 /27 /2004 07/26/04 7/27/2004 SEC ID: 99423E787 BROKER: LEHMAN oovr SECS INC, NY 7 /27 /2004 OCSF07511102: LIQUID OPER-PIMCO LEHMAN CAT 2REPO01.220% 07 / 27 /2004 DD 7 /27 /2004 07/26/04 7/27/2004 SEC ID: 99423E787 BROKER: LEHMAN oovr SECS INC, NY 7 /27 /2004 OCSF07511102: LIQUID OPER-PIMCO LEHMAN BROTHERS REPO 01.240% 07 I 28/2004 DD 07 /27 /04 SEC ID: 99423F958 BROKER: LEHMAN oovr SECS INC, NY OCSF0751 ll02: LIQUID OPER-PIMCO LEHMAN BROTHERS REPO 01.240% 07 / 28/2004 DD 07 /27 /04 SEC ID: 99423F958 BROKER: LEHMAN oovr SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO 7/28/2004 7/28/2004 7/28/2004 7/28/2004 7/28/2004 7/28/2004 CREDIT SUISSE FB REPO 01.260% 07 /29/2004 7 /29/2004 DD 07 /28/04 7 /29/2004 SEC ID: 994230741 BROKER: CREDIT SUISSE FIRST BOSTON 7 /29/2004 CORP, NY OCSF0751 l 102: LIQUID OPER-PIMCO CREDIT SUISSE FB REPO 01.260% 07 /29/2004 7 /29/2004 DD 07 /28/04 7 /29/2004 SEC ID: 994230741 BROKER: CREDIT SUISSE FIRST BOSTON 7 /2 9/2004 CORP, NY OCSF07511102: LIQUID OPER-PIMCO 8/6/2004 8:50:54AM PDT : ·.Prlc~. -... Cost· Bas~>· Share#/Par .. . Base··· 100.0000 0.000 0.00 100.0000 -15,800,000.000 -15,800,000.00 100.0000 0.000 0.00 100.0000 -15,800,000.000 -15,800,000.00 100.0000 0.000 0.00 100.0000 -10,200,000.000 -10,200,000.00 100.0000 0.000 0.00 18 Report m: EWB009 Base Currency: USD Status: FINAL Amount .Base . · Net Gaiii/LC)ss · ··aa~e· 68.33 0.00 15,800,000.00 0.00 535.44 0.00 15,800,000.00 0.00 544.22 0.00 10,200,000.00 0.00 357.00 0.00 Workbench 8 Transaction Detail ReportID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE Drnrn Q 60 oo:ioo:mo 7/1/2004 -7 /30/2004 Status: FINAL : , ·:Trad~(Date ', ·, ,',_, AmoU:nt , Net· Gain/Loss Tran· ·· ::·settJ.~·:nate Pri~"· Cost· Ty~: i>e'scrlptto~~,~· ... , ,'' ),i;,• ·:eas~: Shares/Par, Base Base Base ,.· Reported Date s LEHMAN BROTHERS REPO 01.280% 7/30/2004 100.0000 -10,200,000.000 -10,200,000.00 10,200,000.00 0.00 07 / 30/2004 DD 07 /29 /04 7/30/2004 SEC ID: 99423Kl48 7/30/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO IS LEHMAN BROTHERS REPO 01.280% 7/30/2004 100.0000 0.000 0.00 362.67 0.00 07 / 30/2004 DD 07 /29 /04 7/30/2004 SEC ID: 99423Kl48 7/30/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07511102: LIQUID OPER-PIMCO s DREYFUS TREASURY CASH MGMT 7/1/2004 1.0000 -9,243,700.370 -9,243,700.37 9,243,700.37 0.00 SEC ID: 996085247 7/112004 OCSF07522202: LONG TERM OPER-PlMCO 7/1/2004 s DREYFUS TREASURY CASH MGMT 7/6/2004 1.0000 -17,699,782.860 -17,699,782.86 17,699,782.86 0.00 SEC ID: 996085247 7/6/2004 OCSF07511102: LIQUID OPER-PIMCO 7/6/2004 s DREYFUS TREASURY CASH MGMT 7/9/2004 1.0000 -1,980,016.050 -1,980,016.05 1,980,016.05 0.00 SEC ID: 996085247 7/9/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/9/2004 s DREYFUS TREASURY CASH MGMT 7/15/2004 1.0000 -24,060.820 -24,060.82 24,060.82 0.00 SEC ID: 996085247 7/15/2004 OCSF07511102: LIQUID OPER-PIMCO 7/15/2004 s DREYFUS TREASURY CASH MGMT 7/16/2004 1.0000 -973,375.320 -973,375.32 973,375.32 0.00 SEC ID: 996085247 7/16/2004 OCSF07522202: LONGTERM OPER-PIMCO 7/16/2004 s DREYFUS TREASURY CASH MGMT 7/20/2004 1.0000 -86,363.000 -86,363.00 86,363.00 0.00 SEC ID: 996085247 7/20/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/20/2004 s DREYFUS TREASURY CASH MGMT 7/22/2004 1.0000 -4,199,554.220 -4,199,554.22 4,199,554.22 0.00 SEC ID: 996085247 7/22/2004 OCSF07511102: LIQUID OPER-PIMCO 7/22/2004 s DREYFUS TREASURY CASH MGMT 7/23/2004 1.0000 -18,453.890 -18,453.89 18,453.89 0.00 SEC ID: 996085247 7/23/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/23/2004 8/6/2004 8:50:54AM PDT 19 Workbench @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE DDl1I112 :J 60 oo::moooo 7/1/2004 -7 /30/2004 Status: FINAL , Trade Date ,' Net Gain/Loss Tran ,, Settle Date , Price Cost Amount' .TJ~. ~~sCrlptlon Reported D~te -.,,.Base .:·.>_.-; Base ~ S:tJ.m,-es /Par . Base , _:;,>Base s DREYFUS TREASURY CASH MGMT 7/29/2004 1.0000 -5,593 ,871.890 -5,593,871.89 5,593,871.89 0.00 SEC ID: 996085247 7/29/2004 OCSF07511102: LIQUID OPER-PIMCO 7/29/2004 s DREYFUS TREASURY CASH MGMT 7/30/2004 1.0000 -27,015,544.990 -27,015,544.99 27,015,544.99 0.00 SEC ID: 996085247 7/30/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/30/2004 TOTAL CASH & CASH EQUIVALENTS U.S. DOLLAR: -434,034, 723.410 -433,883,555.24 433,913,821.95 3,910.00 TOTAL CASH & CASH EQUIVALENTS BASE: -434,034,723.410 -433,883,555.24 433,913,821.95 3,910.00 FIXED INCOME SECURITIES U.S. DOLLAR s COMMIT TO PUR FNMA SF MTG 5.000% 7/15/2004 100.7305 -22,000,000.000 -21,953,593.75 22, 160, 703.13 207,109.38 07/01/2019 DD 07/01 /04 7/20/2004 SEC ID: 01F050478 7/15/2004 BROKER: UBS SECURITIES LLC, NEW YORK OCSF07522202: LONG TERM OPER-PIMCO s COMMIT TO PUR FNMA SF MTG 5 .500% 7/13/2004 100.1914 -3,000,000.000 -2,944,687.50 3,005,742.18 61,054.68 07/01/2034 DD 07/01 /04 7/15/2004 SEC ID: 01F052672 7/13/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO s GNMA POOL #0080932 VAR RT 06/20/2034 7/19/2004 98.7500 -1,089,968.580 -1,060,505.36 1,076,343.96 15,838.60 DD 06/01/04 7/26/2004 SEC ID: 36225DBA1 7/19/2004 BROKER: BEAR STEARNS & CO INC, NY OCSF07522202: LONG TERM OPER-PIMCO IS GNMA POOL #0080932 VAR RT 06/20/2034 7/19/2004 98.7500 0.000 0.00 2,270.77 0.00 DD 06/01/04 7/26/2004 SEC ID: 36225DBA1 BROKER: BEAR STEARNS & co INC I NY 7/19/2004 OCSF07522202: LONG TERM OPER-PIMCO s US TREASURY NOTES 05.750% 11/15/2005 7/30/2004 104.3828 -3,200,000.000 -3,518,481.34 3,340,250.00 -178,231.34 DD 11/15/00 8/2/2004 SEC ID: 9128276N7 7/30/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 20 Workbenc~ fb Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDJ!l!I2 :J 60 00000000 7/1/2004 -7/30/2004 Status: FINAL Trade Date .. Tran ··-· · Settie Date· Price Cost Amount Net·Gafn/Loss Type,: .. · Rep.orted Date· .. Shares/~ar ··Base Description Base Base Base '·· IS US TREASURY NOTES 05.750% 11/15/2005 7/30/2004 104.3828 0.000 0.00 39,500.00 0.00 DD 11/15/00 8/2/2004 SEC ID: 9128276N7 7/30/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07522202: LONG TERM OPER-PIMCO s US TREASURY NOTES 05.750% 11/15/2005 7/30/2004 104.3828 -50,000,000.000 -54,976,270.99 52, 191,406.25 -2,784,864.74 DD 11/15/00 8/2/2004 SEC ID: 9128276N7 7/30/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07522202: LONG TERM OPER-PIMCO IS US TREASURY NOTES 05.750% 11/15/2005 7/30/2004 104.3828 0.000 0.00 617,187.50 0.00 DD 11/15/00 8/2/2004 SEC ID: 9128276N7 7/30/2004 BROKER: CREDIT SUISSE FIRST BOSTON CORP, NY OCSF07522202: LONG TERM OPER-PIMCO s US TREASURY NOTES 1.875%01/31/2006 DD 7 /7 /2004 99.3086 -20,000,000.000 -20,070,312.50 19,861,718.75 -208,593.75 01/ 31/03 7/8/2004 SECID:912828BX7 7/7/2004 BROKER: MERRILL LYNCH PIERCE FENNER SMITH INC NY OCSF07522202: LONG TERM OPER-PIMCO IS U $TREASURY NOTES 1.875%01/31/2006 DD 7/7/2004 99.3086 0.000 0.00 163,804.95 0.00 01/ 31/03 7/8/2004 SEC ID: 912828BX7 7/7/2004 BROKER: MERRILL LYNCH PIERCE FENNER SMITH INC NY OCSF07522202: LONG TERM OPER-PIMCO s US TREASURY NOTES 1.875%01/31/2006 DD 7 /28/2004 99.0625 -27 ,000,000.000 -26,985,712.66 26,746,875.00 -238,837.66 01/ 31/04 7/29/2004 SEC ID: 912828BX7 7/28/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07522202: LONG TERM OPER-PIMCO IS US TREASURY NOTES 1.875%01/31/2006 DD 7 /28/2004 99.0625 0.000 0.00 250,343.41 0.00 01/31/04 7/29/2004 SEC ID: 912828BX7 7/28/2004 BROKER: LEHMAN GOVT SECS INC, NY OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 21 Workbench @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCS D.CO NS OLI DATE D:JE1!2 :J 60 00 JOO CJOO 7/1/2004-7/30/2004 Status: FINAL : Trade Date , .. Tran ' :. .~ , ' settle> Date ' :·} Price·· Cost Amount Net Gain/Loss -·i·," .. Ty~ . ,.1.· Reported Date Shares/Par. Base Base . -Base Description , .. .Base s US TREASURY NOTES 2.750%06/30/2006 DD 7/13/2004 100.3750 -7,000,000.000 -6,982, 187.24 7 ,026,250.00 44,062.76 06/30/04 7/14/2004 SEC ID: 912828CMO 7/13/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO IS U S TREASURY NOTES 2. 7 50% 06 / 30 / 2006 DD 7/13 / 2004 100.3750 0.000 0.00 7,323.37 0.00 06/30/04 7/14/2004 SEC ID: 912828CMO 7/13/2004 BROKER: GOLDMAN SACHS & CO, NY OCSF07522202: LONG TERM OPER-PIMCO TOTAL FIXED INCOME SECURITIES U.S. DOLLAR: -133,289,968.580 -138,491, 751.34 136,489, 719.27 -3,082,462.07 TOTAL FIXED INCOME SECURITIES BASE: -133,289,968.580 -138,491,751.34 136,489,719.27 -3,082,462.07 TOTAL SALES BASE: -567,324,691.990 -572,375,306.58 570,403,541.22 -3,078,552.07 PRINCIPAL PAYMENTS FIXED INCOME SECURITIES U.S. DOLLAR PDC FHLMC MULTICLASS MTG SER E3 A VAR RT 6/1/2004 100.0000 28,056.150 28,086.04 -28,056.15 29.89 08/ 15/2032 DD 12/01 /97 6/1/2004 SEC ID: 3133TCE95 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FHLMC MULTICLASS MTG SER E3 A VAR RT 6/1/2004 100.0000 -28,065.250 -28,095.15 28,065.25 -29.90 08/ 15/2032 DD 12/01 /97 6/1/2004 SEC ID: 3133TCE95 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FHLMC MULTICLASS MTG SER E3 A VAR RT 7/1/2004 100.0000 -29,141.500 -29,172.55 29,141.50 -31.05 08/ 15/2032 DD 12/01 /97 7/1/2004 SEC ID: 3133TCE95 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FHLMC GROUP#78-6064 6.384% 01/01 /2028 7/1/2004 100.0000 -3,370.640 -3,288.48 3,370.64 82.16 DD 12/01/97 7/1/2004 SEC ID: 31348SWZ3 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 22 Workben~ @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATED:m2'.J6DDDOOO::JOO 7/1/2004 -7/30/2004 Status: FINAL Trade :Date Price Net Gahl/LOss Settle Date Cost Amount Description··· · Reported I>ate · · :Base Shares/Par ·-Base Base Base'· PD FNMA POOL#0254510 5.000% 11/01/2017 7/1/2004 100.0000 -12,883.380 -13,269.88 12,883.38 -386.50 DD 10/01/02 7/1/2004 SEC ID: 31371 KVB4 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0254631 5.000%02/01/2018 7/1/2004 100.0000 -2,486.680 -2,561.28 2,486.68 -74.60 DD 01/01/03 7/1/2004 SEC ID: 31371 KY47 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0254760 5.000%06/01/2018 7/1/2004 100.0000 -2,450.840 -2,524.37 2,450.84 -73.53 DD 05/01/03 7/1/2004 SEC ID: 31371 K5V9 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0254866 5.000%09/01/2018 7/1/2004 100.0000 -877.300 -903.62 877.30 -26.32 DD 08/01/03 7/1/2004 SEC ID: 31371 LCB3 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0254953 5.000% 11 /01/2018 7/1/2004 100.0000 -4,025.130 -4,076.70 4,025.13 -51.57 DD 10/01/03 7/1/2004 SEC ID: 31371LE21 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0254987 5.000% 12/01/2018 7/1/2004 100.0000 -9,968.470 -10,096.19 9,968.47 -127.72 DD 11/01/03 7/1/2004 SEC ID: 31371 LF46 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0323980 6.000%04/01/2014 7/1/2004 100.0000 -6,022.910 -6,288.29 6,022.91 -265.38 DD 09/01/99 7/1/2004 SEC ID: 31374T2MO 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0357328 5.000%01/01/2018 7/1/2004 100.0000 -491.890 -506.65 491.89 -14.76 DD 01/01/03 7/1/2004 SEC ID: 31376J4M8 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0357430 5.000% 09/01/2018 7/1/2004 100.0000 -25,492.060 -25,778.85 25,492.06 -286.79 DD 09/01/03 7/1/2004 SEC ID: 31376KA71 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 8/6/2004 8:50:54AM PDT 23 Workbench @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCS D-CONS 0 LI DATE DOIJll!:2 :160 OOCJOO ODD 7/1/2004 -7/30/2004 Status: FINAL . TradeDate Tran ' Settle Date Price ·. .· . Cost Amount· . Net Gain/Loss Ty!M'~:·Descdptfon ... . ,,.' ,-... Report~di>ate · •<·Base . · ·Sb.ares/Par· Base:·· Base ·Base . . ···.;' PD FNMA POOL#0456482 6.000%02/01/2014 7/1/2004 100.0000 -1,046.830 -1,092.96 1,046.83 -46.13 DD 02/01/99 7/1/2004 SEC ID: 31381CCT2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0509649 6.000%09/01/2014 7/1/2004 100.0000 -937.430 -978.74 937.43 -41.31 DD 09/01/99 7/1/2004 SEC ID: 31383QEWO 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0535451 6.000%06/01/2015 7/1/2004 100.0000 -4,689.880 -4,896.53 4,689.88 -206.65 DD 07 /01/00 7/1/2004 SEC ID: 31384 VZQ8 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #05356 72 6.000% 01 /01/2016 7/1/2004 100.0000 -107,598.070 -112,339.11 107,598.07 -4,741.04 DD 12/01/00 7/1/2004 SEC ID: 31384WCH1 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0545296 6.000% 1l/01/2016 7/1/2004 100.0000 -33,943.830 -35,439.48 33,943.83 -1,495.65 DD 10/01/01 7/1/2004 SEC ID: 31385HXZO 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0545580 6.000% 03/01/2017 7/1/2004 100.0000 -2,588.060 -2,702.10 2,588.06 -114.04 DD 03/01/02 7/1/2004 SEC ID: 31385JCR7 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0555101 6.000% 10/01/2017 7/1/2004 100.0000 -5,629.820 -5,877.88 5,629.82 -248.06 DD 11/01/02 7/1/2004 SEC ID: 31385WU23 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL #0555363 5.000% 04/01/2018 7/1/2004 100.0000 -7,106.840 -7,320.05 7,106.84 -213.21 DD 03/01/03 7/1/2004 SEC ID: 31385W5Yl OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL #0555453 5.000% 05/01/2018 7/1/2004 100.0000 -622.640 -630.62 622.64 -7.98 DD 04/01/03 7/1/2004 SEC ID: 31385XBW6 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 24 Workbench . . 8 Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE DIIJI2 J 60 OO:JOOCJOO 7/1/2004 -7/30/2004 Status: FINAL • Trade Date Tran Setae Date. Price . ·· .Cost . Amount· Net Gahl/Loss .. • Type ·D~scrlptlon. : .. f Report:~·4 Date,: , .~, Base•··: .,,Shares/Par .Base ·Base .. , .. ,,:.> :Base PD FNMA POOL#0555545 5.000%06/01/2018 7/1/2004 100.0000 -5,109.490 -5,262.77 5,109.49 -153.28 DD 05/01/03 7/1/2004 SEC ID: 31385XES2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0555621 5.000%07 /01/2018 7/1/2004 100.0000 -14,785.220 -14,951.55 14,785.22 -166.33 DD 06/01/03 7/1/2004 SEC ID: 31385XG68 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL ##0576386 6.000% 05 /01/2016 7/1/2004 100.0000 -436.290 -455.51 436.29 -19.22 DD 05/01/01 7/1/2004 SEC ID: 31386XJ72 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0576739 6.000%04/01/2016 7/1/2004 100.0000 -5,952.220 -6,214.49 5,952.22 -262.27 DD 04/01/01 7/1/2004 SEC ID: 31386XV86 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0580888 6.000%05/01/2016 7/1/2004 100.0000 -4,185.090 -4,369.50 4,185.09 -184.41 DD 05/01/01 7/1/2004 SEC ID: 31387DJ91 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0594002 6.000% 07/01/2016 7/1/2004 100.0000 -819.520 -855.63 819.52 -36.11 DD 07 /01/01 7/1/2004 SEC ID: 31387T3K8 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0597376 6.000%09/01/2016 7/1/2004 100.0000 -1,513.130 -1,579.80 1,513.13 -66.67 DD 08/01/01 7/1/2004 SEC ID: 31387XT96 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL ##0605259 6.000% 09 /01/2016 7/1/2004 100.0000 -11,069.580 -11,557.33 11,069.58 -487.75 DD 09/01/01 7/1/2004 SEC ID: 31388HMG 1 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL #0608366 6.000% 10/01/2016 7/1/2004 100.0000 -420.430 -438.96 420.43 -18.53 DD 09/01/01 7/1/2004 SEC ID: 31388LZ78 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 25 Workbench @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD 0 CS D.CO NS 0 LIDA TE Dill1I2 CJ 60 DD 0 OD 0 DO 7/1/2004 -7/30/2004 Status: FINAL Trade Date· . Tran . '. ' ' . , Settle t>ate · Price Cost Amount Net. Gain/Loss Type· Description '· .. · · Reported Date · · ·.Base Shares/Par< ~ ·Base .Base Base " PD FNMA POOL #0616734 6.000% 12/01/2016 7/1/2004 100.0000 -747.340 -780.27 747.34 -32.93 DD 12/01/01 7/1/2004 SEC ID: 31388WEF9 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0630812 6.000% 02/01/2017 7/1/2004 100.0000 -2,787.900 -2,910.74 2,787.90 -122.84 DD 02/01/02 7/1/2004 SEC ID: 31389NYH2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0632376 6.000%07 /01/2017 7/1/2004 100.0000 -18,587.790 -19,406.81 18,587.79 -819.02 DD 07 /01/02 7/1/2004 SEC ID: 31389QQ50 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0653116 6.000% 07/01/2017 7/1/2004 100.0000 -24,083.420 -25,144.60 24,083.42 -1,061.18 DD 07 /01/02 7/1/2004 SEC ID: 31390QSD8 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #06732 80 6.000% 08/01/2017 7/1/2004 100.0000 -866.230 -904.40 866.23 -38.17 DD 11/01/02 7/1/2004 SEC ID: 31391P6R2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0681309 5.000% 02/01/2018 7/1/2004 100.0000 -6,692.900 -6,893.69 6,692.90 -200.79 DD 02/01/03 7/1/2004 SEC ID: 31391 Y3S4 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0681334 5.000%02/01/2018 7/1/2004 100.0000 -1,350.210 -1,390.72 1,350.21 -40.51 DD 01/01/03 7/1/2004 SEC ID: 31391 Y4Tl 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0684908 5.000% 06/01/2018 7/1/2004 100.0000 -6,188.630 -6,267.92 6,188.63 -79.29 DD 05/01/03 7/1/2004 SEC ID: 31400D3Rl 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0685200 5.000%03/01/2018 7/1/2004 100.0000 -2,555.920 -2,588.67 2,555.92 -32.75 DD 03/01/03 7/1/2004 SEC ID: 31400EGH7 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 26 Workbenc1! . ~ fb Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATED:m2 J 60 00000'.JOO 7/1/2004 -7/30/2004 Status: FINAL Trade Date Tran: ;_:.Settte~ate:' Price .. .. Cost Amount . Net Gain/Loss '.,' '" Ty~ . riescriptton_·.::o: .. '· :.RC!portecl Date . :Base.· .. ·Shares/Par Base Base Base PD FNMA POOL#0685665 5.000%02/01/2018 7/1/2004 100.0000 -715.460 -736.92 715.46 -21.46 DD 02/01/03 7/1/2004 SEC ID: 31400EW22 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0686318 5.000%03/01/2018 7/1/2004 100.0000 -7,472.410 -7,696.58 7,472.41 -224.17 DD 03/01/03 7/1/2004 SEC ID: 31400FPB7 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0688739 5.000% 06/01/2018 7/1/2004 100.0000 ·l,859.780 -1,915.57 1,859.78 -55.79 DD 06/01/03 7/1/2004 SEC ID: 31400JEL9 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0689859 5.000%05/01/2018 7/1/2004 100.0000 -367.750 -372.46 367.75 -4.71 DD 05/01/03 7/1/2004 SEC ID: 31400KMG8 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0693834 5.000% 03/01/2018 7/1/2004 100.0000 -12,764.200 -13,147.13 12,764.20 -382.93 DD 03/01/03 7/1/2004 SEC ID: 31400PY74 7/1/2004 OCSF0752 2202: LONG TERM OPER-PIMCO PD FNMA POOL #0695852 5.000% 05/01/2018 7/1/2004 100.0000 -3,348.820 -3,449.28 3,348.82 -100.46 DD 05/01/03 7/1/2004 SEC ID: 31400SBVO 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0695889 5.000% 05/01/2018 7/1/2004 100.0000 -17,197.550 -17,713.48 17,197.55 -515.93 DD 05/01/03 7/1/2004 SEC ID: 31400SC23 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL ##0697026 5.000% 05 /01/2018 7/1/2004 100.0000 -443.430 -456.73 443.43 -13.30 DD 04/01/03 7/1/2004 SEC ID: 31400TLF2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0698939 6.000% 09/01/2017 7/1/2004 100.0000 -269.350 -281.22 269.35 -11.87 DD 03/01/03 7/1/2004 SEC ID: 31400VPY2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 27 Workbench 8 Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD ocs D-CO NS 0 LIDAT E Dmrn '.J 60 00 ::mo ::mo 7/1/2004 -7/30/2004 Status: FINAL ~ . Trade. Date Price Net Gain/Loss Trail .. · : . :· . ·• • s~~e 'l:!~~e.; cost· Amount. Ty~·:?oescrfptlon ·;~·? /. ,;,:.:_ . Reported·Date · . Bilse · ~. sl1~es/Par· ·Base : •Base ·•Base PD FNMA POOL #0702210 5.000% 05/01/2018 7/1/2004 100.0000 -4,730.950 -4,872.88 4,730.95 -141.93 DD 05/01/03 7/1/2004 SEC ID: 31401ADP9 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL #0702328 5.000% 05/01/2018 7/1/2004 100.0000 -1,534.450 -1,554.11 1,534.45 -19.66 DD 04/01/03 7/1/2004 SEC ID: 31401AHD2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0703195 6.000% Ol /01/2017 7/1/2004 100.0000 -689.090 -719.45 689.09 -30.36 DD 04/01/03 7/1/2004 SEC ID: 31401BGC3 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0709148 5.000% 06/01/2018 7/1/2004 100.0000 -5,411.070 -5,573.40 5,411.07 -162.33 DD 06/01/03 7/1/2004 SEC ID: 31401HZM7 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL #0709360 5.000%07 /01/2018 7/1/2004 100.0000 -7,250.530 -7,343.43 7,250.53 -92.90 DD 06/01/03 7/1/2004 SEC ID: 31401JB56 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL#0709826 5.000%06/01/2018 7 /1/2004 100.0000 -3,551.200 -3,596.70 3,551.20 -45.50 DD 06/01/03 7/1/2004 SEC ID: 31401JSP4 OCSF07522202: LONG TERM OPER-PIMCO 7 /1/2004 PD FNMA POOL#0709917 5.000%06/01/2018 7/1/2004 100.0000 -5,426.140 -5,495.66 5,426.14 -69.52 DD 06/01/03 7/1/2004 SEC JD: 31401JVJ4 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL #0709963 5.000%06/01/2018 7/1/2004 100.0000 -85.370 -86.46 85.37 -1.09 DD 06/01/03 7/1/2004 SEC JD: 31401JWYO OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL #0710235 5.000%06/01/2018 7/1/2004 100.0000 -13,626.090 -14,034.87 13,626.09 -408.78 DD 06/01/03 7/1/2004 SEC ID: 31401KBC8 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 8/6/2004 8:50:54AM PDT 28 U(orkbenc#i @ Transaction Detail Report ID: EWBOO!i' Mellon Reported by Transaction Category Base Currency: USD OCS D..CONSOLI DATE DE2 0 60 :JOCIOOOOD 7/1/2004 -7 /30/2004 Status: FINAL Trade Date>. Price < settle D._t:e · · , ··.Cost Amount Net Gaiil/LC>ss Deserlption ·;:·._Reported ~te Base .. Shares/Par · Base Base Base PD FNMA POOL #0713344 5.000% 06/01/2018 7/1/2004 100.0000 -563.710 -580.62 563.71 -16.91 DD 06/01/03 7/1/2004 SEC ID: 31401NP52 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0713365 5.000% 07 /01/2018 7/1/2004 100.0000 -12,590.900 -12,752.22 12,590.90 -161.32 DD 07 /01/03 7/1/2004 SEC ID: 31401NQS1 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0720319 5.000% 07/01/2018 7/1/2004 100.0000 -14,807.820 -14,997.55 14,807.82 -189.73 DD 07 /01/03 7/1/2004 SEC ID: 31401 WG45 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0720369 5.000%06/01/2018 7/1/2004 100.0000 -84,058.290 -86,580.04 84,058.29 -2,521.75 DD 06/01/03 7/1/2004 SEC ID: 31401 WJNO 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0721629 5.000%07 /0l/2018 7/1/2004 100.0000 -3,548.490 -3,654.94 3,548.49 -106.45 DD 06/01/03 7/1/2004 SEC ID: 31401XVW4 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0723487 5.000% 06/01/2018 7/1/2004 100.0000 -940.200 -950.78 940.20 -10.58 DD 06/01/03 7/1/2004 SEC ID: 31402AXQ4 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0729601 5.000%07 /01/2018 7/1/2004 100.0000 -3,445.830 -3,489.98 3,445.83 -44.15 DD 07 /01/03 7/1/2004 SEC ID: 31402HRW3 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL #0732873 5.000% 11 /01/2018 7/1/2004 100.0000 -140.950 -142.76 140.95 -1.81 DD 10/01/03 7/1/2004 SEC ID: 31402MFN5 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL #0737130 5.000% 10/01/2018 7/1/2004 100.0000 -23,302.020 -23,600.58 23,302.02 -298.56 DD 10/01/03 7/1/2004 SEC ID: 31402S4P9 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 8/6/2004 8:50:54AM PDT 29 Workbench fb Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATED:::m2 :::J 60 DODOO JOO 7/1/2004 -7 /30/2004 Status: FINAL Trade Date Trail settle Date Price Cost Amount · Net Gain/Loss . Typi . l)escrlptt~n ·. Reported Date:: ,Bale·,.· '' ·'. : .. ~ ·-~·· >; . ·.Base ·Base _:s&Se , ... : , -:-.:·~, Shares/Par' PD FNMA POOL #0738211 5.000% 10 /01/2018 7/1/2004 100.0000 -23,455.530 -23,756.05 23,455.53 -300.52 DD 10/01/03 7/1/2004 SEC ID: 31402UDQ2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0738487 5.000% 10/01/2018 7/1/2004 100.0000 -2,413.080 -2,444.00 2,413.08 -30.92 DD 10/01/03 7/1/2004 SEC ID: 31402UNC2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL#0740471 5.000% 10/01/2018 7/1/2004 100.0000 -2,826.570 -2,862.79 2,826.57 -36.22 DD 10/01/03 7/1/2004 SEC ID: 31402WI'40 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0740748 5.000% 10/01/2018 7/1/2004 100.0000 -3,553.240 -3,598.77 3,553.24 -45.53 DD 11/01/03 7/1/2004 SEC ID: 31402W5H7 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0743868 5.000% ll /01/2018 7/1/2004 100.0000 -393.350 -398.39 393.35 -5.04 DD 10/01/03 7/1/2004 SEC ID: 314038MR1 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0744008 5.000% 07/01/2018 7/1/2004 100.0000 -43,378.370 -43,934.15 43,378.37 -555.78 DD 09/01/03 7/1/2004 SEC ID: 31403BR54 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0744316 5.000% 09/01/2018 7/1/2004 100.0000 -2,648.080 -2,682.01 2,648.08 -33.93 DD 09/01/03 7/1/2004 SEC ID: 314038324 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0747914 5.000% 11 /01/2018 7/1/2004 100.0000 -1,966.120 -1,991.31 1,966.12 -25.19 DD 11 /01/03 7/1/2004 SEC ID: 31403F3XO OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD FNMA POOL #0748400 5.000% 08/01/2018 7/1/2004 100.0000 -5,104.830 -5,170.24 5,104.83 -65.41 DD 09/01/03 7/1/2004 SEC ID: 31403GNR9 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 30 ij{orkbenc'!- fb Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDOIIl2 J 60 OOOOOJOO 7/1/2004 -7/30/2004 Status: FINAL Trade Date Tran:.:. , · ·settl" Date Price Cost Amount Net Gain/Loss . .. TyP.8-' DescriptioU: : . . ·· "R.eporte,d I>ate . ·. Base':".; :~hares/Par ..... ~/ Base · . . Base : · .. Base PD FNMA POOL #0748899 5.000% 12/01/2018 7/1/2004 100.0000 -34,346.010 -34,786.07 34,346.01 -440.06 DD 11/01/03 7/1/2004 SEC ID: 31403G7LO 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0750377 5.000% 11 /01/2018 7/1/2004 100.0000 -41,243.350 -41,771.78 41,243.35 -528.43 DD 11/01/03 7/1/2004 SEC ID: 3 l 403JUA2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0750380 5.000% 11 /01/2018 7/1/2004 100.0000 -8,410.510 -8,518.27 8,410.51 -107.76 DD 11 /01/03 7/1/2004 SEC ID: 31403JUD6 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0750445 5.000% 11 /0l /2018 7/1/2004 100.0000 -670.220 -678.81 670.22 -8.59 DD 11/01/03 7/1/2004 SEC ID: 3 l 403JWE2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0751960 5.000% 12/01/2018 7/1/2004 100.0000 -5,074.220 -5,139.23 5,074.22 -65.01 DD 11/01/03 7/1/2004 SEC ID: 31403LMH1 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0753425 5.000% 11 /01/2018 7/1/2004 100.0000 -20,568.390 -20,806.21 20,568.39 -237.82 DD 11/01/03 7/1/2004 SEC ID: 31403NA23 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0755165 5.000% 12/01/2018 7/1/2004 100.0000 -2,571.190 -2,604.13 2,571.19 -32.94 DD 11/01/03 7/1/2004 SEC ID: 31403Q6A3 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD FNMA POOL #0756372 5.000% ll /01/2018 7/1/2004 100.0000 -4,079.060 -4,126.22 4,079.06 -47.16 DD 11/01/03 7/1/2004 SEC ID: 31403SJR8 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL#0596612 6.500% 09/15/2032 7/1/2004 100.0000 -342.790 -359.77 342.79 -16.98 DD 09/01/02 7/1/2004 SEC ID: 36200BYH4 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO 816/2004 8:50:54AM PDT 31 Workbench ~ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDJIJ!I.2CI 60 oo:moooo 7/1/2004-7/30/2004 Status: FINAL Trade.Date , settle Date . ·Price:-: Cost Amount .~Net Gain/LOss DesCrlptlon -.. \:: .. Reported; Date Bas«:f · Shares/Par Base Base Base PD ONMA POOL #0569358 6.500% 04/ 15/2032 7/1/2004 100.0000 -50,674.870 -51,862.56 50,674.87 -1,187.69 DD 04/01/02 7/1/2004 SEC ID: 36200QQK3 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0569685 6. 500% 02/ 15 /2032 7/1/2004 100.0000 -1,973.290 -2,071.03 1,973.29 -97.74 DD 02/01/02 7/1/2004 SEC ID: 36200Q2S2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL#0570019 6.500% 07/15/2032 7/1/2004 100.0000 -3,617.480 -3,796.66 3,617.48 -179.18 DD 07 /01/02 7/1/2004 SEC ID: 36200RG48 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL#0574323 6.500% 12/15/2031 7/1/2004 100.0000 -9,792.550 -10,277.59 9,792.55 -485.04 DD 12/01/01 7/1/2004 SEC ID: 36200WAY7 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0575364 6.500% 11/ 15/2031 7/1/2004 100.0000 -3,093.390 -3,246.61 3,093.39 -153.22 DD 11/01/01 7/1/2004 SEC ID: 36200XFD6 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0587117 6.500% 06/15/2032 7 /1/2004 100.0000 -1,234.930 -1,296.10 1,234.93 -61.17 DD 06/01/02 7/1/2004 SEC ID: 36201MG22 7/1/2004 OCSF0752 2202: LONG TERM OPER-PIMCO PD GNMA POOL #0587439 6.5000/o 11/15/2032 7/1/2004 100.0000 -3,812.220 -4,001.04 3,812.22 -188.82 DD 12/01/02 7/1/2004 SEC ID: 36201MS45 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL#0421389 6.500% 04/15/2026 7/1/2004 100.0000 -493.030 -517.45 493.03 -24.42 DD 04/01/96 7/1/2004 SEC ID: 36206UC23 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL #0438057 6. 0000/o 05/ 15 /2028 7/1/2004 100.0000 -15.270 -14.49 15.27 0.78 DD 05/01/98 7/1/2004 SEC ID: 36207PTN9 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 8/6/2004 8:50:54AM PDT 32 Workbench 8 Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCS 0-CONSOLIDATE DJIBJI20 60 DOJOOOOO 7/1/2004 -7/30/2004 Status: FINAL .. Trade Date, . · Trali· settle. Date Price CO st Amount Net Gain/Loss Type : Description ., · Reported I>ate . · · Base Shares/f>ar Base ·Base Base , PD GNMA POOL #0449851 6.500% Ol/ 15/2028 7/1/2004 100.0000 -35.970 -37.75 35.97 -1.78 DD 01/01/98 7/1/2004 SEC ID: 36208FWLO 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0457814 6.000% 10/ 15/2028 7/1/2004 100.0000 -616.310 -585.01 616.31 31.30 DD 10/01/98 7/1/2004 SEC ID: 36208QSB3 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0465546 6. 0000/o 08/ 15 /2028 7/1/2004 100.0000 -15,554.590 -14,764.71 15,554.59 789.88 DD 08/01/98 7/1/2004 SEC ID: 36209AET3 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0465555 6.000% 09/ 15/2028 7/1/2004 100.0000 -34,618.340 -32,860.38 34.618.34 1,757.96 DD 09/01/98 7/1/2004 SEC ID: 36209AE48 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #046684 5 6. 5000/o 06/ 15 /2028 7/1/2004 100.0000 -10,481.340 -11,000.49 10,481.34 -519.15 DD 06/01/98 7/1/2004 SEC ID: 36209BfA6 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL#0467279 6.000% 10/15/2028 7/1/2004 100.0000 -34.860 -33.09 34.86 1.77 DD 10/01/98 7/1/2004 SEC ID: 36209CCQ7 7/1/2004 OCSF0752 2202: LONG TERM OPER-PIMCO PD GNMA POOL#0467286 6.0000/o 10/15/2028 7/1/2004 100.0000 -501.090 -475.64 501.09 25.45 DD 10/01/98 7/1/2004 SEC ID: 36209CCX2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL#0468052 6.500% 07/15/2028 7/1/2004 100.0000 -171.320 -179.81 171.32 -8.49 DD 07 /01/98 7/1/2004 SEC ID: 36209CSM4 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL#0468330 6.000% 05/15/2028 7/1/2004 100.0000 -2,004.200 -1,902.42 2,004.20 101.78 DD 05/01/98 7/1/2004 SEC ID: 36209DHF4 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 8/6/2004 8:50:54AM PDT 33 Workbench 8 Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE Dcn:JIE2 J 60 OOJODJDD 7/1/2004 -7/30/2004 Status: FINAL Trade Date Tran Settle Date Price Cost Amo wit Net Gain/Loss Type. Description Reported0 Date .Base. Shares/Par. · · ·Base Base .·Base PD GNMA POOL #0468339 6.000% 08/ 15/2028 7/1/2004 100.0000 -29,984.120 -28,461.49 29,984.12 1,522.63 DD 08/01/98 7/1/2004 SEC ID: 36209DHQO 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL#0469688 6.000% 11/15/2028 7/1/2004 100.0000 -387.840 -368.14 387.84 19.70 DD 11 /01/98 7/1/2004 SEC ID: 36209EXR8 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0476041 6.500% 06/ 15/2028 7/1/2004 100.0000 -10,836.930 -11,356.76 10,836.93 -519.83 DD 06/01/98 7/1/2004 SEC ID: 36209MZE7 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL#0478626 6.500% 01/15/2029 7/1/2004 100.0000 -165.420 -173.35 165.42 -7.93 DD 01/01/99 7/1/2004 SEC ID: 36209QVf9 7 /1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0480598 6.5000Ai 10/ 15/2028 7/1/2004 100.0000 -37.900 -39.72 37.90 -1.82 DD 10/01/98 7/1/2004 SEC ID: 36209S3F6 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0483452 6.000% 09/ 15/2028 7/1/2004 100.0000 -19.030 -18.06 19.03 0.97 DD 09/01/98 7/1/2004 SEC ID: 36209WBV3 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL #0485527 6.500% 06/ 15/2031 7/1/2004 100.0000 -14,791.580 -15,524.23 14,791.58 -732.65 DD 06/01/01 7/1/2004 SEC ID: 36209YLG 1 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL#0485610 6.500% 07/15/2031 7/1/2004 100.0000 -24,212.240 -25,411.50 24,212.24 -1,199.26 DD 07 /01/01 7/1/2004 SEC ID: 36209YN38 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL#0485682 6.500% 08/15/2031 7/1/2004 100.0000 -3,996.860 -4,194.83 3,996.86 -197.97 DD 08/01/01 7/1/2004 SEC ID: 36209YRB6 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 8/6/2004 8:50:54AM PDT 34 Workbenc"! @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD.CONSOLIDATE DilllI2 0 60 OOJOODDD 7/1/2004 -7/30/2004 Status: FINAL . · .Tra~eDate Tran· , . Settle Date · Price ~st Amount Net Gafn/Loss . Type Description : · · Reported Date Base Shares/Par Base Base Base PD GNMA POOL#0485703 6.500% 08/15/2031 7/1/2004 100.0000 -76.180 -79.95 76.18 -3.77 DD 08/01/01 7/1/2004 SEC ID: 36209YRY6 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL#0486720 6.000% 12/15/2028 7/1/2004 100.0000 -582.480 -552.90 582.48 29.58 DD 12/01/98 7/1/2004 SEC ID: 36210AVM6 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0491103 6.000% Ol/ 15/2029 7/1/2004 100.0000 -2,449.950 -2,325.54 2,449.95 124.41 DD 01/01/99 7/1/2004 SEC ID: 36210FRY4 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL#0496461 6.000% 01/15/2029 7/1/2004 100.0000 -7,311.030 -6,939.77 7,311.03 371.26 DD 01/01/99 7/1/2004 SEC ID: 36210MQN4 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0497343 6.000% 12/ 15/2028 7/1/2004 100.0000 -30.070 -28.54 30.07 1.53 DD 12/01/98 7/1/2004 SEC ID: 36210NP45 7/1/2004 OCSF0752 2202: LONG TERM OPER-PIMCO PD GNMA POOL #0499153 6. 000% 02/ 15 / 2029 7/1/2004 100.0000 -23.320 -22.14 23.32 1.18 DD 02/01/99 7/1/2004 SEC ID: 36210QQES 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0500917 6.000% 04/ 15/2029 7/1/2004 100.0000 -8.680 -8.24 8.68 0.44 DD 04/01/99 7/1/2004 SEC ID: 36210SPAO 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0503388 6.000% 03/ 15/2029 7/1/2004 100.0000 -3,971.150 -3,769.49 3,971.15 201.66 DD 03/01/99 7/1/2004 SEC ID: 36210VFSS 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL#0506636 6.000% 04/15/2029 7/1/2004 100.0000 -1,129.420 -1,072.07 1,129.42 57.35 DD 04/01/99 7/1/2004 SEC ID: 36210YY90 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 35 Workbench fb Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLI DATE D01J111:2 :J 60 DD ODO CJ DO 7/1/2004 -7/30/2004 Status: FINAL ,·,) Tri.d~2 Date. Tran Settle: Date · ,.· -.-, ' , CO st Amount Net Gahl/Loss ; 'fype Description .. :.;. ___ ,_. , Reported. Date Base'. ·shares/Par ·Base Base Base PD GNMA POOL#OS12235 6.500% 11/15/2029 7/1/2004 100.0000 -12.190 -12.79 12.19 -0.60 DD 11/01/99 7/1/2004 SEC ID: 36211GBC6 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0514326 6.500% 07/15/2029 7/1/2004 100.0000 -9,442.530 -9,895.48 9,442.53 -452.95 DD 07 /01/99 7/1/2004 SEC ID: 36211JLF2 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0530053 6.500% 04/ 15/2031 7/1/2004 100.0000 -3,268.010 -3,429.88 3,268.01 -161.87 DD 04/01/01 7/1/2004 SEC ID: 36212CZS3 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL #0537885 6.5000/o 02/ 15/2031 7/1/2004 100.0000 -102.600 -107.68 102.60 -5.08 DD 02/01/01 7/1/2004 SEC ID: 36212MRE1 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0547512 6.500% 04/ 15/2031 7/1/2004 100.0000 -2,126.260 -2,231.58 2,126.26 -105.32 DD 04/01/01 7/1/2004 SEC ID: 36212YGV9 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA POOL #0547715 6.500% 02/15/2031 7/1/2004 100.0000 -200.790 -210.42 200.79 -9.63 DD 02/01/01 7/1/2004 SEC ID: 36212YN82 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL#0552322 6.5000/o 01/15/2032 7/1/2004 100.0000 -3,804.710 -3,993.16 3,804.71 -188.45 DD 01 /01/02 7/1/2004 SEC ID: 36213ESK3 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL#0552466 6.500% 03/15/2032 7/1/2004 100.0000 -42,742.020 -44,859.09 42,742.02 -2,117.07 DD 03/01/02 7/1/2004 SEC ID: 36213EW36 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL #0552659 6. 5000/o 07/15 /2032 7/1/2004 100.0000 -10,920.220 -11,461.11 10,920.22 -540.89 DD 07 /01/02 7/1/2004 SEC ID: 36213ESU6 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 8/6/2004 8:50:54AM PDT 36 Workbenc'! . Transaction Detail 8 Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE D3.JI2 J 6DOC:JOOOCJO 7/1/2004 -7 /30/2004 Status: FINAL Trade Date Tran · .·Settle Date · Price .. ; Cost Amount :Net. Gain/Loss · Type llescnptlon · . Rep.orted Date Base Shares/Par Base Base . Base PD GNMA POOL #0561017 6.5000/c, 07/15/2031 7/1/2004 100.0000 -3,572.300 -3,749.24 3,572.30 -176.94 DD 07 /01/01 7/1/2004 SEC ID: 36213QG29 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA II POOL #0080023 VAR RT 12/20/2026 7/1/2004 100.0000 -3,446.840 -3,503.93 3,446.84 -57.09 DD 12/01/96 7/1/2004 SEC ID: 36225CAZ9 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA II POOL #080088M 7.375% 06/ 20/2027 7/1 /2004 100.0000 -7,275.400 -7,434.55 7,275.40 -159.15 DD 06/01/97 7/1/2004 SEC ID: 36225CC20 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA II POOL #0080395 VAR RT 04/20/2030 7/1/2004 100.0000 -10,462.330 -10,367.51 10,462.33 94.82 DD 04/01/00 7/1/2004 SEC ID: 36225CNM4 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA II POOL #080408X 6.500% 05/20/2030 7/1/2004 100.0000 -62,943.990 -62,304.72 62,943.99 639.27 DD 05/01/00 7/1/2004 SEC ID: 36225CN28 7/1/2004 OCSF07522202: LONGTERM OPER-PIMCO PD GNMA POOL #0080867 VAR RT 04 /20/2034 7/1/2004 100.0000 -6,320.190 -6,149.35 6,320.19 170.84 DD 04/01/04 7/1/2004 SEC ID: 36225C6D3 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO PD GNMA II POOL #0080900 VAR RT 05/20/2034 7/1/2004 100.0000 -2,236.840 -2,176.38 2,236.84 60.46 DD 05/01/04 7/1/2004 SEC ID: 36225DM2 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA POOL#0080932 VAR RT 06/20/2034 7/1/2004 100.0000 -1,825.420 -1,776.08 1,825.42 49.34 DD 06/01/04 7/1/2004 SEC ID: 36225DBA1 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 PD GNMA GTD REMIC TR 2000-9 FH VAR RT 7/16/2004 100.0000 -22,196.720 -22,196.72 22,196.72 0.00 02/16/2030 7/16/2004 SEC ID: 3837H4NX9 OCSF07522202: LONG TERM OPER-PIMCO 7/16/2004 8/6/2004 8:50:54AM PDT 37 Workbench @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDODill2 J 6DOOOOO:JOO 7/1/2004 -7/30/2004 Status: FINAL ;, . Trade Date · ·. . , .. Tran . Settle Date Price Cost Amount Net Gain/Loss Type Desm.'fption .. Reported Date ·:!Base· Shares/Par·.· ... Base Base Base PD RESIDENrIALASSET 03-RSl 1 AIIB VAR RT 7/25/2004 100.0000 -36,689.370 -36,689.37 36,689.37 0.00 12/ 25/2033 DD 12/30 /03 7/25/2004 SEC ID: 760985K83 7/25/2004 OCSF07522202: LONG TERM OPER-PIMCO TOTAL FIXED INCOME SECURITIES U.S. DOLLAR: -1,271,049.350 -1,294,969.39 1,271,049.35 -23,920.04 TOTAL FIXED INCOME SECURITIES BASE: -1,271,049.350 -1,294,969.39 1,271,049.35 -23,920.04 TOTAL PRINCIPAL PAYMENTS BASE: -1,271,049.350 -1,294,969.39 1,271,049.35 -23,920.04 MATURITIES CASH & CASH EQUIVALENTS U.S. DOLLAR MT FEDERAL HOME LN BKS CONS DISC MAT 7/16/2004 100.0000 -9,000,000.000 -8,991,845.00 8,991,845.00 0.00 07/ 16/2004 7/16/2004 SEC ID: 313384ZL6 7/16/2004 OCSF07511102: LIQUID OPER-PIMCO MT WELLS FARGO BK NA INSTL C/D 1.090% 7/7/2004 100.0000 -100,000.000 -100,000.00 100,000.00 0.00 07 / 07 /2004 DD 06/07 /04 7/7/2004 SEC ID: 9497POVF5 7/7/2004 OCSF07511102: LIQUID OPER-PIMCO MT WELLS FARGO BANK NA INSTL C/D 1.240% 7/19/2004 100.0000 -2,000,000.000 -2,000,000.00 2,000,000.00 0.00 07 / 19 /2004 DD 06/24 /04 7/19/2004 SEC ID: 9497POYF2 7/19/2004 OCSF07511102: LIQUID OPER-PIMCO TOTAL CASH & CASH EQUIVALENTS U.S. DOLLAR: -11,100,000.000 -11,091,845.00 11,091,845.00 0.00 TOTAL CASH & CASH EQUIVALENTS BASE: -11,100,000.000 -11,091,845.00 11,091,845.00 0.00 FIXED INCOME SECURITIES U.S. DOLLAR MT ASSOCIATES CORP NA MTN SR00043 7.920% 7/13/2004 100.0000 -100,000.000 -104, 199. 00 100,000.00 -4,199.00 07/ 13/2004 DD 07/13/94 7/13/2004 SEC ID: 045906BU7 7/13/2004 OCSF07511102: LIQUID OPER-PIMCO 8/6/2004 8:50:54AM PDT 38 Workbench ~ . Transaction Detail . @ ReportID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE DOIJIJI:2 CJ 60 OOJOOJDO 7/1/2004 -7/30/2004 Status: FINAL .Trade Date Tran -Settle Date . , Price Cost Amount Net Gain/Loss Type Descriptloti, : >> < •• · •••••.• Reported Date. _.Base Spares/Par Base Base Base MT FORD MTR CR CO GLOBAL LANDMARK 6.700% 7/16/2004 100.0000 -2,500,000.000 -2,495,900.00 2,500,000.00 4,100.00 07/ 16/2004 DD 07/16/99 7/16/2004 SEC ID: 345397SJ3 7/16/2004 OCSF07522202: LONG TERM OPER-PIMCO MT NATIONSBANK CORP SR NTS 6.125% 7/15/2004 100.0000 -627,000.000 -646,650.18 627,000.00 -19,650.18 07/ 15/2004 DD 07/23/98 7/15/2004 SEC ID: 6385858J7 7/15/2004 OCSF07511102: LIQUID OPER-PIMCO MT WELLS FARGO & CO NEW NT 6.625% 7/15/2004 100.0000 -125,000.000 -128,605.00 125,000.00 -3,605.00 07 / 15/2004 DD 07 /28 /99 7/15/2004 SEC ID: 949746AA9 7/15/2004 OCSF0751 l 102: LIQUID OPER-PIMCO TOTAL FIXED INCOME SECURITIES U.S. DOLLAR: -3,352,000.000 -3,375,354.18 3,352,000.00 -23,354.18 TOTAL FIXED INCOME SECURITIES BASE: -3,352,000.000 -3,375,354.18 3,352,000.00 -23,354.18 TOTAL MATURITIES BASE: -14,452,000.000 -14,467,199.18 14,443,845.00 -23,354.18 INTEREST CASH & CASH EQUIVALENTS U.S. DOLLAR IT FEDERAL HOME LN BKS CONS DISC MAT 7/16/2004 9,000,000.000 8,155.00 8,155.00 0.00 07/ 16/2004 7/16/2004 SEC ID: 313384ZL6 7/16/2004 OCSF0751 l 102: LIQUID OPER-PIMCO IT WELLS FARGO BK NA INSTL C /D 1. 090% 7/7/2004 100,000.000 90.83 90.83 0.00 07/07/2004 DD 06/07 /04 7/7/2004 SEC ID: 9497POVF5 7/7/2004 OCSF0751 l 102: LIQUID OPER-PIMCO IT WELLS FARGO BANK NA INSTL C/D 1.240% 7/19/2004 2,000,000.000 1,722.22 1,722.22 0.00 07/19/2004 DD 06/24 /04 7/19/2004 SEC ID: 9497POYF2 7/19/2004 OCSF0751 l 102: LIQUID OPER-PIMCO IT DREYFUS TREASURY CASH MGMT 7/6/2004 0.000 988.28 988.28 0.00 SEC ID: 996085247 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/6/2004 8/6/2004 8:50:54AM PDT 39 Workbench 8 Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATED:Ilili:2 CJ 60 DDODDDDD 7/1/2004 -7/30/2004 Status: FINAL Trade,. Date ·Tran " settle Date :Price ·,cost ·Amount . Net Gain/Loss " ' ~' ; . Type DesCrlptfon .. ;··::-····4:, Shares/Par .'Base Base Base Reported Date Base IT DREYFUS TRE~URY CASH MGMT 7/6/2004 0.000 217.14 217.14 0.00 SEC ID: 996085247 7/1/2004 OCSF07511102: LIQUID OPER-PIMCO 7/6/2004 IT BSDT-LATE MONEY DEPOSIT ACCT 7/1/2004 0.000 0.07 0.07 0.00 SEC ID: 996087094 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO 7/1/2004 TOTAL CASH & CASH EQUIVALENTS U.S. DOLLAR: 11, 100,000.000 11,173.54 11,173.54 0.00 TOTAL CASH & CASH EQUIVALENTS BASE: 11,100,000.000 11,173.54 11,173.54 0.00 FIXED INCOME SECURITIES U.S. DOLLAR IT ASSOCIATES CORP NA MTN SR00043 7.920% 7/13/2004 100,000.000 1,584.00 1,584.00 0.00 07 / 13/2004 DD 07/13 /94 7/13/2004 SEC ID: 045906BU7 7/13/2004 OCSF07511102: LIQUID OPER-PIMCO IT WMP/HUNTOON PAIGE #000-11150 7.500% 7/1/2004 802.280 5,887.44 5,887.44 0.00 12/ 01/2030 DD 10/21 /99 6/1/2004 SEC ID: 302998GE3 7/1/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FHLMC MULTICLASS MTG SER E3 A VAR RT 7/15/2004 28,065.250 3,011.55 3,011.55 0.00 08/ 15/2032 DD 12/01 /97 6/1/2004 SEC ID: 3133TCE95 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FHLMC MULTICLASS MTG SER E3 A VAR RT 7/23/2004 9.100 9.10 9.10 0.00 08/ 15/2032 DD 12/01 /97 6/1/2004 SEC ID: 3133TCE95 7/23/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FHLMC MULTICLASS MTG SER E3 A VAR RT 7/23/2004 2.050 2.05 2.05 0.00 08/ 15/2032 DD 12/01 /97 5/1/2004 SEC ID: 3133TCE95 7/23/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FHLMC GROUP #78-6064 6.384% Ol/01 /2028 7/19/2004 730.840 199.82 199.82 0.00 DD 12/01/97 6/1/2004 SEC ID: 31348SWZ3 7/19/2004 OCSF0752 2202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 40 Workbenc~ - ~ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATED::mr.2 '.:] 60 oo:ioo:mo 7/1/2004 -7/30/2004 Status: FINAL Trade Date· Tran. Settle· Date Price· Cost Amount Net Gain/Loss Type 'Descrlption ··'' Reported.-))ate Base. Shares/Par· , Base Base . Base IT FNMA POOL#0254510 5.000% 11/01/2017 7/26/2004 12,883.380 3,046.34 3,046.34 0.00 DD 10/01/02 7/1/2004 SEC ID: 31371KVB4 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0254631 5.000%02/01/2018 7/26/2004 2,486.680 654.93 654.93 0.00 DD 01/01/03 7/1/2004 SEC ID: 31371 KY47 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#0254760 5.000%06/01/2018 7/26/2004 2,450.840 587.26 587.26 0.00 DD 05/01/03 7/1/2004 SEC ID: 31371 K5V9 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0254866 5.000% 09 /0l /2018 7/26/2004 877.300 261.48 261.48 0.00 DD 08/01/03 7/1/2004 SEC ID: 31371 LCB3 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#0254953 5.000% 11/01/2018 7/26/2004 4,025.130 1,378.18 1,378.18 0.00 DD 10/01/03 7/1/2004 SEC ID: 31371LE21 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0254987 5.000% 12/01/2018 7/26/2004 9,968.470 3,724.04 3,724.04 0.00 DD 11/01/03 7/1/2004 SEC ID: 31371 LF46 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0323980 6.000% 04/01/2014 7/26/2004 6,022.910 853.10 853.10 0.00 DD 09/01/99 7/1/2004 SEC ID: 31374T2MO 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0357328 5.000% 01 /01/2018 7/26/2004 491.890 111.46 111.46 0.00 DD 01/01/03 7/1/2004 SEC ID: 31376J4M8 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0357430 5.000% 09/01/2018 7/26/2004 25,492.060 5,909.97 5,909.97 0.00 DD 09/01/03 7/1/2004 SEC ID: 31376KA71 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 8/6/2004 8:50:54AM PDT 41 Workbench fb Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATED:m:2J6DDDLJDO:JOO 7/1/2004 -7/30/2004 Status: FINAL Trade Date .. Tran ; ·· .. Price . Cost Amount Ne.i Gain/LOss Settie·Date, Ty~·· Descri~~on Reported Date. Base Shares/Par Base· .. Base Base IT FNMA POOL #0456482 6.000% 02/01/2014 7/26/2004 1,046.830 255.67 255.67 0.00 DD 02/01/99 7/1/2004 SEC ID: 31381CCT2 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0509649 6.000% 09/01/2014 7/26/2004 937.430 643.71 643.71 0.00 DD 09/01/99 7/1/2004 SEC ID: 31383QEWO 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0535451 6.000%06/01/2015 7/26/2004 4,689.880 670.66 670.66 0.00 DD 07/01/00 7/1/2004 SEC ID: 31384 VZQ8 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#OS35672 6.000%01/01/2016 7/26/2004 107,598.070 14,397.44 14,397.44 0.00 DD 12/01/00 7/1/2004 SEC ID: 31384WCH1 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL 1#0545296 6.000% 11/01/2016 7/26/2004 33,943.830 4,512.19 4,512.19 0.00 DD 10/01/01 7/1/2004 SEC ID: 31385HXZO 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#0545580 6.000%03/01/2017 7/26/2004 2,588.060 371.71 371.71 0.00 DD 03/01/02 7/1/2004 SEC ID: 31385JCR7 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0555101 6.000% 10/01/2017 7/26/2004 5,629.820 706.70 706.70 0.00 DD 11/01/02 7/1/2004 SEC ID: 31385WU23 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL #0555363 5.000% 04/01/2018 7/26/2004 7,106.840 1,402.21 1,402.21 0.00 DD 03/01/03 7/1/2004 SEC ID: 31385WSY 1 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL#0555453 5.000%05/01/2018 7/26/2004 622.640 144.11 144.11 0.00 DD 04/01/03 7/1/2004 SEC ID: 31385XBW6 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 8/6/2004 8:50:54AM PDT 42 ~orkbenc~ ·• ? 8 Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE DrnlDl2 CJ 60 OOCJOODDD 7/1/2004 -7/30/2004 Status: FINAL Trade Date Tran Settle Date' · ·Price. Cost Amount Net Gain/Loss Type D~senption ·: : . .· · Reporte~ Date Base · Shares/Par Base · 'Base Base IT FNMA POOL #0555545 5.000% 06/01/2018 7/26/2004 5,109.490 1,159.12 1,159.12 0.00 DD 05/01/03 7/1/2004 SEC ID: 31385XES2 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0555621 5.000% 07/01/2018 7/26/2004 14,785.220 4,022.46 4,022.46 0.00 DD 06/01/03 7/1/2004 SEC ID: 31385X068 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0576386 6.000%05/01/2016 7/26/2004 436.290 266.12 266.12 0.00 DD 05/01/01 7/1/2004 SEC ID: 31386XJ72 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0576739 6.000%04/01/2016 7/26/2004 5,952.220 578.76 578.76 0.00 DD 04/01/01 7/1/2004 SEC ID: 31386XV86 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#0580888 6.000%05/01/2016 7/26/2004 4,185.090 921.43 921.43 0.00 DD 05/01/01 7/1/2004 SEC ID: 31387DJ91 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0594002 6.000% 07 /01/2016 7/26/2004 819.520 756.92 756.92 0.00 DD 07 /01/01 7/1/2004 SEC ID: 31387T3K8 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL#0597376 6.000%09/01/2016 7/26/2004 1,513.130 1,058.96 1,058.96 0.00 DD 08/01/01 7/1/2004 SEC ID: 31387XT96 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL #0605259 6.000%09/01/2016 7/26/2004 11,069.580 675.05 675.05 0.00 DD 09/01/01 7/1/2004 SEC ID: 31388HMG 1 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL #0608366 6.000% 10/01/2016 7/26/2004 420.430 381.02 381.02 0.00 DD 09/01/01 7/1/2004 SEC ID: 31388LZ78 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 8/6/2004 8:50:54AM PDT 43 Workbench @ Transaction Detail ReportID: E'WB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE DJIJG2 0 60 DDDDDDOO 7/1/2004 -7 /30/2004 Status: FINAL ~ .·. Trade Date . . Tran .. Settle .Date Price~: Cost Amount Ne~ Gain/Loss Type. Descrlptfon . · ' ... ' ; Base . .. Shares/Par .. ,. Rep~rte,t Da~e ·~ Base Base ; ·.Base ,_ . ' IT FNMA POOL #0616734 6.000% 12/01/2016 7/26/2004 747.340 831.17 831.17 0.00 DD 12/01/01 7/1/2004 SEC ID: 31388WEF9 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#0630812 6.000%02/01/2017 7/26/2004 2,787.900 750.64 750.64 0.00 DD 02/01/02 7/1/2004 SEC ID: 31389NYH2 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0632376 6.000% 07/01/2017 7/26/2004 18,587.790 3,473.17 3,473.17 0.00 DD 07 /01/02 7/1/2004 SEC ID: 31389QQ50 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0653116 6.000% 07/01/2017 7/26/2004 24,083.420 1,900.78 1,900.78 0.00 DD 07/01/02 7/1/2004 SEC ID: 31390QSD8 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0673280 6.000%08/01/2017 7/26/2004 866.230 852.93 852.93 0.00 DD 11/01/02 7/1/2004 SEC ID: 31391 P6R2 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0681309 5.000% 02/01/2018 7/26/2004 6,692.900 2,143.49 2,143.49 0.00 DD 02/01/03 7/1/2004 SEC ID: 31391 Y3S4 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL#0681334 5.000%02/01/2018 7/26/2004 1,350.210 261.90 261.90 0.00 DD 01/01/03 7/1/2004 SEC ID: 31391 Y4Tl OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA GTD REMICP/T02-76 PD 5.000% 7/26/2004 0.000 3,750.00 3,750.00 0.00 08/25/2022 DD 10/01/02 7/1/2004 SEC ID: 31392FKF3 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL #0684908 5.000%06/01/2018 7/26/2004 6,188.630 1,357.12 1,357.12 0.00 DD 05/01/03 7/1/2004 SEC ID: 31400D3Rl OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 8/6/2004 8:50:54AM PDT 44 Workben~ ,- 8 Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATED:Jlli2 :J 60 oo:ioo:ioo 7/1/2004 -7/30/2004 Status: FINAL ,. ~de Date·. .. , -· ' ·Price-:.· Tran".·.· · .. :,· . settle :Date·: · . ., ··Cost Amount Net~n/Loss 'i'y~-.. D~scrlpttoli. ·. ... ,·:-., Rep()i-t:ed riate Base·: Shares) Par Base ·Base .:Base " . IT FNMA POOL#0685200 5.000%03/01/2018 7/26/2004 2,555.920 763.87 763.87 0.00 DD 03/01/03 7/1/2004 SEC ID: 31400EGH7 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#0685665 5.000%02/01/2018 7/26/2004 715.460 134.29 134.29 0.00 DD 02/01/03 7/1/2004 SEC ID: 31400EW22 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0686318 5.000% 03/01/2018 7/26/2004 7,472.410 1,149.28 1,149.28 0.00 DD 03/01/03 7/1/2004 SEC ID: 31400FPB7 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#0688739 5.000%06/01/2018 7/26/2004 1,859.780 446.96 446.96 0.00 DD 06/01/03 7/1/2004 SEC ID: 3 l 400JEL9 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0689859 5.000% 05/01/2018 7/26/2004 367.750 356.96 356.96 0.00 DD 05/01/03 7/1/2004 SEC ID: 31400KMG8 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0693834 5.000% 03/01/2018 7/26/2004 12,764.200 2,599.42 2,599.42 0.00 DD 03/01/03 7/1/2004 SEC ID: 31400PY74 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0695852 5.000% 05/01/2018 7/26/2004 3,348.820 922.43 922.43 0.00 DD 05/01/03 7/1/2004 SEC ID: 31400SBVO 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL ##0695889 5.000% 05/01/2018 7/26/2004 17,197.550 3,111.12 3,111.12 0.00 DD 05/01/03 7/1/2004 SEC ID: 31400SC23 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL ##0697026 5.000% 05/01/2018 7/26/2004 443.430 98.20 98.20 0.00 DD 04/01/03 7/1/2004 SEC ID: 3 l 400TLF2 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 45 Workbench fb Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDOIJITI20 60 DOOOO:JDD 7/1/2004 -7/30/2004 Status: FINAL Trade Date. , · Tran. Bettle Date · Price Cost Amount Net Gain/Loss Type ·nescriptton ·Reported Date Base·· Shares/Par Base Base Base IT FNMA POOL #0698939 6.000% 09 /01/2017 7/26/2004 269.350 278.80 278.80 0.00 DD 03/01/03 7/1/2004 SEC ID: 31400VPY2 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0702210 5.000% 05/01/2018 7/26/2004 4,730.950 906.91 906.91 0.00 DD 05/01/03 7/1/2004 SEC ID: 31401ADP9 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0702328 5.000% 05/01/2018 7/26/2004 1,534.450 561.86 561.86 0.00 DD 04/01/03 7/1/2004 SEC ID: 31401AHD2 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#0703195 6.000%01/01/2017 7/26/2004 689.090 271.01 271.01 0.00 DD 04/01/03 7/1/2004 SEC ID: 31401BGC3 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0709148 5.000% 06/01/2018 7/26/2004 5,411.070 1,173.20 1,173.20 0.00 DD 06/01/03 7/1/2004 SEC ID: 31401HZM7 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0709360 5.000% 07 /01/2018 7/26/2004 7,250.530 2,682.29 2,682.29 0.00 DD 06/01/03 7/1/2004 SEC ID: 31401J856 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0709826 5.000% 06/01/2018 7/26/2004 3,551.200 457.73 457.73 0.00 DD 06/01/03 7/1/2004 SEC ID: 31401JSP4 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#0709917 5.000%06/01/2018 7/26/2004 5,426.140 959.11 959.11 0.00 DD 06/01/03 7/1/2004 SEC ID: 31401JVJ4 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL #0709963 5.000% 06 /01/2018 7/26/2004 85.370 85.82 85.82 0.00 DD 06/01/03 7/1/2004 SEC ID: 31401JWYO 7/26/2004 OCSF0752 2202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 46 Workben~ .- @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD.CONSOLIDATE DO!Il2 J 60 oo:mo:ioo 7/1/2004 -7/30/2004 Status: FINAL Trade Date ·. ,.,, r•• Tran .. ~ .,·::Settle Date Price Cost Amount Net fl;lin/Loss Type Description ·Reported· Date , Base . ·Shares/Par Base Base Base .' . IT FNMA POOL #0710235 5.000% 06/01/2018 7/26/2004 13,626.090 2,626.08 2,626.08 0.00 DD 06/01/03 7/1/2004 SEC ID: 31401KBC8 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0713344 5.000% 06/01/2018 7/26/2004 563.710 71.23 71.23 0.00 DD 06/01/03 7/1/2004 SEC ID: 31401NP52 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0713365 5.000% 07 /01/2018 7/26/2004 12,590.900 1,148.48 1,148.48 0.00 DD 07 /01/03 7/1/2004 SEC ID: 31401NQS1 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0720319 5.000% 07 /01/2018 7/26/2004 14,807.820 3,122.31 3,122.31 0.00 DD 07 /01/03 7/1/2004 SEC ID: 31401 WG45 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0720369 5.000% 06/01/2018 7/26/2004 84,058.290 9,166.94 9,166.94 0.00 DD 06/01/03 7/1/2004 SEC ID: 31401 WJNO 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0721629 5.000%07 /0l/2018 7/26/2004 3,548.490 1,237.16 1,237.16 0.00 DD 06/01/03 7/1/2004 SEC ID: 31401XVW4 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0723487 5.000% 06/01/2018 7/26/2004 940.200 983.76 983.76 0.00 DD 06/01/03 7/1/2004 SEC ID: 31402AXQ4 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0729601 5.000% 07 /01/2018 7/26/2004 3,445.830 1,681.21 1,681.21 0.00 DD 07 /01/03 7/1/2004 SEC ID: 31402 HRW3 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL #0732873 5.000% 1l/01/2018 7/26/2004 140.950 148.97 148.97 0.00 DD 10/01/03 7/1/2004 SEC ID: 31402MFN5 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 8/6/2004 8:50:54AM PDT 47 Workbench 8 Transaction Detail Report m: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDODlll20 6DDODOOODD 7/1/2004-7/30/2004 Status: FINAL · Trade. Date· Tran Settle Date Price. Cost Amount Net Gain/LOss '' Type · Description , ~. . . Reported Date Base Shares/Par Base -Base Base IT FNMA POOL #0737130 5.000% 10/01/2018 7/26/2004 23,302.020 2,868.08 2,868.08 0.00 DD 10/01/03 7/1/2004 SEC ID: 31402S4P9 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0738211 5.000% 10/01/2018 7/26/2004 23,455.530 2,273.99 2,273.99 0.00 DD 10/01/03 7/1/2004 SEC ID: 31402 UDQ2 7/26/2004 OCSF07522202: LONG TERM OPER-PJMCO IT FNMA POOL #0738487 5.000% 10/01/2018 7/26/2004 2,413.080 824.36 824.36 0.00 DD 10/01/03 7/1/2004 SEC ID: 31402UNC2 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0740471 5.000% 10/01/2018 7/26/2004 2,826.570 2,842.56 2,842.56 0.00 DD 10/01/03 7/1/2004 SEC ID: 31402Wf40 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0740748 5.000% 10/01/2018 7/26/2004 3,553.240 3,239.97 3,239.97 0.00 DD 11 /01/03 7/1/2004 SEC ID: 31402W5H7 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0743868 5.000% ll /01/2018 7/26/2004 393.350 163.40 163.40 0.00 DD 10/01/03 7/1/2004 SEC ID: 31403BMR1 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL #0744008 5.000% 07/01/2018 7/26/2004 43,378.370 4,558.31 4,558.31 0.00 DD 09/01/03 7/1/2004 SEC ID: 314038R54 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL #0744316 5.000%09/01/2018 7/26/2004 2,648.080 661.75 661.75 0.00 DD 09/01/03 7/1/2004 SEC ID: 3140383Z4 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 IT FNMA POOL #0747914 5.000% 11 /01/2018 7/26/2004 1,966.120 1,471.01 1,471.01 0.00 DD 11 /01/03 7/1/2004 SEC ID: 31403F3XO OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 8/6/2004 8:50:54AM PDT 48 W,orkben~, @ Transaction Detail ReportID: E'WB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDrnr2 0 60 OOCJOODDD 7/1/2004 -7/30/2004 Status: FINAL Trade Date Tran·· : SeWe Date Price Cost Amount . Net Gain/Loss Type DesCrlption . Reported Date .. Base. Shares/Par ·Base . Base· Base IT FNMA POOL #0748400 5.000% 08/01/2018 7/26/2004 5,104.830 922.45 922.45 0.00 DD 09/01/03 7/1/2004 SEC ID: 31403GNR9 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0748899 5.000% 12/01/2018 7/26/2004 34,346.010 4,063.41 4,063.41 0.00 DD 11 /01/03 7/1/2004 SEC ID: 31403G7LO 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0750377 5.000% 11 /01/2018 7/26/2004 41,243.350 9,412.18 9,412.18 0.00 DD ll /01/03 7/1/2004 SEC ID: 31403JUA2 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0750380 5.000% ll /01/2018 7/26/2004 8,410.510 8,090.56 8,090.56 0.00 DD ll /01/03 7/1/2004 SEC ID: 31403JUD6 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0750445 5.000% 1l/01/2018 7/26/2004 670.220 709.47 709.47 0.00 DD 11 /01/03 7/1/2004 SEC ID: 31403JWE2 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0751960 5.000% 12/01/2018 7/26/2004 5,074.220 3,419.81 3,419.81 0.00 DD 11/01/03 7/1/2004 SEC ID: 31403LMH1 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0753425 5.000% 11/01/2018 7/26/2004 20,568.390 3,777.35 3,777.35 0.00 DD 11/01/03 7/1/2004 SEC ID: 31403 NA23 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL #0755165 5.000% 12/01/2018 7/26/2004 2,571.190 2,524.16 2,524.16 0.00 DD 11/01/03 7/1/2004 SEC ID: 31403Q6A3 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT FNMA POOL#0756372 5.000% 11/01/2018 7/26/2004 4,079.060 4,034.59 4,034.59 0.00 DD 11 /01/03 7/1/2004 SEC ID: 31403SJR8 OCSF07522202: LONG TERM OPER-PIMCO 7/26/2004 8/6/2004 8:50:54AM PDT 49 Workbench @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLI DATE DJ!ll2 J 60 oo::moooo 7/1/2004 -7/30/2004 Status: FINAL Trade Date Tran Settle .Date Price Cost Amount Net Gabi/Loss Type Description Reported Date Base .Shares/Par. Base Base Base IT FORD MTR CR CO GLOBAL LANDMARK 6.700% 7/16/2004 2,500,000.000 83,750.00 83,750.00 0.00 07/ 16/2004 DD 07/16/99 7/16/2004 SEC ID: 345397SJ3 7/16/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0596612 6.500% 09/ 15/2032 7/15/2004 342.790 1,529.58 1,529.58 0.00 DD 09/01/02 7/1/2004 SEC ID: 36200BYH4 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 IT GNMA POOL #0569358 6.500% 04/ 15/2032 7/15/2004 50,674.870 4,421.17 4,421.17 0.00 DD 04/01/02 7/1/2004 SEC ID: 36200QQK3 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0569685 6.5000/o 02/ 15/2032 7/15/2004 1,973.290 201.42 201.42 0.00 DD 02/01/02 7/1/2004 SEC ID: 36200Q2S2 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0570019 6.5000/o 07/15/2032 7/15/2004 3,617.480 350.84 350.84 0.00 DD 07 /01/02 7/1/2004 SEC ID: 36200RG48 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0574323 6.500% 12/ 15/2031 7/15/2004 9,792.550 1,903.02 1,903.02 0.00 DD 12/01/01 7/1/2004 SEC ID: 36200WAY7 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 IT GNMA POOL#0575364 6.500% 11/15/2031 7/15/2004 3,093.390 170.51 170.51 0.00 DD 11/01/01 7/1/2004 SEC ID: 36200XFD6 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 IT GNMA POOL #0587117 6.5000/o 06/15/2032 7/15/2004 1,234.930 85.39 85.39 0.00 DD 06/01/02 7/1/2004 SEC ID: 36201MG22 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 IT GNMA POOL #0587439 6.5000/o 11/15/2032 7/15/2004 3,812.220 271.23 271.23 0.00 DD 12/01/02 7/1/2004 SEC ID: 36201MS45 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 8/6/2004 8:50:54AM PDT 50 Vl{orkbenc~. ~ Transaction Detail Report m: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE D;:]][[2 0 60 OOJOO:JOO 7/1/2004 -7/30/2004 Status: FINAL Trade··nate Price, . Tran:· . S~ttle.Date.·. · ... . · Cost Amount Net Gain/Loss . !Y~·: Des~pt101i .. . ' . Rep.;rted. Date ; . Base .. · .. Shares/Par . ·Base Base · Base IT GNMA POOL #0421389 6.500% 04/15/2026 7/15/2004 493.030 63.16 63.16 0.00 DD 04/01/96 7/1/2004 SEC ID: 36206UC23 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0438057 6.000% OS/ 15 /2028 7/15/2004 15.270 51.84 51.84 0.00 DD 05/01/98 7/1/2004 SEC ID: 36207PTN9 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0449851 6. 5000/o Ol/ 15 /2028 7/15/2004 35.970 108.69 108.69 0.00 DD 01/01/98 7/1/2004 SEC ID: 36208FWLO 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0457814 6.000% 10/ 15/2028 7/15/2004 616.310 150.74 150.74 0.00 DD 10/01/98 7/1/2004 SEC ID: 36208QSB3 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0465546 6. 000% 08/ 15 /2028 7/15/2004 15,554.590 1,924.66 1,924.66 0.00 DD 08/01/98 7/1/2004 SEC ID: 36209AET3 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0465555 6.000% 09/ 15/2028 7/15/2004 34,618.340 2,140.75 2,140.75 0.00 DD 09/01/98 7/1/2004 SEC ID: 36209AE48 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0466845 6.500% 06/ 15/2028 7/15/2004 10,481.340 255.97 255.97 0.00 DD 06/01/98 7/1/2004 SEC ID: 36209Bl'A6 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0467279 6.000% 10/ 15/2028 7/15/2004 34.860 102.23 102.23 0.00 DD 10/01/98 7/1/2004 SEC ID: 36209CCQ7 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0467286 6.000% 10/ 15 /2028 7/15/2004 501.090 1,746.07 1,746.07 0.00 DD 10/01/98 7/1/2004 SEC ID: 36209CCX2 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 51 Workbench @ Mellon OCSD-CONSOLIDATEDJill!206DDDODDODO Transaction Detail Reported by Transaction Category 7/1/2004 -7/30/2004 · :· Trade· Date ~i~;~~Pt-W•li ) . ' ,,:;~~=~;~~ IT IT IT IT IT IT IT IT IT GNMA POOL #0468052 6. 500% 07/15 /2028 DD 07 /01/98 SEC ID: 36209CSM4 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 7/1/2004 7/15/2004 GNMA POOL #0468330 6.000% 05/ 15/2028 7/15/2004 DD 05/01/98 7/1/2004 SEC ID: 36209DHF4 OCSF07522202: LONG TERM OPER-PIMCO 7 /15/2004 GNMA POOL #0468339 6.000% 08/15/2028 7 /15/2004 DDOB/01/98 7/1/2004 SEC ID: 36209 DHQO OCSF07522202: LONG TERM OPER-PIMCO 7 / lS/2004 GNMA POOL#0469688 6.000% 11/15/2028 7/15/2004 DD 11/01/98 7/1/2004 SEC ID: 36209EXR8 OCSF07522202: LONG TERM OPER-PIMCO 7 /l5 /2 004 GNMA POOL#0476041 6.500%06/15/2028 7/15/2004 DD06/01/98 7/1/2004 SEC ID: 36209MZE7 OCSF07522202: LONG TERM OPER-PIMCO 7 /15/2004 GNMA POOL#0478626 6.500% 01/15/2029 7/15/2004 DDOl/01/99 7/1/2004 SEC ID: 36209QVT9 OCSF0752 2202: LONG TERM OPER-PIMCO 7 /15 / 2 004 GNMA POOL #0480598 6.500% 10/15/2028 7 /15/2004 DD 10 /01/98 7I1/2004 SEC ID: 36209S3F6 OCSF07522202: LONG TERM OPER-PIMCO 7 /lS/2 004 GNMA POOL#0483452 6.000% 09/15/2028 7/15/2004 DD09/0l/98 7/1/2004 SEC ID: 36209WBV3 OCSF07522202: LONG TERM OPER-PIMCO 7 /l 5 /2 004 GNMA POOL#0485527 6.500% 06/15/2031 DD 06/01/01 SEC ID: 36209YLG 1 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 7/1/2004 7/15/2004 8/6/2004 8:50:54AM PDT Pric•:>~, ·.sase,,: 52 171.320 2,004.200 29,984.120 387.840 10,836.930 165.420 37.900 19.030 14,791.580 Ce>st sase.. 608.21 54.26 1,346.74 53.59 935.11 659.17 157.11 65.37 1,905.28 Report ID: EWB009 Base Currency: USD Status: FINAL .;sa~e 608.21 0.00 54.26 0.00 1,346.74 0.00 53.59 0.00 935.11 0.00 659.17 0.00 157.11 0.00 65.37 0.00 1,905.28 0.00 t\forkbenc~. Transaction Detail EWB009 ,-- @ Report ID: Mellon Reported by Transaction Category Base Currency: USD 0 CS D-CO NS 0 LI DATED Jlil2 ::J 60 DD O OD :J OD 7/1/2004 -7/30/2004 Status: FINAL ,Trade Date '' 'J'ra:D'' ,· ., ·s~ttle-Date Price cOst Amount Net Gain/LOss ''> ',: -Type·.:i>e.;.~ption. >R~ported Date Base. Shares/Par· " , '' Base: ' Base Base IT GNMA POOL #0485610 6.5000/o 07/15/2031 7/15/2004 24,212.240 2,006.02 2,006.02 0.00 DD 07 /01/01 7/1/2004 SEC ID: 36209YN38 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0485682 6.5000/o 08/ 15/2031 7/15/2004 3,996.860 383.37 383.37 0.00 DD 08/01/01 7/1/2004 SEC ID: 36209YRB6 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0485703 6.5000/o 08/ 15/2031 7/15/2004 76.180 338.84 338.84 0.00 DD 08/01/01 7/1/2004 SEC ID: 36209YRY6 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0486720 6.000% 12/ 15/2028 7/15/2004 582.480 54.06 54.06 0.00 DD 12/01/98 7/1/2004 SEC ID: 36210AVM6 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0491103 6.0000/o 01/ 15/2029 7/15/2004 2,449.950 438.11 438.11 0.00 DD 01/01/99 7/1/2004 SEC ID: 36210FRY4 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0496461 6.000% 01/ 15/2029 7/15/2004 7,311.030 1,758.55 1,758.55 0.00 DD 01/01/99 7/1/2004 SEC ID: 36210MQN4 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0497343 6.0000/o 12/15/2028 7/15/2004 30.070 93.51 93.51 0.00 DD 12/01/98 7/1/2004 SEC ID: 36210NP45 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0499153 6.0000/o 02/15/2029 7/15/2004 23.320 62.68 62.68 0.00 DD 02/01/99 7/1/2004 SEC ID: 36210QQE5 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0500917 6.0000/o 04/ 15/2029 7/15/2004 8.680 26.42 26.42 0.00 DD 04/01/99 7/1/2004 SEC ID: 36210SPAO 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/612004 8:50:54AM PDT 53 Workbench ~ Transaction Detail ReportID: E'WB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATEDOITI2 :J 60 OOOOOCJOO 7/1/2004 -7/30/2004 Status: FINAL Trade Date Tran Settle Date Price Cost Amount . Net Gaiil./Loss . Type ·Description . .. Reported· Date Base Shares/Par Base Base. , . Base IT GNMA POOL #0503388 6.000% 03/ 15/2029 7/15/2004 3,971.150 1,120.73 1,120.73 0.00 DD 03/01/99 7/1/2004 SEC ID: 36210VF55 7/15/2004 OCSF07522202: WNG TERM OPER-PIMCO IT GNMA POOL#0506636 6.0000/o 04/15/2029 7/15/2004 1,129.420 150.33 150.33 0.00 DD 04/01/99 7/1/2004 SEC ID: 36210YY90 7/15/2004 OCSF07522202: WNG TERM OPER-PIMCO IT GNMA POOL##0512235 6.500% 11/15/2029 7/15/2004 12.190 45.87 45.87 0.00 DD 11/01/99 7/1/2004 SEC ID: 36211GBC6 7/15/2004 OCSF07522202: WNG TERM OPER-PIMCO IT GNMA POOL ##0514326 6.5000/o 07/15/2029 7/15/2004 9,442.530 710.89 710.89 0.00 DD 07 /01/99 7/1/2004 SEC ID: 36211JLF2 7/15/2004 OCSF07522202: WNG TERM OPER-PIMCO IT GNMA POOL#0530053 6.500% 04/15/2031 7/15/2004 3,268.010 186.26 186.26 0.00 DD 04/01/01 7/1/2004 SEC ID: 36212CZS3 7 /15/2004 OCSF07522202: WNG TERM OPER-PIMCO IT GNMA POOL##0537885 6.5000/o 02/15/2031 7/15/2004 102.600 501.47 501.47 0.00 DD 02/01/01 7/1/2004 SEC ID: 36212MRE1 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 IT GNMA POOL#0547512 6.500% 04/15/2031 7/15/2004 2,126.260 55.77 55.77 0.00 DD 04/01/01 7/1/2004 SEC ID: 36212YGV9 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 IT GNMA POOL#0547715 6.500% 02/15/2031 7/15/2004 200.790 394.48 394.48 0.00 DD 02/01/01 7/1/2004 SEC ID: 36212YN82 OCSF07522202: WNG TERM OPER-PIMCO 7/15/2004 IT GNMA POOL #0552322 6.500% Ol/ 15/2032 7/15/2004 3,804.710 308.63 308.63 0.00 DD 01/01/02 7/1/2004 SEC ID: 36213ESK3 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 8/6/2004 8:50:54AM PDT 54 Workbench .. - @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATED3JI2 J 60 oc::moooo 7/1/2004 -7 /30/2004 Status: FINAL Trade Date Tran Settle Date Price Cost Amount Net Gain/Loss Type '" ··Sha.res/Par Des~ription Reported Date Base Base Base· Base IT GNMA POOL #0552466 6.500% 03/ 15/2032 7/15/2004 42,742.020 2,172.73 2,172.73 0.00 DD 03/01/02 7/1/2004 SEC ID: 36213EW36 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0552659 6.500% 07/15/2032 7/15/2004 10,920.220 1,871.26 1,871.26 0.00 DD 07 /01/02 7/1/2004 SEC ID: 36213ESU6 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA POOL #0561017 6.500% 07/15/2031 7/15/2004 3,572.300 1,477.24 1,477.24 0.00 DD 07 /01/01 7/1/2004 SEC ID: 36213QG29 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA II POOL#0080023VARRT12/20/2026 7/20/2004 3,446.840 720.49 720.49 0.00 DD 12/01/96 7/1/2004 SEC ID: 36225CAZ9 7/20/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA II POOL #080088M 7.375% 06/20/2027 7/20/2004 7,275.400 915.68 915.68 0.00 DD 06/01/97 7/1/2004 SEC ID: 36225CC20 7/20/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA II POOL #0080395 VAR RT 04/20/ 2030 7/20/2004 10,462.330 660.61 660.61 0.00 DD 04/01/00 7/1/2004 SEC ID: 36225CNM4 7/20/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA II POOL #080408X 6.500% 05/20/2030 7/20/2004 62,943.990 5,809.92 5,809.92 0.00 DD 05/01/00 7/1/2004 SEC ID: 36225CN28 OCSF07522202: LONG TERM OPER-PIMCO 7/20/2004 IT GNMA POOL #0080867 VAR RT 04 /20/2034 7/20/2004 6,320.190 2,558.85 2,558.85 0.00 DD 04/01/04 7/1/2004 SEC ID: 36225C6D3 OCSF07522202: LONG TERM OPER-PIMCO 7/20/2004 IT GNMA II POOL #0080900 VAR RT 05/20/2034 7/20/2004 2,236.840 961.04 961.04 0.00 DD 05/01/04 7/1/2004 SEC ID: 36225DM2 OCSF07522202: LONG TERM OPER-PIMCO 7/20/2004 8/6/2004 8:50:54AM PDT 55 Workbench @ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE DWJI2 CJ 60 00000'.JOO 7/1/2004 -7/30/2004 Status: FINAL Trade Date Trail " Settle Date Price Cost· Amount Net Gain/Loss Type Description ., Reported Date Base Shares/Par Base Base· ' ' Base· IT GNMA POOL #0080932 VAR RT 06 /20/2034 7/20/2004 1,825.420 2,729.49 2,729.49 0.00 DD 06/01/04 7/1/2004 SEC ID: 36225DBA1 7/20/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GOLDMAN SACHS GROUP INC SR NT 4 .125% 7/15/2004 3,000,000.000 61,875.00 61,875.00 0.00 Ol/ 15/2008 DD 01/13/03 7/15/2004 SEC ID: 38141GCS1 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO IT GNMA OTO REMIC TR 2000-9 FH VAR RT 7/16/2004 22,196.720 874.96 874.96 0.00 02/16/2030 7/16/2004 SEC ID: 3837H4NX9 7/16/2004 OCSF07522202: LONG TERM OPER-PIMCO IT NATIONSBANK CORP SR NTS 6.125% 7/15/2004 627 ,000.000 19,201.88 19,201.88 0.00 07 I 15/2004 DD 07 /23 /98 7/15/2004 SEC ID: 6385858J7 7/15/2004 OCSF07511102: LIQUID OPER-PIMCO IT RESIDENTIAL ASSET 03-RSl 1 AIIB VAR RT 7/26/2004 36,689.370 1,236.52 1,236.52 0.00 12/25/2033 DD 12/30/03 7/25/2004 SEC ID: 760985K83 7/26/2004 OCSF07522202: LONG TERM OPER-PIMCO IT US TREASURY INFLATION INDEX NT 3.375% 7/15/2004 14,000,000.000 281,076.08 281,076.08 0.00 01/ 15/2007 DD 01/15/97 7/15/2004 SEC ID: 9128272M3 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 CD US TREASURY INFLATION INDEX NT 3.375% 7/30/2004 0.000 95,760.00 95,760.00 0.00 01/ 15/2007DD01/ 15/97 SEC ID: 9128272M3 7/30/2004 OCSF07522202: LONG TERM OPER-PIMCO IT US TREASURY INFLATION INDEX NT 3.625% 7/15/2004 3,000,000.000 63,443.12 63,443.12 0.00 01/ 15/2008 DD 01/15/98 7/15/2004 SEC ID: 9128273T7 OCSF07522202: LONG TERM OPER-PIMCO 7/15/2004 CD US TREASURY INFLATION INDEX NT 3.625% 7/30/2004 0.000 20,130.00 20,130.00 0.00 Ol/ 15/2008DD01/15/98 SEC ID: 9128273T7 7/30/2004 OCSF07522202: LONG TERM OPER-PIMCO 8/6/2004 8:50:54AM PDT 56 ~ Transaction Detail Report ID: EWB009 Mellon Reported by Transaction Category Base Currency: USD OCSD-CONSOLIDATE D~ Cl 60 OOJOO::JDD 7/1/2004 -7/30/2004 Status: FINAL Trade·Date Tran· ., . Settle Date · ·Price Cost ·Amount Net Gain/LOss Type Description , Reported Date · ·Base Shares/Par Base Base Base IT US TREASURY INFLATION INDEX NT 3.875% 7/15/2004 13.000,000.000 289.497.57 289,497.57 0.00 01/ 15/2009 DD 01/15/99 7/15/2004 SEC ID: 9128274Y5 7/15/2004 OCSF07522202: LONG TERM OPER-PIMCO CD US TREASURY INFLATION INDEX NT 3.875% 7/30/2004 0.000 85,930.00 85,930.00 0.00 01/ 15/2009 DD 01/15/99 SEC ID: 9128274YS 7/30/2004 OCSF07522202: LONG TERM OPER-PIMCO IT WELLS FARGO &CO NEW NT6.625% 7/15/2004 125,000.000 4,140.63 4,140.63 0.00 07/ 15/2004 DD 07/28/99 7/15/2004 SEC ID: 949746AA9 7/15/2004 OCSF07511102: LIQUID OPER-PIMCO TOTAL FIXED INCOME SECURITIES U.S. DOLLAR: 37,620,137.630 1,225,160.14 1,225,160.14 0.00 TOTAL FIXED INCOME SECURITIES BASE: 37,620,137.630 1,225,160.14 1,225,160.14 0.00 TOTAL INTEREST BASE: 48,720,137.630 1,236,333.68 1,236,333.68 0.00 TOTAL TRANSACTIONS: -14,896,447.560 -98,876,317.28 37,263,743.08 -3, 125,826.29 8/6/2004 8:50:54AM PDT 57 Workbench BOARD OF DIRECTORS Meeting Da te To Bd . o f Dir . 08/25/04 AGENDA REPORT Item Number Item Number Orange County Sanitation District FROM: Blake P. Anderson , General Manager Originator: Gary G . Streed, Director of Financeffreasurer SUBJECT: 2004-05 SEWER SERVICE USER FEES FOR PERMIT USERS GENERAL MANAGER'S RECOMMENDATION Adopt Ordinance No. OCSD-24 , Adopting Revised Table G re Permittee Charges for Use and Reaffirming All Other Charges : 14 "An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges; Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees relating to lndustri~I Charges , Source Control Permittees and Wastehaulers ; and Repealing Ordinance No . OCSD-22 " a . Open noticed public meeting -Continuation from July 21 , 2004 public meeting 1. Receive and file written comments, if any 2. Verbal report of Director of Finance 3. Verbal report of General Counsel 4 . Directors ' questions 5 . Public comments b. Close public comments c . Discussion by Board of Directors d. Recommended actions: 1. Motion to read Ordinance No. OCSD-24 by title only and waive reading of said entire Ordinance . (The waiver of the reading of the entire Ordinance must be adopted by a unanimous vote of Directors present.) 2 . Motion to adopt Ordinance No. OCSD-24 , Adopting Revised Table G re Permittee Charges for Use and Reaffirming All Other Charges : "An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges ; Establishing Capital Facilities Capacity Charges ; Adopting Miscellaneous Charges and Fees relating to Industrial Charges , Source Control Permittees and Wastehaulers ; and Repealing Ordinance No . OCSD -22 ". SUMMARY Since the inception of the Permit User Fee program in 1970, users of the District's system that discharge high volumes or high strength wastewater have been required to obtain a discharge permit (either a Class I or Class II) and to pay extra fees for the cost of service . The fees are initially calculated based on the flow , BOD and SS of the user. That calculated fee is reduced by the property tax paid by the user to the District. Certain changes in the property tax program in California and the calculation of the Permit User rates have caused staff to re-evaluate this program and our practices . There are approximately 500 Permit Users that pay for sewer services based upon their actual flow , BOD and SS. The individual user rates for each of these parameters has been calculated for the past few years based upon net revenue requirements for O&M and the CIP , after subtracting other projected revenues , including property taxes , from our total annual revenue and spending requirements . Staff believes that it is necessary to either discontinue allowing the tax credit to Permit Users or to modify the computation of the rates for flow , BOD and SS . Staff recommends changing the computation of the individual rates so that they are calculated prior to subtracting property tax revenue , and to continue the practice of allowing each Permit User credit for its actual property tax payment during the billing process . This change will result in higher rates for flow, BOD and SS than have been adopted for 2004-05 as the total District funding needs used in the calculation will increase by $28 million (the amount of the property tax subtraction in the calculation). Permit Users will again be paying for the cost to provide their service based upon actual use and will be given a credit , or rate reduction for their actual property tax payments up to the calculated annual fee . This action is proposed as an urgency Ordinance so that the rates may be effective for 2004-05 . PRIOR COMMITTEE/BOARD ACTIONS Ordinance No . OCSD-22 . PROJECTICONTRACTCOSTSUMMARY The proposed 5-year Class I and Class II and Special Purpose Discharge Permittee rates are shown below. The rates shown for 2003-04 are the rates that were previously adopted and they are not proposed to change . The rates that were adopted and implemented for 2004-05 will be replaced by those shown . The rates for future fiscal years will be presented to the Board for consideration each year , along with the residential rates, for authorization and implementation, and may change based upon future changes in property tax allocations . C \Documen ts and Sett1ngs\Ow-Yeangllocal Set11ngs\Temporary Internet F11eslOLK7FD\l tem 14.0rdinanco 242 doc Revised 06/04/03 Page 2 4 .. Actual Proposed Future Future Future 2003-04 2004-05 2005-06 2006-07 2007-08 Flow (*) $316.38 $500.20 $564.42 $697.94 $785.31 BOD (**) $216.13 $298.89 $337.47 $404.32 $455.46 SS (***) $207.35 $275.47 $312.18 $370.94 $419.61 (*) Per million gallons of flow (**) Per thousand pounds of Biochemical Oxygen Demand (***) Per thousand pounds of Suspended Solids This change is projected to generate approximately $1.8 million of additional Permit User Fees for 2004-05 based upon the actual discharges of 2002-03, the last data available. This additional revenue will be used to reduce or defer future rate increases. BUDGET IMPACT ~ This item has been budgeted. (Line item: ) D This item has been budgeted, but there are insufficient funds. D This item has not been budgeted. D Not applicable (information item). Applies to future budget periods ADDITIONAL INFORMATION The attached staff report includes additional information regarding the Permit User program and the reasons for this recommendation. ALTERNATIVES The attached staff report includes discussion of alternatives including no change and eliminating the credit for property taxes. Another alternative could be to use the rates already adopted for 2004-05 and to change the rate calculation methodology for 2005-06. Such a delay would avoid the urgency Ordinance but would also continue the practice of reducing individual Permit User calculated fees by property taxes that had already reduced the rates for flow, BOD and SS. CEQA FINDINGS N/A ATTACHMENTS 1. Staff Report including examples 2. Schedule of Impact on All Permit Users 3. Table G -Redline version 4. Proposed Ordinance No. OCSD-24 C:\Oocuments and Selhngs\Ow-Yeang\local Set11ngs\Temporary Internet Flles\OLK7FD\ltem 14.0rdinance 242.doc Revised 06/04103 Page 3 ' •• July 14, 2004 Staff Report Property Taxes and Sewer User Fees Since the inception of the Permit User Fee program in 1970, the Permit Users have been granted a credit against their calculated fees based upon flow, BOD and SS for the property taxes they have paid to the District. Certain changes in the property tax program in California and the calculation of the Permit User rates have caused staff to re-evaluate this program and our practices. A change in practice is recommended. Property Taxes Property taxes are levied pursuant to the State Constitution and are based solely upon assessed property values. Property taxes are collected from all properties, developed or not, connected to sewers or not. Property taxes are intended to be used for the benefit of the local area. Property taxes received by the County are apportioned pro rata to various public agencies based upon a statutory formula adopted following the passage of Proposition 13 in 1978. Property taxes received by the OCSD are currently used entirely to repay outstanding debt and interest; they are not used for operations and maintenance. OCSD receives a small share of the annual "1 % basic levy" property tax collected within our service area. For every $100 collected, the District receives approximately $2.50. OCSD does not set property tax rates, collect property taxes or control the allocation or apportionment of property taxes. It is important to keep in mind that the State can change the allocation at any time. User Fees Property taxes are included as one of the sources of funds received in the annual OCSD budget. As such they are considered, along with interest income, connection fees and other revenues when annual sewer service user fees are calculated and established. Thus, user fee rates which were established to provide sufficient revenues to cover the cost of service including O&M, CIP and debt service have actually been reduced by anticipated property tax and other revenues. These reduced rates produce revenues that by themselves do not recover the full cost of service. OCSD -P.0.Box8127 -i:ountainVallcy.CA92728-8127 -(714)%2-2411 Property Taxes and Sewer User Fees Page 2 of 5 July 14, 2004 These reduced user fee rates are used as the basis to compute the annual rates for Permit Users. When multiplied by the actual flow, BOD and SS discharge for each user, they result in a total charge for the net cost of service, already reduced by property taxes, interest income, connection fees and other revenues. Presumably if all users were charged according to this method and using these net rates, the total of all the calculated fees plus property taxes, interest, connection fees and other revenues would equal the annual cash requirements for O&M, CIP and debt service. Of course it is not that simple. For one thing, the annual cash requirement budget is not completely funded by annual revenues. Most years there are either draws on accumulated funds or new borrowing. For example, the net rate calculated for a SFR in 2003-04 using the above method was $152.69, but the actual adopted rate was only $100.00. This reduction was possible because $280 million of new debt was issued during the year. By extension, then, if all users had been billed using the net rates that have been reduced even further by allowing for new borrowing or use of "savings" or reserves, then the total calculated revenues would have been only 2/3 of the actual total requirements. Permit User Credits There are approximately 500 Permit Users that pay for sewer services based upon their actual discharge of flow, BOD and SS. Ordinance OCSD-01 requires that Permit Users be provided a credit for the property tax and sewer service user fees that are paid to the District and collected as a separate line item on the property tax bill. This has been a feature of the Permit User program from the beginning and was intended to ensure that the total of all fees and taxes received from the Permit User does not exceed the actual cost of service. The original Permit User rates for flow, BOD and SS were adopted in 1970, prior to the implementation of sewer service user fees collected on the tax bill and prior to the change in property tax rate calculation and allocation caused by Proposition 13. It was appropriate at the outset to assure Permit Users that they were not paying twice for the same service; once as property tax and again as a Permit User fee. These original Permit User rates were based upon the full cost of treatment and were not reduced by property taxes or other revenues. That reduction came as a part of each Permit User's annual fee reconciliation. As general sewer service user fees began to be collected as a separate line item on the property tax bills in 1982, these rates were established at rates that would allow the District to collect sufficient revenues to meet the net O&M, capital and debt service requirements remaining after all other sources of revenue. This means that property tax revenues have already reduced the General User rates Property Taxes and Sewer User Fees Page 3 of 5 July 14, 2004 and total revenues. These rates were computed differently from the Permit User rates that began in 1970. In 1999, subsequent to the Strategic Plan and the Rate Advisory Committee work, the General User fee rates were restructured. They were still based upon collecting revenues to cover our net requirements. As a part of the new rate adoption, the Permit User fee rates were tied to and based upon the General User rates. This connecting of the rates resulted in lower Permit User rates as these were no longer based upon total costs, but upon net requirements. The language in Ordinance OCSD-01 that provides for credit for property taxes paid by Permit Users was not changed at that time and remains in place today. The Issue All of these changes have put us in the position of allowing the Permit User two credits for property taxes. The first credit is included in the Permit User rate calculation; these rates will only raise the revenues needed to meet total requirements less property taxes and other revenues. The second credit comes during the annual Permit User fee calculation process when the actual property taxes paid by the individual Permit User are subtracted from the total calculated fees for actual flow, BOD and TSS for the year. This issue is the result of OCSD attempting to combine charges based solely upon property value with charges based upon use. Options 1) Discontinue Property Tax Credit: Continue with the current method of calculating Permit User rates based upon net requirements and based upon the residential sewer service fee collected on the property tax bill, but discontinue the practice of reducing the calculated Permit User total annual fee by that User's property tax payments. This method retains the features of the State and County property tax allocation and appropriation based upon property value and authorized by the State Constitution. However, since property taxes are a function of property values, they are affected by recent property purchases and sales. This option could result in a Permit User with very high property taxes based upon value and a high Permit User fee based upon use paying considerably more than it pays today as well as more than the cost of sewer service and debt service. This option seems to favor older businesses at the expense of new businesses in the service area. This method would also require a change to Ordinance OCSD-01. 2) Calculate Rates Before Tax Revenues: Change the method of calculating the Permit User rates for flow, BOD and SS so that no reduction is made for total anticipated property taxes. This would result in rates that more closely reflect the Property Taxes and Sewer User Fees Page 4 of 5 July 14, 2004 cost of providing service. New borrowing, use of reserves and interest income would still keep these rates below the actual cost of service. These rates would be about one-third greater than current rates. This would allow us to continue the current practice of providing an offset to the calculated Permit User Fee for the amount of the property taxes paid by that user without providing double credit as we do today. No refunds would be made for property taxes that exceed the calculated actual cost of service. 3) Refund "Excess" Property Taxes: Change the method of calculating the Permit User rates for flow, BOD and SS so that no reduction is made for total anticipated property taxes, as above. Allow credit, and issue refunds, for all of the property taxes that exceed the actual calculated Permit User charge. This would put the Permit User on a pure fee for service basis. Since the current rates are based upon net requirements, this would result in lower rates for Permit Users than for other users. No other user receives a return of property taxes when their fees are adjusted, even if they are not connected to the system. This option creates the possibility for a user with no current discharge to receive a 100% property tax refund resulting in no property taxes being paid for the COP service for facilities that are available to serve the property. This option could also create some property owners paying less than the 1 % basic property tax provided in the State Constitution. These seem to be undesirable results. 4) "Cost of Service" Rates with "Excess" Property Tax Refunds: Change the way Permit User rates are calculated so that they recover the full cost of collection, treatment and disposal and are not reduced by property taxes, borrowing, use of reserves or by other revenues. There are options within this option that might allow reduction for some of the revenues, but not all of them. This change would significantly increase the rates, but it could be accompanied by a policy and practice change that would allow full credit for all property taxes paid. This change and credit could be appropriate as the rates and resultant fees would include the full cost of service and would not have been reduced by other sources of funds. No refunds would be made for taxes that might exceed the calculated cost of service. Potential Permit User Rates Adopted No Rate Reduction for No Rate Reduction No Rate Reduction for 2004-05 Rates Property Tax for Any Current Any Current Revenues or in Ordinance Used for COP Service Revenues Reserves (1) (2&3) (4) (4) Flow, mg $368.58 $500.20 $751.57 $1,073.19 BOD, 1000# $248.55 $298.89 $376.08 $ 384.15 SS, 1000# $238.45 $275.47 $350.47 $ 356.41 Equiv SFR Rate $115.00 $155.25 $188.18 $ 220.16 Rates for permit users can be changed by the Board without having a Proposition 218 election and approval process because they are not deemed to be an Property Taxes and Sewer User Fees Page 5 of 5 July 14, 2004 incident of property ownership but are deemed to be a charge related solely to a request for service. The statutory Ordinance adoption process, including a notice to the affected Permit Users, would still be required. No changes are proposed for residential rates. The various options described and shown in the table above have been applied to the actual quantities and property taxes of our Permit Users in 2002-03 in an attempt to quantify their impact. Three attached schedules show the impact of the various options in dollars to Permit Users with low, average and high property tax allocations. The second attachment is a listing of each of our Permit Users in 2002-03 showing their property tax allocations (reduced by the proposed 40% shift to the State) and the combined calculated Permit User fee and property tax they would have paid us under the existing rate calculation methodology and the proposed methodology. While the actual discharge quantities and the rates for flow, BOD and SS will change for 2004-05, the relative differences and the impact will be consistent. GGS:lc H:\dept\fin\210\CRANE\FAHR\FAHR2004UUL Y\Staff Report_2004-05 Property Taxes and Sewer User Fees FAHR 7- 04.doc ~ 6/29/2004 Permit User Rates Adjusted To Eliminate Property Tax Credit A B B-A=C D D+C Would Be Calculated No Tax Tax Adopted SSF Rates Raised By b4 adj to sfr credit ded'n Reduction SSF Rates W/oTaxCr Tax Red'n 2003-04 Flow 498.79 682.76 183.97 316.38 500.35 16,787,263 BOD 326.40 396.76 70.36 216.13 286.49 12,208,445 SS 313.95 365.68 51.73 207.35 259.08 9,156,934 38,152,642 2004-05 Flow 540.45 672.07 131.62 368.58 500.20 12,010,325 BOD 358.54 408.88 50.34 248.55 298.89 8,734,695 SS 346.42 383.44 37.02 238.45 275.47 6,553,058 27,298,078 2005-08 Flow 634.75 769.77 135.02 429.40 564.42 12,320,575 BOD 412.83 464.47 51.64 285.83 337.47 8,960,263 SS 396.27 434.23 37.96 274.22 312.18 6,719,451 28,000,289 2006-07 Flow 648.86 846.55 197.69 500.25 697.94 18,039,213 BOD 438.63 514.24 75.61 328.71 404.32 13,119,394 SS 426.37 481.96 55.59 315.35 370.94 9,840,208 40,998,814 2007-08 Flow 664.94 867.46 202.52 582.79 785.31 18,479,950 BOD 467.64 545.09 n.45 378.01 455.46 13.438,659 SS 460.16 517.11 56.95 362.66 419.61 10,080,947 41,999,557 H:\dept\fin\210\CRANE\FAHR\FAHR2004\JULY\Attachment_ 1_Rate calcs for tax adjustment 7-2004 FAHR.xts ; 6/29/2004 2002-03 Permit Users Impact of Rate Change For Property Taxes Estimated Calculated Total ·Excess· Calculated Total Payment ·Excess· OCSD60% Permit User Payment Property Permit User Including Property Permit Permit User Name Share of Fee Including Taxes Fee Property Taxes Taxes Number Property 2002-03 Property Above NO TAX Above Tax Taxes Use Charge REDUCTION Use Charge 2-2-058 DISNEYLAND RESORT 559,204 374,719 559,204 184,485 472,744 659,204 86,460 2-1-028 STREMICKS HERITAGE FOODS LLC 3,635 564,646 564,646 694,885 694,885 2-1-274 ALSTYLE APPAREL-ACTIVEWEAR MFG. CO. INC. 3,875 488,492 488,492 616,099 616,099 2-1-029 M C P FOODS INC. 251 309,590 309,590 383,176 383,176 3-1-072 HOUSE FOODS AMERICA CORPORATION 284,033 284,033 351,131 351,131 2-1-425 KIMBERLY-CLARK WORLDWIDE, INC. 19,607 244,106 244,106 319,007 319,007 7-1-240 ROYALTY CARPET MILLS INC. 155 211,966 211,966 269,293 269,293 2-1-284 NOR-CAL BEVERAGE CO. INC. (MAIN) 1,898 191,326 191,326 237,206 237,206 2-1-047 KNOTT'SBERRYFARMFOODS 2,041 180,651 180,651 223,654 223,654 3-1-390 U.S. DYEING & FINISHING INC. 660 161,050 161,050 207,403 207,403 2-1-024 AERA ENERGY LLC 264 142,006 142,006 196,244 196,244 3-1-085 DEAN FOODS CO. OF CALIF. INC(MILK PLANT) 1,418 130,241 130,241 161,212 161,212 2-1-049 FULLERTON CUL TU RED SPECIAL TIES 959 129,346 129,346 160,251 160,261 3-1-075 VAN LAW FOOD PRODUCTS, INC. 554 119,873 119,873 146,542 146,542 2-1-283 NOR-CAL BEVERAGE CO. INC. (TETRA) 115,914 115,914 144,115 144,115 1-1-278 CHROMA SYSTEMS PARTNERS 1,252 106,458 106,458 139,159 139,169 52-2-742 DISNEYLAND RESORT -OCA 810 100,923 100,923 127,283 127,283 3-1-102 DAE SHIN USA, INC. 1,180 97,239 97,239 125,366 125,365 3-1-033 SABA TEXTILES INC. 1,009 95,662 95,662 123,406 123,405 3-1-330 SEVEN-UP BOTTLING COMPANY 766 92,671 92,671 115,942 115,942 7-1-054 B. BRAUN MEDICAL INC. 16,072 84,765 84,765 115,657 115,667 3-1-092 Y2K TEXTILE CO., INC. 1,996 84,757 84,757 110,013 110,013 2-1-045 SUNCOR BRANDS INC. A PROCTER & GAMBLE CO 6,122 82,688 82,688 103,196 103,196 57-1-292 JAZZ. SEMICONDUCTOR 43,092 77,472 77,472 107,921 107,921 3-1-067 AMERIPEC INC. 584 73,892 73,892 92,205 92,205 11-2-022 BOEING COMPANY (GENERAL FAC) 5,970 69,319 69,319 86,408 86,408 2-2-068 UCI MEDICAL CENTER 67,363 67,363 84,957 84,957 3-1-322 EXPO DYEING ANO FINISHING INC. 656 66,994 66,994 87,508 87,508 1-1-075 IRWDOATS 60,089 60,089 84,163 84,163 2-2-067 ST. JOSEPH HOSPITAL 218 66,431 56,431 71,170 71,170 2-2-067 CALIF STATE UNIV@ FULLERTON 54,733 64,733 71,722 71,722 6-2-001 FAIRVIEW STATE HOSPITAL 63,747 63,747 87,226 67,226 2-2-064 ANGELICA TEXTILE 268 62,902 62,902 69,079 69,079 3-1-083 DEAN FOODS CO. OF CALIF. INC.(ICE CREAM) 615 62,006 62,006 63,984 63,984 6-1-110 WEST NEWPORT OIL COMPANY 0 49,087 49,087 62,609 62,609 3-1-295 PEPSI-COLA BOTTLING GROUP 3,837 46,280 46,280 57,846 57,846 2-1-674 STEPAN COMPANY 2,670 42,356 42,356 52,723 52,723 1-2-018 UWMC HOSPITAL CORPORATION 8,038 40,181 40,181 50,675 50,675 2-2-367 GRANDE TORTILLA INC. 205 39,852 39,852 48,729 48,729 2-1-575 PRECISION ANODIZING AND PLATING INC. 308 39,400 39,400 48,749 48,749 2-1-656 STEINER CORP. OBA AMERICAN LINEN SUPPLY 39,148 39,148 49,034 49,034 6-2-003 HOAG MEMORIAL HOSPITAL PRESBYTERIAN 38,330 38,330 48,341 48,341 2-2-061 ANAHEIM MEMORIAL MEDICAL CENTER 35,565 35,565 44,854 44,854 7-1-056 TODDS ENTERPRISES 424 35,058 35,058 43,179 43,179 7-1-024 MARUCHAN, INC. 890 34,262 34,262 42,855 42,855 1-2-139 EL METATE FOODS, INC. 317 29,924 29,924 36,663 36,663 3-2-085 SUNCLIPSE, INC. OBA CORRU KRAFT II 2,347 29,052 29,052 35,745 35,745 7-1-013 CITY OF TUSTIN WATER SERVICE (1nH ST.) 27,700 27,700 38,807 38,807 2-2-654 SIOUX HONEY ASSOCIATION CO-OP 890 27,688 27,688 34,333 34,333 1-2-008 GOGLANIAN BAKERIES 790 27,509 27,509 33,754 33,764 3-1-068 KU A TEXTILES INC. 650 27,135 27,135 34,406 34,406 7-1-172 GEMINI INDUSTRIES INC. 97 26,425 26,425 31,675 31,575 2-2-694 DON MIGUEL MEXICAN FOODS INC. 303 25,543 25,543 31,810 31,910 1-1-210 ITI CANNON, A DIVISION OF ITT INDUSTRIES 14,959 14,229 14,959 731 18,929 18,929 2-1-246 DYNAMIC DETAILS INC. 28 23,861 23,861 31,430 31,430 3-1-050 CLEUGH'S RHUBARB COMPANY 216 22,539 22,539 28,186 28,186 3-1-029 RALPHS GROCERY COMPANY (BAKERY) 2,715 22,534 22,534 28,004 28,004 1-2-156 EL TORO MEAT SHOP 128 22,357 22,357 27,590 27,590 2-1-715 WORLD CITRUS WEST 1,811 20,272 20,272 25,222 25,222 3-1-270 JOINT FORCES TRAINING BASE.LOS ALAMITOS 19,408 19,408 24,885 24,885 3-1-065 JOHN A THOMAS 17,979 17,979 22,723 22,723 3-2-016 WEST ANAHEIM MEDICAL CENTER 1,968 17,880 17,880 22,550 22,550 Page 1 of 8 H:\dept\fin\210\CRANE\FAHR\FAHR2004\JUL Y'Attachment_2_2002-03 recon and rates for FAHR.>da 6/29/2004 2002-03 Permit Users Impact of Rate Change For Property Taxes Estimated Calculated Total ·Exceas· Calculated Total Payment "Ex=sa. OCSD60% Permit User Payment Property Permit User lnduding Property :er: Permit User Name Share of Fee Including Taxes Fee Property Taxes Taxes um r Property 2002-03 Property Above NO TAX Above Tax Taxes Use Charge REDUCTION Use Charge 1-1-016 ORANGE COUNTY REGISTER 8,584 17,278 17,278 21,799 21,799 7-1-067 EDWARD LIFESCIENCES LLC 2,810 17,072 17,072 22,086 22,086 2-1-081 FAIRCHILD FASTENERS 833 17,009 17,009 22,001 22,001 7-1-047 UNION INCORPORATED 16,902 16,902 21,523 21,523 7-1-021 LOS ANGELES TIMES COMMUNICATIONS LLC 8,296 15,874 15,874 20,056 20,056 7-1-175 PACKARD-HUGHES INTERCONNECT SYSTEMS 994 15,050 15,050 20,379 20,379 2-1-073 CITY OF ANAHEIM -WATER SERVICES 14,962 14,962 18,055 18,055 3-1-026 KC A ELECTRONICS INC. 3,217 14,900 14,900 20,187 20,187 2-2-088 TAC WEST, INC. 14,373 14,373 18,208 18,208 3-1-315 PILKINGTON AEROSPACE 2,361 14,296 14,296 18,158 18,158 2-2-565 PLACENTIA LINDA COMMUNITY HOSPITAL 2,855 14,210 14,210 17,922 17,922 1-1-235 MICRO SEMI CORP. 1,892 13,985 13,985 18,620 18,620 2-2-066 ST. JUDE MEDICAL CENTER 13,608 13,608 17,162 17,162 2-2-239 CHILDREN'S HOSPITAL OF ORANGE COUNTY 13,493 13,493 17,017 17,017 52-1-746 HARRYS DYE & WASH INC 182 13,453 13,453 17,489 17,489 3-2-265 LOS ALAMITOS GENERAL HOSPITAL 3,871 13,122 13,122 16,550 16,550 2-2-434 LA PALMA INTERCOMMUNITY HOSPITAL 1,095 13, 111 13,111 16,536 16,536 2-1-470 WEYERHAEUSER COMPANY 7,751 10,559 10,559 13,324 13,324 2-1-393 DANONE WATERS OF N. A -SANTA ANA 12,349 12,349 16,881 16,881 3-2-060 GERARD TILE 690 11,819 11,819 14,287 14,287 2-2-016 BRIDGFORD FOODS CORPORATION 766 11,436 11,436 14,379 14,379 2-2-229 U.W.M.C. HOSPITAL CORPORATION 3,883 11,329 11,329 14,288 14,288 3-2-229 COLUMBIA HUNTINGTON BEACH HOSPITAL 906 11,261 11,261 14,202 14,202 2-2-083 HEALTH CARE APPAREL SERVICES 442 11, 130 11,130 14,374 14,374 51-1-366 TTM TECHNOLOGIES #1 162 11,108 11,108 14,468 14,468 3-1-140 BECKMAN COULTER, INC. 6,432 10,272 10,272 13,211 13,211 2-1-530 ORANGE COUNTY METAL PROCESSING 60 10,343 10,343 13,462 13,462 2-1-041 IDEAL ANODIZING INC. 264 10,337 10,337 12,775 12,775 11-1-013 NUEVO ENERGY CO (HB) 193 9,809 9,809 12,465 12,465 2-1-395 IDEAL UNIFORM RENTAL SERVICE 9,556 9,556 11,929 11,929 2-1-446 MARCEL ELECTRONICS INT. 162 9,487 9,487 12,696 12,696 52-2-745 WASTE MANAGEMENT OF OC TRANSFER 393 9,377 9,377 11,694 11,694 3-1-084 TREND OFFSET PRINTING SERVICES INC. 9,185 9,185 11,585 11,585 3-1-091 LINFINITY MICROELECTRONICS INC. 3,241 9,006 9,006 12,376 12,376 2-1-138 FROZSUN FOODS, INC. 163 8,743 8,743 11,089 11,099 3-2-234 ULTRA WHEEL COMPANY 1,212 8,503 8,503 11,166 11,166 3-2-010 ANAHEIM GENERAL HOSPITAL 1,997 8,461 8,461 10,671 10,671 2-1-618 S & S POLISHING/PLATING 11 7,620 7,620 9,875 9,875 2-2-259 CHAPMAN MEDICAL CENTER 1,253 7,611 7,611 9,599 9,599 2-1-477 MUL Tl-FINELi NE ELECTRONIX INC. 847 7,583 7,583 10,021 10,021 1-1-330 TEXTRON AEROSPACE 4,539 4,153 4,539 387 5,414 5,414 51-2-356 INTERNATIONAL FOOD SOLUTIONS, INC 712 7,557 7,557 9,437 9,437 3-1-036 PRIMATEX INDUSTRIES OF CA INC 335 7,557 7,557 9,804 9,804 2-1-341 A PW ENCLOSURE SYSTEMS LLC SOUTH 4,473 1,258 4,473 3,215 1,662 4,473 2,811 6-1-004 I C N PHARMACEUTICALS INC. 2,585 7,286 7,286 9,837 9,837 7-1-235 PRUDENTIAL OVERALL SUPPLY 215 7,191 7,191 9,049 9,049 7-1-051 MEDTRONIC HEART VALVES, INC. 527 7,031 7,031 8,933 8,933 2-1-069 HARTE-HANKS SHOPPERS 1,330 6,843 6,843 8,611 8,611 3-1-070 COOPER AND BRAIN INC. 4 6,788 6,788 9,100 9,100 7-1-009 JEFFERSON SMURFIT CORPORATION (U.S.) 2,349 6,647 6,647 8,359 8,359 2-1-399 INTEC PRODUCTS INC. 219 6,602 6,602 8,052 8,052 3-1-137 ARROWHEAD PRODUCTS CORPORATION 2,682 6,473 6,473 8,384 8,384 7-2-009 TUSTIN HOSPITAL ANO MEDICAL CENTER 6,352 6,352 8,010 8,010 3-1-200 GEORGIA PACIFIC CORPORATION 3,808 5,467 5,467 6,843 6,843 2-1-559 PRO-TECH 6,341 6,341 8,637 8,537 3-2-061 VENCOR INC OBA VENCOR HOSP-ORANGE COUNTY 1,284 6,284 6,284 7,925 7,926 3-1-035 WINONICS (BREA) 603 6,262 6,262 8,475 8,476 2-1-260 P CA METAL FINISHING, INC. 99 6,232 6,232 8,430 8,430 1-1-024 BURROWS IND. OBA MINUTEMAN PUMPING 177 6,215 6,215 7,771 7,771 3-1-043 GOODWIN COMPANY 142 6,122 6,122 7,632 7,632 2-1-426 KIRKHILL RUBBER CO (SOUTH) 828 5,998 5,998 7,695 7,695 1-1-051 CULLIGAN WATER CONDITIONING 5,875 5,875 7,982 7,982 Page2 of8 H:\dept\fin\21 O\CRANE\FAHR\FAHR2004\JUL Y\Attachment_2_2002-03 recon and rates for FAHR.lda ; 6129/2004 2002-03 Permit Users Impact of Rate Change For Property Taxes Estimatad C&lculated Total "Excess• Calculated Total Payment "Exce8&" OCSD60% PermltUaer Payment Property Permit User Including Property Permit • Share of Fee Including Taxea Fee Property Taxes Taxes Number Permit User Name Property 2002-03 Property Above NO TAX Above Tax Taxes Use Charge REDUCTION Use Charge 7-1-268 CITY OF TUSTIN, WATER SERVICE (MAIN ST.) 6,855 6,855 8,142 8,142 2-1-319 PAYTON TECHNOLOGY CORP 6,848 6,848 7,826 7,826 53-2-371 NAVAL WEAPONS STN SEAL BCH CD 043 6,617 5,617 7,084 7,084 2-1-279 KODAK PROCESSING LABS 143 6,464 6,464 7,198 7,198 52-1-747 DRS TECHNOLOGIES INC 1,093 6,397 5,397 7,247 7,247 2-1-392 DANONE WATERS OF N. A. -ANAHEIM 656 6,361 6,361 7,476 7,476 7-1-033 ENTHONE INC. 211 6,314 5,314 6,650 6,650 2-2-319 SUNCLIPSE, INC. (CORRUGATOR PLANT) 1,032 6,293 6,293 6,500 6,600 2-2-219 BREA COMMUNITY HOSPITAL 3,175 3,733 3,733 4,708 4,708 1-1-023 UNIVERSAL CIRCUITS INCORPORATED 647 5,256 6,256 7,119 7,119 2-1-735 WINONICS, INC. 69 6,165 5,165 7,139 7,139 2-1-133 CIRTECH INC. 160 5,125 6,125 6,577 6,577 6-1-115 HIXSON METAL FINISHING 41 6,122 5,122 7,055 7,055 2-1-067 ARTISTIC PLATING & METAL FINISHING INC. 260 5,085 5,085 6,782 6,782 2-1-079 HAWK INDUSTRIAL UNIFORM 114 6,048 6,048 6,445 6,445 1-1-025 EMBEE INC. #2 25 4,936 4,936 6,708 6,708 1-1-310 S PS TECHNOLOGIES 2,964 2,386 2,964 668 3,103 3,103 2-2-693 S.B. THOMAS INC. 742 4,890 4,890 6,089 6,089 57-1-295 ASTECH ENGINEERED PRODUCTS 118 4,817 4,817 6,600 6,600 1-1-262 PIONEER CIRCUITS 315 4,768 4,768 6,320 6,320 3-1-089 DELPHI AUTOMOTIVE SYSTEMS 2,234 4,663 4,663 6,067 6,067 2-2-222 WEST AMERICAN RUBBER COMPANY INC. 1,163 4,600 4,600 5,831 5,831 3-1-034 SHEPARD BROTHERS INC. 316 4,453 4,453 5,512 5,512 3-1-114 WESTERN YARN DYING 248 4,437 4,437 5,786 5,786 11-1-021 BRINDLE/THOMAS OIL COMPANY 69 4,425 4,425 5,570 5,570 7-2-006 SUNSET ENVIRONMENTAL, INC. #2 164 4,327 4,327 5,296 5,296 2-2-073 NELCO PRODUCTS, INC. 283 4,319 4,319 5,667 5,667 51-1-359 TTM TECHNOLOGIES, INC 642 4,298 4,298 5,577 5,577 57-1-297 RAYNE DEALERSHIP CORP 4,241 4,241 5,798 5,798 3-1-105 AIR INDUSTRIES CORP.-KNOTT 1,856 4,188 4,188 5,281 5,281 3-1-060 CARGILL INC. 1,107 4,172 4,172 5,405 5,405 1-1-068 FABRICATION CONCEPTS CORPORATION na 4,140 4,140 5,302 5,302 11-1-089 CAL-AURUM INDUSTRIES INC. 226 3,980 3,980 5,531 5,531 3-1-021 CATALINA CYLINDERS A DIV. OF APP 638 3,916 3,916 5,112 5,112 2-1-365 JOHNSON CONTROLS BATTERY INC. 2,174 3,887 3,887 5,182 5,182 1-1-136 ALPHANETICS INC. 102 3,878 3,878 5,221 5,221 7-1-162 ELECTROLURGY INC. 67 3,822 3,822 5,124 5,124 2-1-080 CEROMET INC. 311 3,813 3,813 4,795 4,795 11-2-092 CAMBRO MANUFACTURING 934 3,808 3,808 4,803 4,803 2-2-199 Y K K (U.S.A) INC. 2,284 2,230 2,284 64 3,012 3,012 1-1-046 MARKLAND MANUFACTURING, INC. 487 3,751 3,751 5,038 5,038 52-1-755 PRIVATE LABEL LABORATORIES 413 3,721 3,721 4,600 4,600 2-1-664 STATEK CORPORATION 290 3,600 3,600 4,632 4,632 2-1-520 OMNI METAL FINISHING, INC. 130 3,558 3,558 4,847 4,847 6-1-144 VELIE CIRCUITS INC. 88 3,556 3,555 4,780 4,780 52-1-748 CALIF CONSOLIDATED WATER PURIFICATION 249 3,526 3,526 4,410 4,410 2-1-105 DUCOMMUN AEROSTRUCTURES 2,083 2,044 2,083 38 2,646 2,646 2-1-153 MICROMETALS INC. #2 792 3,418 3,418 4,438 4,438 3-1-171 CROCKETT CONTAINER CORP. 676 3,411 3,411 4,250 4,250 3-1-093 GRAPHIC PACKAGING CORP. 2,043 1,020 2,043 1,023 1,287 2,043 756 1-1-049 LAM LIGHTING INC. 2,040 701 2,040 1,339 884 2,040 1,156 2-1-714 MONOGRAM SYSTEMS 1,979 3,102 3,102 3,910 3,910 3-1-011 MEAD PACKAGING 1,906 2,491 2,491 3,136 3,136 2-1-706 UNIVERSAL ALLOY CORP. 855 3,161 3,161 4,147 4,147 53-1-391 MAGNETIC METALS CORP 944 3,114 3,114 3,872 3,872 2-1-253 LINCO INDUSTRIES INC. 64 3,057 3,057 3,825 3,825 2-1-653 WEIDMANN WATER CONDITIONERS, INC. 20 3,031 3,031 4,083 4,083 2-2-385 SIERRA SPRING WATER COMPANY 68 2,953 2,953 4,018 4,018 11-1-002 PRECISION RESOURCE, CALIF DIV 626 2,946 2,946 3,783 3,783 2-1-384 J & H DEBURRING INC. #2 25 2,946 2,946 3,615 3,615 7-1-035 ALUMINUM FORGE -DIV. OF ALUM. PRECISION 164 2,916 2,916 3,606 3,606 6-1-008 SANMINA CORPORATION (AIRWAY) 1,571 2,908 2,908 3,938 3,938 Page3of8 H:\dept\fin\21 O\CRANE\FAHR\FAHR2004\JUL Y\Attachment_2_2002-03 recon and rates for FAHR.llls 6/29/2004 2002-03 Permit Users Impact of Rate Change For Property Taxes Estimated Calculated Total "Excess" Calculated Total Payment "Exc:eas· OCSD60% Permit User Payment Property PermitUaer lnc:ludtng Property Permit Share of Fee Including Taxes Fee Property Taxes Taxea Number Permit User Name Property 2002-03 Property Above NO TAX Above Tax Taxes Use Charge REDUCTION Use Charge 2-1-337 ELECTRONIC PRECISION SPECIAL TIES INC. 121 2,908 2,908 3,974 3,974 2-2-320 SVG THERMCO SYSTEMS INC. 583 2,876 2,876 3,627 3,627 53-1-392 CRC RIM INC 1,590 2,766 2,766 3,633 3,633 2-1-249 AMERICAN CIRCUIT TECHNOLOGY INC. 322 2,758 2,758 3,704 3,704 11·1-012 ACCURATE METAL FABRICATORS 2,722 2,722 3,432 3,432 1-1-165 ANOMIL ENT. OBA DANCO METAL SURFACING 160 2,682 2,682 3,640 3,540 2-1-197 BOEING COMPANY -BLOG. 271 1,606 1,981 1,981 2,514 2,514 6-1-007 MESA CONSOLIDATED WATER DISTRICT 2,667 2,667 3,462 3,462 3-1-062 B I TECHNOl.OGIES, INC. 1,554 1,600 1,600 2,066 2,056 1-1-065 ANODYNE INC. 24 2,645 2,645 3,371 3,371 57-1-296 COSMOTRONIC CORP 26 2,524 2,624 3,265 3,255 2-1-on COPPER CLAD MULTILAYER PRODUCTS INC. 2,491 2,491 3,281 3,281 2-1-123 TAYLOR-DUNN MANUFACTURING COMPANY 1,464 1,264 1,464 201 1,695 1,595 1-1-027 EMBEE INC. #1 30 2,431 2,431 3,325 3,325 5-2-003 RENAL RESEARCH INSTITUTE, LLC 2,392 2,392 3,017 3,017 6-1-135 EATON CORPORATION 192 2,384 2,384 3,001 3,001 2-1-031 EXCELLO CIRCUITS MANUFACTURING CORP. 153 2,370 2,370 3,178 3,178 11-1-113 SPEEDY CIRCUITS, FACILITY #2 120 2,360 2,360 3,130 3,130 3-1-167 COASTLINE METAL FINISHING CORP. 230 2,360 2,360 3,1n 3,1n 2-1-323 CIRCUIT ACCESS 65 2,347 2,347 2,943 2,943 2-1-075 VILLA PARK ORCHARDS ASSOCIATION 474 2,321 2,321 2,896 2,896 1-1-026 EMBEE INC. #3 30 2,271 2,271 3,084 3,084 2-1-290 CONTINUOUS COATING CORPORATION 402 2,263 2,263 3,069 3,059 1-1-364 WEBER PRECISION GRAPHICS 162 2,257 2,257 2,828 2,828 7-1-069 TOYOTA RACING DEVELOPMENT 242 2,237 2,237 2,831 2,831 7-1-011 RICOH ELECTRONICS INC. 116 2,230 2,230 2,913 2,913 2-1-703 ULTRA PURE METAL FINISHING, INC. 118 2,200 2,200 2,909 2,909 2-1-226 BRISTOL INDUSTRIES 684 2,176 2,176 2,872 2,872 7-1-038 NEWPORT CORPORATION 1,303 1,807 1,807 2,279 2,279 2-1-566 PLATECORP#2, INC. 176 2,094 2,094 2,834 2,834 7-1-008 RICOH ELECTRONICS #2 795 2,090 2,090 2,626 2,626 52-2-741 METRO WATER DISTRICT OF SO CA 2,070 2,070 2,616 2,616 2-1-174 AP W ENCLOSURE SYSTEMS, LLC 468 2,029 2,029 2,611 2,611 7-1-029 REVERE TRANSDUCERS, INC. 1,184 787 1,184 397 1,020 1,184 164 7-1-063 PRINTRONIX, INC. 1,184 1,785 1,785 2,269 2,259 6-1-009 SANMINA CORPORATION (REDHILL) 1,061 1,947 1,947 2,659 2,659 6-1-006 AMETEK AEROSPACE 292 1,846 1,846 2,367 2,367 52-2-744 SMT DYNAMICS 1,796 1,796 2,273 2,273 2-1-535 ORANGE COUNTY PLATING CO., INC. 18 1,784 1,784 2,422 2,422 1-1-038 ALUMINUM PRECISION PRODUCTS INC. CENTRAL 1,783 1,783 2,260 2,260 2-1-063 CARTEL ELECTRONICS 1,n3 1,n3 2,355 2,355 2-1-213 BLACK OXIDE INDUSTRIES INC. 65 1,766 1,765 2,381 2,381 52-1-753 GENERAL CERAMICS LLC 1,748 1,748 2,246 2,246 2-1-336 ELECTRON PLATING Ill INC. 131 1,726 1,726 2,368 2,368 2·1-681 SUNCLIPSE INC. 1,032 1,425 1,425 1,791 1,791 1-1-037 CHROME TECHNOl.OGY, INC. 217 1,716 1,716 2,285 2,285 2-1-052 KIRKHILL RUBBER CO (SOUTH) 1,026 1,026 1,026 1,026 1,026 3-1-010 BAZZ HOUSTON CO. 343 1,703 1,703 2,236 2,236 7-1-050 PRIME TECHNOl.OGIES, INC. 245 1,689 1,689 2,176 2,176 2-1-048 CALIFORNIA CUSTOM SHAPES, INC. 168 1,683 1,683 2,149 2,149 3-1-110 ALL METALS PROCESSING OF 0.C. INC. 290 1,676 1,676 2,189 2,189 3-1-120 LINDBERG HEAT TREATING CO.-ALUMATHERM 706 1,676 1,676 2,250 2,250 1-1-069 SOUTH COAST CIRCUITS #3 63 1,666 1,666 2,218 2,218 7-2-217 0 CB REPROGRAPHICS 106 1,664 1,664 2,099 2,099 3-2-325 WATERMAN 9 1,661 1,661 2,319 2,319 2-1-289 CREST COATING INC. 272 1,651 1,651 2,094 2,094 7-1-055 INTEGRATED AEROSPACE, INC. 1,637 1,637 2,066 2,066 3-1-107 HANSON·LORAN CO., INC. 276 1,622 1,622 2,052 2,052 3-2-348 TRIM-LOK/ R.T.P. 959 1,610 1,610 2,160 2,160 2-1-150 ANAHEIM PLATING & POl.ISHING INC. 96 1,588 1,588 2,125 2,126 3-1·090 BEARING INSPECTION INC. 946 896 946 50 1,130 1,130 2-1-236 FOAMEXL.P. 1,569 1,569 1,981 1,981 Page4 of8 H:\depl\fin\21 O\CRANE\FAHR\FAHR2004\JUL Y\Attachment_2_2002·03 recon and rates for FAHR.>da ;-6129/2004 2002-03 Permit Users Impact of Rate Change For Property Taxes Ea ti mated Calculated Total "Excaas" Calculated Total Payment "Excess" OCSD60% Permit User Payment Property Permit User lnduding Property Permit Permit user Name Share of Fee Including TllXml Fee Property Taxes Taxea Number Property 2002-03 Property Above NO TAX Above Tax Taxes Use Charge REDUCTION Use Charge 2-1-199 CLASSIC PLATING INC. 1,556 1,556 2,100 2,100 2-1-379 DATA AIRE INC. #2 923 418 923 505 529 923 394 52-1-758 ESSEX ELECTRIC INC 915 1,506 1,506 1,926 1,926 2-1-078 MILBANK WEST INC. 250 1,614 1,614 1,938 1,938 53-1-394 BOIENG COMPANY (CYPRESS) 888 1,384 1,384 1,746 1,746 2-2-251 SOUTH COAST WATER 299 1,474 1,474 1,922 1,922 1-1-138 ACCURATE CIRCUIT ENGINEERING 63 1,395 1,395 1,780 1,780 3-1-104 ARNOLD ELECTRONICS, INC. #1 22 1,386 1,386 1,902 1,902 1-1-142 DATA ELECTRONIC SERVICES INC. 75 1,381 1,381 1,845 1,845 1-1-267 GALLADE CHEMICAL INC. 178 1,348 1,348 1,741 1,741 1-1-260 PLEION CORPORATION #2 796 814 814 1,042 1,042 2-1-093 ECONOLITE CONTROL PRODUCTS INC. 353 1,313 1,313 1,670 1,670 1-1-100 ALUMINUM PRECISION PRODUCTS INC.-SUSAN 124 1,304 1,304 1,676 1,676 2-2-390 GUNTHER ATHLETIC SERVICE 22 1,304 1,304 1,720 1,720 1-1-115 ACTIVE PLATING INC. 1,295 1,295 1,749 1,749 2-1-480 MURRIETTA CIRCUITS INC. 88 1,272 1,272 1,658 1,658 2-2-370 HAMILTON MATERIALS 112 1,268 1,268 1,599 1,599 3-1-073 ALLOY DIE CASTING CO. 456 1,267 1,267 1,630 1,630 6-2-109 CITY OF NEWPORT BEACH 1,263 1,263 1,650 1,650 53-1-395 PERFORMANCE MACHINE INC 1,238 1,238 1,561 1,561 2-1-134 CYTECH ENGINEERIEO MATERIALS 1,224 1,224 1,545 1,545 2-1-381 HARTWELL CORPORATION 466 1,214 1,214 1,546 1,546 11-1-018 BOEING COMPANY (GRAHAM) 1,193 1,193 1,505 1,506 2-1-137 SERRANO WATER DISTRICT 1,193 1,193 1,459 1,459 3-2-015 SOUTHERN CALIFORNIA EDISON 1,176 1,176 1,497 1,497 7-1-034 IRVINE SENSORS CORP. 699 191 699 508 247 699 452 2-2-184 LACEY CUSTOM LINENS 40 1,162 1,162 1,458 1,458 2-1-676 PRECISION PAINTING 284 1,142 1,142 1,381 1,381 2-1-325 DUNHAM METAL PROCESSING 19 1,114 1,114 1,426 1,426 1-1-050 VERTEQ PROCESS SYSTEMS INC. 1,097 1,097 1,448 1,448 1-1-013 R B C TRANSPORT DYNAMICS CORP. 298 1,092 1,092 1,377 1,377 11-1-132 TIODIZE COMPANY, INC. 96 1,089 1,089 1,487 1,487 3-1-152 CANNON EQUIPMENT WEST INC. 437 1,082 1,082 1,379 1,379 3-1-236 HYATT DIE CASTING & ENGINEERING CORP. 630 572 630 67 722 722 11-1-015 CITY OF HUNTINGTON BEACH FIRE DEPARTMENT 1,041 1,041 1,399 1,399 7-1-279 SEMICOA SEMICONDUCTORS 137 1,009 1,009 1,329 1,329 2-1-428 KRYLER CORPORATION 998 998 1,383 1,383 2-1-252 ALL METAL PAINT STRIPPING INC. #2 698 68 598 530 85 598 513 11-2-024 GARG-OIL PRODUCTION LLC 139 989 989 1,390 1,390 67-1-294 FMH INVESTOR GROUP 370 984 984 1,270 1,270 2-1-413 QUALITY ALUMINUM FORGE ti 2 77 977 977 1,244 1,244 51-1-368 BRASSTECH, INC 974 974 1,228 1,228 2-1-062 CADILLAC PLATING 137 973 973 1,311 1,311 2-1-185 HIGHTOWER PLATING & MANUFACTURING CO. 473 971 971 1,309 1,309 2-1-402 JELLCO CONTAINER INC. 676 731 731 919 919 2-1-359 KC A ELECTRONICS, INC. 619 959 959 1,263 1,263 2-1-168 ANAHEIM EXTRUSION CO. INC. 669 501 589 68 632 632 3-1-311 SCIENTIFIC SPRAY FINISHES, INC. 25 944 944 1,234 1,234 53-1-393 CARAN PRECISION ENGINEERING 656 736 735 927 927 2-2-248 SCISOREK & SON FLAVORS, INC. 375 909 909 1,160 1,160 2-1-169 TAORMINA INDUSTRIES INC. #14 524 906 906 1,154 1,154 2-1-389 ADVANCE TECH PLATING INC. #2 126 904 904 1,183 1,183 1-1-275 REID METAL FINISHING 134 896 896 1,191 1,191 7-1-037 AVIATION EQUIPMENT STRUCTURES, INC. 535 292 535 243 369 535 166 2-1-672 STAINLESS MICRO-POLISH INC. 93 887 887 1,203 1,203 1-1-042 L & N UNIFORM SUPPLY COMPANY,INC.(CLEAN) 874 874 1,099 1,099 2-2-096 ANAHEIM TRUCK DEPOT #2 BIN WASH 524 656 656 828 828 2-1-111 ALLIED PACIFIC METAL STAMPING 476 869 869 1,096 1,096 2-1-121 FINELINE CIRCUITS & TECHNOLOGY INC. 118 861 861 1,112 1,112 2-1-424 KINSBURSKY BROTHERS SUPPLY INC. 71 856 856 1,116 1,116 3-1-013 AIR INDUSTRIES CORP. (CHAPMAN) 508 618 618 779 779 2-1-427 H. KOCH & SONS COMPANY 492 172 492 320 226 492 266 Page 5of8 H:\dept\fin\21 O\CRANE\FAHR\FAHR2004\JUL Y\Attachment_2_2002-03 recon and rates for FAHR.xla 6129/2004 2002-03 Permit Users Impact of Rate Change For Property Taxes Estimated Calculated Total "Excess" ca1cu1ated Total Payment "Exceas" OCSD60% Permit User Payment Property Permit User Including Property Permit Share of Fee Including Taxes Fee Property Taxes Taxes Number Permit Uaer Name Property 2002-03 Property Above NO TAX Above Tax Taxes Use Charge REDUCTION Use Charge 2-1-505 NEVILLE CHEMICAL COMPANY 0 812 812 -1,091 1,091 1-1-133 ALMATRON ELECTRONICS, INC. 107 810 810 -1,on 1,on 1-1-054 SOUTH COAST CIRCUITS #2 -800 800 -1,047 1,047 2-1-092 ELECTRORACK PRODUCTS CO. INC. 471 672 572 -724 724 52-1-751 UOP LLC -768 768 -1,032 1,032 1-1-070 ORANGE CONTAINER, INC. -766 766 -958 958 2-1-383 NU-TEC POWDER COATING 196 764 764 -960 960 1-2-016 PACIFIC QUARTZ, INC. 66 764 764 -971 971 2-1-102 AMERIMAX BUILDING PRODUCTS INC. 266 763 763 -997 997 51-1-365 SOUTH COAST CIRCUITS #4 72 760 760 -1,044 1,044 3-1-012 TAYCO ENGINEERING, INC. -766 756 -953 953 2-1-094 NOLLAC OIL COMPANY 12 738 738 -997 997 1-1-062 ELECTROSERVICES 2000 INC. 174 730 730 -1,002 1,002 2-1-090 SUPERIOR PLATING -680 680 -931 931 3-1-106 FULLERTON PLATING 398 109 398 289 147 398 251 3-1-027 I PC CAL FLEX INC. 123 651 651 -842 842 11-1-017 HB OIL OPERATIONS TRUST 22 651 651 -847 847 57-1-293 NEWPORT PRECISION OPTICS -636 636 -806 806 2-1-064 SECHRIST INDUSTRIES, INC. -633 633 -793 793 51-1-363 WHEEL SERVICES GROUP, INC -632 632 -849 849 2-1-286 HARBOR TRUCK BODIES INC. 378 493 493 -624 624 3-1-260 LA HABRA PLATING CO. INC. 15 626 626 -874 874 2-1-297 CUSTOM ENAMELERS INC. 143 624 624 -820 820 7-2-003 SUNSET ENVIRONMENTAL, INC. #1 246 623 623 -786 786 2-1-282 THERMAL-VAC TECHNOLOGY -620 620 -810 810 1-1-044 SOUTH BAY CHROME SALES/CHROME EFFECTS 126 617 617 -823 823 1-1-030 SOUTH COAST CIRCUITS, INC. 79 617 617 -831 831 2-1-433 LEACH INTERNATIONAL 156 607 607 -823 823 2-1-176 PLEGEL OIL COMPANY (BLATTNER-AH.A.) 168 603 603 -838 838 2-1-501 SANMINA CORPORATION 116 601 601 -796 796 3-1-042 GENERAL CONTAINER CORPORATION 349 407 407 -516 516 53-1-396 WEYERHAEUSER COMPANY #2 -566 566 -714 714 2-1-172 GEORGE A JONES, IMPERIAL #2 WELL 29 555 555 -757 757 2-1-619 S FP P, L.P. 32 546 546 -690 690 3-2-124 GARDNER LITHOGRAPH, INC. 327 372 372 -473 473 11-2-134 CAPRO OIL COMPANY 22 542 542 -761 761 2-1-276 RT I ELECTRONICS, INC. 8 533 533 -673 673 11-2-005 SOUTH COAST OIL CORPORATION 182 506 506 -711 711 1-1-065 SELECT CIRCUITS 278 498 498 -652 652 3-1-341 SOLDERMASK, INC. 132 481 481 -601 601 1-1-283 MASK TECHNOLOGY INC. 126 470 470 -625 625 2-1-596 QUALITY ALUMINUM FORGE 175 461 461 -608 608 2-1-318 BRIGHT ARMOUR PLATING 78 453 453 -619 619 7-1-058 CITY OF TUSTIN -MAINTENANCE YARD -448 448 -566 566 2-1-702 UNITED CIRCUIT TECHNOLOGY INC. 67 448 448 -587 587 2-1-563 PICOFARAD INC. 62 426 426 -546 546 52-1-754 RTR INDUSTRIES 46 423 423 -634 534 52-1-749 MILLENNIUM CIRCUITS SERVICES CORP -423 423 -646 546 51-1-367 SANTAANA PLATING (CNK CAPITAL) 44 422 422 -633 533 2-1-243 0 & S CUSTOM PLATING INC. 42 416 416 -553 553 2-1-203 AERA ENERGY LLC 12 246 87 246 158 110 246 135 7-1-141 CHEEK ENGINEERING & STAMPING 244 236 244 e 307 307 2-1-192 ARO SERVICE 243 265 265 -337 337 57-1-291 TOYOTA RACING DEVELOPMENT #2 242 405 405 -512 512 2-1-022 DITTY DRUM COMPANY, INC. 27 402 402 -640 540 1-1-011 MARGARETIS TEXTILE SERVICE 233 386 386 -487 487 1-1-118 BA F INDUSTRIES 231 327 327 -419 419 1-1-064 E FT FAST QUALITY SERVICE, INC. 88 362 362 -490 490 11-1-024 CEMPI INDUSTRIES INC. 175 361 361 -466 466 2-1-202 TRANSLINE TECHNOLOGY INC. 213 170 213 43 227 227 52-1-752 CD VIDEO INC -354 354 -465 465 1-2-021 MARK OPTICS INC. 66 354 354 -448 448 Page6 of8 H:\dept\fin\21 O\CRANE\FAHR\FAHR2004\JUL Y\Atlachment_2_2002-03 recon and rates for FAHR.lda 6/29/2004 2002-03 Permit Users Impact of Rate Change For Property Taxes Estimated Calculated Total "Exceas• Calculated Total Payment "Excess" OCS060% Permit User Payment Property PermltUaer lnc:luding Property Permit . Share of Fee lnc:luding Taxes Fee Property Taxes Taxea Number Permit User Name Property 2002-03 Property Above NO TAX Above Tax Taxes Uae Charge REDUCTION Use Charge 52-1-757 LINVATEC CORPORATION 38 349 349 441 441 1-1-284 OLYMPIC POWDER COATINGS INC. 108 349 349 451 451 3-1-094 BASIC ELECTRONICS, INC. 201 2n 2n 350 350 1-1-072 CAL-TRONICS CIRCUIT INC. -SANTAANA 333 333 439 439 7-1-020 ALLTEK CIRCUIT INC. 328 328 448 448 2-1-187 RIGIFLEX TECHNOLOGY INC. 87 322 322 426 426 11-1-001 MILLETT INDUSTRIES 322 322 408 408 52-1-756 IKON POWDER COATING 304 304 390 390 11-1-007 M.S. BELLOWS 52 302 302 378 378 2-1-016 SANTANA SERVICES 15 300 300 383 383 52-1-759 AQUARIAN COATINGS CORP 21 300 300 378 378 51-1-361 GORILLAS POLISHING AND PLATING 150 299 299 400 400 2-1-401 INDEPENDENT FORGE 175 292 292 371 371 1-1-074 LAM-PLATE TECH INC. 118 291 291 393 393 3-1-049 LOG! GRAPHICS, INC. 144 290 290 391 391 2-1-061 MORAVEK BIOCHEMICALS INC. 3 285 285 381 381 6-1-002 CRITERION MACHINE WORKS 140 283 283 369 359 2-1-015 PACIFIC UTILITY PRODUCTS INC. 169 2n 2n 367 367 3-1-062 DERM COSMETICS LAB'S INC. 169 260 260 325 326 3-1-056 A & G ELECTROPOLISH 167 214 214 290 290 2-1-272 CIRCUIT TECH INC. 115 269 269 348 348 1-1-008 PRECISION CIRCUITS WEST INC. 268 268 361 351 2-1-581 PRECON, INC. 34 257 257 326 326 1-1-265 PRECIOUS METALS PLATING 93 255 255 342 342 1-1-036 ALLOY TECH ELECTROPOLISHING INC. 152 199 199 267 267 2-1-171 KENLEN SPECIALITIES INC. 126 253 253 337 337 2-1-673 STRIP CLEAN COMPANY 14 252 252 338 338 11-1-129 SPEEDY CIRCUITS, DIV OF PJC 247 247 312 312 52-1-750 A&A DEBURRING AND TUMBLING 243 243 310 310 1-1-066 AQUA-CON COMPANY 60 238 238 321 321 11-1-124 ROCK INDUSTRIES, INC. 97 231 231 301 301 1-1-2n PRECISION POWDERCOATING INC. 138 88 138 so 115 138 22 1-2-013 MEDEVA PHARMACEUTICALS CA, INC. 131 205 205 268 258 2-1-403 SUPERIOR PROCESSING 128 203 203 2n 2n 2-1-189 CENTRAL POWDER COATING 211 211 272 272 2-1-314 PERFORMANCE POWDER, INC. 204 204 264 264 5-1-008 BASIN MARINE INC. 18 203 203 265 265 52-2-743 BRIDGEMARK CORP-DOWLING #2 202 202 284 284 2-1-088 A & R POWDER COATING INC. 195 195 261 261 2-1-237 UNITED CUSTOM POLISHING & PLATING 49 187 187 248 248 2-1-201 BURLINGTON ENGINEERING INC. 61 184 184 237 237 2-1-572 POWDERCOAT SERVICES INC. #1 25 183 183 238 238 3-1-186 PURE-CHEM PRODUCTS COMPANY INC. 70 180 180 228 228 3-2-205 S & C OIL CORPORATION 106 106 106 106 106 2-1-152 ADVANCE TECH PLATING INC. 168 168 226 226 2-1-229 DETAILS INC #3, OBA DYNAMIC DETAILS INC. 100 92 100 8 116 116 1-1-073 X Z X ELECTRONICS 97 121 121 156 156 11-2-025 PIER OIL COMPANY 35 157 157 221 221 1-1-032 VICTORY CIRCUITS INC. 157 157 200 200 2-1-070 PACIFIC IMAGE TECHNOLOGY, INC. 151 151 206 206 2-1-158 ELECTRO METAL FINISHING CORPORATION 91 145 145 183 183 2-1-166 VEECO ELECTRO FAB INC. #2 89 67 89 22 92 92 7-1-158 DYE TECHNIQUE INC. 26 144 144 181 181 2-1-343 ENGRAVERS INK CO 85 89 89 112 112 2-1-033 S M T DYNAMICS LLC 139 139 182 182 1-1-071 AUTO-CHLOR SYSTEM OF WASHINGTON, INC. 62 130 130 162 162 2-1-673 POWDERCOAT SERVICES INC. #2 25 125 125 157 157 3-2-181 O'DONNELL OIL COMPANY 65 10 65 55 12 65 53 2-2-093 OLIVE OIL CO. 65 66 66 87 87 51-1-362 A&K DEBURRING AND TUMBLING 108 108 137 137 2-1-074 POWDERCOAT SERVICES INC. #4 104 104 137 137 6-1-138 RAILMAKERS, INC. 51 104 104 131 131 Page 7of8 H:\dept\fin\210\CRANE\FAHR\FAHR2004\JULY\Attachment_2_2002-03 recon and rates for FAHR.xls 612912004 2002-03 Permit Users Impact of Rate Change For Property Taxes Estimimd Calculated Total ·Excess· Calculated Total Payment ·Excess· OCSD60% Permit User Payment Property Permit User lndudlng Property :erm~ Permit User Name Share of Fee lnduding Taxes Fee Property Taxes Taxes um r Property 2002-03 Property Above NO TAX Above Tax Taxes Use Charge REDUCTION Use Charge 2-1-281 M TS MICROELECTRONICS INC. 99 99 125 125 2-1-569 POWOERCOAT SERVICES INC. #3 97 97 124 124 3-1-017 EXQUISITE DESIGNS INC. 93 93 129 129 2-1-346 ACROBURR INC. #2 55 93 93 122 122 7-1-040 WINTEC, LLC 90 90 114 114 7-1-018 WESCO SERVICES 84 84 107 107 11-2-259 PETROPRIZE 7 81 81 114 114 52-1-761 DATA SOLDER INC 69 69 87 87 2-1-352 GOMTECH ELECTRONICS 27 62 62 83 83 2-1-082 TECHPLATE ENGINEERING CO. INC. 62 62 78 78 2-2-029 COLUMBINE ASSOCIATES 12 52 52 72 72 2-2-731 SHERWIN D. YOELIN 6 so so 68 68 11-2-295 WILLIAM J. SCOTT 28 28 28 28 28 53-2-372 DR SMOOTHIE ENTERPRISES 44 44 56 56 3-2-236 BRINDLE/THOMAS 41 41 58 58 3-1-058 STAR POWDER COATING 9 35 35 44 44 11-2-265 WILVIAN JEWELL RENNER 17 1 17 16 1 17 16 1-1-047 HI-TECH STENCILS 27 27 34 34 2-1-421 REMEDY ENVIRONMENTAL SERVICES 24 24 30 30 52-1-760 MIRACLE STRIPPING & PLATING, INC 23 23 30 30 52-1-763 CUSTOM POWDER COATINGS 20 20 25 25 11-2-009 SIGNALASSOCIATES 3 19 19 27 27 11-2-147 W. M. ELLIOTT 7 7 1 7 7 11-2-103 ALEXANDER OIL COMPANY 3 3 3 3 3 11-1-019 SOUTH COAST OIL COMPANY 11-2-020 SUNSET BEACH SANITARY DIST 908,290 7,014,795 7,211,333 196,538 8,901,010 8,995,795 94,785 Page 8of8 H:\dept\fin\21 O\CRANE\FAHR\FAHR2004\IUL Y\Attachment_2_2002-03 recon and rates for FAHR.xls 6129/2004 High Property Tax Paying Permit User Example of Options 03-04 Ado~ted Rates Net Requirements 2002-03 Unit Of Descr Quantitiy Measure Rates Fees Flow 354 mg 316.38 111,999 BOD 731 1,000# 216.13 157,991 SS 731 1,000# 207.53 151,704 421,694 Current Practice (taxes Permit User reconciliati property taxes paid property taxes refunded sq feet based ssf on tax =min chg) on ssf refund Total paid bill ion Tax REFUND Option Permit User reconciliat property taxes paid property taxes refunded sq feet based ssf on tax ssf refund Total paid No credit for taxes bill on Permit User reconciliati property taxes paid property taxes refunded sq feet based ssf on tax ssf refund Total paid bill 932,000 48,000 (48,000) 932.000 932,000 (510,306) 48,000 (48,000) 421,694 Option 1 374,000 932,000 48,000 1,354,000 03-04 Rates Without Reduction for Funding From: Property Taxes COPs, Reserves Any Revenues and Prop Taxes or Reserves Rates Fees Rates Fees Rates Fees 500.35 1n,124 751.57 286,056 1,073.19 379,909 286.49 209,424 376.08 274,914 384.15 280,814 259.08 189,387 350.47 258,194 356.41 260,536 575,938 797,164 921,259 Option 2 932,000 932,000 932,000 48,000 48,000 48,000 {48,000) (48,000) (48,000) 932,000 932,000 932,000 0Dtion 3 Option 4 932,000 932,000 932,000 (356,064) (134,836) (10,741) 48,000 48,000 48,000 (48,0001 (48,000) (48,000) 575,936 797,164 921,259 527,936 749,168 873,259 932,000 932,000 932,000 48,000 48,000 48,000 1,507,936 1,729,166 1,853,259 H:\dept\fin\21 O\CRANE\FAHR\FAHR2004\JUL Y\Attachment_3_Permit User Rate for taxes.xtshigh tax example 6/29/2004 Moderate Property Tax Paying User Example of Options 03-04 Ado~ted Rates Net Requirements 2002-03 Unit Of Descr Quantitiy Measure Rates Fees Flow 16 mg 316.38 5,082 BOD 35 1,000# 216.13 7,565 SS 32 1,000# 207.53 6,641 19,268 Current Practice (taxes Permit User reconciliati property taxes paid property taxes refunde sq feet based ssf on tax =min chg) on ssf refund Total paid d bill on Tax REFUND Option Permit User reconciliati property taxes paid property taxes refunde sq feet based ssf on tax ssf refund Total paid d bill No credit to User for tax Permit User reconciliati property taxes paid property taxes refunde es on d sq feet based ssf on tax ssfrefund Total paid bill 14,308 8,516 (3,554) 19,268 14,308 0 8,516 (3,554) 19,268 Option 1 10,752 14,308 8,618 33,674 03-04 Rates Without Reduction for Funding From: Property Taxes COPs, Reserves Any Revenues and Prop Taxes or Reserves Rates Fees Rates Fees Rates Fees 500.35 8,006 751.57 12,025 1,073.19 17,171 286.49 10,027 376.08 13,163 384.15 13,445 259.08 8,291 350.47 11,215 356.41 11.405 26,323 36,403 42,021 Option 2 3,601 13,581 19,199 14,306 14,306 14,306 8,516 8,516 8,516 26,323 38,403 42,021 Option 3 Option 4 3,501 13,581 19,199 14,306 14,306 14,306 8,518 8,516 8,516 26,323 36,403 42,021 17,807 27,887 19,199 14,308 14,306 14,306 8,518 8,516 8,518 40,629 50,709 42,021 H:\dept\fin\210\CRANBFAHR\FAHR2004\JUL Y\Attachment_3_Permit User Rate for taxes.xlslow tax example 6/29/2004 Low Property Tax Paying User Example of Options 03-04 Ado~ted Rates Net Requirements 2002-03 Unit Of Des er Quantiti~ Measure Rates Fees Flow 16 mg 316.38 5,062 BOD 35 1,000# 216.13 7,565 SS 32 1,000# 207.53 6,641 19,268 Current Practice (taxes Permit User reconclliati property taxes paid property taxes refunde sq feet based ssf on tax =min chg) on ssf refund Total paid d bill on Tax REFUND Option Permit User reconciliati property taxes paid property taxes refunde sq feet based ssf on tax ssf refund Total paid d bill No credit to User for tax Permit User reconciliati property taxes paid property taxes refunded sq feet based ssf on tax es on bill ssf refund Total paid 5,752 5,000 8,516 19,268 5,752 5,000 0 8,516 19,268 0Dtion 1 10,762 5,000 8,516 24,288 03-04 Rates Without Reduction for Funding From: Property Taxes COPS, ReseNes Any Revenues Proposed and Prop Taxes orReseNes Rates Fees Rates Fees Rates Fees 500.35 8,006 751.57 12,025 1,073.19 17,171 286.49 10,027 376.08 13,163 384.15 13,445 259.08 8,291 350.47 11,215 356.41 11.405 28,323 36,403 42,021 Option 2 12,807 22,887 28,505 5,000 5,000 5,000 8,516 8,516 8,516 28,323 36,403 42,021 Option 3 Option 4 12,807 22,887 28,505 5,000 5,000 5,000 8,516 8,516 8,516 26,323 36,403 42,021 17,807 27,887 33,505 5,000 5,000 5,000 8,516 8,516 8,516 31,323 41,403 47,021 H:\dept\fin\210\CRANE\FAHR\FAHR2004\JULY\Attachment_3_Permit User Rate for taxes.xlslow tax example REDLINE OF PROPOSED CHANGES TABLEG CLASS I AND CLASS II PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE Class I and II Permit User FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 Flow(*) $316.38 $368.58 $42Q.4Q $500.25 $500.20 $564.42 $697.94 B.O.D. (**) $216.13 $248.55 $285.83 $328.71 $298.89 $337.47 $404.32 S.S. (***) $207.35 $238.45 $274.22 $315.35 $275.47 $312.18 $370.94 Domestic Equivalent $100.00 $115.00 $132.00 $153.00 SQecial PurQose Discharge Permit Flow(*) B.O.D. (**) S.S.(***) Domestic Equivalent (*) Flow (**) 8.0.D. (***)S.S. FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 $316.38 $368.58 $42Q.40 $500.25 $500.20 $564.42 $697.94 $216.13 $248.55 $285.83 $328.71 $298.89 $337.47 $404.32 $207.35 $238.45 $274.22 $315.35 $275.47 $312.18 $370.94 $100.00 $115.00 $132.00 $153.00 Per million gallons of Flow Per thousand pounds of Biochemical Oxygen Demand Per thousand pounds of Suspended Solids FY 2007-08 $582.7Q $785.31 $378.01 $455.46 $362.69 $419.61 $175.00 FY 2007-08 $582.7Q $785.31 $378.01 $455.46 $392.96 $4.19.61 $175.00 All properties located within Revenue Area No. 14 pay no annual service fees. District costs relating to providing service to these properties are billed by OCSD directly to the Irvine Ranch Water District, the local agency providing the local sewer service. ORDINANCE NO. OCSD-24 ADOPTING REVISED TABLE G RE PERMITTEE CHARGES FOR USE AND REAFFIRMING ALL OTHER CHARGES AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING SANITARY SEWER SERVICE CHARGES; ESTABLISHING CAPITAL FACILITIES CAPACITY CHARGES; ADOPTING MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL CHARGES, SOURCE CONTROL PERMITTEES AND WASTEHAULERS; AND REPEALING ORDINANCE NO. OCSD-22. WHEREAS, the Board of Directors of the Orange County Sanitation District ("District") has previously adopted Ordinance No. OCSD-22, establishing annual Sanitary Sewer Service Charges for all uses, establishing Capital Facilities Capacity Charges to be imposed when properties either newly-connect to the District's system, or expand the use of the property previously connected to the District; establishing miscellaneous industrial discharger fees, source control/non-compliance sampling fees, and wastehauler charges, which Ordinance is presently in full force and effect; and WHEREAS, for purposes of improved efficiency and effectiveness of the District's operations, it is the intent, by the adoption of this Ordinance, to re-enact the existing Ordinance that establishes sanitary sewer service charges and capital facilities fees, and to provide for increases in certain miscellaneous charges and fees. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section I. Fees and Charges Ordinance -Adopted TABLE OF CONTENTS ARTICLE I: RECITAL OF FINDINGS Section 1.01, Findings -Declaration of Intent ARTICLE II: SANITARY SEWER SERVICE CHARGES Section 2.01, Purpose and Scope Section 2.02, Annual Sanitary Sewer Service Charge 1 ARTICLE Ill: Section 2.03 A. Exemptions B. Application for Rebate C. Application for Refund D. Limitation Period E. Determination F. Administrative Fee Section 2.04, Annual Charge Based on Fiscal Year Section 2.05, Method of Collection Section 2.06, Credit for Industrial Permittees Table A Annual Sewer Service Charges for Residential Users Table B Annual Sewer Service Charges Property Use Classifications for Commercial or Industrial Users CAPITAL FACILITIES CAPACITY CHARGES Section 3.01, Purpose and Scope Section 3.02, Definitions Section 3.03, Connection Permits: Required Section 3.04, Capital Facilities Capacity Charge: Payment Section 3.05, Capital Facilities Capacity Charge: Time of Payment Section 3.06, Capital Facilities Capacity Charge: Schedule of Amounts Section 3.07, Supplemental Capital Facilities Capacity Charge: Significant Commercial -Industrial Users -Special Purpose Dischargers - Definitions Section 3.08, Supplemental Capital Facilities Capacity Charge: New Significant Commercial - Industrial Users Section 3.09, Supplemental Capital Facilities Capacity Charge: New Special Purpose Dischargers Section 3.10, Supplemental Capital Facilities Capacity Charge: Existing Significant Commercial - Industrial Users -Special Purpose Dischargers Table C Supplemental Capital Facilities Capacity Charges Section 3.11, Capital Facilities Capacity Charge: Replacement Section 3.12, Capital Facilities Capacity Charge: Remodeled Section 3.13, Payment of Capital Facilities Capacity Charge: Off-Site Sewers Not Part of Master Plan Relative to Reimbursement Agreements 2 ARTICLE IV: ARTICLEV: Section 3.14, No Refund or Transfer Section 3.15, Baseline Transferability Table D Capital Facilities Capacity Charges MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS. SOURCE CONTROL PERMITTEES AND WASTEHAULERS Section 4.01, Purpose and Scope Section 4.02, Administrative Fees and Charges Relating to Permittees Section 4.03, Industrial Discharger, Source Control, and Non-Compliance Sampling Fees Section 4.04, Special Purpose Discharge Permittees; Charges for Use Section 4.05, Class I and Class II Permittees -Charges for Use Section 4.06, Wastehauler Charges for Use Section 4.07, Administrative Appeals Table E Administrative Fees and Charges Relating To Permittees Table F Industrial Discharger, Source Control and Non-Compliance Sampling Fees Table G Class I and Class II Permittees and Special Purpose Discharge Permittees Charges For Use Table H Wastehauler Charges for Use MISCELLANEOUS Section 5.01, Application of Ordinance Section 5.02, Exceptions Section 5.03, Severability Section 5.04, Effective Date Section 5.05, Repeal Section 5.06, Certification and Publication ARTICLE I RECITAL OF FINDINGS Section 1.01. Findings -Declaration of Intent. The Board of Directors of District has previously adopted Master Plans, as more particularly described in Findings B, C, D, and E below, setting forth the financial and engineering needs of the District, and hereby adopts the following Findings supporting the amounts of charges and fees adopted pursuant to this Ordinance. 3 A. That the former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the "Predecessor Districts"), were nine individual County Sanitation Districts, organized pursuant to the County Sanitation District Act (California Health & Safety Code Section 4700 et seq.). By action of the Board of Directors of the Predecessor Districts, pursuant to specific legislation enacted by the California State Legislature in 1996, an application was submitted to the Orange County Local Agency Formation Commission to legally consolidate the nine Predecessor Districts into one single Sanitation District for all purposes. The application was approved, with an effective date of July 1, 1998. As of July 1, 1998, the Predecessor Districts ceased to exist, and one single consolidated County Sanitation District, known as the Orange County Sanitation District, came into existence in place of the Predecessor Districts. The District was formed to carry on the functions of the Predecessor Districts. B. That a comprehensive 30-year Master Plan of Capital Facilities, entitled "Collection, Treatment and Disposal Facilities Master Plan - 1989", hereinafter referred to as the "Master Plan", which includes detailed financial and engineering reports, was prepared, approved, and adopted by the Boards of Directors of the Predecessor Districts in 1989, setting forth and identifying the required future development of District Facilities, including the financial projections for providing sewer service to all properties within the individual service areas of each of the nine Predecessor Districts. C. That the financial and engineering reports of the Master Plan were made available to the public, both prior to and subsequent to the adoption of the Master Plan, and were subject to noticed public hearings, all in accordance with the provisions of the California Constitution and Government Code Section 66016, and other provisions of law. D. That the District, in 1997, as part of its maintenance and updating of its Master Plan, undertook a comprehensive evaluation and study of its operational and financial needs for the next 20 years, including a detailed assessment of all types and categories of users; the demands on the system and capacity needs of the system to provide necessary service to the multiple categories of users; the total costs of the existing and future facilities in the system; and alternate methodologies for establishing fair and equitable charges to connect to and gain access to the system. These comprehensive planning, engineering, and financial studies led to the development of an updated Comprehensive Master Plan of Capital Facilities, which was approved and adopted by OCSD Resolution No. 99-21 of the Board of Directors on October 27, 1999. E. That in support of this Ordinance and the revised charges for sewer service and/or Capital Facilities Capacity Charges as provided for on Tables A, C, D and G herein, the Board of Directors finds that the Capital Improvement Program ("CIP") Validation Study for Fiscal year 2003-04 and the 4 Secondary Treatment Peer Review, as approved by the Board of Directors, has resulted in the development of a Capital Improvement Program that provides for the implementation of secondary treatment standards, thereby improving effluent quality in a reasonably short period of time, consistent with the goals and policies of the Board of Directors, the member agencies, and the public, while also providing for the construction of necessary improvements to accommodate projected increased flows and the rehabilitation and refurbishment of existing facilities. The Board further finds that programming annual adjustments in sewer service charges over a period of years is appropriate and ensures adequate revenues to finance the improvements and programs necessary to implement secondary treatment standards, accommodate increased flows, rehabilitate and refurbish existing facilities, and retire any necessary or prudent debt incurred to finance such improvements in a reasonable manner and over a reasonable period of time. The Board of Directors also finds that such Sanitary Sewer Service Charges and Capital Facilities Capacity Charges are reasonably related to, and do not exceed the cost of providing sewer services. F. That the financial requirements of the District, as shown in reports prepared by Staff and Consultants relating to the Strategic Plan and the CIP validation studies, are based on current, reliable information and data relating to population projections, wastewater flow, and capital facilities' needs, and are expected to be realized in each year as described in the reports. G. That the revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, reconstruction, maintenance, and operation of the sewage collection, wastewater treatment and disposal facilities of the District; to repay principal and interest on debt instruments; to repay federal and state loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves; and to assist in the payment of costs to the District to provide all regulatory administration and laboratory services related to the industrial dischargers, source control permittees, and wastehauler users of the District's systems. H. That the owners or occupants of properties upon which all fees and charges established by this Ordinance are levied, discharge wastewater to the District's collection, treatment and disposal facilities. The costs of operating and maintaining said facilities have constantly increased due in part to increased regulatory requirements to upgrade the treatment process. I. That the need for upgraded and improved treatment of all wastewater collection, treatment and disposal facilities is required to protect the public health and safety, and to preserve the environment without damage. J. That the Sanitary Sewer Service Charges established and levied by this Ordinance are to allow the District to recover the reasonable costs 5 to provide a service to individual properties which have been improved for any of numerous types of uses. The basis for the respective charge is the request of the owner of property or a structure thereon, for the benefit of him/her/itself, or the occupants of the property, to receive a service based upon actual use, consumption, and disposal of water to the District's system in lieu of disposal by other means. K. That the Sanitary Sewer Service Charges established by this Ordinance are not imposed as a condition of approval of a development project, as defined in California Government Code Section 66001, and do not exceed the estimated reasonable cost to provide the sewer service for which the fee is levied, as provided in Government Code Sections 66013 and 66016 and California Constitution Article XlllD. L. That the Sanitary Sewer Service Charges adopted herein will not necessarily result in an expansion of facilities to provide for growth outside the existing service area. The adoption of these Sanitary Sewer Service Charges will not result in any specific project, nor result in a direct physical change in the environment. M. That the Sanitary Sewer Service Charges adopted herein are established upon a rational basis between the fees charged each customer and the service and facilities provided to each customer of the District, a portion of which are necessary to replace the loss of ad valorem property taxes to the State General Fund as a result of state legislative action on September 2, 1992, and in subsequent years. N. That the Board of Directors has previously, by duly adopted Ordinances, commencing in 1969, and most recently by Ordinance No. OCSD- 22, established Capital Facilities Capacity Charges, formerly known commonly as "connection charges" or "fees", to be paid by all persons obtaining a permit to connect to the District's system. Said Charges are required as a financial payment to have access to and use of the District's wastewater collection, treatment and disposal facilities in existence at the time of connecting to the system, and for future facilities to be constructed. 0. That the Sanitary Sewer Service Charges and Capital Facilities Capacity Charges established here, are an incident but not a condition of development, payable only on request to receive service by the property owner for the benefit of those persons on the property that use the service. The charges are not an incident of property ownership, nor are they a property- related service having a direct relationship to property ownership. Accordingly, the provisions of California Constitution Article XlllD are not applicable. P. That the District's previous and present Capital Facilities Capacity Charges Ordinances, include[d] authority for the District to levy an 6 excess or supplemental capacity charge upon commercial and industrial users who discharge quantities or high strength wastewater greater than the established base line of authorized discharge. Q. That the Capital Facilities Capacity Charges re-enacted by this Ordinance are non-discriminatory, as applied to all users of the system, and are established upon a rational basis between the fees charged each category of property that is connecting, and the service and facilities provided to each connected property or structure, by the District, within a given category. R. That the miscellaneous charges and fees re-enacted by this Ordinance without change are established upon a rational basis between the fees charged to each industrial discharger, source control permittee, or wastehauler and the service and facilities provided to each. S. That the District is required by federal and state law, including the Federal Water Pollution Control Act, also known as the Federal Clean Water Act (33 U.S.C. 1251, et seq.), the General Pretreatment Regulations (40 C.F.R. 403), and the Porter-Cologne Water Quality Control Act (California Water Code Sections 13000 et seq.) to implement and enforce a program for the regulation of wastewater discharges to the District's sewers. T. That the District is required by federal, state and local law, to meet applicable standards of treatment plant effluent quality. U. That pursuant to these requirements, the Board of Directors has adopted Ordinance No. OCSD-01, as amended, Establishing Wastewater Discharge Regulations. V. That the District incurs additional costs in conducting non- compliance sampling of those industrial wastewater dischargers who violate the District's Wastewater Discharge Regulations and in administering the industrial, wastehauler, and special discharge permit programs. W. That Ordinance No OCSD-01, as amended, Establishing Wastewater Discharge Regulations, provides that the Board of Directors is to establish various fees and charges to recover those costs to the District which are made necessary by industrial dischargers and wastehaulers who violate the District's Wastewater Discharge Regulations. X. That the industrial discharger, source control, and wastehauler fees and charges hereby established by this Ordinance do not exceed the estimated reasonable costs to the District of industrial discharger, source control, or wastehauler use of the District's facilities and for the administration and implementation of permit and fee processing, non-compliance 7 sampling, and related services associated with the District's Source Control Program. Y. That all fees and charges established herein have been approved by the District's Board of Directors at a noticed public meeting, all in accordance with applicable provisions of law. Z. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act pursuant to the provisions of Public Resources Code Section 21080(b)(8) and California Code of Regulations Section 15273(a). AA. That each of the Findings set forth in previous Ordinances Nos. OCSD-05, OCSD-06, OCSD-11, OCSD-13, OCSD-15, OCSD-18, OCSD-19, OCSD-20, and OCSD-22 are reaffirmed and readopted hereat, except to the extent that they have been specifically superseded or otherwise amended by specific Findings herein. ARTICLE II SANITARY SEWER SERVICE CHARGES Section 2.01. Purpose and Scope. The purpose of this Ordinance is to establish Sanitary Sewer Service Charges required to be paid by property owners for the services and facilities furnished by the District in connection with its sanitation treatment works and sewage collection system. Revenues derived under the provisions of this Ordinance shall be used for the acquisition, construction, reconstruction, maintenance, and operation of the wastewater collection, treatment and disposal facilities of the District; to repay principal and interest on debt instruments; or to repay federal and state loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves. Section 2.02. Annual Sanitary Sewer Service Charge. Commencing with the effective date of this Ordinance, the owner of each parcel of real property located within the District which is improved with structures designed for residential, commercial, or industrial use and which, at the request of the owner or the owner's predecessor-in-interest, is connected to the District's system, shall pay an annual Sanitary Sewer Service Charge based on the respective class of users, in the sum or sums, as set forth in Tables A and B of this Ordinance, below. The annual Sanitary Sewer Service Charges for residential users are set forth in Table A. The annual Sanitary Sewer Service Charges for commercial or industrial users are dependent upon the respective classifications of property use, determined by reference to Table B; the applicable percentage figure shown on Table 8 with respect to the particular use classification is multiplied by the applicable single family residential rate shown in 8 Table A, to arrive at the annual Sanitary Sewer Service Charge rate per 1,000 square feet for the commercial or industrial user. Section 2.03. A. Exemptions. It is the intent of the District that the legal owner(s) of parcels of real property, otherwise subject to the levy and payment of the Sanitary Sewer Service Charges, as prescribed herein, be relieved, in whole or in part, from the payment of said charges, in certain circumstances and under conditions prescribed herein, and be entitled to either a rebate or a refund with respect to charges paid, as more specifically set forth in Subparagraphs 2.038 and 2.03C below, provided an inequity is established or a billing error is proven, as specified in Subparagraphs B or C. B. Application for Rebate. Any property owner may apply to the District for a rebate of Sanitary Sewer Service Charges paid to the District by establishing that an unfair valuation of the property has been made by the District. An applicant for a rebate must establish, by proof satisfactory to the General Manager of the District, or his designee, that an inequity exists between the amount of the charge paid and the amount of wastewater discharged to the District's system, resulting in an unfair valuation. Satisfactory proof shall establish that either: (1) The principal water use is agricultural or horticultural; or (2) The property is devoted to any other use wherein the amount of wastewater discharged to the District's system is significantly less on a regular basis than the amount that would normally be expected to be discharged by the class of property in question. Satisfactory proof shall include, but not be limited to, documentation showing actual water usage for each billing cycle during the entire period for which the rebate is sought. The amount of any rebate shall not reduce the charge payable by any property owner, whose property is connected to the District's system, to less than the single family residential charge shown on the applicable Table attached hereto. C. Application for Refund. Any property owner may apply to the District for a refund of Sanitary Sewer Service Charges paid to the District by establishing that the amount paid was pursuant to an error in the amount billed or the amount paid. The applicant for a refund must submit proof satisfactory to the General Manager of the District, or his designee, that a billing error has been made by the District, or the County Tax Collector. Such proof shall include, but not be limited to, proof that: 9 (1) The owner's parcel of property is not connected to the District's system; or (2) The property has not been classified in the proper land use category; or (3) A clerical error has been made. D. Limitations Period. Applications for rebates and refunds shall be deemed to be governed by the provisions of California Revenue & Taxation Code Sections 5096 and 5097, allowing for refunds for a period of four (4) years from the date of payment of the second installment of the bill claimed to be either inequitable or incorrect. E. Determination. All applications for rebates or refunds of the Sanitary Sewer Service Charge will be determined by the General Manager of the District, or his designee, who, based on the submitted proof, may grant a full or partial rebate or refund. F. Administrative Fee. At the time of filing the application for rebate or refund, the property owner shall pay District an administrative fee for the processing of such application. The amount of the fee shall be equal to the total of all fees and charges imposed on the District by any other public entity, such as the Orange County Tax Collector, the Orange County Auditor, or the Orange County Recorder, in connection with the rebate or refund. Section 2.04. Annual Charge Based on Fiscal Year. The Sanitary Sewer Service Charges established by this Ordinance shall be effective as of July 1 of each year, as set forth in Tables A and B, attached hereto, for the District's fiscal year, and shall remain in effect until such time as the rates adopted herein are changed by District Ordinance. There shall be no proration of such charges in any fiscal year. Section 2.05. Method of Collection. A. Pursuant to the authority granted by California Health & Safety Code Section 5473, and except as otherwise provided in Subparagraph 2.058 below, all sanitary sewer service charges established herein shall be collected on the County Tax Roll in the same manner, by the same persons, and at the same time as, together with, and not separately from, its general taxes. The County Tax Collector is authorized and hereby ordered to make said collections in accordance with the terms and conditions of agreements between the County of Orange and the District. B. In the event District determines that, due to billing or payment error, or to inequity in the amount billed, a property owner has 10 underpaid annual Sanitary Sewer Service Charges payable to District, District, within four (4) years after the date of mailing of the tax bill, may: (1) collect the amount of any deficiency directly on the County Tax Roll; (2) off-set the amount of any deficiency against any amounts that District determines is owing, by District, to the property owner, as a rebate or refund under this Ordinance; or (3) submit, directly to the property owner, a bill for the amount of any deficiency, which shall be due and payable within thirty (30) days of the invoice date and which, if not paid, shall become a lien on said property. Section 2.06. Credit for Industrial Permittees. A credit shall be allowed to all dischargers permitted pursuant to Article 3 of District Ordinance No. OCSD-01, as amended, in an amount equal to the annual Sanitary Sewer Service Charge established by Section 2.02 of this Ordinance, in the same manner as credit is allowed for ad valorem taxes pursuant to Sections 302.6(8), and 303.6(8) of District Ordinance No. OCSD-01, as amended. TABLE A ANNUAL SEWER SERVICE USER FEES RESIDENTIAL USERS FISCAL YEAR 2003-04 2004-05 SFR MFR $100.00 $ 70.00 $115.00 $ 80.50 SFR = SINGLE FAMILY RESIDENTIAL MFR = MUL Tl FAMILY RESIDENTIAL 2005-06 $132.00 $ 92.40 2006-07 $153.00 $107.10 2007-08 $175.00 $122.50 All properties located within Revenue Area No. 14 pay no annual service fees. District costs relating to providing service to these properties are billed by OCSD directly to the Irvine Ranch Water District, the local agency providing the local sewer service. 11 Assessor Use Code 1 5 6 8 121 122 124 125 126 201 666 777 112 113 58 100 44 71 72 110 111 115 116 33 94 95 96 97 74 36 40 68 21 22 23 24 39 57 83 TABLEB ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS Description Vacant Land Parcel Common Area Parcel "Hold" Parcel Equivalent to Vacant Parcel of Minimal or No Value Subsurface Parcels Oil/Mineral Rights Mineral Rights Equipment Vacant Comm. Area-IMP Alloc. Homeowners Exemption Add'I. Unassigned Vacant Septic Tank Property Steel Building Mini-Warehouse Nurseries (Plants) Drive-In Theater Lumber/Constr. Material Yard Parking Garage Paved Parking Lot Warehouse -Single Tenant Warehouse -Multi Tenant Recreational Vehicle Storage Truck Terminal Church Buildings Department Store Discount Store Unattached Single Store Strip Store Recreational Vehicle Park Financial Buildings Health Club High Rise Office Automobile Dealership Auto Repair Shop Automotive Service Used Car Lot Golf Course Motorcycle/Small Vehicle Building Automotive Service Station 12 Percentage of SFR Per 1.000 SF or Unit 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 7% 7% 10% 10% 17% 17% 17% 17% 17% 17% 17% 20% 23% 23% 23% 23% 27% 27% 29% 30% 41% 41% 41% 41% 41% 41% 41% Assessor Use Code 84 86 65 66 67 69 7 55 107 108 109 114 37 101 26 45 88 3 10 11 12 13 14 15 16 17 18 63 64 81 82 98 99 118 19 34 42 43 56 TABLE B (CONTINUED) ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS Description Percentage of SFR Per 1.000 SF or Unit Marine Service Station Combin. -Service Station/Convenience Single Office Bldgs. to 3 Stories Small Office Center Office Complex Converted Residence to Office Mobile Home Mobile Home Park Light Industrial -Single Tenant Light Industrial -Multi Tenant Research and Development Industrial Park Fraternal Buildings Unattached Theater Airport and Related Buildings Marinas Low Flow Shopping Center Two or More Residences Duplex Only Triplex Only 04-Units Only 5 to 16 Units 17 to 25 Units 26 to 40 Units Only 41-99 Units Only 100 or More Units Developed with a Mix of Forms Low Rise Retirement Building High Rise Retirement Building Pre-Schools, Nursery or Care Private Schools Store with Offices or Living Quarter Store with Office Upstairs Governmental Use Vacant/Develop. SFR with 1 or 2 rental units Dormitory Hospital Hotel Motels and Motor Hotels 13 41% 41% 41% 41% 41% 41% 50% 50% 50% 50% 50% 50% 51% 51% 53% 53% 53% 70% 70% 70% 70% 70% 70% 70% 70% 70% 70% 70% 70% 82% 82% 82% 82% 82% 85% 97% 97% 97% 97% Assessor Use Code 0 2 4 85 103 104 105 106 119 120 888 32 38 60 61 62 28 92 50 51 52 53 54 89 20 35 73 30 47 48 90 76 77 78 79 29 TABLE B (CONTINUED) ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS Description Conversion-C/1, Rural PC Percentage of SFR Per 1 .000 SF or Unit 100% One Residence Miscellaneous Improvement Comb. Serv. Stn./Restaurant Chemical Tank and Bulk Storage Food Processing Plant Cold Storage Plant Factory Public Utility Water Mutual or Company Conversion-Composite Prop. Cemetery & Related Buildings Funeral Home Nursing Home Convalescent Hospitals Converted Res. Used as Nursing Bowling Alleys Skating Rinks Single Medical Bldgs. to 3 Stories Small Medical Center Medical Center Complex High Rise Medical Converted Residence to Medical Average Flow Shopping Center Amusement Parks Entertainment Center Recreation Coin Operated Car Wash Supermarket Convenience Market High Flow Shopping Center Restaurant -Take Out Restaurant -Coffee Shop Restaurant -Dinner House Restaurant -Conversion from SF Conventional Car Wash 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 101% 101% 102% 102% 102% 112% 112% 124% 124% 124% 124% 124% 139% 144% 144% 144% 151% 151% 151% 226% 300% 600% 600% 600% 796% NOTE: Multiply the Table A Single Family Residential Rate by the percentage figure above in order to determine the rate per 1,000 square feet for the commercial or industrial user. 14 ARTICLE 111 CAPITAL FACILITIES CAPACITY CHARGES Section 3.01. Purpose and Scope. The purpose of this Ordinance is to impose Capital Facilities Capacity Charges when properties, either newly- connect to the District's system, or expand the use of the property previously connected to the District. Revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, and reconstruction of the wastewater collection, treatment and disposal facilities of the District; to repay principal and interest on debt instruments; or to repay federal or state loans for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves. Section 3.02. Definitions. A. "Actual construction costs" include the cost of all activities necessary or incidental to the construction of a District facility, such as financing, planning, designing, acquisition of the property or interests in the property, construction, reconstruction, rehabilitation, and repair. B. "Capital Facilities Capacity Charge" means a one-time, non- discriminatory charge imposed at the time a building or structure is newly connected to the District's system, directly or indirectly, or an existing structure or category of use is expanded or increased. Said charge is to pay for District facilities in existence at the time the charge is imposed, or to pay for new facilities to be constructed in the future, that are of benefit to the property being charged. This charge does not apply to temporary facilities or operations that are regulated under the provisions of a Special Purpose Discharge Permit. C. "Connection fee" means a fee equal to the cost necessary to physically connect a property to the District's system, including but not limited to, installation of meters, meter boxes, pipelines, and appurtenances to make the connection and which fee does not exceed the actual cost of labor, materials, and overhead for the installation of those facilities. D. "Non-discriminatory" means that the Capital Facilities Capacity Charge does not exceed an amount determined on the basis of the same objective criteria and methodology applicable to comparable public or non- public users, and is not in excess of the proportionate share of the cost of the District's facilities of benefit to the person or property being charged, based upon the proportionate share of use of those facilities. 15 E. "Public agency" means the United States or any of its agencies, the State or any of its agencies, the Regents of the University of California, a county, city, district, school district, local or regional public authority, or any other political entity, subdivision or public corporation of the State. F. The Supplemental Capital Facilities Capacity Charge, as provided for in Sections 3.07, 3.08, 3.09, and 3.10 of this Ordinance, is an annual charge payable to the District on a quarterly or annual basis, as determined by the District. Said charge is required to be paid by dischargers that exceed the maximum quantity of flow or constituents (BOD or SS) allowed as a base use for which the CFCC is paid. Section 3.03. Connection Permits: Required. A. Connection permits are required of each and every dwelling unit, and each commercial or industrial building, and structure connecting directly or indirectly to the District's sewerage system facilities. Included are the connections of laterals to local municipal sewerage facilities, and the connection of local municipal sewerage facilities and laterals to the District's facilities. Multiple detached structures on a single parcel of property shall each be required to obtain a connection permit. B. Except as authorized by the issuance of a Special Purpose Discharge Permit under Sections 305-305.6 of Ordinance No. OCSD-01, or as amended, or as authorized pursuant to a special extra territorial service agreement approved by the Board of Directors, no permit shall be valid unless the real property to be served by use of the permit is included within the boundaries of the District and within the boundaries of a local sewering agency authorized to maintain public sewering facilities. However, a permit, as authorized above, may be issued for property to be served outside the boundaries of a local sewering agency if a local sewering agency makes application for the issuance of such permit. There will be a non-discriminatory Capital Facilities Capacity Charge assessed to public agencies for connecting directly or indirectly to the District's sewerage system facilities, and a connection permit must be obtained. Section 3.04. Capital Facilities Capacity Charge: Payment Required. No application for a permit for a connection of a structure to a District sewerage facility, or to any sewerage facility which discharges into a District sewerage facility, shall be approved, nor a permit issued, until a District Capital Facilities Capacity Charge is paid by the applicant, except as provided for discharges under a Special Purpose Discharge Permit. No connection permit shall be issued unless there is an established category of use of the property to be served or a valid building permit issued which establishes the category of use of said property. 16 Section 3.05. Capital Facilities Capacity Charge: Time of Payment. A. Payment of the Capital Facilities Capacity Charge established by this Ordinance for connection to the District's sewerage system facilities shall be required at the time of issuance of the building permit for all construction within the District, excepting in the case of a building legally exempt from the requirement of obtaining a permit. The payment of the Capital Facilities Capacity Charge for such exempt buildings will be required at the time of and prior to the issuing of a plumbing connection permit for any construction within the territorial limits of the District, or if none, prior to the issuance of a Certificate of Occupancy. B. Upon application of any property owner seeking to connect to the District's system, the Board of Directors of District, in its sole and absolute discretion and upon a finding of compelling need, may, pursuant to the authority of California Health & Safety Code Section 5474, approve of an agreement with the property owner for the payment of the applicable connection charge in installments over a period of not to exceed five (5) years, bearing an interest rate on the unpaid balance of not to exceed ten (10%) percent per annum, and that the charges and interest shall constitute a lien on the property. Section 3.06. Capital Facilities Capacity Charge: Schedule of Amounts. Every person or entity connecting any new or expanded building or structure to the District's system facilities shall pay a Capital Facilities Capacity Charge in the amount for the applicable category of use set forth on Table C, below. 17 TABLE C CAPITAL FACILITIES CAPACITY CHARGES Use Category Commercial -Industrial Low Demand 2 Average Demand4 High Demand 3 Single Family Residential (SFR) 5+ Bedrooms 4 Bedrooms 3 Bedrooms 2 Bedrooms 1 Bedroom Multi-Family Residential (MFR) 4+ Bedrooms 3 Bedrooms 2 Bedrooms 1 Bedroom Studio Rate Basis Per 1,000 square feet1 Per 1,000 square feet Per 1,000 square feet Per 1,000 square feet *%of Base (Per Unit) 1.39 (Per Unit) 1.19 (Per Unit) 1.00 (Base) (Per Unit) 0.81 (Per Unit) 0.62 *%of Base (Per Unit) 1.08 (Per Unit) 0.89 (Per Unit) 0.70 (Per Unit) 0.50 (Per Unit) 0.32 Supplemental CFCC for Permit Users, includes 5% cost of funds. Flow, per million gallons per day BOD, per 1,000 pounds per day SS, per 1,000 pounds per day Base Charge $ 170.001 $1,050.001 $2,490.001 Base Charge $4,020.00 $3,440.00 $2,890.00 $2,340.00 $1,790.00 Base Charge $3,120.00 $2,570.00 $2,020.00 $1,450.00 $ 920.00 $0.001001 $0.289100 $0.187150 1Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $2,890.00; and all calculations shall be on a 1,000 square foot, or portion thereof, basis. A schedule of the Capital Facilities Capacity Charges specified herein will be on file in the Office of the Board Secretary of the District, and in the Building Department of each City within the District. 2 Low Demand connections are the following categories of Users: Nurseries; Warehouses; Parking Structures; RV Storage; Churches; Truck Terminals; RV Parks; Lumber/Construction Yards; and other dischargers whose flow is similar in volume to these listed categories. 3 High Demand connections are the following categories of users: Restaurants, Supermarkets; Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with Restaurants; Food Processing Facilities; Textile Manufacturers; and other dischargers whose flow is similar in volume to these listed categories. 4All other connections are Average demand users. *SFR -The rates for each size of SFR and MFR are established with a 3-bedroom SFR having a base of 1.0, and all others are a relative percentage higher or lower than 1.0, depending on size of unit, as noted. 18 Section 3.07. Supplemental Capital Facilities Capacity Charge: Significant Commercial -Industrial Users and Special Purpose Dischargers - Definitions. A. A Significant Commercial -Industrial User ("SCI U") is any person or entity who discharges commercial or industrial process flow, but excluding domestic sewage flow, in an amount greater than 25,000 gallons per day ("gpd"), or Biochemical Oxygen Demand ("BOD") greater than 150 pounds per day, or Suspended Solids ("SS") greater than 150 pounds per day, or who is required to obtain a Waste Discharge Permit, as prescribed by Ordinance No. OCSD-01, as amended, Article 3, due to having federally or District regulated or significant discharges. B. A special purpose discharger ("SPD") is any person or entity who discharges to the sewer system wastewater or process flow in an amount greater than 25,000 gpd (excluding domestic, industrial or commercial) and who is required to obtain a Special Purpose Discharge Permit as prescribed in Section 305 of Ordinance No. OCSD-01 or its successor. C. An Existing SCIU or SPD is any SCIU or SPD connected and discharging to the District's system prior to January 1, 2000. D. A New SCIU or SPD is any user who connects and discharges to the District's system pursuant to a Waste Discharge Permit issued on or after January 1, 2000; or if previously connected and not an SCIU, as defined in Subparagraphs 3.07 A and B above, but, subsequent to January 1, 2000, increases flow, or BOD, or SS to a level as to constitute an SCIU or SPD. E. The maximum discharge allowed to a user, for which a base Capital Facilities Capacity Charge is paid, as per Table C, above, is 25,000 gallons per day ("gpd"), or 150 pounds each of BOD and SS (the "base use"). Discharge of flow, or BOD, or SS in amounts greater than allowed by this Subsection 3.07E shall be subject to the provisions of Sections 3.08 and 3.09 hereof. F. Each Existing SCIU shall have a baseline of allowed discharge of flow, and BOD, and SS established by the District as of January 1, 2000. The baseline shall be based upon the discharge for Fiscal Year 1998-99, or upon such other discharge data which the District determines is representative of the user's actual annual discharge to the sewerage system. Dischargers who are deemed to be SCIU's solely because of the requirements to obtain a Waste Discharge Permit, pursuant to Section 3.07A above, shall have a minimum baseline established as follows: Flow-25,000 gallons per day; BOD -150 pounds per day; and SS -150 pounds per day. The SCIU shall be authorized to discharge flow, and BOD, and SS up to the baseline amounts without payment of a Supplemental Capital Facilities Capacity Charge. 19 G. Each Existing SPD shall have a baseline of 25,000 gpd, 150 pounds per day of BOD and 150 pounds of SS. The Existing SPD shall be authorized to discharge flow up to 25,000 gpd without payment of a Supplemental Capital Facilities Capacity Charge. H. The Supplemental Capital Facilities Capacity Charge, as prescribed by Sections 3.08, 3.09, and 3.10 below, shall be payable commencing with the effective date of this Ordinance. I. Within two (2) years from the date of the District's written notice to the existing SCIU of its baseline amounts, the existing SCIU, as described in Section 3.07C, shall have a right to appeal the District's established baseline for the SCIU. The appeal shall be to the General Manager, or his designated representative, who shall have discretion, based upon extraordinary circumstances, wherein the established baseline is not representative of the historical average daily discharge by the SCIU for a yearly period, to modify the baseline amounts for the current year, or on a permanent basis, subject to terms and conditions as prescribed by the General Manager. The decision of the General Manager shall be final. Section 3.08. Supplemental Capital Facilities Capacity Charge: New Significant Commercial -Industrial Users. In addition to the base Capital Facilities Capacity Charge, as prescribed in Table C, for commercial-industrial use category properties, all New SCIU's shall pay a Supplemental Capital Facilities Capacity Charge for each gallon of flow, or pound of BOD, or SS, exceeding the base use discharge maximums, in the amount shown in Table D. Section 3.09. Supplemental Capital Facilities Capacity Charge: New Special Purpose Dischargers. All New SPDs shall pay a Supplemental Capital Facilities Capacity Charge of $0.001001 per gallon per day for each gallon of flow exceeding 25,000 gallons per day. Upon issue of permission to discharge, SPD with discharges above 25,000 gpd shall pay a nonrefundable Supplemental Capital Facilities Capacity Charge, prior to discharge, for one million gallons above 25,000 gpd. The deposit will be credited by the District against future Supplemental Capital Facilities Capacity Charges. Section 3.10. Supplemental Capital Facilities Capacity Charge: Existing Significant Commercial -Industrial Users and Special Purpose Dischargers. A. All Existing Significant Commercial -Industrial Users connected to and discharging to the District's system shall be required to pay a Supplemental Capital Facilities Capacity Charge upon the occurrence of either (i) an increase of discharge flow of 25,000 gallons per day ("gpd"), or 25% per day over its established baseline authorization, whichever is lesser; or (ii) an increase 20 of either BOD or SS discharge of 150 pounds each per day, or 25% each per day, whichever is lesser, over its established baseline authorization. B. The Supplemental Capital Facilities Capacity Charge shall be in the following amounts for each component that is increased as provided in Section 3.1 OA above: TABLED SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES Flow BOD SS Gallons Per Day Pounds Per Day Pounds Per Day Daily Charge $0.001001 $0.289100 $0.187150 C. All Existing SPDs connected and discharging to the sewer shall be required to pay a Supplemental Capital Facilities Capacity Charge upon occurrence of an increase of discharge flow over 25,000 gpd. The Supplemental Capital Facilities Capacity Charge shall be $0.001001 per gallon per day of discharge for each gallon above 25,000 gpd. D. The Supplemental Capital Facilities Capacity Charge shall be calculated on the basis of the average daily quantity of discharge in excess of the User's baseline or 25,000 gpd for SPDs. The daily averages will be based on the daily discharges for a year, utilizing discharge records and reports of the District. Section 3.11. Capital Facilities Capacity Charge: Replacement Structures. For new construction replacing former structures, the Capital Facilities Capacity Charge shall be calculated and paid to the District on the rate basis of the category of the new use and the amounts as set forth in Table C, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table C that would be for the prior category of use which was terminated and removed. Section 3.12. Capital Facilities Capacity Charge: Remodeled Structures. In the case of existing structures connected to the District's system facilities, to which new construction or alteration is made to change or increase the category of use, a Capital Facilities Capacity Charge shall be calculated and paid to the District on the rate basis of the category of the new use and the amounts as set forth in Table C, less a credit amount, up to the amount of the 21 new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table C for the prior category of use. Section 3.13. Payment of Capital Facilities Capacity Charge: Off- Site Sewers Not Part of Master Plan Relative to Reimbursement Agreements. A charge for connection to off-site sewers which are not included as part of the District Master Plan and for which a Non-Master Plan Reimbursement Agreement has been entered into between the District and the property owner, shall be paid in the amount provided for in said Agreement, to be known as a Non-Master Plan Capital Facilities Capacity Charge. The amount set forth in said Agreement shall be the amount due, provided the original Agreement is still in force. The Non-Master Plan Capital Facilities Capacity Charge shall be in addition to the other Capital Facilities Capacity Charges provided for in Sections 3.06 through 3.10 hereinabove, established for property connecting to said facilities. Section 3.14. No Refund or Transfer. A Capital Facilities Capacity Charge is paid for the connection of a specific building or structure on a parcel of property. No refund of any charge shall be made because of non-use or change of use, or any other reason. The connection permit is non-transferable to any other parcel of property. Section 3.15. Baseline Transferabilitv. The baseline of allowed discharge of flow, BOD and SS used to calculate a Supplemental Capital Facilities Capacity Charge shall not be transferable, nor shall a credit for such previously existing baseline be provided to another SCIU concurrently or subsequently occupying the same property. Each such SCIU shall pay Supplemental Capital Facilities Capacity Charges in accordance with Section 3.08 above. 22 ARTICLE IV MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS. SOURCE CONTROL PERMITTEES AND WASTEHAULERS Section 4.01. Purpose and Scope. The purpose of this Ordinance is to recover those costs incurred by the District (i) on account of industrial dischargers' and wastehaulers' use of the District's facilities; (ii) when administering the District's Source Control Program; and (iii) when performing non-compliance sampling of industrial wastewater dischargers who have violated the District's Wastewater Discharge Regulations or the terms and conditions of the discharger's permit. Revenues derived under the provisions of this Ordinance shall be used to defray the costs incurred by the District (i) on account of such use of the District's facilities; and (ii) in performing these tasks. Section 4.02. Administrative Fees and Charges Relating to Permittees. Administrative fees and charges relating to permittees are hereby established in the sum or sums as set forth in Table E, below. Section 4.03. Source Control Non-Compliance Fees. Source control non-compliance fees are hereby established for dischargers' non- compliance sampling and for self-monitoring and data reporting non-compliance, in the sum or sums as set forth in Table F, below. Section 4.04. Special Purpose Discharge Permittees; Charges for Use. As authorized by Sections 305.5 and 305.6 of the District's Wastewater Discharge Regulations adopted by Ordinance No. OCSD-01, as amended, charges for use are hereby established for Special Purpose Discharge Permittees, as set forth in Table G, below Section 4.05. Class I and Class II Permittees -Charges for Use. As authorized by Sections 302.3, 302.6, 303.3 and 303.6 of the District's Wastewater Discharge Regulations adopted by Ordinance No. OCSD-01, as amended, the charges for use are hereby established for Class I and Class 11 Permittees as set forth in Table G, below. Section 4.06. Wastehauler Charges for Use. As authorized by Sections 306.3 and 306. 7 of the District's Wastewater Discharge Regulations adopted by Ordinance No. OCSD-01, as amended, the charges for use are hereby established for wastehaulers as set forth in Table H, below. 23 Section 4.07. Administrative Appeals. A. Any user, permit applicant, or permittee affected by any decision, action, or determination by the District may, within forty-five (45) days of the date of mailing by the District of the initial invoice for fees imposed pursuant to this Ordinance, request that the District reconsider imposition of such fees. Following review of such a request, the District shall notify the user, permit applicant, or permittee by certified mail of the District's decision on the reconsideration request. B. Any user, permit applicant, or permittee adversely affected by the District's decision on the reconsideration request, may file an appeal in accordance with Sections 617 and 619 of the District's Wastewater Discharge Regulations Ordinance No. OCSD-01, as amended. 24 TABLE E ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES Permit Fees A. B. C. D. Class I Wastewater Discharge Permit Class II Wastewater Discharge Permit Special Purpose Discharge Permit -One-Time Application -Nonrefundable Deposit for First One Million Gallons -New Permit Only Wastehauler Discharge Permit Wastehauler Fees Permit Decal Initial Issue Permit Decal Replacement Entry Card Initial Issue Entry Card Replacement F. G. H. I. J. K. After Hours Discharge -Prearranged After Hours Discharge -Emergency Administrative/Processing Fees L. District's Collection of Tax Data M. District's Collection of Water Consumption Data N. Appeal Hearing Filing Fee 25 Charges $335.00/year $70.00/year $250.00/year $975.00/permit $368.58 $75.00/year Charges $25.00 $50.00 $50.00 $100.00 $85. 00/event $100. 00/event Charges $100.00/permit $100. 00/permit $400/appeal TABLE F INDUSTRIAL DISCHARGER. SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES Cost of Processing and Sampling Following a Minor Violation Cost of Processing and Sampling Following a Major Violation Cost of Analysis Heavy Metals: -Aluminum -Antimony -Arsenic -Cadmium -Chromium -Copper -Gold -Lead -Molybdenum -Nickel -Palladrum -Platinum -Selenium -Silver -Thallium -Zinc Mercury 601/602 604 606 608 610 26 Charge $225. OD/event $500 .OD/event Charge $35.00/each $78.00 $152.00 $223.00 $254.00 $523.00 $73.00 TABLE F (CONTINUED) INDUSTRIAL DISCHARGER, SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES 612 624 625 Ammonia Analysis as Nitrogen Biochemical Oxygen Demand (BOD) BOD and Suspended Solids (SS) Analysis Chemical Oxygen Demand Conductivity Cyanide (Amenable) Dissolved Mineral Solids Gamma Radiation Determination Gross Alpha and Beta Determination Tritium Determination Oil & Grease (Hexane Soluble Matter) Oil & Grease (Mineral Partition) Total Organic Nitrogen pH Fluoride Suspended Solids (Total) Suspended Solids (Total and Volatile) Total Dissolved Solids Total Sulfides Charge $200.00 $355.00 $661.00 $ 21.00 $ 44.00 $ 67.00 $ 44.00 $ 15.00 $ 70.00 $ 15.00 $115.00 $ 50.00 $ 50.00 $ 74.00 $ 74.00 $ 48.00 $ 8.00 $ 51.00 $ 23.00 $ 44.00 $ 14.00 $ 29.00 SELF-MONITORING AND DATA REPORTING NON-COMPLIANCE Cost of Processing and Issuing Significant Non-Compliance Notification Cost of Processing Annual SNC and Publication 27 $165.00 $260.00 TABLEG CLASS I AND CLASS II PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE Class I and II Permit User FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 Flow(*) $316.38 $500.20 $564.42 $697.94 8.0.D. (**) $216.13 $298.89 $337.47 $404.32 S.S. (***) $207.35 $275.47 $312.18 $370.94 Domestic Equivalent $100.00 $115.00 $132.00 $153.00 S12ecial Pur12ose Discharge Permit Flow(*) 8.0.D. (**) S.S. (***) Domestic Equivalent (*) Flow (**) 8.0.D. (***)S.S. FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 $316.38 $500.20 $564.42 $697.94 $216.13 $298.89 $337.47 $404.32 $207.35 $275.47 $312.18 $370.94 $100.00 $115.00 $132.00 $153.00 Per million gallons of Flow Per thousand pounds of Biochemical Oxygen Demand Per thousand pounds of Suspended Solids FY 2007-08 $785.31 $455.46 $419.61 $175.00 FY 2007-08 $785.31 $455.46 $419.61 $175.00 All properties located within Revenue Area No. 14 pay no annual service fees. District costs relating to providing service to these properties are billed by OCSD directly to the Irvine Ranch Water District, the local agency providing the local sewer service. 28 TABLE H WASTEHAULER CHARGES FOR USE Wastehauler Fees Charge for Use -Waste originating within Orange County Charge for Use -Waste originating outside Orange County 29 Charges $0.035/gallon of truck capacity $0 .11 /gallon of truck capacity ARTICLEV MISCELLANEOUS Section 5.01. Application of Ordinance. The provisions of this Ordinance shall be in addition to the provisions of District Ordinance No. OCSD- 01, as amended, Establishing Wastewater Discharge Regulations for Use of District's Sewage Facilities, including provisions for payment of charges or fees related thereto; District Ordinance No. OCSD-21, as amended, Establishing Fees Concerning Annexations of Territory to the District; and any other District Ordinances and Resolutions not in conflict herewith. Section 5.02. Exceptions. The provisions of this Ordinance shall apply to all owners of properties within the District, including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax-exempt organizations, except as expressly provided herein. The Board of Directors of the Orange County Sanitation District does further hereby ORDAIN: Section II. Severabilitv. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. Section Ill. Effective Date. This Ordinance shall take effect October 1, 2004. Section IV. Repeal. Ordinance No. OCSD-22 is hereby repealed. Section V. Certification and Publication. The Secretary of the Board shall certify to the adoption of this Ordinance, and shall cause a summary to be published in a newspaper of general circulation as required by law. II II II II 30 l PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held August 25, 2004. CHAIR, BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT ATTEST: SECRETARY, BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT THOMAS L. WOODRUFF GENERAL COUNSEL 31 BOARD OF DIRECTORS AGENDA REPORT Orange County Sanitation District FROM: David Ludwin, Director of Engineering Originator: A lberto Acevedo, Project Manager Meetin g Date Item Number SUBJECT: REHABILITATION OF COLLEGE AVENUE PUMP STATION , CONTRACT NO . 7-47 GENERAL MANAGER'S RECOMMENDATION Approve Professional Services Agreement with RBF Consulting , providing for engineering services for the Rehab ilitation of College Avenue Pump Station , Contract No. 7-47, for an amount not to exceed $941 ,576. SUMMARY To Bd . of Dir. 08/25/04 Item Num ber 15 • This project will rehabilitate College Avenue Pump Station . The rehabilitation project will include the design and construction of mechanical, electrical, instrumentation and controls, structural , and architectural improvements to bring the facility into compliance with District standards . • The Professional Services Agreement (PSA) includes the following : 1. Preparation of Preliminary Design Report (PDR) to include a series of technical memoranda to set the design parameters , complete a utility research effort, set operating philosophies , perform a hydraulic analys is, complete a noise assessment report, complete an odor assessment and control plan, and architectural features to minimize visual impacts to local residents. 2. Final Design of recommended facilities . 3. California Environmental Quality Act (CEQA) and permit support services . 4 . Preparation of construction bid documents. 5 . Bid and award support services 6. Engineering support services during construction , which will be adjusted once the actual scope and cost of construction are known . • The District solicited proposals from five consulting firms : Boyle Engineering Corporation; Cathcart, Garcia von Langen; Kennedy/Jenks Consultants; Lee & Ro , Inc.; and RBF Consulting . A pre-proposal meeting was held on January 22 , 2004 to summarize the project objectives and to answer questions or concerns from the potential proposers . Proposals from all five firms were received. • The Evaluation T ea rn revi ewed th e five proposals and recomm e nd s the award of th e PSA to RBF Consulting for an amount not to exceed $941 ,576 . Page 1 • Subsequent to receiving t he proposals , Staff experienced delays in resolving future ownership issues with the City of Costa Mesa . The District will retain ownership of the College Avenue pump stat ion for the foreseeable fu ture . • At the July Planning , Des ign , and Construction (PDC ) Committee meeting , Staff requested and received permission to bring this item directly to the Board of D i re ctors m eeting for approval s ince there was no August PDC meeting scheduled . This request was made in order to expedite the project where possible and reduce the impact of previous delays . PRIOR COMMITTEE/BOARD ACTIONS Please see the attached PSA Status Report. PROJECT/CONT RACT COST SUMMARY A total au t horizat ion of $941 ,576 is within the project's budget for preparation of the PDR , the Fina l Design , and an estimate of Construction Support Services . The total project budget of $6 ,321 ,000 will not change . In order to have a sufficient budget for the completion of Phase 2 -Prel im inary Design and Phase 6 -Close Out, it is necessary to transfer $185 ,000 from Phase 3 -Design and distribute it among Phase 2 ($135 ,000) and Phase 6 ($50 ,000), to accurately account for costs associated with each of these phases. Please see attached Budget Information Table . BUDGET IMPACT ~ D D D This item has been budgeted .(Lin e item : FY 2003-04 , Se ction 8, pag e 34 , Cap ital Improvem ent Prog ra m, Colle ction Fa ci li ties, Repla cements of the Colle ge Avenue Pump Sta tion ) This item has been budgeted , but there are insufficient funds . This item has not been budgeted . Not applicable . (information item ) ADDITIONAL INFORMATION This project will provide for the rehabilitation of the College Avenue Pump Station . The rehabilitation project will include the Design and Construction of mechanical , electrical , instrumentation & controls , structural and architectural improvements to bring the facility into compliance with District Standards , and local and national codes . Mechanical improvements will include replacement of the existing pumping equipment with submersible motor pumps (immersible pumps) and modifications to the discharge piping to accommodate the new pumping equipment and the installation of a discharge flow meter. Electrical modifi cations will include the replacement of all electrical systems and controls to operate the facility in accordance with District Standards . All new electrical equipment and controls are to be housed in a new building that will be constructed beside the existing pumping station . Structural modifications will include the retrofitting of the existing building to comply with se ismic requirements for the zone , and construction of new pump concrete pads and other modifications as required to meet District Standards, and local and national codes . Page 2 'I Architectural improvements will include the retrofitting of the existing building and the design and construction of a new concrete block building to house the new electrical and controls equipment. ALTERNATIVES No alternatives are proposed. CEQA FINDINGS This project was not included in the 1999 Strategic Plan Program Environmental Impact Report that was certified on October, 1999. However, the Rehabilitation of the College Avenue Pump Station will be included in the new Supplemental Environmental Impact Report for the Full Secondary Treatment and Collection System Improvements. ATTACHMENTS 1. Budget Information Table 2. Professional Services Agreement Status Report 3. Staff Evaluation of Proposals to Provide Engineering Services AA:eh:lc:jo H:\ntglobal\Agenda Draft Reports\Joint Boards\7-47 AR to 082504.doc Page 3 \ PllOJEl:TIPHASE l'h:IM! 1 · PrOIKI O.•o'-onl s PhaM2·Pr•_ ........... s PhneJ.Dnlan s PNIM!4·CCIM!ruetlon s -s.r--s I""" .. 6 . CIM&-Oul s 'Phno7·CDl'lll~ s Lrm..cT TI>TAL s IRttlllllllnablt Coa$ I CT NET s a. .. PSA ConstlUCl""'Col'llracl BUDGET INFORMATION TABLE REHABILITATION OF COLL.EGE AVENUE PUMP STATION CONlRACT N0.7-47 OltlGlHAL AUTHORIZED 8UDGl!T CURIU!HT I PllOPOll!D PR04CT BllDm!T BUDO!TllilCll!ASEI PROPOSm ID!CR1AllE AIMRD~ FUMDS AU11IORIZED TI> DATE THIS I AU11tORllATlON PROPOSmTOTAl.I DTIMAT!D R!GU!IT AllTHORIZATXIN EXl'blllllURl!TO DATI! 73.591 s 51.000 s 51.000 s 51.000 s . s 51 DOD S 55.845 110.386 s 2'46000 s 135000 s 381000 s 110.000 s ::!lll.&75 s 37667$ s 58633 "62315 s 1163.000 s 1185.000 s 678000 s 259.200 s 3'12274 s 851 474 s 22.906 4.2611.251 s 4 267.000 s 4267000 s 405.000 s 201420 s 606420 s 135.795 s 137.000 s 137000 s 100000 s 26574 s 126574 s 34199 s 35.000 s 50000 s 85000 s 27.000 s Sol.633 s 81633 s 735.905 s 722.000 s 722.000 s s . s 6.0214C2 s 6.321.000 s . s 11.321.000 s 952.200 s 1141.576 s um mis 137.1114 I I I I 11 11.021 ... i s 6.321.000 s . s 8321000 s 952.200 s 1141.578 s 1.1193.778 s 137,184 I PSA/ConU•CI s 1141.576 s . s 941576 s 941.578 s 941.576 s 3670.000 s . s 3870.000 s . s hTIMATED Dl'l!NDED TI> DA'T!AI 10!!"4 1G'I> 4~ 11'11. 11'11. ~ ,.., ,.., Professional Services Agreement Status Report REHABILITATION OF COLLEGE AVENUE PUMP STATION CONTRACT NO. 7-47 Total Project Budget: $ 6,321,000 Consultant: RBF Consulting Date Amendment Description Cost Pending Original PSA Rehabilitation of College Avenue Pump Station $ 941,576 EDMS: 003763706 Accumulated Costs $ 941,576 •. -. • REHABILITATION OF COLLEGE AVENUE PUMP STATION CONTRACT NO. 7 -47 Proposal Evaluation Report Request for Proposals (RFPs) were sent on January 14, 2004 to the following consulting firms: • Boyle Engineering Corporation • Cathcart Garcia Vo Langen • Kennedy Jenks Consultants • Lee & Ro, Inc. • RBF Consulting (Boyle) (CGvL) (KJC) (L & R) (RBF) The five firms had representatives attend the mandatory pre-proposal meeting. The five firms submitted proposals on February 10, 2004. An Evaluation Team was selected to review and rank the proposals. The review panel consisted of five District members. Each member of the in-house review panel individually reviewed and ranked the proposals. Each proposal was graded from 1to10 (10 being best) in six weighted categories as described below: 1. Project Approach and Understanding of the Scope of Work (Weight 10) - Rates the team's understanding of the Scope of Work included in the RFP and their approach to the work, methodology, and task breakdown. 2. Plan for Managing and Performing the Work (Weight 8) -Rate the team's project management techniques and methods and procedures for performing the tasks. 3. Applicable Staff Qualifications (Weight 10) -A comparison of the team's educational background and professional qualifications as they relate to the Scope of Work for this project. 4. Applicable Related Project Experience (Weight 8) -Rates the team's overall total number of years experience and roles performing engineering services as it relates directly to the design and construction of this project. This also rates the team's recent experience on applicable projects as it relates directly to the design and construction support for this project. 5. Team Organization and Use of Subconsultants (Weight 5) -Addresses the appropriateness of assignments to consultant staff and/or subconsultants to consultant teams. 6. Proposed Schedule (Weight 5) -Rates the consultant's proposed schedule as to whether it meets the District's needs and whether the consultant can meet the schedule. This also rates whether the consultant provided an accelerated schedule and could the consultant meet it. The initial written proposal rankings were compiled on February 17, 2004. A meeting was then held the same day to discuss individual rankings. Based on these discussions, the Evaluation Team agreed to re-examine their rankings and submit updated evaluation forms. These were compiled and presented to the Evaluation Team on February 18, EDMS: 003763696 I of4 8/18/2004 2004, Table 1 presents the results of the Team evaluation of the proposals submitted. The top two firms were ranked as follows: 1. RBF 2. L&R 1,901 Points 1,851 Points The following is a summary of how the evaluation team collectively viewed the top ranked consultant: RBF was ranked number 1 by three of the five review team members. RBF proposal presented several issues in the project approach including the discussion on the assessment of the structural integrity of the existing dry pit structure, assessment of the wet well lining and concrete walls, and the construction of a new building at ground level to house the new electrical and controls equipment, and to provide access to the pumping room below ground. Other key issues presented included the layout alternative for the new building, structural and geotechnical considerations, electrical and control systems and the odor control approach. The Quality Assurance and Quality Control (QA/QC) plan, as well as their project management procedures were excellent. The proposed Project Manger's qualifications are excellent. The support staff has the best similar and most recent project experience. The proposed project team, including sub- consultants, is well organized based on specialties and assignment of the work. In addition to these items, the following attributes formed the basis for RBF high ranking: 1. Excellent preliminary structural retrofitting alternative 2. Excellent approach to architectural features to minimize visual impacts 3. Clear presentation of project objectives, including: compliance with codes and regulations, public safety, functionality, reliability and redundancy 4. PM had significant experience with rehabilitation of pump station facilities 5. Performed well on other projects using District guidelines Fee Proposals After the final ranking of the technical proposals, the sealed fee proposals submitted by all the firms were opened. The Total Fee for Design and Construction Support Services received from the consultants arranged in the order from highest to lowest technical ranking were: RBF L&R Boyle Kennedy Jenks CGVL Total Fee (PDR/Design/CM Services) $ 990,359.00 $ 986, 162.00 $ 979,645.00 $ 1,096,599.00 $ 1,071,970.00 In order to try to bring some rationale to the submitted costs, a detailed review and analysis of the level of effort and fee proposals was requested by the Director of Engineering. From this evaluation, the Management team made two decisions: EDMS: 003763696 2 of4 8/18/2004 ' • • .. 1 . To commence negotiations with RBF to explore the possibility to reduce the Design Fees where appropriate. 2. To include in the PSA an estimated budget of$ 282,627 for engineering support services during construction, commissioning, and close-out, which will be adjusted once the actual scope and cost of construction are known. A negotiation meeting was conducted to accomplish a fee reduction of $ 48, 783 or approximately 5.0% of the original Fee Proposal presented by RBF. This reduction in fee was accomplished without any reduction in the original scope of work. Table 2 summarizes the final level of effort and fee data from the consultants including the negotiated reduced fee from RBF. Based on the data provided above plus the highest technical ranking, Staff recommends that RBF be awarded the Professional Services Agreement (PSA) for the Rehabilitation of the College Avenue Pump Station, Contract No. 7-47, for a total design fee not to exceed $ 941,576. EDMS: 003763696 3 of4 8/18/2004 FIRM Reviewer A Reviewer 8 ReviewerC Reviewer D Reviewer E TOTAL SCORE AVERAGE SCORE TABLE 1 Rehabilitation of College Avenue Pump Station Contract No 7-4 7 BOYLE CGVL KENNEDY LEE&RO JENKS 266 266 328 408 358 276 346 338 332 345 342 353 378 358 338 384 394 368 368 368 1728 1613 1722 1851 346 323 344 370 TECHNICAL RANKING 3 5 4 2 Total Hours Total Cost, $ Total Cost per hr, $/hr EDMS: 003763696 TABLE 2 Rehabilitation of College Avenue Pump Station Contract No 7-47 Boyle CGVL Kennedy Lee & Ro Engineers Jenks 5,406 5,514 5,950 8,718 979,645 1,071,970 1,096,599 986,162 181.21 194.40 184.30 113.12 4 of4 ·" RBF 352 388 343 398 420 1901 380 1 RBF 5,076 941,576 185.50 8/18/2004 • r BOARD OF DIRECTORS AGENDA REPORT Orange County Sanitation District FROM: David Ludwin, Director of Engineering Originator: Milind Joshi, Project Manager SUBJECT: BIG CANYON TRUNK SEWER REHABILITATION CONTRACT NO . 5-43-1 GENERAL MANAGER'S RECOMMENDATION Meeting Date To Bel. of Dir. 08/25/04 Item Number Item Number 16 Receive and file bid tabulation and recommendation , rejecting bid submitted by rePipe-California , Inc . dba PPR for Big Canyon Trunk Sewer Rehabilitation , Contract No. 5-43-1 , due to amount exceeding engineer's estimate . SUMMARY • On June 8, 2004 , only one construction bid was received for the Big Canyon Trunk Sewer Rehabilitation project. • The bid of $2 ,381 ,810 was substantially higher than the approved budget of $1 ,308 ,000 . • The project scope of work and the construction schedule are being reviewed and are expected to be modified in consultation with the Big Canyon Country Club and the City of Newport Beach. PRIOR COMMITTEE/BOARD ACTIONS N/A PROJECTICONTRACTCOSTSUMMARY Authorization to reject the bid is being requested and there is no cost impact as shown in the attached Budget Information Table BUDGET IMPACT D This item has been budgeted . (Line item : ) [g] This item has been budgeted, but there are insufficient funds. D This item has not been budgeted. D Not applicable (information item) Revised 06/04 /03 Page 1 ADDITIONAL INFORMATION The Big Canyon Offsite Trunk Sewer was constructed in 1968 and is approximately 7 ,500 feet in length . The sewer line is comprised of 15-inch and 12-inch vitrified clay pipe (VCP). The sewer line begins east of MacArthur Boulevard in Newport Beach and extends through Big Canyon Country Club to just west of Jamboree Road . The sewage from the Big Canyon Trunk Sewer flows into the Back Bay Trunk Sewer that runs along Back Bay Drive and eventually reaches the Bay Bridge Pump Station adjacent to Pacific Coast Highway in Newport Beach. Sewage from these lines is treated at the Orange County Sanitation District's (OCSD) Plant 2 in Huntington Beach. The original sewer line was constructed at depths between 10 and 20 feet. With the development of the Big Canyon Golf Course in 1971 , fill was added to this area that increased the depth of the sewer to over 40 feet in some areas . The District conducted a video inspection of the sewer line in December 1999. Several pipe reaches that could not be evaluated based on the 1999 inspection due to sags which caused the camera to be under water, were pumped out and re-televised in April , 2004 . Both inspections revealed defects including cracks , sags, infiltration, mineral deposits , and offset joints. Maintenance of the sewer in some areas is difficult due to the depth and inaccessibility . The District's Strategic Plan adopted in October 1999 calls for replacement/rehabilitation of the sewer line by 2009 . The District began a study of the sewer in 1999 to determine the condition of the sewer and options for replacement/rehabilitation . The lack of bidders and the high cost of the one bid received are indicative of the difficult construction conditions and the operational constraints placed on the project by the Big Canyon Country Club . Staff is reevaluating the project to determine if an alternative design can be implemented . The key stakeholders include: Orange County Sanitation District (OCSD) Big Canyon Country Club (BCCC) The Master Homeowner's Association (HOA) The City of Newport Beach (The City) ALTERNATIVES Other alternatives are being reviewed . CEQA FINDINGS This project has been determined to be exempt from CEQA under Article 19 (Categorical Exemptions), Section 15301 (d) Existing facilities , restoration or rehabilitation of deteriorated structures . A Notice of Exemption was filed on April 26 , 2004 . Revtsed 06/04/03 Page 2 .. ATTACHMENTS 1. Budget Information Table 2. Bid Tab 3. Bid Summary MJ:lc:ba H:\ntglobal\Agenda Draft Reports\Joint Boards\5-43-1 Agenda Report-071404.doc Revised: 06104/03 Page 3 1; ""1 ---~ ORIGINAL PROJECTIPHASE AUTHORIZED euoocr Pl\au 1 • Pr()jed Oevelo-nl s 12.000 s Phase 2 • Prelt""narv DMlnn s 31.000 s Phaso 3 • De1111n s 82.000 s Phas& -4 • Construction s 1.912.000 s Phau 5 • CommtSs•onmg s 141.000 s Phase 6 • C!Ose-Oul s . s Phase 7 • Conlmgency s 533,000 s PROJECT TOTAL s 2.711.000 s (Re1mbu1111ble Co$1s 'PROJECT NET 2.111.000 I s 01111an PSA CURRENT BUDGET INFORMATION TABLE BIG CANYON TRUNK SEWER REHABILITATION JOB NO. 543-1 AAOPOSEO PROPOSEO FUNDS THIS PROPOSED ESTIMATED PROJ!CT BUDG!T REVISED ~UTHORIZEOTCl AUTHORIZATION TOTAL EXPl!NDITURE INCREASE BUDGET IDEcmEASE BUDGET DATE REQUEST AUTHORIZATION TO DATE 19.000 s 19.000 s 18.907 s 18.907 s 18,907 41.000 s 41.000 s 41.000 s . s 41.000 s 40.87-4 177.000 s 177.000 s 179.000 s 179.000 s 137.906 1.471.000 s 1471.000 s 5.323 s . s 5.323 s 5.323 23.000 s 23,000 s 203 s 203 s 203 7.000 s 7.000 s . s 235.000 s 235.000 s . s 1,973,000 s . s 1,973.000 s 244,433 s . s 244.433 s 203.213 Li 1.973.ooo I s .• s 1.973.000 244.433 Is .. s 244.433 Is 203,213 . 's 32.313 . 's 32,313 Is 31,688 1,308.000 . 's 1,308.000 ESTIMATED EXPENDED TO DATE!%) 100% 1DO'M. 77% 100% 100% 83% 83% 98% June 8, 2004 11:00 a.m. ADDENDA N0.3: BID TABULATION BIG CANYON TRUNK SEWER REHABILITATION CONTRACT NO. 5-43-1 Engineer's Estimate: $1,300,215 Construction Contract Budget: $1,308,400 CONTRACTOR TOTAL BID 1. PPR $ 2,381,810 2. $ 3. $ 4. $ 5. $ 6. $ 7. $ 8. $ I have reviewed the proposal submitted for the above project and find that the bid is a responsible bid. However, since the bid price is higher than the approved construction budget and the competitiveness of the bid can't be verified as only one bid was received, I recommend that the bid be rejected and no contract be awarded at this time. 003774187 Revised 05/19/98 David A. Ludwin, P.E. Director of Engineering OCSD • P.O. Box 8127 • Fountain Valley, CA 92728-8127 • (714) 962-2411 PPR Item Approx. Qty Unit Total No. Price Price 1 1 Lump Sum tJ 1~1; tJnit#iJl##1rJ $ 300,000.00 2 1 Lump Sum $40,000.00 $ 40,000.00 3 1 Lump Sum $550.00 $ 550.00 4 1 Lump Sum $550.00 $ 550.00 5 1,713 Linear Feet $144.00 $ 246,672.00 6 1,110 Linear Feet s 144.00 $ 159,840.00 7 4,258 Linear Feet $ 159.00 $ 677,022.00 8 2 Each j j I •!!! UUlslJ $ 582,740.00 9 17 Each $ 9,432.00 $ 160,344.00 10 6 Each $ 9,432.00 $ 56,592.00 11 1 Lump Sum $ 27,500.00 $ 27,500.00 12 1 Lump Sum $40,000.00 $ 40,000.00 13 1 Lump Sum $44,000.00 $ 44,000.00 14 1 Allow $11,000.00 $ 11,000.00 15 1 Allow $ 35,000.00 $ 35,000.00 $ - $ - $ - Subtotal 1111 I I ~1! H *Add(+) or Delete(-) $ - Total :Amdunt-of Sid::•:·:·•:• .. t11n 1r; n 1~~ iJ 111tfl1 !iJ PPR $ -" ., BOARD OF DIRECTORS AGENDA REPORT Orange County Sanitation District FROM: David Ludwin , Director of Engineering Originator: Jim Herberg , Engineering Manager Meeting Date Item Num ber To Bd. of Dir. 8/25/04 Item Number 17 SUBJECT: FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ROCKY POINT PUMP STATION REPLACEMENT PROJECT, CONTRACT NO. 5-50 GENERAL MANAGER'S RECOMMENDATION Consideration of the following actions regarding environmental documentation required to approve Rocky Point Pump Station Replacement Project, Contract No . 5-50 : (1) Receive and file Final Environmental Impact Report for the Rocky Point Pump Station Replacement Project , dated June 2004, prepared by Environmental Science Associates (ESA); and (2) Adopt Resolution No . OCSD 04-23 , Certifying the Final Environmental Impact Report for Implementation of the Rocky Point Pump Station Replacement Project, Contract No. 5-50; Making Certain Findings Relating to Environmental Effects identified in the Final Environmental Impact Report; Adopting a Mitigation Monitoring and Reporting Program. SUMMARY • An engineering evaluation of the District's outlying pump stations showed that the existing Rocky Point Pump Station lacked capacity to handle future 2020 flows as identified in the 1999 Strategic Plan . The study also noted that present flows exceed the existing design capacity, requiring the use of a standby pump to meet peak flow requirements. Deficiencies related to seismic and electrical codes , safety and spill prevention were also noted . The proposed Rocky Point Pump Station Replacement, Contract No . 5-50 will correct these deficiencies. • Based on the conclusions of the initial study for the project, the District determined that an Environmental Impact Report (EIR) would be required pursuant to the California Environmental Quality Act (CEQA) to address potentially significant impacts on the environment. The District retained Environmental Science Associates (ESA) to prepare an EIR for the Project. Where appropriate , the EIR incorporates relevant analysis contained in the District's Strategic Plan Program EIR . For example , while the PEIR did not examine site specific impacts of a replacement Rocky Point Pump Station, because the need for this project was unknown at the time , the PEIR assumes that similar impacts would result for a range of collection system projects , and identifies mitigation measures that could be implemented at each site to reduce impacts . Therefore , the EIR recommends mitigation measures described in the PEIR to reduce the impacts of the Rocky Point Pump Station Replacement. Revised 06/04/03 Page 1 • District staff has received 14 comment letters on the Draft EIR from : Parklin & Woodland , Inc. (a law corporation), Orange County Bicycle Coalition , Southern California Association of Governments, Orange County Fire Authority, The California Department of Toxic Substances Control, Herb Brownell (private citizen), Rush Hill (private citizen), City of Fullerton , Hill Partnership, Inc. (Resident), Department of Transportation , City Lights Design Alliance , City of Newport Beach , County of Orange , and Vallejo Gallery. Environmental issues raised in these letters relate to the EIR 's analysis of aesthetics , hazards and hazardous material , noise , traffic , geology/soils and air quality impacts. These letters and the District's responses to environmental issues raised in these letters are found in the Final EIR. • The EIR analysis performed by ESA has concluded that for each environmental resource area (e .g . aesthetics , air quality, traffic , etc.) the project would have a less than significant impact or less than significant impact with implementation of the recommended mitigation measures. The project would have no significant and unavoidable environmental impacts during its construction or operation . PRIOR COMMITTEE/BOARD ACTIONS The Draft Environmental Impact Report (El R) for Rocky Point Pump Station Replacement Project, Contract No . 5-50, was presented to the Planning , Design, and Construction (PDC) Committee on July 1 , 2004 as an Information Only Item ; verbal report presented by David Ludwin , Director of Engineering . PROJECT/CONTRACT COST SUMMARY No budgetary action is being requested . BUDGET IMPACT ~ This item has been budgeted. (Line item: Miscellaneous & Support Projects, Supplement No. 1 to the 1999 Strategic Plan EIR, Section 8 , Page 123) D This item has been budgeted , but there are insufficient funds . D This item has not been budgeted . D Not applicable (information item) No expenditure or budget modification is being requested at this time. ADDITIONAL INFORMATION A Mitigation Monitoring and Report Program (MMRP) has been developed for the EIR to ensure that the mitigation measure recommended in the EIR will be implemented and enforced. These mitigation measures will reduce the project's potentially significant environmental impacts to a less than significant level. Re vised 06/04/03 Pag e 2 , ~ ' To address public comments received from nearby residents and local businesses about project construction (e.g. stability of bluff) and potential vibration and noise impacts, the proposed pump station would be constructed on the western portion of the site and setback from the bluff, at the present location of the two-story vacant building, 1730 West Coast Highway and the Dan Marty antique shop, 1800 West Coast Highway. This vacant building is located on the proposed pump station site, a 44,000 square foot parcel that would be purchased by the District from International Bay Clubs, Inc. upon Certification of the Final EIR by the District's Board of Directors. In November 2003, a Notice of Preparation (NOP) for the Rocky Point Pump Station Replacement Project was circulated for public review. The NOP was mailed to responsible agencies, organizations, and all individuals that expressed an interest in the project. The NOP requested that interested parties respond within 30 days with written comments and concerns related to the proposed project. The NOP comment period was established as November 8 through December 8, 2003. Eleven comment letters and five emails were received. All written comments received were considered during the development of the Draft EIR. The Draft EIR was released for public circulation in June 2004. The 45-day public review period was established as June 22 through August 5, 2004. The Draft EIR was mailed to responsible agencies, organizations, and all individuals that expressed an interest in the project. Approximately 160 Draft EIRs and 400 Notice of Availability letters were mailed. Additionally, the Notice of Availability, which directs the public to the District's website for viewing the Draft EIR, was advertised in the Orange County Register on July 4. A copy of the Draft EIR was also mailed to the District's Board of Directors on July 15, 2004. On July 20, 2004, a public hearing was conducted to obtain additional public input on the EIR; there were no agencies or members of the public in attendance and no comments were received. The District received a total of 14 comment letters on the Draft El R from Parklin & Woodland, Inc. (a law corporation), Orange County Bicycle Coalition, Southern California Association of Governments, Orange County Fire Authority, The California Department of Toxic Substances Control, Herb Brownell (private citizen), Rush Hill (private citizen), City of Fullerton, Hill Partnership, Inc. (Resident), Department of Transportation, City Lights Design Alliance, City of Newport Beach, County of Orange, and Vallejo Gallery. Three comment letters acknowledged the project, but did not raise environmental concerns about the project. The comment letter received from Department of Toxic Substances Control raised concern about compliance with hazardous waste regulations and the need for a site safety plan for construction activities. The comment letter received from the Orange County Bicycle Coalition expressed concern regarding traffic impacts to bicyclist and degradation to roads resulting from project construction. The comment letter received from Parklin & Woodland, Inc. raised concerns about surface and subsurface vibration from the operation of machinery, particularly as it applies to the hillside immediately adjacent to the proposed project and to their client's property. Parklin & Woodland, Inc. has also expressed concerns about the potential adverse impact of odors that may come from the operation of the pump station. In accordance with CEQA, District staff prepared responses to all comments received on the Draft EIR and these responses are included in the Final EIR. Revised 06/04/03 Page3 The Final EIR was circulated for a 10-day public review period, from August 10, through August 23, 2004 to those agencies/individuals who commented on the Draft EIR. A public notice of the Final EIR was filed with the County of Orange on August 9, 2004 and published in the Orange County Register on August 10, 2004. As of this writing, no additional comments have been received. In the event, comments are received on the Final EIR, they will be reported at the District's Board of Directors meeting on August 25, 2004. While CEQA does not require public review of the Final EIR, the Final EIR will be made available as a courtesy to the public ten days prior to the August 25, 2004 Board hearing. The Final EIR (which includes the District's response to comments) will also be circulated to each commenting agency to satisfy CEQA's requirement that the lead agency provide a written response to agencies that commented on the Draft El R ten days prior to the certification hearing. The Board of Directors received the Draft and Final EIR, by separate letters mailed on July 15, and mailed on August 13, respectively. If a Director needs an additional copy of either the Draft or Final Environmental Impact Report (EIR), please contact Jim Herberg at 714-593-7310. ALTERNATIVES The EIR evaluated a range of reasonable alternatives, which includes constructing the project at three different off site locations and at a different location on the project site. The EIR also considered the "No Project" Alternative, which describes what would result if this project was not implemented (e.g. no action is taken to rehabilitate or increase the pumping capacity of the existing Rocky Point Pump Station). Rehabilitation of the existing station is not possible due to the age of the facility, physical size of the station, and the inability to keep the current station running while making all repairs and improvements. As the existing equipment ages, the possibility of sewage spills and fugitive odor release would increase. These facilities would not comply with current seismic and electrical codes or address the increased risk to worker safety hazards. The 65-year old facility would continue to be at increased risk of mechanical failure associated with the existing aging equipment. CEQA FINDINGS In accordance with CEQA, District Staff has prepared the Findings of Fact and the MMRP, which are attached as Attachment A and B to the approval resolution, respectively. ATTACHMENTS 1. Resolution No. OCSD 04-23 2. Attachment A, Findings of Fact 4. Attachment B, Mitigation Monitoring and Reporting Program (MMRP) AA:sa H:\dept\agenda\Board Agenda Reports\2004 Board Agenda Reports\0804\ltem 17.Contract 5-50 EIR.doc Revised 06/04/03 Page4 .. } f RESOLUTION NO. OCSD 04-23 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR IMPLEMENTATION OF THE ROCKY POINT PUMP ST A TI ON REPLACEMENT PROJECT, CONTRACT NO. 5-50; MAKING CERTAIN FINDINGS RELATING TO ENVIRONMENTAL EFFECTS IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM. WHEREAS, the Board of Directors of the Orange County Sanitation District (District). hereinafter referred to as "'Board." is presently considering as the Lead Agency the certification of an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act for the Rocky Point Pump Station Replacement Project (Project)~ and. WHEREAS. the District proposes to construct a new wastewater pump station facility in the Newport Trunk wastewater collection system to replace the existing Rocky Point Pump Station; and, WHEREAS. District Staff has consulted with other public agencies and the general public, giving them an opportunity to comment on the Draft EIR as required by CEQA; and, WHEREAS, the Board has objectively evaluated the comments from public agencies and persons who reviewed the Draft EIR; and. WHEREAS. the comments and recommendations received on the Draft EIR. either in full or in summary, together with the District Staff's responses to significant environmental concerns raised in the review and consultation process, have been included in the Final EIR; and, WHEREAS. District Staff presented to the Board the Final EIR consisting of the Draft EIR, list of comments on the Draft EIR. and responses to the comments received on the Draft EIR for review and consideration prior to the final approval of. and commitment to, the project. NOW. THEREFORE. the Board of Directors of Orange County Sanitation District. DOES HEREBY RESOLVE. DETERMINE, AND ORDER: I. That the Board hereby certifies that the Final EIR has been completed in compliance with CEQA and the State CEQA Guidelines and that the Board has reviewed and considered the information contained in the Draft EIR as revised by the Final EIR prior to approval of. or commitment to. the project and that the Final EIR, consisting of the Draft EIR and the Response to Comments, reflects the District's independent judgment and analysis; and. RESOl.l ITION 2. The Board finds that changes or alterations have been required in, or incorporated into. the proposed Project. which avoid or substantially lessen the significant environmental effects of the project and adopts the Findings of Fact as described in Attachment A; and. 3. The District will implement the mitigation measures recommended in the EIR and the mitigation measures recommended in the Final EIR to reduce the significant impacts of the project to a less-than-significant level. 4. The Board adopts the Mitigation Monitoring and Reporting Program f 4 MMRP") as described in Attachment B to ensure that the mitigation measures are implemented; and, 5. The Board authorizes and directs the Board Secretary to file the Notice of Determination and any other documents in accordance with the requirements of CEQA and the District's CEQA procedures. PASSED AND ADOPTED at a regular meeting held on August 25. 2004. Chair ATTEST: Board Secretary -w A'rnACllMENT A I. FINAL EIR FOR THE PROJECT The Final EIR. prepared pursuant to Section I 5089 of the CEQA Guidelines. consists of the Draft EIR. comment letters received on the Draft EIR. and responses to those comments. II. THE ADMINISTRATIVE RECORD CONTENTS OF THE RECORD The following information is incorporated by reference and made part of the record supporting these findings and the actions taken by the District in certifying the Final EIR and approving the project: 1. The Final EIR and all documents relied upon or incorporated by reference in the Final EIR. 2. The Final PEIR for the 1999 Strategic Plan and all documents relied upon or incorporated by reference in the Final PEIR. including the 1999 PEIR MMRP. 3. All testimony., documentary evidence and all correspondence submitted to or delivered to the District in connection with the meetings and public hearings at which the Draft EIR or Final EIR was considered by the District. 4. All testimony., documentary evidence and all correspondence submitted to or delivered to any of the District's member districts in connection with the meetings. workshops and public hearings at which the Draft EIR or Final EIR was considered by the District's member districts. 5. All staff reports, memoranda. maps. slides. letters. minutes of meetings and other documents relied upon or prepared by District staff and consultants relating to the project. 6. Any other documents specified by Public Resources Code section 21I67.6(e). LOCATION OF ADMINISTRATIVE RECORD The District is the custodian of the administrative record. including all CEQA documents and the other background documents and materials. which constitute the record of the proceedings upon which the Board's decisions to certify the Final EIR and approve the project are based. The administrative record is located at the District's administrative offices at I 0844 Ellis Avenue, Fountain Valley. California, 92708. III. PURPOSE OF FINDINGS The Final EIR, prepared in accordance with CEQA. evaluates the significant adverse environmental impacts that could result from the project. Section 15091 of the CEQA Guidelines requires that the public agency approving or carrying out the project shall make written findings for each significant impact identified in the EIR. accompanied by a brief explanation of the rationale for each finding. These findings include one of the following: OCSD Rocky Point Pump Stnlion Replacement EIR 3 ESA / 201168 A'ITl'ACllMENT A I. Changes or alterations have been required to, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as defined in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. These findings accomplish the following: I. They address the significant environmental effects identified in the EIR for the approved project. 2. They incorporate all mitigation measures associated with these significant impacts identified in either the Draft EIR or Final EIR. 3. They explain why a significant effect is avoided or reduced by the adopted mitigation measures to a less-than-significant level. The conclusions presented in these findings are based on the initial study. the Final EIR and other evidence in the record of proceedings. IV. EFFECT OF FINDINGS To the extent that these findings conclude that various proposed mitigation measures outlined in the Final EIR are feasible and have not been modified. superseded, or withdrawn, the District hereby binds itself to implement these measures. These findings, in other words, are not merely information. The mitigation measures identified as feasible and within the District's authority to implement for the approved project are express conditions of approval which the District binds itself to upon adoption of this resolution and project approval. The Board will adopt an MMRP concurrently with these findings to ensure that the all mitigation measures will be implemented. The MMRP includes applicable mitigation measures from the MMRP developed for the 1999 Strategic Plan Program EIR in addition to the newly identified measures developed as part if the EIR process for the proposed Project. V. THE ROCKY POINT PUMP STATION REPLACEMENT PROJECT The District proposes to purchase the four adjacent parcels to construct the new pump station. All four parcels would be purchased since the parcels are being offered for sale together rather than individually. The property is located on the north side of West Coast Highway from 1700 through 2000. The property is located in the City of Newport Beach and totals approximately 44,000 sf of which 22,000 sf is buildable. The property is presently occupied by commercial land uses, a portion of the City's ''Pelican Wall.,. and an unbuildable slope area. The commercial land uses consist of four buildings: H&S Yacht Sales ( 1700 West Coast Highway), a two-story vacant OCSD Rocky Point Pump Station Replacement EIR 4 ESA / 201168 ATHAClll\IENT A office building ( 1730 West Coast Highway), and Dan Marty Antique Shop ( 1800 West Coast Highway) with adjoining parking lots. The on site buildings may continue to be leased or may be demolished if necessary to make room for construction. The Pelican Wall that is owned and maintained by the City of Newport Beach will remain undisturbed. The new underground pump station will be constructed on approximately I 0,000 sf on the developed portion ofthe site at 1730 and 1800 West Coast Highway, the site of the vacant building and Dan Marty Antique Shop. The remaining usable area on the site, approximately 12,000 sf, may be used for District parking or leased in the future. The new station will have a designed pumping capacity of up to 23.6 mgd. The increase in design capacity is due to the reconfiguration of the force main network. The four principal pump stations currently operate para) lel to one another and pump to a common force main network. The new configuration will operate the pump stations in series. Bay Bridge ( 17. 70 mgd), Rocky Point (5.84 mgd), and Lido (4.90 mgd) will pump to Bitter Point Pump Station. Bitter Point (12.56 + 17.70 + 5.84 + 4.90 mgd) will pump to Treatment Plant No. 2 (Fig. 1-2). The new configuration will allow the District to shut down one of the two force mains beneath PCH that make up the force main network. This will provide the District with flexibility to clean lines, make repairs, replace valves, etc., without risk of a sewage spill. The new Rocky Point Pump Station will consist of a below ground wet well and pump room, an above ground, 640 square foot, electrical control building and an above ground 150 square foot standby emergency generator building/room adjacent to the electrical building. The above ground facilities are located above and within the approximately 1.400 square foot footprint of the underground wet well and pump room. The wet well/pump room will house up to six pumps. A new half circle driveway with two curb cuts on West Coast Highway would provide access to the new pump station facility. The project also requires reconfiguration of the discharge force main piping due to the abandonment of the existing pump station and the need to connect the new pump station to the existing pipeline network. This work will require some limited Jane closures in West Coast Highway for approximately four (4) to six (6) week. The District estimates that the construction period for all components of the project would last approximately 17 months, beginning in August 2006 and ending in December 2007. VI. FINDINGS CONCERNING SIGNIFICANT IMPACTS REDUCED TO LESS THAN SIGNIFICANT LEVELS BY MITIGATION MEASURES INCORPORATED INTO THE PROJECT The Final EIR identifies significant impacts that are reduced to a "less-than-significant'' ]eve] by the inclusion in the project approval of the mitigation measures identified in the Final EIR. These measures will avoid or substantially lessen the significant environmental effects identified in the Final EIR to a less than significant level. These changes and alterations are presented in the MMRP, which the Board is adopting concurrently with these findings. OCSD Rocky Po1111 Pump Station Replacement EIR 5 ESA I 20 11<,8 ATn'ACllMENT A AESTHETICS A. Facts I. The EIR discusses aesthetic impacts in Section 3.1. According to the EIR. removal of the existing structures on the proposed Project site would modify the visual character of the project site and its surroundings. While there is a possibility that the District will continue to lease one or more of the existing buildings on site. for purposes of evaluating potential aesthetics impacts, the EIR assumes that the existing buildings on the site would be removed. The project also entails new construction of two above ground structures: a 640 sf electrical control building and an adjacent 150 sf standby generator building. If the buildings were demolished, the remaining usable area on the site would be approximately 12,000 sf and may be utilized for District parking. 2. The project site is also located within the Mariners Mile Specific Plan area and is subject to the Mariners Mile Strategic Vision and Design Framework. To ensure that the new structures and proposed landscaping are consistent with these standards, the EIR identifies mitigation measure M-3 .1-1. which requires the District to retain a qualified architect to design the architectural and landscaping plan to be compatible with the Mariner's Mile Strategic Vision and Design Framework. This mitigation measure will ensure that project impacts on the visual character of the site and its surroundings will be less than significant. 3. The project site is currently developed with four (4) existing commercial buildings and related parking that generates a certain level of nighttime lighting. These existing uses would be removed and replaced with a less intense pump station facility, which includes above ground structures that total approximately 790 square feet. While the project would require nighttime lighting similar to the existing uses. the only proposed nighttime lighting is low-intensity security lighting associated with the aboveground facility. The lights would be shielded to prevent shining up toward the houses on the cliff top behind the site. The security lighting would be similar to that of the adjacent business district along West Coast Highway. The District will install motion sensors to control the lights when the station is unmanned. 4. The EIR identifies mitigation measure M-3.1-2, which requires that all permanent exterior lighting that is installed on the new project site shall be designed in accordance with the Mariner's Mile Strategic Vision and Design Framework. Motion sensors shall be installed to control the lights when the station is unmanned. B. Findings: This Board finds that: I. The recommended mitigation measures in the EIR are adopted. These measures will mitigate the aesthetic impacts of the project to less-than-significant levels. AIR QUALITY A. Facts I. The EIR discusses air quality impacts in Section 3.2. According to the EIR, construction of the proposed Project would emit criteria pollutants including dust generated from excavation. exhaust emissions from powered construction equipment, and motor vehicle emissions associated OCSD Rocky [>oinl Pump Station Rt:placcmcnt EIR 6 ESA I 2011<>8 AnTAClll\IENT A with construction activities. However. estimated project construction emissions would be below the significance thresholds set by the South Coast Air Quality Management District (SCAQMD). Therefore. project construction emissions would have a less than significant air quality impact. Nonetheless, the EIR recommends implementation of mitigation measures identified in the 1999 PEIR MMRP to further minimize construction emissions. 2. The EIR identifies mitigation measure 7.5-la. 7.5-lb, and 7.5-lc (identified in the 1999 PEIR). These measures reduce the volume of pollutant emissions from the construction site and include implementation of a dust abatement program to reduce fugitive dust emissions and lessen impacts on nearby sensitive receptors, equipment maintenance and operational restrictions (e.g. no operation during second stag smog alerts, engine shut off during loading and unloading activities, etc.) 3. According to the EIR. excavation could release naturally occurring objectionable odors. Objectionable ••rotten egg'· odors are known to emanate from the soils in the project vicinity. A soil gas survey was conducted on the site in January 2004. The survey concluded that methane and hydrogen sulfide (H 2S) gas exist in soils beneath the site. Excavation could potentially release trapped H2S odors. which may be objectionable to land uses in the vicinity. With completion of the pump station, the condition would return to its pre-construction state. 4. The EIR identifies mitigation measures M-3.2-1 and M-3.2-2 to confine offensive odors to the project site. These measures require contractors to cover excavated soils and pits that emit odors with plastic sheeting. Contractors must also remove the soils from the construction area within a few days to prevent significant stockpiling of odor emitting soils. In addition. the underground gas collection systems will include an odor control mechanism to filter any naturally occurring adverse odors. B. Findings: This Board finds that: I. The recommended mitigation measures in the EIR are adopted. These measures will mitigate the air quality impacts during project construction to less-than-significant levels. CULTURAL RESOURCES A. Facts I. The EIR discusses cultural resources impacts in Section 3.4. According to the EIR, implementation of the proposed Project could affect unknown or poorly recorded, potentially significant prehistoric and historic resources. 2. The EIR identifies mitigation measure M-3.4-1, which requires that ""provisions for historical or unique archaeological resources accidentally discovered during construction'' shall be instituted. If archaeological resources are uncovered, the District shall instruct its contractors to halt construction activity within 50 feet of the find and immediately notify the District about the find. The District shall then retain a qualified archaeologist who must assess the find and develop a mitigation plan that ensures that the resources are removed from the site or otherwise protected on-site. OCSD Rocky Point P111111l Station l{cplilccmcnl EIR 7 ESA / 201161< ATrrACllMENT A 3. According to the EIR. the proposed Project may damage or degrade unidentified paleontological remains. The probability of encountering intact significant vertebrate paleontological resources in this area is low. Nonetheless, large quantities of invertebrate fossils have been found in the East Newport Bluffs. 4. The EIR identifies mitigation measure M-3.4-2. which requires that in the event of an unanticipated discovery of a fossil during construction. the District shall instruct its contractors to halt construction activity within 50 feet of the find and immediately notify the District about the find. The District shall then retain a qualified paleontologist, who must assess the find and develop a mitigation plan that ensures that the resources are removed from the site or otherwise protected on site. B. Findings: This Board finds that: I. The recommended mitigation measures in the EIR are adopted. These measures will mitigate the cultural resources impacts during project construction to less-than-significant levels. GEOLOGY AND SOILS A. Facts I. The EIR discusses geology and soils impacts in Section 3.5. The project requires excavation to accommodate the below ground wet well and pump room and related facilities. According to the EIR. the proposed Project could expose structures to potential adverse effects due to earthquake-induced landslides. According to the California Geological Survey geologic seismic hazard maps. the slope on the project site is located in an earthquake-induced landslide area. Slopes on the project site are approximately 4 to I (horizontal to vertical), composed entirely of relatively weak geologic materials (alluvium) with a high erosion hazard. Due to location of the project site in a seismically active region and its proximity to an adjacent slope, the District retained Diaz Yourman & Associates, a geotechnical engineering firm, to assess the potential geology and soils impacts of the project (see "Geotechnical Investigation Rocky Point Pump Station Replacement Project, Newport Beach," dated April 27. 2004) (4~Geotechnical Report"). Diaz Yourman concluded that the project would not increase the risk of slope failure and recommended construction techniques to ensure that the slope would be adequately protected. 2. The EIR identifies mitigation measure M-3.5-1, which requires the District to incorporate recommendations from the Geotechnical Report into the design and construction of the proposed facilities. 3. According to the EIR, new structures will be subject to strong ground shaking during an earthquake. The region is seismically active, and any new development is subject to seismic ground shaking hazards. 4. The EIR identifies mitigation measure M-3.5-2, which requires the District to design the proposed facilities for the seismic design parameters identified in the Geotechnical Report in accordance with applicable requirements of the Uniform Building Code (UBC). OCSD Rocky Point Pump Station Rcpluccmcnl EIR 8 ESA/201 H,8 ATITACllMENT A 5. According to the EIR. the proposed Project could be underlain by corrosive soils that could compromise the integrity of buried structures. The geotechnical investigation identified potentially corrosive soils and recommended that further a corrosion specialist be consulted. 6. The EIR identifies mitigation measure M-3.5-3., which requires the District to consult a corrosion specialist to determine suitable materials or construction methods that are appropriate for corrosive soil conditions on the site in accordance with applicable UBC standards. The District shall utilize recommended materials to ensure adequate protection of underground piping. B. Findings: This Board finds that: I. The recommended mitigation measures in the EIR are adopted. These measures will mitigate geology and soils impacts to less-than-significant levels. HAZARDS AND HAZARDOUS MATERIALS A. Facts I. The EIR discusses hazards and hazardous materials impacts in Section 3.6. This section is based on numerous site investigations conducted by Environmental Support Technologies. According to these reports. which are referenced and summarized in Section 3 .6 of the EIR. project construction activities could encounter soils and groundwater containing naturally occurring petroleum hydrocarbons. 2. The EIR identifies mitigation measures M-3.6-1 and M-3.6-2 to ensure that soils and groundwater containing naturally occurring petroleum are properly removed from the site to avoid any potential health and safety impact. These measures require the District to collect soil samples from excavated soil to adequately characterize levels of petroleum hydrocarbons in the soil. If sample results exceed 1.000 mg/kg TPH. the soil will be disposed of as petroleum- contaminated waste in accordance with applicable regulations. The District must also comply with its own source-control requirements prior to discharging groundwater as part of the construction dewatering process into the sanitary sewer. 3. According to the EIR, construction activities could encounter hazardous levels of methane and H2S. A soil gas survey conducted in January 2004 identified elevated levels of methane and H2S in samples collected five feet below ground surface near the H&S Yacht facility. 4. The EIR identifies mitigation measures M-3.6-3. M-3.6-4., M-3.6-5. M-3.6-6. M-3.6-7. and M-3.8-8, which requires the District to implement methane and H2S monitoring and control strategies during construction. During excavation activities. gas emissions will be continually monitored to ensure that levels do not exceed pre-established hazardous and toxic gas reaction thresholds. If these thresholds are reached during excavation, the District must halt work immediately and construction personnel shall exit the site until gas emission levels are reduced to a safe level. The District will develop measures to reduce gas emissions that could include installing an active excavation gas extraction (ventilation) system during construction. OCSD Rocky Point Pump Station Replacement EIR 9 ESA / 201 IC•R ATrl'AClll\IENT A The District must also ensure that open excavation areas that emit odors will be covered during non-work hours and removed from the construction areas within a few days of excavation. The District will notify the Orange County Health Care Agency of remedial actions. To reduce the risk of explosion and firs. all equipment used on-site during excavation activities must be equipped with spark-arrestors. In addition. the work area including the excavation sides will be watered down to aid in suppressing odor and vapor emissions and to further reduce the risk of explosion and/or toxic vapor exposure; The District will notify property owners within a 500-foot radius of the site of the construction schedule. The notification will provide an explanation of what causes the naturally occurring odors and will provide a number to call to report objectionable odors. Finally. prior to construction. the District shall prepare a Site Safety Plan for construction activities. 5. According to the EIR. hazardous levels of methane and H2S could accumulate under the new pump station or seep into the wet well. causing explosion and toxicity hazards. Improperly designed subsurface construction could result in an explosion hazard. In addition. toxic gasses in soils could seep into the pump station if improperly designed. Gas collection and venting systems as well as vented gas treatment systems would be required to comply with all SCAQMD Rules and may require emissions permits depending on the type of systems employed and the concentrations of gasses emitted. 6. The EIR identifies mitigation measures M-3.6-9. M-3.6-10, M-3.6-11. and M-3.6-12, which require the implementation of a venting system and other controls to reduce the risk of human exposure to elevated levels of methane and H2S. These measures specifically require the District to: • ensure that all structures built on the subject site are designed for protection from gas accumulation and seepage, based on recommendation of a geotechnical engineer or other qualified consultant; • ensure that buildings on the subject site will be constructed with passive or active gas collection systems under the foundations; • ensure that all buildings on the subject site will be equipped with methane. H2S. and oxygen sensors. Such sensors will be installed in areas of likely accumulation. such as utility or other seldom-used rooms. Sensors shall monitor on a continuous basis, and shall be tied into fire alarm systems for 24-hour surveillance; • ensure that utility or other seldom-used service or storage rooms are serviced by the buildings central conditioning system (or an otherwise positive ventilation system that circulates and replaces the air in such rooms on a continuous basis). 7. According to the EIR. structures to be demolished/removed may contain lead paint and/or asbestos-containing materials. Construction of the new pump station may require existing structures on the proposed Project site to be demolished. Air emissions regulations require that lead based paint and asbestos containing materials are removed prior to demolition. OCSD Rocky Point Pump Station Rcplaccmcnl EIR IO l:SA / 201168 AlTJ'ACllMENT A 8. The EIR identifies mitigation measure M-3.6-13. which requires that structures to be demolished or removed will be investigated for the presence of lead paint or asbestos-containing material, and proper precautions will be taken for safe removal and disposal of these materials prior to demolition activities. B. Findings: This Board finds that: I. The recommended mitigation measures in the EIR are adopted. These measures will mitigate hazards and hazardous materials impacts to less-than-significant levels. HYDROLOGY AND WATER QUALITY A. Facts I. The EIR discusses hydrology and water quality impacts in Section 3.7. According to the EIR, construction activities could adversely impact storm water runoff quality if not properly managed. Prior to construction. preparation of a Storm Water Pollution Prevention Plan to minimize impacts from storm water to local receiving water would be required for compliance with the Statewide National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities. 2. The EIR identifies several mitigation measures that must be implemented during project construction to ensure that stormwater generated from the site during rainstorms will not adversely affect water quality. The EIR identifies mitigation measures 7.7-la, 7.7-lc, 7.7-ld, 7.7-Je, and 7.7-lffrom the 1999 PEIR, which will also reduce this project's water quality impacts to a level of insignificance. These measures require: • implementation of Best Management Practices to prevent erosion and sedimentation to avoid significant adverse impacts to surface water quality; • coordination with the Orange County Public Facilities and Resources Department (Orange County Flood Control District) Planning Section to ensure compatibility and joint use feasibility with existing and future projects; • incorporation into contract specifications that the contractor(s) enforce strict on-site handling rules to keep construction and maintenance materials out of receiving waters; • incorporation into contract specifications that the contractor(s) prepare a Spill Prevention, Control, and Countermeasure Plan. The plan would include measures to be taken in the event of an accidental spill. and; • incorporation into contract specifications that the construction staging areas be designed to contain contaminants such as oil, grease, and fuel products so that they do not drain towards receiving waters or storm drain inlets. 3. According to the EIR. the construction of the proposed Project would require the disposal of groundwater during the dewatering process. As noted in the EIR. the site contains a certain OCSD Rocky Poinl Pump Station Replacement EIR 11 ESA/ 2011<>8 ATITAClll\IENT A level of naturally occurring petroleum hydrocarbons and metals. The District would not discharge groundwater into the local storm drain system. Instead, the extracted water will be discharged into the sanitary sewer and treated accordingly. In accordance with the District's source control ordinance. pretreatment of the groundwater may be required prior to discharge into the sanitary sewer system. 4. The EIR identifies mitigation measure M-3. 7-1, which requires that prior to dewatering activities. the District shall evaluate the potential water quality from dewatering at the site and impose source control restrictions if necessary based on the existing source control program. These restrictions could include pretreatment to remove some contaminants prior to discharging to the sanitary sewer. B. Findings: This Board finds that: I. The recommended mitigation measures in the EIR are adopted. These measures will mitigate hydrology and water quality impacts to less-than-significant levels. NOISE A. Facts 1. The EIR discusses noise impacts in Section 3.9. According to the EIR, construction of the proposed Project would temporarily (over an approximately 17-month period) generate high noise levels that could adversely affect sensitive noise receptors. However, construction activity will be restricted to the least noise sensitive daytime hours per the City of Newport Beach noise ordinance. Construction activity is prohibited between 6:30 p.m. and 7:00 am on weekdays, between 6:00 p.m. and 8:00 a.m. on Saturday, all day Sunday and on federal holidays. (City of Newport Beach Municipal Code Section I 0.28.040 ··construction Activity--Noise Regulations.'·) This construction restriction is reflected in Mitigation Measure M-3.9-2. 2. The EIR also identifies mitigation measures M-3.9-1 and M-3.9-3. Measure M-3.9-1 requires the District to periodically inspect construction equipment on site to ensure that the equipment is properly muffled and in good operating condition. M-3.9-3 requires the District to notify sensitive receptors within I 00 feet the Project construction activities concerning the Project timing and construction schedule. and provide a phone number to call with questions or complaints. B. Findings: This Board finds that: I. The recommended mitigation measures in the EIR are adopted. These measures will mitigate temporary construction noise impacts to less-than-significant levels. TRAFFIC A. Facts OCSD Rocky Point Pump St:t11tm Repluccmcnl EIR 12 ESA I 20 I 1<18 ATITACHl\IENT A I. The EIR discusses traffic impacts in Section 3.10. According to the EIR. implementation of the proposed Project would require lane closures on West Coast Highway during construction activities. which would temporarily reduce roadway capacity. Lane closures may last between four and six weeks. which is the District's estimated timeframe to install the necessary piping to connect the new pump station to the exiting network on pipelines. Prior to any construction occurring within the West Coast Highway right-of-way. the District must apply for and obtain an encroachment permit from Caltrans. As part of this encroachment permit application. a Traffic Management Plan (TMP) would be prepared in conformance with Caltrans requirements for permitting. The TMP would identify lane closure procedures. emergency access routes. and bike path detour routes. According to the District's construction personnet the District will maintain one lane of access in each direction at all times during work in the right of way. In addition, based on the District's prior experiences with Cal Trans and encroachment permit conditions, the District anticipates that construction activity within the right-of-way would be limited to the hours of 9:00 am to 3:00 p.m. or off-peak, non-rush hour. traffic periods. Therefore, lane closures are not expected to disrupt traffic flows during the busiest a.m. peak (6:00-9:00) and p.m. peak (3:00-6:00) hour traffic periods. Finally, at the end of each construction day, steel plates will be placed over unfinished trenches and all lanes will be reopened to accommodate traffic flows. 2. According to the EIR, implementation of the proposed Project would restrict access to businesses from West Coast Highway during construction. Preparation of a TMP. as required by Caltrans, would minimize traffic and pedestrian hazards. maintain access to businesses, and keep public streets operational during construction. The TMP would provide for pedestrian access and parking access during business hours to the extent feasible for businesses blocked by trenching activities. However. parking lots of some businesses could be temporarily blocked for short periods of time as described above, and parking on West Coast Highway would be reduced for up to four weeks. 3. The EIR identifies seventeen mitigation measures (7. 1-1 a through 7.1-1 e, 7 .2-1 a through 7.2-1j. and 7.2-11through7.2-1n) that were also identified in the 1999 PEIR to reduce the temporary inconvenience to motorists during construction within West Coast Highway and other construction related traffic impacts to a level of insignificance. These measures require the District to: • comply with local ordinances and restrict construction activities to daylight hours or as specified in encroachment permits: • post notices or provide notification of construction activities to adjacent property owners (including homeowners and adjacent businesses) at least 72 hours in advance of construction and provide a contact and phone number of a District staff person to be contacted regarding questions or concerns about construction activity~ • coordinate with officials of adjacent fire station., the Fountain Valley Regional Hospital as well as other hospital to ensure that 24-hour emergency access is available: • minimize disruption of access to driveways to adjacent land uses, the District or its contractor(s) shall maintain steel-trench plates at the construction sites to restore access across open trenches. Construction trenches in streets will not be left open after work hours: OC'SD Rocky Puint Pump Stt1l1011 Rcplaccmcnl EIR 13 ESA 1201168 • provide temporary signage indicating that businesses are open; • retain a qualified professional engineer to prepare traffic control plans prior to the construction phase of each sewer line project as implementation proceeds; • ensure that traffic control plans consider the ability of alternative routes to carry additional traffic and identify the least disruptive hours of construction site truck access routes. and the type and location of warning signs. lights and other traffic control devices. Consideration will be given to maintaining access to commercial parking lots. private driveways and sidewalks. bikeways and equestrian trails. to the greatest extent feasible; • ensure that encroachment permits for all work within public rights-of-way are obtained from each involved agency prior to commencement of any construction; • ensure that traffic control plans comply with the Work Area Traffic Control Handbook and/or the Manual of Traffic Controls as determined by each affected local agency, to minimize any traffic and pedestrian hazards that exist during project construction. • ensure that the construction technique includes consideration of the ability of the roadway system to carry traffic volumes during project construction; • ensure that public streets to generally be kept operational during construction, particularly in the morning and evening peak hours of traffic. Lane closures will be minimized during peak traffic hours; • ensure that public roadways are restored to a condition mutually agreed to between the District and local jurisdictions prior to construction; • attempt to schedule construction of facilities to occur jointly with other public works projects already planned in the affected locations. through careful coordination with all local agencies involved; • coordinate with emergency service purveyors. Additionally, measures to provide an adequate level of access to private properties shall be maintained to allow delivery of emergency services; • contact OCT A when construction affects roadways that are part of the OCT A bus network; • provide detours to locally designated trails and bikeways. as found in the County's Master Plan of Regional Riding and Hiking Trails (RRHT) and Commuter Bikeways Strategic Plan (CBSP) as appropriate; • submit construction plans that could potentially impact regional riding and hiking trails or Class I bikeways to the County's Division of Harbors. Beaches and Parks/Trails Planning and Implementation for review and approval prior to project construction activities, and; • restore regional Riding and Hiking Trails and Class I Bikeways impacted by construction activities to their original condition after project construction. OCSO Rocky Point Pump S1a1ion Rc:placcmcnl EIR 14 ESA / 201168 ; A.ITl"AClll\IENT A 4. In response to comments on the EIR. the District has added two new mitigation measures to the EIR. M-3.10-2 and M-3.10-3. to further reduce potential construction traffic impacts. M- 3.10-2 requires the District to post signage along West Coast Highway two weeks prior to any proposed lane closure to provide motorist with an opportunity to consider alternative routes to West Coast Highway. M-3.10-3 prohibits lane closures between Memorial Day and Labor Day of any given calendar year or during the week of the Boat Parade. which is typically one week long during mid-December. These measures will further ensure that temporary traffic impacts during construction will be less than significant. B. Findings: This Board finds that: I. The recommended mitigation measures in the EIR are adopted. These measures will mitigate traffic impacts to less-than-significant levels. VII. FINDINGS CONCERNING IDENTIFIED IMPACTS TBA T WERE DETERMINED TO BE LESS THAN SIGNIFICANT WITHOUT NEEDING TO IDENTIFY MITIGATION MEASURES The Final EIR identifies impacts that are considered to be "less than significant" not requiring mitigation measures. It is hereby determined that these environmental impacts of the project will be less than significant. AIR QUALITY A. Facts I. The Final EIR analyzes potential air quality impacts in Section 3.2. According to the EIR, new air pollutant emissions during project operation would be minimal and limited solely to the periodic testing of the emergency generator. In order to ensure system reliability, the new pump station will be equipped with an emergency generator. The emergency generator will be diesel-powered. and will be tested periodically to ensure proper functioning. The periodic testing of an emergency generator will not contribute significantly to air emissions in the region. The projected emissions are well below the SCAQMD significance thresholds. Routine maintenance and inspections will be similar to activity that the District currently undertakes at the existing pump station. Therefore, there would no net increase in emissions above current maintenance and inspection vehicles emissions. B. Findings The Board finds that: I. Project operation will have a less than significant impact on air quality. OCSD Rocky Point Pump S1a1io11 Rcplaccmcnl EIR 15 ESA 12011<•8 ATn"AClll\IENT A BIOLOGICAL RESOURCES A. Facts I. The Final EIR analyzes potential biological resources impacts in Section 3.3. Project construction will take place mostly on existing developed and paved areas. The proposed Project will require construction of a retaining wall at the toe of the vegetated slope and may remove some vegetation on the bottom portion of the slope. The hillside is partially vegetated with landscape plants. Based on the results of the literature review and field reconnaissance of the site, neither the project site nor adjacent hillside support habitat of sufficient quality to be used by special status plant or wildlife species. Neither construction activities nor operation of the proposed Project will adversely affect sensitive or special-status species or modify sensitive habitat. B. Findings The Board finds that: I. Project construction will have a less than significant impact on biological resources. GEOLOGY AND SOILS A. Facts 1. The EIR analyzes potential geology and soils impacts in Section 3.5. According to the EIR, the proposed Project could expose structures to potential adverse effects due to liquefaction. The Geotechnical Report analyzed the potential liquefaction and lateral spreading risk on site. The results of the analysis indicate that subsurface soils are not susceptible to substantial liquefaction. The report further concludes that the potential for liquefaction-induced lateral spreading is low at the site. 2. According to the EIR, the proposed Project could result in substantial soil erosion or Joss of topsoil. However, most of the construction would take place on the flat portion of the site. which is less susceptible to erosion. During construction, the District will comply with erosion and sediment control measures in accordance with the NPDES Storm Water Discharge General Penn it for Construction Activities. Through the implementation of proper construction techniques and practices, the impacts associated with soil erosion will be reduced to less-than- significant levels. 3. According to the EIR, the proposed Project could expose structures to potential adverse effects due to rupture of a known earthquake fault. However, the site is not located in a specific Alquist- Priolo Fault Rupture Hazard Zone. Also~ no onshore surface fault rupture has occurred in historic time (since 1769) on the Newport-Inglewood fault zone. This evidence supports the determination that there is a low risk of surface fault rupture at the proposed Project site. B. Findings The Board finds that: OCSD Rocky Poinl Pum1> Stalion Rcplacc111e111 EIR 16 ESA I 2011<18 A"ITfAClll\IENT A I. Project construction and operation will have a less than significant impact on geology and soils. HYDROLOGY AND WATER QUALITY A. Facts I. The EIR analyzes potential hydrology and water quality impacts in Section 3.7. According to the EIR. the proposed Project could be subject to inundation by tsunami or seiche. Tsunamis are a potential hazard at this site due to the close proximity of the coast and low elevation. Orange County has not experienced a tsunami of magnitude greater than high storm tides. however the coastal area is subject to potential tsunami damage when combined with high tides. The offshore islands provide some protection to the coastline from the impacts of tsunamis originating from distant seismic events. According to the City of Newport Beach Public Safety Element of the General Plan. seiches do not represent a potential hazard to public safety and the chances of major damage from tsunamis are negligible for inland bays. The project will not increase the public hazard from potential tsunami. 2. The Project would also have a less than significant impact on water quality once operational. Design features have been incorporated into the project that prevent the discharge of stormwater runoff into the local storm drains. Instead. stormwater will retained on site. discharged into the underground wet well. and ultimately sent along with sewage flows to Treatment Plant No. 2 for treatment. B. Findings The Board finds that: I. Once operational. the project will have a less than significant water quality impact and would not increase the public hazard from a potential tsunamis and seiches. LAND USE A. Facts I. The EIR analyzes potential land use impacts in Section 3.8. According to the EIR. construction and operation of the proposed Project would be consistent with existing land use plans. policies. and regulations including zoning designations. The site is surrounded by commercial properties with residential properties and a park located atop the bluff that runs along the northern half of the site. The project will not physically divide an established community. Implementation of the proposed Project will not conflict with existing or planned land uses. Furthermore. architectural design and landscaping plans will comply with Mariner's Mile Strategic Vision and Design Framework. The Project will not conflict with the requirements of the Local Coastal Program and a Local Coastal Development permit would not be required. 2. According to the EIR. construction and operation of the proposed Project will be required to comply with habitat conservation plans or natural community conservation plans. Although the project site is located within the boundary of the Central/Coastal Orange County NCCP area. no (}('SD Rocky Poinl Pump Slalion Replacement EIR 17 ESA I 20 I l<iR A'ITf'AC:lll\IENT A special status habitat that is part of a conservation plan exists at the project site. Neither the Project site nor the adjacent hillside support special status plant or wildlife habitats. Neither construction activities nor operation of the proposed Project will adversely affect sensitive or special-status species or modify sensitive habitat. No conflict with the NCCP will occur as a result of the project. B. Findings The Board finds that: I. Project construction and operation will have a less than significant impact on land use. NOISE A. Facts I. The EIR analyzes potential noise impacts in Section 3.9. According to the EIR, operation of the proposed Project could generate noise. However. occasional daily visits would add minimal vehicle noise. The principal noise source in the area during day and nighttime hours is West Coast Highway. The pump station will be designed to minimize noise generation. such that no noise will be audible during nighttime hours on adjacent properties. The pumps will be housed underground in a concrete structure. No noise will be generated by routine operations of the pump station that could be heard on neighboring properties. 2. According to the EIR, the proposed Project could expose persons to. or generate, excessive groundbome vibration during construction. Vibration could be caused by heavy equipment such as excavators and dozers. No pile driving or vibratory piles will be used during construction. The vibration resulting from vehicle movement and excavation would be temporary in nature, occurring only during certain phases of the project such as demolition, excavation, and grading. Any vibration caused by the project would not be steady from stationary sources. but rather intermittent associated with heavy vehicles. The proposed Project would not generate vibrations that approach the damage thresholds for residential commercial buildings. Therefore, vibrations will not cause damage to off-site structures or create temporary nuisance conditions to sensitive land uses. B. Findings The Board finds that: I. Noise and vibration generation during construction will have a less than significant impact on neighboring receptors. TRAFFIC A. Facts OC'SD Rocky Poinl l'ump Slnlion Replilcement EIR 18 ESA / 201168 A.ITl'AClll\mNT A I. The Final EIR analyzes potential traffic impacts in Section 3.10. According to the EIR. the project will add temporary construction traffic to local roadways. Vehicle traffic associated with construction of the project would include material deliveries, soil removal, and construction worker commute to the site. The temporary contribution of construction traffic will not affect the current level of service for any intersections. B. Findings The Board finds that: I. Project construction will have a less than significant impact with regards to traffic. VIII. FINDINGS CONCERNING ALTERNATIVES A. NO PROJECT ALTERNATIVE Under this alternative. the District would take no action to increase the pumping capacity of the existing Rocky Point Pump Station. The existing commercial uses on the site would continue to operate and the existing pump station would remain in place. The Board finds that this alternative is infeasible and less desirable than the proposed Project and rejects this alternative for the following reasons: I. The No Project Alternative would not accommodate the projected increase in wastewater flows or facilitate the new pump system reconfiguration in the Newport Trunk. 2. As the existing equipment ages, the possibility of sewage spills and fugitive odor releases would increase under the No Project Alternative. 3. The existing facilities do not meet current seismic building and electrical code requirements and could pose worker safety hazards (Lee & Ro. Replacement of the Rocky Point Pump Station. Contract 5-50 Draft Site Study Report. October 2003, p. I 0). B. ALTERNATIVE SITE I (OCC PARKING LOT) Under this alternative~ the pump station would be located in the parking lot of the Orange Coast School of Sailing and Seamanship west of the existing pump station on the coastal side of West Coast Highway adjacent to the Lido Isle Reach of the Newport Bay. The Board finds that this alternative is infeasible and less desirable than the proposed Project and rejects the alternative for the following reasons: I. The small size of the available property would limit the maintenance capabilities at the station since parking for maintenance vehicles would not be available. 2. The pump station would exacerbate the parking shortage at the Sailing School by permanently removing parking and constrain public access. According to a comment letter on the EIR. sent by a representative ofOCC. the intensity of use of the site already places great strains on the carrying capacity for use of the site. particularly in terms of public access and parking. (Letter from K. Smith to A. Anderson. dated August 5. 2004. OCSD Rocky Point Pump Station Rcplaccmcnl EIR 19 ESA / 20l IC18 NV'ld DNLL"}!Od3"}1 ONV DNIBOl.INOW NOLL VDlLIW H LN3Ji\IH3V LLV AITACHMENT B-MITIGATION AND MONITORING PROGRAM ETR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT AESfiETICS ORANGE COUNTY SANITATION DISTRICT MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ROCKY POINT PUMP STATION REPLACEMENT PROJECT Impact 3.1-1: The proposed project would modify the existing visual character of the site. Measure (M-3.1-1) The District shall retain a qualified architect to design the architectural and landscaping plan to be compatible with the Mariner's Mile Strategic Vision and Design Framework. IMPLEMENTATION PROCEDURE 1. Retain a qualified architect to assist with structure's exterior design and landscaping. MONITORING AND REPORTING MONITORING ACTIONS RESPONSmlLITY Monitor compliance with architectural OCSD contract specifications. Record compatibility with the Mariner's Mile Strategic Vision and Design Framework. Impact 3.1-2: The project couJd create a new source of nighttime light which could adversely affect neighboring land uses. MONITORING SCHEDULE Prior to construction activities. Measure (M-3.1-2) All pennanent exterior lighting that is installed on the new project site shaJJ be designed in accordance with the Mariner's Mile Strategic Vision and Design Framework. Motion sensors shall be installed to control the lights when the station is unmanned. B-1 IMPLEMENTATION PROCEDURE 1. Design all pennanent exterior lighting in accordance with the Mariner's Mile Strategic Vision and Design Framework. Include in contract specifications. 2. Include motion sensors in design to control the lights when the station is unmanned. Include in contract specifications. AIR QUALITY MONITORING AND REPORTING ACTIONS Monitor compliance with architectural contract specifications. Record compatibility with the Mariner's Mile Strategic Vision and Design Framework. Monitor post-construction compliance with contract specifications. AITACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT MONITORING RESPONSmILITY OCSD MONITORING SCHEDULE Prior to and during construction activities. Impact 3.2-1: Construction of the proposed project would emit criteria pollutants. Estimated daily average construction emissions would not exceed significance thresholds set by the SCAQ'MD. Measure (7.S-la in the PETR) Dust Control. The District shall require the contractors to implement a dust abatement program that would reduce fugitive dust generation to lessen impacts to nearby sensitive receptors. The dust abatement program could include the following measures: • Water all active construction sites at least twice daily. • Cover all trucks having soil, sand, or other loose material or require all b'ucks to maintain at least two feet of freeboard. • Apply water as necessary, or apply non-toxic soil stabilizers on all tmpaved access roads, parking areas and staging areas at construction sites. • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. B-2 ATTACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT • Sweep daily (with water sweepers) if visible soil material is carried into adjacent streets. • Water twice dat1y or apply non-toxic soil binders to exposed soil stockpiles. • Lim.it traffic speeds on llllpaved roads to 15 mph. Measure (7.S-lb In the PEIR) Exhaust Emissions. Contractors shall maintain equipment engines in proper working order and operate construction equipment so as to minimiz.e exhaust emissions. Such equipment shall not be operated during first or second stage smog alerts. Measure (7.S-tc In the PEIR) Truck Emissions Reductions. Dming construction, trucks and vehicles in loading or unloading queues sball be kept with their engines off: when not in use, to reduce vehicle emissions. Construction activities shall be discontinued during second-stage smog alerts. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction/inspection oversight for administrative record Impact 3.2-3: Excavation could release naturally occurring objectionable odors. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Measure (M-3.2-1) Excavated soils that emit objectionable odors will be covered with plastic sheeting while stockpiled on site and will be removed from the construction areas within a few days of excavation. If odors emanating from the open excavation create nuisance conditions the excavation will be covered during non-working hours. B-3 IMPLEMENTATION PROCEDURE 1. Include in contractor construction specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain Tecord of construction oversight for administrative record. AITACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT MONITORING RESPONSIBILITY OCSD. MONITORING SCHEDULE Prior to and during construction. Measure (M-3.2-2) The underground gas collection system will be equipped with appropriate odor control systems to prevent long-tenn odor emissions. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. Assess and implement odor control technology needs. 2. Conduct oversight of construction activities to ensure scope of work is carried out. CULTURAL RESOURCES MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to, during, and after construction. lmpad 3.4-1: Implementation of the proposed pump station could affect unknown or poorly recorded, potentially significant prehistoric and historic resources. B-4 A1TACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT Measure (M-3.4-1) Pursuant to CEQA Guidelines 15064.S (f), "provisions for historical or unique archaeological resources accidentally discovered during construction" shall be instituted. Therefore, if cultural resources, such as chipped or grotmd stone, large quantities of shell, historic debris, building foundations, or human bone, are inadvertently discovered during any ground disturbing activities, the District shall instruct its contractors to halt construction activity within 50 feet of the find and immediately notify the District about the find. The District shall then retain a qualified archaeologist (per 36 CFR Part 61 ), who must assess the fmd and develop a mitigation plan that ensures that the resources are removed from the site or othenvise protected on site. The District shall not resume construction activity within SO feet of the find until the find is removed or otherwise protected in accordance with the archaeologist's recommendation. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. Impact 3.4-2: The proposed project may damage or degrade unidentified paleontological remains. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Measure (M-3.4-2) In the event of an unanticipated discovery of a fossil during construction, the District shall instruct its contractors to ha1t construction activity within fifty SO feet of the find and immediately notify the District about the find. The District shall then retain a qualified paleontologist, who must assess the find and develop a mitigation plan that ensures that the resources are removed from the site or otherwise protected on site. The District shall not Tesmne construction activity within SO feet of the find until the find is removed or othenvise protected in accordance with the paleontologist's recommendation. B-S IMPLEMENTATION PROCEDURE t. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. GEOLOGY AND SOILS MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. ATTACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Impact 3.S-1: The proposed project could expose structures to potential adverse effects due to earthquake-induced landslides. In addition, construction activities could weaken the slope behind the site and induce a slope failure. Measure (M-3.S-1) The District shall incorporate recommendations from the geotechnical investigation and slope stability analysis into the design and construction of the proposed facilities. These recommendations shall include, but are not limited to, the following measures taken from the geotechnical report: • •Shoring should be checked frequently for lateral and vertical movement. If large deflections (greater than 0.5 percent of the shoring height) are noted, the bracing systems should be checked and strengthened as needed. If tension cracks occur in the ground surface adjacent to the shoring, the cracks should be monitored and sealed to prevent water infiltration and the significance of the cracks should be evaluated immediately. • •Removal of the temporary shoring system should be perfonned carefully to prevent vibration-induced soil settlement. • •Pennanent compacted fill slopes should be no steeper than 2H:1V and should be covered with vegetation or paved to reduce surface erosion. B-6 IMPLEMENTATION PROCEDURE 1. Incorporate geotechnical investigation and slope stability recommendationsin design and construction contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. ATIACHMENT B-MITIGATION AND MONITORING PROGRAM EIR roR ROCICYPOINT PUMP STATION REPLACEMENT PROJECT MONITORING RESPONSIBILITY OCSD. MONITORING SCHEDULE Prior to final design Prior to and during construction. Impact 3.S-2: The proposed project could expose structures to potential adverse effects due to strong ground shaking during an earthquake. Measure (M-3.5-2) The District shall design the proposed facilities for the seismic design parameters identified in the geotechnical analysis in accordance with applicable requirements of the UBC. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD Impact 3.S-6: The proposed project could be underlain by corrosive soils that could compromise the integrity ofburied structures. B-7 MONITORING SCHEDULE Prior to construction. ATTACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT Measure (M-3.5-3) The District shall consult a corrosion specialist to detennine suitable materials or construction methods that are appropriate for corrosive soil conditions on the site in accordance with applicable UBC standards. The District shall utilize recommended materials to ensure adequate protection of underground piping. IMPLEMENTATION PROCEDURE 1. Retain a corrosion specialist to determine suitable materials or construction methods that are appropriate for corrosive soil conditions on the site in accordance with applicable UBC standards. 2. Include recommended materials in contractor specifi~on. 3. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Maintain record of consultation for administrative record. Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. HAZARDS AND HAZARDOUS MATERIALS MONITORING RESPONSIBILITY OCSD Impact 3.6-1: Soils and groundwater containing petrolemn hydrocarbons could be encountered during excavation activities. MONITORING SCHEDULE Prior to and during construction. Meuure (M-3.6-1) The District sbaTI collect son samples from excavated soil to adequately cbaracteri7.e levels of petroleum hydrocarbons in the soil. The samples shall be analyzed for Total Petrolemn Hyrocarbons (TPH). If sample results exceed 1,000 mg/kg TPH, the soil will be disposed of as petroleum-contaminated waste in accordance with applicable regulations. B-8 IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities t.o ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. ATl'ACBMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE During construction. Measure (M-3.6-l) The District sba11 comply with source control requirements for discharging to the sanitary sewer. Groundwater samples will be collected and analyz.ed for TPH to ensure compliance with source control requirements for discharging t.o the sanitary sewer. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities t.o ensure scope of work is carried out MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD Impact 3.6-2: Construction activities could encounter hamrdous levels of methane and hydrogen sulfide. MONITORING SCHEDULE During construction. Measure (M-3.6-3) During excavation activities, gas emissions will be continually monitored throughout the project area and around the perimeter using appropriate hand-held gas monit.oring instruments such as an explosimeter and a hydrogen sulfide monitor. Hazardous and toxic gas reaction thresholds B-9 ATTACHMENT B-1\DTIGATION AND MONITORING PROGRAM EIR JOR ROCKY POINT PUMP STATION REPLACEMl:NT PROJECT will be established so as to protect workers and the public from threat of explosion or toxicity. Reaction thresholds will be the gas concentration levels at which mitigation measures are implemented. The reaction threshold for explosive gases (i.e. methane) will be set at 2S percent of the LEL at ground surface. The reaction threshold for hydrogen sulfide will be 25 percent of the 8-hour time-weighted average (TWA) in the breathing zone. The District and/or their assigned contractor will be responsible for implementing excavation and emissions monitoring work in accordance with a SCAQMD Rule 1166 Permit and pmsuant to requirements of the City ofNewport Beach Fire Department and the Orange County Health Care Agency. Should reaction thresholds be reached at any time during excavation, work is to stop immediately and construction personnel shall exit the site. Work should not begin unb1 gas monitoring verifies adequate ventilation of the excavation and the absence of explosive or toxic gases. The District will develop measmes to reduce gas emissions that could include installing an active excavation gas extraction (ventilation) system during construction. IMPLEMENTATION PROCEDURE 1. Incorporate requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSmILITY OCSD MONITORING SCHEDULE Prior to and during construction. Measure (M-3.6-4) If gas emissions from the open excavation create a nuisance odor condition, open excavation areas will be covered dming non-work hours. Excavated soils that emit objectionable odors or hazardous emissions will be covered with plastic sheeting while stockpiled on site and will be removed from the construction areas within a few days of excavation. The District will notify the Orange CoWlty Health Care Agency of remedial actions. B-10 IMPLEMENTATION PROCEDURE 1. Incorporate requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is cmrled out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. ATIACllMENT B-MITIGATION AND MONITORING PROGRAM EIR F'OR ROCKY POINT PUMP STATION REPLACEMENT PROJECT MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Measure (M-3.6-5) All equipment used on-site during excavation activities must be equipped with spark-arrestors. IMPLEMENTATION PROCEDURE 1. Incorporate requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Measure (M-3.6-6) During excavation activities, the work area, from groWtd smface to the water table, will be watered down to aid in suppressing odor and vapor emissions and thus reduce the risk of explosive haz.ard and/or toxic vapor exposure. B-11 IMPLEMENTATION PROCEDURE 1. Incorporate requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. AITACllMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE During construction. Measure (M-3.6-7) The District sball notify property owners within a 500-foot radius of the site of the construction schedule. The notification will provide an explanation of what causes the naturally occmrlng odors and will provide a number to call to report objectionable odors. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Notify property owners within a 500-foot radius of the site of the construction schedule. MONITORING AND REPORTING ACTIONS Monitor compliance and maintain record of notification and distribution list for administrative record. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Measure (M-3.6-8) Prior to construction, the District sha11 prepare a Site Safety Plan for construction activities. The Site Safety Plan shall include at a minimum the following components: • Provide appropriate worker safety training for elevated H2S and methane conditions for aTI on-site workers to ensure compliance with EPA Hazardous Waste Operator training requirements where hazardous substances would be encountered 8-12 • Conduct ccntinuous monitoring for H2S methane and volatile organics • Identify action thresholds • Identify Emergency procedures • Establish personal protective equipment requirements AITACDMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT • Establish site access procedmes and on site activity restrictions (e.g., no smoking, no welding, etc.) • Provide appropriate signage During construction, the following OSHA requirements will be included: • Legible Hydrogen Sulfide warning sign with yellow flag warning device present. • Keep a safe distance from dangerous locations if not working to decrease danger. • Pay attention to audtole and visual alarm systems. • Follow the guidance of the operator representative. • Keep a11 safety equipment in adequate working order. • Store the equipment in accessible locations. • Provide an oxygen resuscitator onsite. • A properly calibrated, metered hydrogen sulfide detection instrument shall be kept onsite. B-13 IMPLEMENTATION PROCEDURE 1. Incorporate requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. ATTACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Impact 3.6-3: Hazardous levels of methane and hydrogen sulfide could accumulate under the new pump station or seep into tbe wet well, causing explosion and toxicity haz.a:rds. Measure (M-3.6-9) The District shall ensure that all structmes built on the subject site are designed for protection from gas accumulation and seepage, based on recommendation of a geotechnical engineer or other qualified consultant. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction and inspection oversight for administrative record. B-14 MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to, during, and after construction. ATTACHMENT B-MITIGATION AND MONITORING PROGRAM :EJR FOR ROCKY POINT PUMP STATION REPLAC:EM:ENT PROJECT Measure (M-3.6-10) The District shall ensure that buildings on the subject site wi11 be consbucted with passive or active gas coJJection systems under the foundations. Such a system typically consists of perforated PVC pipes laid horimntally in parallel lengths below the foundation. Riser type vents will be attached to light standards and building high points. Additionally, parking lots on the subject site will contain unpaved planter areas and vertical standpipes located at the end of each length of PVC. The standpipes will serve to vent any collected gas to the atmosphere. A qualified geotechnical finn or consultant will be retained to design such a system. IMPLEMENTATION PROCEDURE 1. Incorporate requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to, during, and after construction. Measure (M-3.6-11) The District shall ensure that all buildings on the subject site wi11 be equipped with methane, hydrogen sulfide, and oxygen sensors. Such sensors will be installed in areas of likely accwnu1ation, such as utility or other seldom used rooms. Sensors shall monitor on a continuous basis, and shall be tied into fire alarm systems for 24-hour surveillance. IMPLEMENTATION PROCEDURE MONITORING AND REPORTING ACTIONS B-15 MONITORING RESPONSIBILITY MONITORING SCHEDULE 1. Include requirements in contract specifications. 2. Conduct oversight of consb'uction activities to ensure scope of work is carried out. Monitor compliance with consb'uction contract specifications. Maintain record of construction oversight for administrative record. AITACHMENT B-MITIGATION AND MONITORING PROGRAM ETR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT OCSD Prior to, during, and after construction. Measure (M-3.6-12) To avoid possible accumulation of gas in utility or other seldom used service or storage rooms, the District shall ensure that such rooms are serviced by the buildings central conditioning system (or an othenvise positive ventilation system that circulates and replaces the air in such rooms on a continuous basis). IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD Impact 3.6-4: Structures to be demolished/removed may contain lead paint and/or asbestos containing materials. MONITORING SCHEDULE Prior to, during, and after construction. Measure (M-3.6-13) Structures to be demolished or removed will be investigated for the presence of lead paint or asbestos containing material and proper precautions will be taken for safe removal and disposal of these materials prior to demolition activities. B-16 IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. HYDROLOGY AND WATER OUALTTY MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. Impact 3. 7-1: Construction activities could adversely impact stonn water runoff quality. AITACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT MONITORING RESPONSmlLITY OCSD MONITORING SCHEDULE Prior to demolition. Measure (M-7. 7-la in the PEIR) Contractor BMPs. Construction contractors will implement Best Management Practices to prevent erosion and sedimentation to avoid significant adverse impacts to surface water qua1ity including the following: • Sediment from areas disturbed by construction shall be retained on site using structural controls to the maximum extent possible. • Stockpiles of soil shall be properly contained to eliminate or reduce sediment transport from the site to the street, drainage or acilities or adjacent properties via nmoti: vehicle tracking, or wind. • All construction contractor personnel are to be made aware of best numagement practices and good housekeeping measures • Contractors are responsible for good housekeeping practices such as collecting construction debris at the end of each day and properly disposing or detaining of the debris to prevent it from leaving the site. B-17 AITACBMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT Measure (M-7. 7-lc In the PETR) County of Orange Coordination. The Dis1rict shal1 coordinate with the Orange County Public Facilities and Resources Department (Orange County Flood Control District) Planning Section to ensure compatt"bility and joint use feasibility with existing and future projects. Measure (M-7.7-td In the PEIR) Waterway Protection. The District shall incorporat.e into contract specifications the requirement that the contractor(s) enforce strict on-sit.ehandling rules to keep construction and maintenance materials out of receiving wat.ers. The rules wil1 include measures to: • Store al1 reserve fuel supplies only within the confines of a designated construction staging area. • Refuel equipment only within designated construction staging area. • Regularly inspect all construction vehicles for leaks. Measure (M-7. 7-le In the PEIR) Spill Prevention. The Dis1rict shall incorporate into contract specifications the requirement that the contractor( s) prepare a Spill Prevention, Control, and Countenneasme Plan. The plan would include measures to be taken in the event of an accidental spill. Measure (M-7. 7-tf In the PEIR) Spill Containment. The Dis1rict sball incorporate into contract specifications the Tequirement that the construction staging areas be designed to contain contaminants such as 011, grease, and fuel products so that they do not drain towards receiving waters or stonn drain inlets. lfheavy-duty construction equipment is stored overnight adjacent to potential receiving water, drip pans will be placed beneath the machinery engine block and hydraulic systems. IMPLEI\.fENT ATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. 8-18 MONITORING RESPONSmILJTY OCSD MONITORING SCHEDULE Prior to and during construction. AITACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT Impact 3.7-2: The construction of the proposed project would require the disposal of groundwater during the dewatering process. Measure (M-3.7-1) Prior to dewatering activities, the District shall evaluate the potential water quality from dewatering at the site and impose source control restrictions if necessmy based on the existing source control program. These restrictions could include pretreatment to remove some contaminants prior to discharging to the sanitary sewer. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is canied out. NOISE MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD Impact 3.9-1: Construction of the proposed project would generate noise that could create nuisance conditions at nearby land uses. MONITORING SCHEDULE Prior to and during construction. Measure (M-3.9-1) The District shall require and periodically inspect all equipment used during construction to ensure that the equipment is muftled and maintained in good operating condition. AD internal combustion engine driven equipment shall be fitted with intake and exhaust mufflers that are in good condition. IMPLEMENTATION PROCEDURE MONITORING AND REPORTING ACTIONS B-19 MONITORING RESPONSIBILITY MONITORING SCHEDULE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensme scope of work is carried out. Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. ATTACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT OCSD Prior to and during construction. Measure (M-3.9-2) The District shall limit construction activity to the time periods set forth in the Newport Bea.ch Municipal Code or between 7:00 a.m. and 6:30 p.m. on weekdays and 8:00 am. to 6:00 p.m. on Saturdays. Any nighttime or weekend construction activities would be subject to local pennitting. IMPLEMENTATION PROCEDURE 1. Include requirements in contra.ct specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance wiftt construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSmlLITY OCSD MONITORING SCHEDULE Prior to and during construction. Measure (M-3.9-3) Sensitive receptors within I 00 feet of the Project construction activities shall be notified concerning the project timing and construction schedule, and shall be provided with a phone number to call with questions or complaints. IMPLEMENTATION PROCEDURE MONITORING AND REPORTING ACTIONS B-20 MONITORING RESPONSmlLITY MONITORING SCHEDULE 1. Include in contract specifications 2. Notify sensitive receptors within 100 feet of construction activities concerning project timing and construction schedule. TRAFFIC Maintain record of notification and distnoution list for administrative record. AITACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT OCSD Prior to and during construction. Impact 3.10-2: Implementation of the proposed project would n:quire lane closures on West Coast Highway during construction activities which would temporan1y reduce roadway capacity. Measure (M-3.10-1 ): Emergency Services Access. The District shall notify the Newport Beach Fire Department of construction activities. IMPLEMENTATION PROCEDURE 1. Incorporate in contract specifications. 2. Notify Newport Beach Fire Department of construction activities concerning project timing and constmction schedule. MONITORING AND REPORTING ACTIONS 1. Maintain record of communicatio~ notification and distribution list for administrative record. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Measure (M-3.10-2) : Construction Notification. Two weeks prior to any proposed lane closure, the District shall post signage along West Coast Highway notifying motorists of upcoming lane closures to provide motorist with an opportunity to consider alternative routes to West Coast Highway. B-21 IMPLEl\fENT A TION PROCEDURE 1. Include in Traffic Management Plan. 2. Include requirements in contract specifications.. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record, including post construction inspections. ATTACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCICY POINT PUMP STATION REPLACEMENT PROJECT MONITORING RESPONSmILITY OCSD MONITORING SCHEDULE Prior to and during construction. Measure (7.1-ta In the PEIR) Construction Honn. The District will comply with local ordinances and restrict construction activities to daylight hours or as specified in encroachment pennits. Measure (7.1-lb In the PEIR) Construction Notification. The Disb'ict shall post notices or provide notification of construction activities to adjacent property owners (including homeowners and adjacent bushtesses) at least 72 hours in advance of construction and provide a contact and phone number of a Disb'ict staff person to be contacted regarding questions or concerns about construction activity. Measure (7.1-tc In the PEIR) Emergency Service Access. The District shall coordinate with officials of adjacent fire stations, the Fountain Valley Regional Hospita~ as well as other hospitals to ensme that 24-hour emergency access is available. Measure (7.1-ld In the PEIR) Covered Trenches. To minimiu disruption of access to driveways to adjacent land uses, the District or its contractor(s) shall maintain steel-trench plates at the construction sites to restore access across open trenches. Construction trenches in streets will not be left open after work hours. Measure (7.1-te In the PEIR) Stgnage. The District shall provide tempormy signage indicating that businesses are open. Measure (7.2-la In the PEIR) Trame Control Plans. Traffic control plans will be prepared by a qualified professional engineer, prior to the construction phase of each sewer line project as implementation proceeds. B-22 ATTACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT Measure (7.2-tb In the PEIR) Alternative Routes. Traffic control plans will consider the ability of alternative routes to carry additional traffic and identify the least disruptive hours of construction site b'uck access routes, and the type and location of warning signs, lights and other traffic control devices. Consideration wilJ be given to maintaining access to commercial parking lots, private driveways and sidewalks, bikeways and equestrian trails, to the greatest extent feasible. Measure (7.2-tc In the PEIR) Encroachment Permits. Encroachment permits for a11 work within public rights-of-way will be obtained from each involved agency prior to commencement of any construction. Agencies involved include the City of Newport Beachs Caltrans, the Orange County Planning and Development Services (PDS) (Development Services Section) and the various cities where work will occur. The District will comply with traffic control requirements, as identified by Caltrans and the affected local jurisdictions. Measure (7.2-ld In the PEIR): Trame Control Plans. Traffic control plans will comply with the Work Area Traffic Control Handbook and/or the Manual of Traffic Controls as determhted by the City of Newport Beach, to minimi7.e any traffic and pedestrian hazards that exist during project construction. Measure (7.2-le in the PEIR) Trame disruption Avoidance. The construction technique for the implementation of the proposed sewer lines, such as tunneling, cut and cover with partial street closure, or cut and cover with full street closure, shall include consideration of the ability of the roadway system, both the street in question and alternate routes, to carry existing traffic volumes during project construction. If necessary, adjacent parallel streets will be selected as alternate alignments for the proposed sewer improvements. As required by the City of Newport Beach, tnmk sewers will be jacked under select major intersections, to avoid traffic disruption and congestion. Measure (7.2-tfln the PETR) Street Closure. Public streets will generally be kept operational during construction, particularly in the morning and evening peak hours of traffic. Lane closures wt11 be minimized during peak traffic hours. Measure (7.2-tg In the PEIR): Roadway Restoration. Public roadways will be restored to a condition mutually agreed to between the District and the City ofNewport Beach prior to construction. Measure (7.2-th In the PEIR): Sewer Construction Coordination. The Districts will attempt to schedule construction of relief facilities to occur jointly with other public works projects already planned in the affected locations, through careful coordination with the City of Newport Beach. B-23 ,1 ATTACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT Measure (7.2-11 in the PEIR) Emergency Services. Emergency service pwveyors wi11 be contacted and consulted to preclude the creation of unnecessmy traffic bottlenecks that wi11 seriously impede response times. Additionally, measures to provide an adequate level of access to private properties shall be maintained to allow delivety of emergency services. Measure (7.2-1J in the PEIR) OCT A Coordination. OCT A wi11 be contacted when construction affects roadways that are part of the OCTA bus network. Measure (7.2-11 In the PEIR) Trails & Bikeways. Short term construction impacts and closures to locally designated trails and bikeways, as found in the County's Master Plan of Regional Riding and Hiking Trails (RRHT) and Commuter Bikeways Strategic Plan (CBSP), shall be mitigated with detours, signage, flagmen and reconstruction as appropriate. Long term impacts such as permanent tnu1 link closures should be mitigated with provisions for new rights-of-way for trails and/or bikeways and reconstruction. Measure (7.2-tm in the PEIR): County of Orange Coordination. Any construction plans that could potentially impact regional riding and hiking trails or Class I bikeways shall be submitted to the City ofNewport Beach, County's Division of Harbors, Beaches and Parksffrails Planning and Implementation for review and approval prior to project construction activities. Measure (7.2-ln in the PEIR) Trails Restoration. Regional Riding and Hiking Trails and Class I Bikeways impacted by construction activities shall be restored to their original condition after project construction. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. 8-24 MONITORING RESPONSmlLITY OCSD MONITORING SCHEDULE Prior to and during construction. ATTACHMENT B-lWTIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT Measure (M-3.10-3): Construction Schedule. The District sha11 not perform any construction work within the West Coast Highway right-of-way that requires lane closures between Memorial Day and Labor Day of any given calendar year or during the week of the Boat Parade, which is typically one week Jong during mid-December. IMPLEMENTATION PROCEDURE 1. Incorporate requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Impact 3.10-3: Implementation of the proposed project would resbict access to businesses from West Coast Highway dming construction. Measure (7.1-ta In the PEIR) Construction Hours. The District will comply with local ordinances and restrict construction activities to daylight hours or as specified in encroachment permits. Messore (7.1-lb In the PEIR) Construction Notification. The District shall post notices or provide notification of construction activities to adjacent property owners (including homeowners and adjacent businesses) at least 72 hours in advance of construction and provide a contact and phone number of a District staff person to be contacted regarding questions or concerns about construction activity. Measure (7.1-lc in the PEIR) Emergency Service Access. The District shall coordinate with officials of adjacent fire stations, the Fountain Valley Regional Hospital, as wen as other hospitals to ensure that 24-hour emergency access is avai1able. Measure (7.1-td In the PEIR) Covered Trenches. To minimi7.e disruption of access to driveways to adjacent land uses, the District or its contractor(s) shaJI maintain steel-trench plates at the construction sites to restore access across open trenches. Construction trenches in streets will not be left open after work hours. 8-25 A ITACBMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT Measure (7.1-1e In the PEIR) Slgnage. The District shall provide tempormy signage indicating that businesses are open. Measure (7.2-ta In the PEIR) Trame Control Plans. Traffic control plans wiU be prepared by a qualified professional engineer, prior to the construction phase of each sewer line project as implementation proceeds. Measure (7.2-tb In the PEIR) Alternative Routes. Traffic control plans will consider the ability ofaJtemative routes to cany additional traffic and identify the least disruptive hours of construction site truck access routes, and the type and location of warning si~ lights and other traffic control devices. Consideration will be given to maintaining access to commercial parking lots, private driveways and sidewalks, bikeways and equestrian trails, to the greatest extent feasible. Measure (7.2-1c in the PEIR): Encroachment Permits. Encroachment pennits for all work within public rights-of-way will be obtained from each involved agency prior to commencement of any construction. Agencies involved include the City of Newport Beac~ Cal trans, the Orange County Planning and Development Services (PDS) (Development Services Section) and the various cities where work will occur. The District will comply with traffic control requirements, as identified by Caltrans and the affected local jurisdictions. Measure (7.2-ld In the PEIR): Trame Control Plans. Traffic control plans will comply with the Work Area Traffic Control Handbook and/or the Manual of Traffic Controls as determined by the City of Newport Beac~ to minimi7.e any traffic and pedestrian hazards that exist dming project construction. Measure (7.2-te in the PEIR) Trame disruption Avoidance. The construction technique for the implementation of the proposed sewer lines, such as tunneling, cut and cover with partial street closure, or cut and cover with full street closure, shall include consideration of the ability of the roadway system, both the street in question and alternate routes, to carry existing traffic volumes during project construction. If necessmy, adjacent parallel streets will be selected as alternate alignments for the proposed sewer improvements. As required by the City of Newport Beach, trunk sewers wi11 be jacked under select major intersections, to avoid traffic disruption and congestion. Measure (7.2-tfin the PEIR) Street closure. Public streets will generally be kept operational dming construction, particularly in the morning and evening peak hours of traffic. Lane closures will be minimiud dming peak traffic hours. Measure (7.2-tg in the PEIR): Roadway Restoration. Public roadways will be restored to a condition mutually agreed to between the District and the City ofNewport Beach prior to construction. B-26 ATTACHMENT B-MITIGATION AND MONITORING PROGRAM EIR roR ROCKY POINT PUMP STATION REPLACEMENT PROJECT Measure (7.2-tb In the PEIR): Sewer Construction Coordination. The Districts will attempt to schedule construction ofre1ief facilities to occur jointly with other public works projects already planned in the affected locations, through careful coordination with the City ofNewport Beach. Measure (7.2-11 in the PEIR) Emergency Semces. Emergency service purveyors will be contacted and consulted to preclude the creation of unnecessmy traffic bottlenecks that will seriously impede response times. Additionally, measures to provide an adequate JeveJ of access to private properties shalJ be maintained to allow delivery of emergency services. Measure (7.2-tj In the PEIR) OCTA Coordination. OCTA will be contacted when construction affects roadways that are part of the OCTA bus network. Measure (7.2-11 In the PEIR) Trails & Bikeways. Short t.enn construction impacts and closures to locally designated trails and bikeways, as found in the County's Master Plan of Regional Riding and Hiking Trails (RRHT) and Commuter Bikeways Strategic Plan (CBSP), shaJI be mitigated with detours, signage, flagmen and reconstruction as appropriate. Long term impacts such as permanent trail link closures should be mitigated with provisions for new rights-of-way for trails and/or bikeways and reconstruction. Measure (7.2-tm In the PEIR): County of Orange Coordination. Any construction plans that could potentially impact regional riding and hiking tratls or aass I bikeways shall be submitted to the City of Newport Beach, County's Division of Harbors, Beaches and Parks/frails Planning and Implementation for review and approval prior to project construction activities. Measure (7.2-tn In the PEIR) Trail Restoration. Regional Riding and Hiking Trails and Class t Bikeways impacted by construction activities sbail be restored to their original condition after project construction. IMPLEMENTATION PROCEDURE MONITORING AND REPORTING ACTIONS B-27 MONITORING RESPONSIBILITY MONITORING SCHEDULE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. 8-28 ATTACHMENT B-MITIGATION AND MONITORING PROGRAM EIR FOR ROCKY POINT PUMP STATION REPLACEMENT PROJECT OCSD Prior to and dming construction. • BOARD OF DIRECTORS Meeting Date To Bel. of Dir. 08/25/04 AGENDA REPORT I tem Number Item Number Orange County Sanitation District FROM: Thomas L. Woodruff, General Counsel SUBJECT: PURCHASE /SALE OF REAL PROPERTY INTERESTS RE REPLACEMENT OF ROCKY POINT PUMP STATION , CONTRACT NO. 5-50 GENERAL MANAGER'S RECOMMENDATION 18 Consideration of the following actions relating to the transaction of purchase and sale of certain real property interests in connection with Replacement of Rocky Point Pump Station , Contract No. 5-50 : a. Receive and file report of General Counsel re purchase of an appro xi mate one-acre parcel in the City of Newport Beach from International Bay Clubs , Inc. re Replacement of Rocky Po int Pump Station . b . Approve the Preliminary Title Report and the exceptions set forth therein , as provided in the Purchase and Sale Agreement. c . Approve and authorize the Chair to execute the Environmental Indemnity Agreement between International Bay Clubs, Inc. and Orange County San itation District in connection with the Purchase and Sale Agreement. d. Approve and authorize the Chair to execute the Conveyance , Disassembly and Abandonment Agreement between International Bay Clubs , Inc. and Orange County Sanitation District re existing Rocky Point Pump Station . e. Authorize the Chair to execute all Deeds and other evidences of title to the parcels of property that are the subject of the Purchase and Sale Agreement. f . Approve the execution of the acceptance of the Grant Deed to certain real property from International Bay Clubs , Inc . g. Approve the execution of a Quitclaim Deed of Orange County Sanitation District's easement interest in certain property to International Ba y Clubs , Inc . h. Authorize the General Manager and General Counsel to e xe cute an y and all other instruments related to the transaction. SUMMARY Please refer to the attached memorandum by General Counsel. PRIOR COMMITTEE/BOARD ACTIONS N/A PROJECTICONTRACTCOSTSUMMARY N/A BUDGET IMPACT ~ This item has been budgeted . (Li ne item : ) 0 This item has been budgeted, but there are insufficient funds . 0 This item has not been budgeted . 0 Not applicable (information item). Applies to future budget periods ADDITIONAL INFORMATION N/A ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS 1. General Counsel's memorandum dated 08/18/04 ' Page 2 LAW OFFICES OF WOODRUlt'Ji', SPRADl..JN & SMART A PROFESSIONAL CORPORATION MEMORANDUM TO: Chair and Members of Board of Directors Orange County Sanitation District FROM: General Counsel DATE: August 18, 2004 RE: Replacement of Rocky Point Pump Station Contract No. 5-50 In September, 2003, the District approved a "Purchase and Sale Agreement and Joint Escrow Instructions., with International Bay Clubs, Incorporated ("ICBI''), in order to acquire property for the construction of the Rocky Point Pump Station, which will replace the existing Pump Station on nearby property. (The Agreement will be referred to as the "PSA", and is attached as Exhibit 1.) The transaction involves an exchange of certain property interests, payment of $2,600,000 to ICBI, and approval of certain related agreements, a deed and preliminary title report prior to closing. Escrow is scheduled to close on September 1, 2004. The agreements and documents which require your Board's approval include the following: 1. The Environmental Indemnity Agreement ("EIA"). This EIA is attached hereto as Exhibit 2. The PSA provides that under this Environmental Indemnity Agreement, the District will indemnify and defend ICBI against claims related to environmental conditions located on the District's property which IBCI is acquiring in this transaction arising from the District's use of the property for a Pump Station. \190148\1 Chair and Members of Board of Directors August 18, 2004 Page2 2. The "Conveyance. Disassembly and Abandonment Agreement ("CDA Agreement"). This CDA Agreement is attached hereto as Exhibit 3. As required by the PSA, the CDA Agreement provides that, upon commencement of operation of the new Rocky Point Pump Station, the District will diligently disassemble and remove improvements related to the existing Pump Station to allow IBCI to develop that property for vehicular and pedestrian access way and parking uses, and then the District will abandon and convey the property to IBCI. 3. The Quitclaim Deed. The Quitclaim Deed is attached as Exhibit 4. This document will formally relinquish to IBCI the OCSD property interests on the area where the existing Pump Station is located. The conveyance will occur after removal of the existing Pump Station, as provided in the CDA Agreement. 4. The Preliminary Title Report for the property being acquired by the District. The preliminary title report contains a list of exceptions. One exception involves a recorded restriction imposing a 35-foot height restriction on buildings and structures on the parcel. Staff has concluded that the restriction will not affect the proposed Pump Station. The PSA requires the District to have "received and approved" the preliminary title report and the exceptions set forth therein. District staff and counsel have reviewed each of these documents and recommend that they be approved in order to ensure timely closing of the escrow to acquire the property for the future Rocky Point Pump Station. \190148\1 Recommendation. It is therefore recommended that your Board: 1. Approve and authorize Chair. Anderson to execute the Environmental Indemnity Agreement in the form attached hereto as Exhibit 2. 2. Approve and authorize Chair Anderson to execute the Conveyance, Disassembly and Abandonment Agreement in the form attached hereto as Exhibit 3. 3. Approve and authorize Chair Anderson to execute the Quitclaim Deed in the form attached hereto as Exhibit 4, at such time and in a manner consistent with the Conveyance, Disassembly and Abandonment Agreement. 4. Approve the Preliminary Title Report and exceptions to coverage. Chair and Members of Board of Directors 1 August18,2004 Page3 5. Direct District staff to take such steps and execute such documents and escrow instructions as may be reasonably necessary, helpful or appropriate to carry out the close of escrow as anticipated in the Purchase and Sale Agreement. THOMAS L. WOODRUFF GENERAL COUNSEL DEK:pjy Enclosures cc: Mr. Blake P. Anderson, General Counsel Mr. David A. Ludwin, Director of Engineering Mr. Gary G. Streed, Director of Finance/Treasurer \190148\1 FORM OF ENVIRONMENTAL INDEMNITY AGREEMENT This Environmental Indemnity Agreement ("Agreement .. ) is made as of , 200 _, by the ORANGE COUNTY SANITATION DISTRICT ("OCSD"), in favor of INTERNATIONAL BAY CLUBS, INCORPORATED, a California corporation ("IBC"). Factual Background A OCSD and IBC have entered into that certain Conveyance, Disassembly and Abandonment Agreement of even date herewith (the "Conveyance Agreement") with respect to that certain real property more particularly described on Exhibit A attached hereto and by this reference incorporated herein, together with all fixtures and other real property improvements related thereto, all of which are owned in easement or fee by OCSD (the 11 0CSD Property"). 8. In connection with the Conveyance Agreement and the Purchase Agreement (as defined in the Conveyance Agreement), OCSD has agreed to execute and deliver this Agreement to IBC. 1. Definitions. As used in this Agreement: 1.1 "Hazardous Substance" means any substance, material or waste (including petroleum and petroleum products) which is or becomes designated, classified or regulated as being "toxic" or "hazardous" or a "pollutant" (or a similar such designation) under any federal, state or local law, regulation or ordinance. 1.2 "Indemnified Costs" means all actual liabilities, claims, actions, causes of action, judgments, costs, expenses, fines. penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of 10c·s counsel), including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work (whether of the OCSD Property or any other property), or any resulting damages, harm or injuries to the person or property of any third parties or to any natural resources; but excluding those liabilities, claims. actions, causes of action, judgments, costs, expenses, fines, penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of IBC's counsel): (a) as may be attributable to the negligence or willful misconduct of the party seeking to be indemnified; or (b) arising from a cause other than OCSD's use of the OCSD Property as a pump station facility. 1.3 "Indemnified Parties" means and includes IBC, its parent, subsidiary and affiliated companies (including, without limitation, Balboa Bay Club, Inc., a California corporation) and the officers, directors, employees and agents of each of them. 2. Indemnity Agreement. 2.1 Indemnity Regarding Hazardous Substances. OCSD indemnifies, defends and holds the Indemnified Parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on, above, or under the OCSD Property, or in the soil, groundwater, soil vapor or air on, above or under the OCSD Property and arising from the OCSD's use of such OCSD Property as a pump station facility, including: (a) Any claim for such Indemnified Costs asserted by any federal, state or local governmental agency, including the United States Environmental Protection Agency and the California Department of Health Services, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner" or "operator'' of the OCSD Property under any law relating to Hazardous Substances; and ::OOMA\PCDOCS\OOCS\189649\3 Version: 8/17/2004 1:39 PM -1- EXHIBIT 1 (b) Any such Indemnified Costs claimed against any Indemnified Party by any person other than a governmental agency, including any person who may purchase or lease all or any portion of the OCSD Property from any Indemnified Party, or from any other purchaser or lessee; any person who may at any time have any interest in all or any portion of the OCSD Property; any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the OCSD Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and (c) Any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and (d) Any such Indemnified Costs resulting from currently existing conditions in, on or around the OCSD Property, whether known or unknown by OCSD or the Indemnified Parties at the time this Agreement is executed. 2.2 Defense of Indemnified Parties. Upon demand by any Indemnified Party, OCSD shall defend any investigation, action or proceeding involving any Indemnified Costs which is brought or commenced against any Indemnified Party, whether alone or together with OCSD or any other person. all at OCSD's own cost and by counsel to selected by OCSD and to be approved by the Indemnified Party which approval shall not be unreasonably withheld. In the alternative, any Indemnified Party may elect to conduct its own defense at the expense of OCSD. 2.3 Compliance Regarding Hazardous Substances. While OCSD continues to own an interest in and to the OCSD Property, OCSD shall comply with all laws. regulations and ordinances governing or applicable to Hazardous Substances. 2.4 Notices Regarding Hazardous Substances. OCSD shall promptly notify IBC if, at any time prior to closing of the transfer of the OCSD Property, it knows. suspects or believes there may be any Hazardous Substance in or around the OCSD Property, or in the soil, groundwater or soil vapor on or under the OCSD Property, in violation of applicable law, or that OCSD or the OCSD Property may be subject to any threatened or pending investigation by any governmental agency under any law, regulation or ordinance pertaining to any Hazardous Substance. 2.5 Site Visits. Observations and Testing. If any of the Indemnified Parties has a reasonable suspicion that Hazardous Substances in violation of applicable laws, regulations and/or ordinances exist with respect to the OCSD Property. the Indemnified Parties and their agents and representatives shall have the right, while OCSD continues to own an interest in and to the OCSD Property, at any reasonable time to enter the OCSD Property for the purposes of observing the OCSD Property, taking and removing soil or groundwater samples, and conducting tests on any part of the OCSD Property. The Indemnified Parties have no duty, however, to visit the OCSD Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party, except for damage resulting from such visit, observation or testing. In no event shall any site visit or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the OCSD Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither OCSD nor any other party is entitled to rely on any site visit or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect OCSD or any other party against, or to inform OCSD or any other party of, any Hazardous Substances or any other adverse condition affecting the OCSD Property. The Indemnified Parties may in their discretion disclose to OCSD or any other party any report or findings made as a result of, or in connection with, any site visit or testing by the Indemnified Parties. OCSD understands and agrees that the lndemnifaed Parties make no representation or warranty to OCSD or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. OCSD also understands that, depending on the results of any site visit or testing by any Indemnified Party which are disclosed to OCSD, OCSD may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be ::ODMA\PCDOCS\DOCS\189649\3 Version: 8/17/2004 1 :39 PM -2- evaluated by OCSD without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give OCSD reasonable notice before entering the OCSD Property. The Indemnified Party shall make reasonable efforts to avoid interfering with OCSD's use of the OCSD Property in exercising any rights provided in this Section. The Indemnified Party shall bear all costs associated with such visit, observation or testing, and shall, at its sole expense, bear all resulting costs of restoring the property to its condition as existed prior to the visit, observation or testing, and shall bear all costs of lawfully disposing of all materials and substances (including any Hazardous Substances) generated by the visit, observation or testing. 2.6 Attorney Fees. In the event any dispute between the parties with respect to this Agreement results in litigation or other proceeding, the prevailing party shall be reimbursed by the party not prevailing in sµch proceeding for all reasonable costs and expenses. including, without limitation. reasonable attorneys' fees and experts' fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. 3. General Provisions. 3.1 Reservation of Other Rights and Remedies. Nothing in this Agreement shall be construed to limit any claim or right which any Indemnified Party may otherwise have at any time against OCSD or any other person arising from any source other than this Agreement, including any claim for fraud, misrepresentation, waste or breach of contract other than this Agreement, and any rights of contribution or indemnity under federal or state environmental law or any other applicable law, regulation or ordinance. 3.2 Delay: Cumulative Remedies. If any Indemnified Party delays in exercising or fails to exercise any right or remedy against OCSD, that alone shall not be construed as a waiver of such right or remedy. All remedies of any Indemnified Party against OCSD are cumulative. 3.3 Rules of Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. All headings appearing in this Agreement are for convenience only and shall be disregarded in construing this Agreement. In this Agreement, the word "person" includes any individual, company, trust or other legal entity of any kind. The word "include(s)" means "include(s}, without limitation," and the word "including" means "including, but not limited to." When the context and construction so require, all words used in the singular shall be deemed to have been used in the plural and vice versa. Every provision of this Agreement is intended to be severable. In the event any term, provision, section or subsection of this Agreement is declared to be illegal or invalid, for any reason whatsoever, by a court of competent jurisdiction, such illegality or invalidity shall not affect the other terms, provisions, sections or subsections of this Agreement, which shall remain binding and enforceable. 3.4 Integration: Modifications. This Agreement (a) integrates all the terms and conditions mentioned in or incidental to this Agreement, and (b) supersedes all oral negotiations and prior writings with respect to their subject matter. This Agreement may not be modified except in a writing signed by both IBC and OCSD. 3.5 Miscellaneous. OCSD's obligations under this Agreement shall survive the transfer of the OCSD Property by OCSD to IBC or any Indemnified Party. The provisions of this Agreement shall bind and benefit the heirs, executors, administrators, legal representatives, successors and assigns of OCSD ::OOMA\PCDOCS\OOCS\ 189649\3 Version: 8/17 /2004 1 :39 PM -3- and the Indemnified Parties; provided, however, that OCSD may not assign this Agreement, or assign or delegate any of Its rights or obligations under this Agreement, without the prior written consent of IBC in each instance. OCSD: ORANGE COUNTY SANITATION DISTRICT By: Name: Title: ATTEST: By: Name: Its: APPROVED AS TO FORM: By: Thomas L. Woodruff, Esq. General Counsel ::ODMA\PCDOCS\OOCS\189649\3 Version: 8/17/2004 1:39 PM -4- EXHIBIT A Legal Description of OCSD Property That portion of Lot 171 in Block 54 of the Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 1, Page 88, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. described as follows: Beginning at a point on the Southerly line of the 100-foot right of way of the California State Highway ORA- 60-8, said point of beginning being at right angles to engineer's station, 7+95.46 in the centerline of said highway; thence South 15° 38' 30" West 44. 00 feet; thence North 7 4° 21' 30" West 34. 00 feet; thence North 15° 38 1 30 11 East to an intersection with the said Southerly line of the State Highway; thence Southeasterly along said Southerly line to the point of the beginning. 12394.1 -A-1- PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is entered into as of September _, 2003 (''Agreement Date") for identification purposes only, by and between the Orange County Sanitation District ("OCSD" or "Purchaser"), and International Bay Clubs, Incorporated ("IBCI" or "Seller"). Execution of this Agreement is pursuant to approval and authorization of the Orange County Sanitation District Board of Directors and the International Bay Clubs, Incorporated Board of Directors. RECITALS The folJowing recitals are a substantive part of this Agreement: A~ Seller is the owner of that certain real property located at 1700 -2000 W. Coast Highway in the City of Newport Beach, State of California {the "Real Property"), more particularly described on Exhibit A attached hereto and incorporated herein by this reference, together with all fixtures, buildings, parking areas, landscaping and other real property improvements located on the Real Property (the ''lmprovementsn). The Real Propeny and the Improvements, together with all right, title, interest rights, and interests of Seller in and to all streets, alleys, appurtenances, easements and rights-of-way in, on, across, in front of, abutting and/or adjoining the Real Property, shalJ be referred to herein collectively as the "Property." B. Purchaser is a governmental agency, a political subdivision of the State of California and is legally empowered to purchase and own real property in furtherance of its business purposes. C. Seller desires to sell to Purchaser and Purchaser desires to purchase from Seller the Property in accordance with the tenns and provisions contained in this Agreement. · NOW, THEREFORE, for good and valuable consideration, the receipt and Jegal sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. DISPOSITION OF THE PROPERTY (a) Property: Seller hereby agrees to sell, assign and convey to Purchaser, and Purchaser hereby agrees to purchase from Seller, all of Seller's right, title and interest in and to the Property upon the terms and conditions set forth herein. 12264.J EXHIBIT 2 (b) Possession: At all times prior to Closing (as defined in Section 11 below), SelJer agrees to operate, maintain, use and repair the Property in substantially the same manner as prior hereto in accordance with Seller's nonna] course of business (reasonable wear and tear excepted) and not encumber the Property or enter into leases or subleases of the Property (or any portion thereof) that extend beyond the scheduled date of Closing, unless any such encumbrance, lease or sublease is subject to release or tennination by Seller on or prior to the scheduled date of Closing. Prior to the date of Closing, Seller shall maintain and manage the Property at its sole cost and expense, and is entitled to receive and retain any and all rents and )ease payments owing or collected from tenants for any period prior to the date of Closing. Prior to Closing, Seller shaJJ Jimit all tenants' use of the Property to substantially the same manner and type of use undertaken immediately prior to the opening of Escrow. 2. PURCHASE PRICE (a) Price. The total purchase price for the Property is Two Million Six Hundred Thousand Dollars ($2,()00,000) (the "Purchase Price"), as such amount may be adjusted for prorations in accordance with the provisions of this Agreement, and shaIJ be paid in cash to Seller by Purchaser through an escrow to be established with LandAmerica Lawyers Title (18551 Von Kannan Avenue, #100~200, Irvine, C~lifomia 92612) ("Title Company" and "Escrow Holder"). The Purchase Price includes Fifty Thousand Dollars ($50,000), together with interest earned thereon as provided in the following paragraph, that is payable to Seller five (5) business days after the opening of Escrow as defined in·Section 13 ("Deposit"), and the remaining balance of Two Million Five Hundred Fifty Thousand DolJars ($2,550,000) (Jess any adjustments for prorations made in accordance with the provisions of this Agreement) is payable to Seller upon the Close of Escrow (as defined in Section 1 J ). (b) Deposit. Within two (2) business days following the opening of Escrow, in accordance with Section 13 below, Purchaser shall provide Escrow Holder with the Deposit. The Escrow Holder shaJI release the Deposit to Seller within five (5) business days after the opening of Escrow as provided in the previous paragraph. While held by Escrow Holder, any funds provided by Purchaser shalJ be placed in a federally- insured interest-bearing account acceptable to the Purchaser with any interest earned thereon to be credited to the Purchaser and applied to the Purchase Price. The Deposit and interest earned thereon shall be non-refundable to the Purchaser under any circurilstances unless this Agreement is terminated because of a material default by SelJer hereunder. 3. TITLE (a) Report. If not delivered prior to the Agreement Date, Seller agrees to cause to be issued by the Title Company and delivered to Purchaser a Preliminary Title Report" ("PJR") on the Property, together with legible copies of all documents, whether 12264.3 2 recorded or unrecorded, evidencing exceptions to title referred to therein within fifteen (15) days of the Agreement Date. (b) Condition. Seller shall deliver fee simple title to the Property free and dear of all monetary liens, mortgages and deeds of trust other than non-delinquent real estate taxes and assessments, if any, and subject to the "Permitted Exceptions'' approved by Purchaser in accordance with Section 4, below. 4. CONDITIONS (a) Purchaser's Conditions Precedent to Closing. The following shall be conditions precedent to Purchaser's obligation to consummate the purchase and sale transaction con~~mpla~~d herein (the "Purchase~~s Co~ditions Precedent"): (i) Purchaser shall have received and approved the PTR and al1 the exceptions set forth in the PTR ("Permitted Exceptions"). If Purchaser disapproves or conditionally approves the PTR, Seller shall have thirty (30) days within which to notify Purchaser of SeJJer's election to cure said disapproved or conditionalJy approved items prior to the Close of Escrow. In the event Seller elects to cure all of said items, they shall be fulJy cured prior to Close of Escrow. If Seller elects not to cure all said items, Seller shall notify Purchaser of this election within thirty (30) days of Seller's receipt of the list of item(s) disapproved by Purchaser. After receipt of such notice, Purchaser shall then have thirty (30) days within which to notify Seller of Purchaser's election to either accept title to the Property subject to said items, or to terminate this transaction. Notwithstanding the foregoing, Purchaser hereby objects to all liens evidencing monetary encumbrances (excluding liens for non-delinquent property taxes and assessments), and Seller agrees to cause all such liens to be eliminated at SelJer's sole cost and expense (including all prepayment penalties and charges) on or prior to the date of the Closing. (ii) Title Company sha1 l have issued, or shall have committed to issue at the Closing, a CL TA Owner's Policy of Title Insurance with regional exceptions {the "Title Policy") with coverage equal to the Purchase Price, showing fee title vested in Purchaser, subject only to the Pennitted Exceptions. (iii) As of the Close of Escrow, Seller shall not be in material default of any of the tenns and provisions of this Agreement. (iv) Seller shaJJ have perfonned in all material respects each and every duty it has agreed to perfonn hereunder, and Se1ler's representations, warranties and covenants set forth in this Agreement shall be true and correct in all material respects as of the Closing. . (v) Seller shall have timely delivered to the Escrow Holder for disbursement as provided herein the items described in Section 9, below. 12264.3 3 (vi) All appJicable environmental impact studies, reports and filings required by the California Environmental Quality Act ("CEQA ") and other applicable law shall be completed and Purchaser shall have received environmental clearance for its intended use of the Property. The Purchaser's Conditions Precedent are solely for the benefit of Purchaser and may be waived only by Purchaser. In the event that the conditions are not satisfied or waived by the Purchaser in writing on or before the Closing Date (as defined in Section 11 ), then, except to the extent otherwise provided herein, this Agreement shall terminate, both parties shall be released from any liabilities or obligations under this Agreement and the Escrow shall be canceHed. Notwithstanding anything to the contrary contained herein, the Deposit, together with interest earned thereon, shalJ be retained by (or, if not released previously, released to) Seller unless this Agreement is tenninated as a result of clauses (iii) and/or (iv) above. (b) Seller's Conditions Precedent to Closing. The following shall be conditions precedent to Seller's obligation to consummate the purchase and sale transaction contemplated herein (the ''Seller's Conditions Precedent"): (i) On or before the Closing, Purchaser shall have delivered to Escrow Holder for disbursement, as provided herein, the Purchase Price, such other sums as are necessary to satisfy Purchaser's obligations hereunder, and the documents and materials described in Section J 0, below. (ii) Seller shall have received and approved, in its reasonably discretion, a Preliminary Title Report (the "Seller PTR,') issued by the Title Company with respect to the real property owned by Purchaser and located adjacent to the apartment complex situated on Seller's property which is across the street from the Property, as more particularly described on Exhibit 8 attached hereto and incorporated herein by this reference (the "Purchaser Property"), together with legible copies of all documents, whether recorded or unrecorded, evidencing exceptions to the title referred to therein. (iii) Title Company shall have issued, or shall have committed to issue, upon the conveyance of the Purchaser Property to Seller, a CLTA Owner's Policy ofTitle Insurance with regional exceptions (the "Seller's Title Policy") with coverage in the amount of$1,000, showing an easement for surface and subsurface uses.vested in SeJler, subject only to the exceptions approved by Seller in the Seller PTR. (iv) SeJJer shall have received and approved, in its reasonab]e discretion;(x) a fonn ofgrant deed or quitclaim deed whereby, upon completion by Purchaser of the construction and the commencement of operation of a pump station facility on a portion of the Real Property and the disassembly of the existing pump station located on the Purchaser Property, Purchaser will convey all of its right, title and interest to the Purchaser Property to Seller, free and clear of all exceptions other than those approved by Seller in the Seller PTR; (y) a fonn of conveyance, disassembly and 12264.3 4 abandonment agreement (the "Conveyance and Abandonment Agreement") whereby, upon completion by Purchaser of the construction and the commencement of operation of a pump station facility on a portion of the Real Property, Purchaser will diligently disassemble and remove all above-surface improvements related to the existing pump station facility on the Purchaser Property, wiJI disassemble and remove and cap-off, as necessary, all below-surface improvements related to the existing pump station facility on the Purchaser Property to the extent necessary to permit the Purchaser Property to be developed in the future for vehicular and pedestrian accessway and surface parking uses, and will thereafter abandon any remaining below-surface improvements, and convey all of its right, title and interest to the Purchaser Property to Seller pursuant to the deed described in clause (iv)(x) above; and (z) a fonn of environmental indemnification agreement whereby Purchaser will indemnify and defend Seller from and against any claims, liabilities, actions, penalties, costs and expenses related to any environmental conditions located on, in, below or above the Purchaser Property and arising from -Purchaser's use of sudl" Purchasers-Property as a _pump statiori-facilify-. - (v) As of the Close of Escrow, Purchaser shall not be in material default of any of the tenns and provisions of this Agreement. (vi) Purchaser shall have perfonned in all material respects each and every duty it has agreed to perfonn hereunder, and Purchaser's representations, warranties and covenants set forth in this Agreement shall be true and correct in all material respects as of the Closing. The Seller's Conditions Precedent are solely for the benefit of Se11er and may be waived only by Seller. In the event that the conditions are not satisfied or waived by the Seller in writing on or before the Closing Date then, except to the extent otherwise provided herein, this Agreement shall terminate, both parties shall be released from any liabilities or obligations under this Agreement and the Escrow shall be cancelled. Notwithstanding anything to the contrary contained herein, the Deposit, together with interest earned thereon, shall be retained by (or, if not released previously, released to) Seller. (~) Failure of Conditions to Close of Escrow. In the event any of the Purchaser's Conditions Precedent or the Seller's Conditions Precedent are not timely satisfied or waived for any reason other than a material default of Purchaser or SeJler under this Agreement: 12264.3 (i) Except to the extent otherwise provided herein, this Agreement, the Escrow and the rights and ob1igations of Purchaser and Seller shall tenninate; and (ii) In such event, Seller, Purchaser and Escrow Holder sha11 prompt1y return aJI documents and funds (other than the Deposit, together with earned interest therein, which shall remain the property of SelJer) which are held 5 by them on the date of said termination to the party who delivered or deposited them hereunder. ( d) Cancellation Fees and Expenses. In the event Escrow terminates because of the notice or failure to satisfy any condition for a reason other than a material default of Purchaser or Seller under this Agreement, the cancellation charges required to be paid to Escrow Holder and the Title Company shall be borne one-half ( 1/2) by Seller and one-half (112) by Purchaser, and all other charges shall be borne by the party incurring them. In the event Escrow terminates because of a material default of Purchaser or of Seller, the defaulting party shall be responsible for all cancellation charges required to be paid to Escrow Holder and Title Company. 5. ·-·REMEDIES/LIQUIDATED DAMAGES. - (a) PURCHASER'S DEFAULT. IF PURCHASER FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY, AS PROVIDED IN THIS AGREEMENT, BY REASON OF ANY DEFAULT OJ., PURCHASER, SELLER SHALL BE RELEASED FROM ITS OBLIGATION TO SELL THE PROPERTY TO PURCHASER, AND SELLER MAY TERMINATE THIS AGREEMENT, IN WHICH EVENT THE DEPOSIT AND ANY AND ALL INTEREST EARNED THEREON SHALL BE RETAINED BY THE SELLER. PURCHASER AND SELLER HEREBY ACKNOWLEDGE AND AGREE THAT IT WOULD BE IMPRACTICAL AND/OR EXTREMELY DIFFICULT TO FIX OR ESTABLISH THE ACTUAL DAMAGE SUSTAINED BY SELLER AS A RESULT OF SUCH MATERIAL DEFAULT BY PURCHASER, AND AGREE THAT THE REMEDY SET FORTH ABOVE IS A REASONABLE APPROXIMATION THEREOF. ACCORDINGLY, IN THE EVENT THAT PURCHASER BREACHES THIS AGREEMENT BY MATERIALLY DEFAULTING IN THE COMPLETION OF THE SALE, THE REMEDY SET FORTH ABOVE SHALL CONSTITUTE AND BE DEEMED TO BE THE AGREED UPON AND LIQUIDATED DAMAGES OF SELLER WHICH IS NOT INTENDED TO BE A FORFEITURE OR PENALTY, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER FOR THE PURCHASER'S FAILURE TO COMPLETE THE PURCHASE OF THE PROPERTY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676AND1677. SELLER AGREES TO, AND DOES HEREBY, WAl~E ALL OTHER REMEDIES AGAINST PURCHASER ARJSING OUT OF THIS AGREEMENT WHICH SELLER MIGHT OTHERWISE HAVE AT LAW OR IN EQUITY BY REASON OF SUCH DEFAULT BY PURCHASER. NOTWITHSTANDING THE FOREGOING, THE PARTIES AGREE AND ACKNOWLEDGE THAT NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED AS A WAIVER BY PURCHASER OF ITS RIGHT TO ACQUIRE THE PROPERTY USING ITS EMINENT DOMAIN POWERS. SELLER'S INITIAL~ PURCHASER'S INITIALS: ~ 12264.3 6 (b) SELLER'S DEFAULT. IF SELLER FAILS TO COMPLETE THE SALE OF THE PROPERTY AS PROVIDED IN THIS AGREEMENT BY REASON OF ANY MATERIAL DEFAULT OF SELLER, PURCHASER SHALL BE RELEASED FROM ITS OBLIGATION TO PURCHASE THE PROPERTY FROM SELLER, AND PURCHASER MAY TERMINATE THIS AGREEMENT, IN WHICH EVENT THE DEPOSIT ANY AND ALL INTEREST EARNED THEREON SHALL BE RETURNED TO PURCHASER. PURCHASER AND SELLER HEREBY ACKNOWLEDGE AND AGREE THAT IT WOULD BE IMPRACTICAL AND/OR EXTREMELY DIFFICULT TO FIX OR ESTABLISH THE ACTUAL DAMAGE SUSTAINED BY PURCHASER AS A RESULT OF SUCH MATERIAL DEFAULT BY SELLER, AND AGREE THAT THE REMEDY SET FORTH ABOVE IS A REASONABLE APPROXIMATION THEREOF. ACCORDI~GLY, JN TH.E E~;ENT J'HA T SELLER BREACHES THIS AGREEMENT BY MATERIALLY DEFAULTING IN THE COMPLETION OF THE SALE, THE REMEDY SET FORTH ABOVE SHALL CONSTITUTE AND BE DEEMED TO BE THE AGREED UPON AND LIQUIDATED DAMAGES OF PURCHASER WHICH IS NOT INTENDED TO BE A FORFEITURE OR PENALTY, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO PURCHASER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676AND1677. PURCHASER AGREES TO, AND DOES HEREBY, WAIVE ALL OTHER REMEDIES AGAINST SELLER ARISING OUT OF THIS AGREEMENT WHICH PURCHASER MIGHT OTHERWISE HA VE AT LAW OR IN EQUITY BY REASON OF SUCH DEFAULT BY SELLER. NOTWITHSTANDING THE FOREGOING, THE PARTIES AGREE AND ACKNOWLEDGE THAT NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED AS A WAIVER BY PURCHASER OF ITS RIGHT TO ACQUIRE THE PROPERTY USING ITS EMINENT DOMAIN POWERS. SELLER'S INITIALS:~) PURCHASER'S INITIALS: ~ 6. SELLER AND PURCHASER REPRESENTATIONS AND · WARRANTIES (a) Representations and Warranties. The representations and warranties set forth herein shal1 survive the Close of Escrow. (b) Representations and Warranties of Seller. Seller represents and wanants to Purchaser as follows: (i) Authority. Se11er has full right, power and lawful authority to enter into this Agreement, to grant, sell and convey the real property interest in the Property to Purchaser as provided herein, and to consummate the transactions contemplated hereby. Seller's entry into this Agreement has been duly authorized by all 12264.3 7 requisite action on the part of Seller and eac~ person signing this Agreement as or on behaJ f of SelJer is duly authorized to do so; (ii) Title. Seller, at the time of the execution of this Agreement, is seised of the Property in fee simple and is the )awful owner of and has good indefeasible title to the Property; (iii) Delivery of Title. Seller, at the time of Closing, agrees to deliver fee simple title to the Property free and clear of a) I monetary liens, mortgages and deeds of trust, other than non-delinquent real estate taxes and assessments, if any, and subject only to the exceptions approved by Purchaser in the Purchaser's PTR; (iv) Condemnation Procecdines. Seller represents and warrants that, to the best of its knowledge, no condemnation or eminent domain proceedings are now pending or anticipated with respect to aJI or any part of the Property; .. (v) Environmental Compliance. SeJler represents and warrants, that, to the best of its knowledge, the Property is in compliance with aJI EnvironmentaJ Laws, as hereinafter defined, and all other federal, stare and local Jaws relating to pollution or protection of human health, safety or the environment, including1 without limitation, laws relating to emissions, discharges, releases or threatened releases of any Hazardous Substances, as hereinafter defined, into the environment (including without limitation, ambient air, surface water, ground water, land surface or subsurface strata) or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Substances. Without limiting the foregoing, Seller represents that, to the best of its knowledge, there are no Hazardous Substances in violation of any Environmental Laws on, in or under the Property, whether deposited on land, waters or any other part of the site. Without limiting the foregoing, SelJer represents that, to the best of its knowledge, no spills, discharges, releases, deposits or emplacements of Hazardous Substances in violation of any Environmental Laws have ever occurred on the Property or on any real property immediately adjacent thereto; (vi) Disclosure of Environmental Conditions. Within ten ( l 0) business days after the Agreement Date, Seller shaJI disclose and make available to Purchaser any reports or other infonnation in the Seller's possession as of the Agreement Date relating to (i) the actua1 or potentia1 presence of Hazardous Substances on the Property, and (ii) any actua1 or potential violation of Environmental Laws at the Property; (vii) Pending Legal Action. Seller represents and warrants that, to the best of its knowledge, there are no legal actions, suits or other legal or administrative proceedings pending, threatened against or which may affect a11 or any portion of the Property and Seller is not aware of any facts which might result in any such action, suit or other proceedings; (viii) Occupancy. Seller represents and warrants that at the time of Closing there are no parties in possession of any portion of the Property as lessees, 12264.3 8 tenants at sufferance, trespassers, invitees or purported owners or sellers thereof, except those which have been identified by SelJer and approved in writing by Purchaser. A complete list of all tenants is included in Exhibit B to this Agreement which is attached hereto and incorporated herein by this reference; (ix) Unrecorded Agreements. Seller represents and warrants that, to the best of its knowledge, there are no unrecorded agreements or restrictions which would in any material manner affect the Property; (x) Conflicting Obligations. Seller represents and warrants that its entry into this Agreement and the perfonnance of its obligations hereunder do not contravene or constitute breach of any agreement, contract or indenture to which Seller is a party or by which Seller or its assets are bound; ···(xi) Adverse Facts or Conditions. Seller represents and warrants that, to the best of its knowledge, there is no significant adverse fact or condition relating to the Property which has not been specifically disclosed in writing by Seller to Purchaser; (xii) Seller's Oneoing Representations and Warranties. Until the Close of Escrow, Se11er shall, upon learning of any fact or condition, which would cause any of the warranties and representations in this Section not to be true in any material respect as of the Closing, promptly give written notice of such fact or condition to Purchaser. Such exception to a representation shall not be deemed a breach by Sel1er hereunder, but shall constitute an exception which Purchaser shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of the Property. If Purchaser elects to close Escrow following disclosure of such infonnation, SeJler's representations and warranties contained herein shall be deemed to have been made as of the Close of Escrow, subject to such exception(s). If, following the disclosure of such infonnation, Purchaser elects to not close Escrow, then, except to the extent otherwise provided herein, this Agreement and the Escrow shall automatical1y terminate and neither party shall have any further rights, obligations or liabilities under the terms of the Agreement. Notwithstanding the foregoing, (x) the Deposit, together with interest earned thereon, shall be retained by (or, if not released previously, released to) Seller, and (y) the parties agree and acknowledge that this paragraph shall not be construed as a waiver by Purchaser of its right to obtain the Property using its eminent domain powers; (xiii) Operation of Property. Seller hereby agrees that at all times prior to the Close of Escrow, and at the Seller's sole cost and expense, that Seller wiJI: (i) keep all existing insurance policies, if any, affecting the Property in full force and effect; (ii) operate, use and maintain the Property in compliance with all applicable state and local laws and regulations and in substantially the same manner as prior hereto in accordance with Seller's nonnal course of business (reasonable wear and tear excepted); (iii) not enter into )eases or any other obligations, contracts or agreements affecting the Property and extending beyond the Closing Date without the prior written consent of Purchaser, which consent Purchaser may withhold in its sole discretion, excepting, 12264.3 9 however, any lease or other agreement which is subject to release or termination by Seller on or prior to the scheduJed date of Closing; (iv) not convey any interest in the Property (excluding any encumbrance), (v) not subject the Property to any Hens, encumbrances, covenants, conditions, easements, rights-of-way or similar matters after the date of this Agreement which will not be eliminated prior to the Closing; and (vi) not make any material alterations to the Property. (c) Representations and Warranties of Purchaser. Purchaser represents and warrants to Seller as follows: (i) Authorization. Purchaser represents and warrants that its entry into this Agreement has been duJy authorized by all requisite action on the part of Purchaser and each person signing this Purchase Agreement as or on behalf of Purchaser is duly authorized to do so. Purchaser further represents that it has full right and authority to enter into this Agreement and consummate the transactions described herein. The execution, consent or acknowledgment of no other person or entity is necessary in order to validate the execution of this Purchase Agreement by Purchaser or permit the consummation of the transactions described herein; (ii) CEOA Compliance. As a governmental agency, Purchaser is required by Jaw to comply with the requirements of CEQA in connection with the approval of this Agreement and the purchase of the Property. Prior to Closing, Purchaser shall so comply, including, as applicable, conducting an InitiaJ Study, filing of a Notice of Exemption, approving a Negative Declaration or certifying an Environmental Impact Report, and filing a Notice of Determination. (iii) Title to Purchaser Property. Purchaser is and at aJI times will have an interest in the Purchaser Property to the extent of an easement interest in the surface and subsurface and is the lawful owner of said interest and has good indefeasible title to said interest in the Purchaser Property. (iv) Delivery of Title to Purchaser Property. Purchaser agrees to deliver all of its right, title and interest to the Purchaser Property free and clear of all monetary liens, other than non-delinquent real property taxes and assessments, if any, and subject only to the exceptions approved by Seller in the Seller PTR, aJJ at the time and in the manner set forth in the Conveyance and Abandonment Agreement. (v) Environmental Compliance. Purchaser represents and warrants, that, to the best of its knowledge, the Purchaser Property is in compliance with all Environmental Laws, as hereinafter defined, and alJ other federal, state and local laws relating to polJution or protection of human health, safety or the environment, including, without limitation, laws relating to emissions, discharges, releases or threatened releases of any Hazardous Substances, as hereinafter defined, into the environment (including without limitation, ambient air, surface water, ground water, ]and surface or subsurface strata) or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Substances; Without limiting the 12264.3 10 foregoing, Purchaser represents that, to the best of its knowledge, there are no Hazardous Substances in violation of any Environmental Laws on, in or under the Purchaser Property, whether deposited on land, waters or any other part of the site. Without limiting the foregoing, Purchaser represents that, to the best of its knowledge, no spills, discharges, releases, deposits or emplacements of Hazardous Substances in violation of any Environmental Laws have ever occurred on the Purchaser Property or on any real property immediately adjacent thereto; (vi) Disclosure of Environmental Condilions. Within ten (10) business days after the Agreement Date, Purchaser shall disclose and make available to Seller any reports or other information in the Purchaser's possession as of the Agreement Date relating to (i) the actual or potential presence of Hazardous Substances on the Purchaser Property, and {ii) any actual or potential vio1ation of Environmental Laws at the Purchaser Property; (vii) Pending Legal Action. Purchaser represents and warrants that, to the best of its knowledge, there are no legal actions, suits or other legal or administrative proceedings pending, threatened against or which may affect all or any portion of the Purchaser Property and Purchaser is not aware of any facts which might result in any such action, suit or other proceedings; (viii) Occu_p_~ncy. Purchaser represents and warrants that, at the time of cJosing of the conveyance of the Purchaser Property pursuant to the Conveyance and Abandonment Agreement, there are no parties in possession of any portion of the Purchaser Property as lessees, tenants at sufferance, trespassers, invitees or purported owners or sellers thereof, except those which have been identified by Purchaser and approved in writing by Seller; (ix} Unrecorded Agreements. Purchaser represents and warrants that, to the best of its knowledge, there are no unrecorded agreements or restrictions which would in any material manner affect the Purchaser Property; (x) Adverse Facts or ConditiQns. Purchaser represents and warrants that, to the best of its knowledge, there is no significant adverse fact or condition relating to the Purchaser Property which has not been specifically disclosed in writing by Purchaser to SeJler; (xi) Conflicting Obligations. Purchaser represents and warrants that its entry into this Agreement and the pcrfonnance of its obligations hereunder does not contravene or constitute breach of any agreement, contract, or indenture to which Purchaser is a party or by which Purchaser or its assets are bound; (:xii) Purchaser's Oneoing R~presentations and Warranties. l . Until the Close of Escrow, Purchaser shall, upon learning of any fact or condition, which would cause any of the warranties and 12264.3 l I representations in this Section not to be true in any material respect as of the Closing, promptly give written notice of such fact or condition to Seller. Such exception to a representation shall not be deemed a breach by Purchaser hereunder, but shaJJ constitute an exception which Seller shall have a right to approve or disapprove if such exception would have an effect on the value and/or operation of the Property. If Seller elects to close Escrow following disclosure of such information, Purchaser's representations and warranties contained herein shall be deemed to have been made as of the Close of Escrow, subject to such exception(s). If, following the disclosure of such infonnation, Seller elects to not close Escrow, then, except to the extent otherwise provided herein, this Agreement and the Escrow shall automatica1ly terminate, and neither Party shall have any further rights, obligations or liabilities under the terms of the Agreement. Notwithstanding the foregoing, (x) the Deposit, together with interest earned thereon, shall be retained by (or, if not released previously, released to) Seller. 2. .From the Close of Escrow until the conveyan.ce of the Purchaser Property pursuant to the Conveyance and Abandonment Agreement, Purchaser shall, upon learning of any fact or condition, which would cause any of the warranties and representations in this Section not to be true in any material respect as of such closing, promptly give written notice of such fact or condition to Seller. If such exception would have an effect on the value of the Purchaser Property, Seller shall be entitled to compensation from Purchaser in an amount equal to such decrease in value, which amount shall be paid by Purchaser to Seller upon such closing. (xiii) Qp~ratiop of Purchaser Property. Purchaser hereby agrees that at all times prior to the close of the conveyance of the Purchaser Property pursuant to the Conveyance and Abandonment Agreement, and at the Purchaser's sole cost and expense, that Purchaser will: (i) operate, use and maintain the Purchaser Property in compliance with all applicable state and local laws and regulations, and in substantially the same manner as prior hereto in accordance with Purchaser's nonnal course of business (reasonable wear and tear excepted); (ii) not enter into leases or any other obligations, contracts or agreements affecting the Purchaser Property; (iii) not convey any interest in the Purchaser Property, (iv) not subject the Property to any liens, encumbrances, covenants, conditions, easements, rights-of-way or similar matters after the date of this Agreement which will not be eliminated prior to such closing; and (v) not make any material alterations to the Property. (xiv) Purchaser hereby agrees and acknowledges that (i) it has made or will have made its own investigations and inspections of the Property, including, without Jimitation, the physical aspects of the Property and the Property's compliance with all laws applicable to the Property's current or intended use or development; (iii) in connection with its investigations and inspections of the Property it has contracted or had the opportunity to contract with certain advisors and consultants, including, but not limited to, environmental consultants, engineers and geologists, to conduct such environmental, hazardous material, geological, soils, hydrology, seismic, endangered species, archeological, physical, structural, mechanica] and other inspections of the Property as Buyer deemed to be necessary; (ii) it has approved the reports of such 12264.3 12 advisors and consultants; (iv) it is relying on such repons and its own investigations as to the Property, its condition and other characteristics and compliance with laws. AJI of Purchaser's representations and warranties (and, in the case of clauses (c)(xiv) above, agreement of Purchaser) set forth above will survive execution and delivery of this Agreement and Close of Escrow and accrue to the benefit of Seller and its successors and assigns. For purposes of this Agreement, the terms "Environmental Laws" and "Hazardous Substances" are defined as follows: The term "Environmental Laws" means and includes, without limitation, any federal, state or local law, statute, regulation or ordinance pertaining to health, industrial hygiene or the environmental or ecological conditions, on, under or about the premises, frtcluding, witnout limitation, each-of the following: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended C'CERCLA "), 42 U .S.C. sec. 9601, et seq.; the Resource Conservation and Recovery Act of 1976, as amended ("RCRA"), 42 U.S.C. sec. 6901, et seq.; the Clean Air Act, as amended, 42 U.S.C. sec. 7401, et seq.; the Federal Water Po11ution Control Act, as amended, 33 U.S.C. sec. 1251, et seq.; the Toxic Substances ControJ Act of 1976, 15 U.S.C. sec. 2601, et seq.; the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. sec. I 100 I, et seq.; the National Environmental Policy Act of 1975, 42 U.S.C. sec. 4321, the Rivers and Harbours Act of 1899, 33 U.S.C. sec. 401, et seq.; the Endangered Species Act of 1973, as amended, 16 U.S.C. sec. 1531, et seq.; the Migratory Bird Treaty Act, 16 U.S.C. sec. 703-12; the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. sec. 651, et seq.; the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. sec. 300(f), et seq.; the Federal Hazardous Materials Transportation Act, as amended, 49 U.S.C. sec. 180 l, et seq.; the Carpenter-PresJey-Tanner Hazardous Substances Account Act ("HSAA"), as amended, California Health & Safety Code section 25300 et seq., the Porter-Cologne Water Quality Control Act ("Porter-Cologne Act"), as amended, California Water Code section 13000 et seq., the California Hazardous Waste Control Law ("HWCL "), as amended, California Health and Safety Code section 25100 ct seq., The California Hazardous Materials law, as amended, California Health and Safety Code section 25500, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, as amended, California Health & Safety Code section 25249.5 et seq.; the rules, regulations and ordinances of the U.S. Environmental Protection Agency; and all other agencies, boards, commissions and other governmental bodies and officers having jurisdiction over the premises or the use or operation thereof. The tenn "Hazardous Substance" means and includes: (i) petroleum, petroleum by-products, petroleum derivatives and any and all other hydrocarbons; (ii) those substances which are or become included within the definitions of "hazardous substances", "hazardous material", "toxic substances'' "hazardous waste" or "solid waste" in any ofCERCLA, RCRA, the Clean Air Act, the 12264.3 13 Hazardous Materials Transportation Act (49 U.S.C.A. sec. J 801, et seq.), HSAA, Porter- Co1ogne Act, HWCL and in regulations promulgated pursuant thereto; (iii) those substances which are or become listed in the U.S. Department of Transportation Table or amendments thereto (49 CFR sec. 172.101 ( 1988) or by the U.S. Environmental Protection Agency (or any successor agency) as hazardous substances; (iv) those other substances, materials and wastes which are or become regulated under any applicable federal, state or local law, regulation or ordinance, or by any federal, state or local governmental agency, board, commission or other governmental body, or which are or become classified as hazardous or toxic by any such law, regulation or ordinance; and (v) any material, waste or substance which is any of the following: asbestos, po1ych1orinated biphenyls, designated or listed as a "hazardous substance" pursuant to Sec. 132 J ( 14) of the Clean Water Act, explosive or radioactive. Al1 of SelJer's representations and warranties set forth above will survive execution and delivery of this Agreement and Close of Escrow and accrue to the benefit of Purchaser and its successors and assigns. 7. INDEMNIFICATION. (a) SelJer hereby agrees to indemnify, defend and hold Purchaser hannless from and against any and all Josses, damages, costs and expenses, including reasonable legal fees and disbursements incurred by Purchaser as a result of a breach of Seller's representations, warranties and/or covenants in this Agreement; provided, however, nothing contained herein shaJI obligate Seller with respect to, or negate or modify any liabiJity of Purchaser for a breach of, Purchaser's representations, warranties and/or covenants in this Agreement. (b) Purchaser hereby agrees to indemnify, defend and hold Seller hannless from and against any and all losses, damages, costs and expenses, including reasonable legal fees and disbursements incurred by Seller as a result of a breach of Purchaser's representations, warranties and/or covenants in this Agreement; provided, however, nothing contained herein shall obligate Purchaser with respect to, or negate or modify any JiabiJity of SeJler for a breach of, Seller's representations, warranties and/or covenants in this Agreement. The Indemnification obligations of Seller and Purchaser under this Section 7 shall survive the Closing or any tennination of this Agreement. 8. BROKERS 12264.3 14 Purchaser and Seller each represents to the other that no brokers have been involved in this transaction. Purchaser and SeJJer agree to indemnify one another against any claims, suits, damages and costs incurred or resulting from the claim of any person for any fee or remuneration due in connection with this transaction pursuant to a written agreement made with said claimant. The indemnification obligations of Seller and Purchaser under this Section 8 shall survive the Closing or any tennination of this Agreement. 9. SELLER'S CLOSING DELIVERIES At least one ( 1) business day prior to Closing, Seller shall deJiver or cause to be delivered to the Escrow Holder the following: --. ··---- (a) A grant deed executed by Se11er, in recordable fonn, conveying fee title in the Property to Purchaser (the "Deed"). (b) A signed counterpart executed by Seller of the Conveyance and Abandonment Agreement. (c) Any other documents, instruments or agreements reasonably necessary or reasonably required by Purchaser, the Title Company or Escrow Holder to effectuate the transaction contemplated by this Agreement. 10. PURCHASER'S CLOSING DELIVERIES At least one (1) business day prior to Closing, Purchaser shaJI deliver or cause to be delivered to the Escrow Holder the following: (a) The balance of the Purchase Price, together with such other sums as the Escrow Holder shall require to pay Purchaser's share of the closing costs, prorations and adjustments set forth herein, in immediately available funds. (b) A certificate of acceptance executed by Purchaser in recordable form accepting the conveyance of the Property. (c) A signed counterpart executed by Purchaser of the Conveyance and Abandonment Agreement. (d) Any other documents, instruments or agreements reasonably necessary or reasonably required by Seller, the Title Company or Escrow Holder to cff ectuate the transaction contemplated by this Agreement. 12264.3 15 11. CLOSING The purchase and sa]e contemplated herein shall close (the "Closing" or "Close of Escrow") on June 1, ·2004 (the "Closing Date"), unless otherwise agreed to in writing by the parties. As used herein, the term ''Closing" means the date and time the SeJler's Deed is recorded in the Offida] Records of Orange County, California and a11 other escrow instructions included in Section I 3 of this Agreement have been fully performed. If the Closing has not occurred by the Closing Date (unless the Closing has been previously extended by written notice signed by both Purchaser and Seller and delivered to Escrow Holder), either Purchaser or Seller may terminate this Agreement in accordance with the terms of Section 4(a) or (b) (if neither party is in material breach or default) and demand the return of all documents and funds deposited by it, respectively, into Escrow by delivering written notice of such tennination and demand to the other party and Escrow Holder, and upon Escrow Holder's be~ng reimbursed by the nottfying_ party fo"i· such party's share of"the Escrow fees and charges, Escrow Holder shall comply with said notice and demand and tenninate the Escrow pursuant to the provisions of Section 4(c). 12. CLOSING COSTS Upon or prior to the Close of Escrow, Purchaser and Seller shall each pay one- half ( J /2) of all city and county documentary transfer taxes, all escrow fees and costs, and all document recording charges. Purchaser and SeJler shall each also pay half (1/2) of the cost of the Title Policy. Purchaser shaH pay the entire cost of all title endorsements requested by Purchaser. Purchaser and Seller shall each pay their own respective legal and professional fees and fees of other consultants incurred by Purchaser and SeJJer, respectively. 13. ESCROW (a) Upon execution of this Agreement by Purchaser and Seller, the parties hereto shaJl deposit an executed counterpart of this Agreement with the Escrow Holder. The acceptance of this Agreement by the Escrow Holder shall constitute the joint es~row instructions of Purchaser and Seller to the Escrow Holder to open an escrow ("Escrow") for the consummation of the sale of the Property to Purchaser pursuant to the tenns of this Agreement. Upon the Escrow Holder's written acceptance of this Agreement, Escrow Holder is authorized to act in accordance with the tenns of this Agreement. Purchaser and Seller shaJI execute the Escrow Holder's general escrow instructions upon request; provided, however, that ifthere is any conflict or inconsistency between such genera] escrow instructions and this Agreement, this Agreement shaIJ control. (b) Provided Purchaser and Seller have deposited into the Escrow the matters required by this Agreement and Title Company can and will issue the Title Policy concurrently with the Closing, the Escrow Holder shall: 12264.3 16 (i) Deliver to Purchaser the Deed by causing it to be recorded in the Official Records of the Office of the County Recorder of Orange County, California; (ii) Deliver to Seller the Purchase Price less SelJer's portion of any closing costs and any other applicable fees or offsets; (iii) Deliver to Purchaser any funds deposited by Purchaser, and any interest earned thereon, in excess of the amount required to be paid by Purchaser hereunder; (iv) Deliver the Title Policy issued by Title Company to Purchaser. (v) Deliver a fu-lly signed originarof the. Conveyance and Abandonment Agreement to each of Purchaser and Seller. 14. GENERAL PROVISIONS (a) Arbitration. If the only controversy or claim between the parties arises out of or relates to the disposition of the Deposit, such controversy or claim shal1 be decided by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The provisions of Code of Civil Procedure Section I 283.05 shall be applicable to such arbitration. (b) Entire Agreement, Waiver and Modification. This Agreement is the entire Agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. (c) Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. (d) Time of Essence. Time is of the essence in the performance of and compliance with each of the provisions and conditions of this Agreement. (e) Notices. Any communication, notice or demand of any kind whatsoever that either party may be required or may desire to give to or serve upon the other sha11 be in writing and delivered by personal service (including express or courier service), by facsimile (if confirmed in writing sent by registered or certified mail, postage 12264.3 17 prepaid, return receipt requested), or by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: Seller: With a copy to: Purchaser: With a copy to: International Bay CJubs, Inc. 1221 West Coast Highway Newport Beach, California 92663 Attention: David C. Wooten, President Telephone: (949) 645-5000 Facsimile: (949) 646-7010 Sherry Meyerhoff Hanson & Crance LLP 610 Newport Center Drive, Suite 1200 Newport Beach, California 92660 Attention: Scott A. Meyerhoff, Esq. Telephone: (949) 719-1200 Facsimile: (949) 719-12 I 2 Orange County Sanitation District P.O. Box 8127 Fountain Va1ley, California 92728-8127 Attention: Penny Kyle, Board Secretary Telephone: (714) 962-2411 Facsimile: (714) 962-5018 Woodruff, Spradlin & Smart 701 S. Parker Street, Suite 8000 Orange, California 92868 Attention: Thomas L. Woodruff, f:sq. Telephone: (714) 558-7000 Facsimile: (714) 835-7787 Either party may change its address for notice by written notice given to the other in the manner provided in this Section. Any such communication, notice or demand shall be deemed to have been duly given or served on the date personaJJy served, if by personal service, one (1) day after the date of confinned dispatch, if by facsimile, or three (3) days after being placed in the U.S. mail, if mailed. (0 Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable Jaw, but, if any provision of this Agreement shall be invalid or prohibited thereunder, such invalidity or prohibition sha11 be construed as if such inva1id or prohibited provision had not been inserted herein and shall not affect the remainder of such provision or the remaining provisions of this Agreement. 12264 3 18 (g) Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the Jaws of the State of California in effect at the time of the execution of this Agreement. The parties consent to the jurisdiction of the Cali fomia courts with venue in Orange County. (h) Attorneys' Fees. In the event any dispute between the parties with respect to this Agreement results in litigation or other.proceeding, the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation, reasonabJe attorneys' fees and experts' fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. (i) Assignment. This Agreement shall be binding upon and shall inure to the benefit of Purchaser and Seller and their respective personal representatives and -successors. "P·urchaser and.Seller shall not have the right to assign this Agreement or any interest or right under this Agreement or under the Escrow without the express written consent of the other party. (j) Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day Escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The tenn "holiday" shall mean aJJ holidays as specified in Section 6700 and 6701 of the California Government Code. (k) Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. (I) Cooperation. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. (m) Authority. Each individual and entity executing this Agreement hereby represents and warrants that they have the capacity set forth on the signature pages hereof with full power and authority to bind the party on whose behalf they are executing this Agreement to the tenns hereof. 12264.3 19 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. SELLER: INTERNATIONAL BAY CLUBS, JNCORPORA TED By: ~-s David C. Wooten, President By: Gerald T. Johni:cretary h..>S~ ATTEST: 122643 20 PURCHASER: ORANGE COUNTY SANITATION DISTRICT By: ATTEST: By: Printed Name: -------Its: APPROVED AS TO FORM: By: Thomas L. Woodruff, Esq. General Counsel IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. . . . . . . . . . . . . . . . . . e I I • • • I • . . . . . . . . . SELLER: INTERN A TJONAL BAY CLUBS, INCORPORATED By: David C. Wooten, President By: Gerald T. Johnson, Secretary ATTEST: By: Printed Name: -------Jts: 12264.3 20 PURCHASER: . . . . . . . . :-:-:~:-:-:.: .·.·.IQ ... ·.·.· • I I I • I 111 I I . . . . . . . . . ORANGE COUNTY SANITATION:::::::::::::::::: DISTRICT APPROVED AS TO FORM: By: Tho~d~t· General Counse1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their du1y authorized representatives as of the date first above written. SELLER: INTERNATIONAL BAY CLUBS, INCORPORATED By:~l David C. Wooten, President By: P,,2~~ -:o re ATTEST: By: #,.~ 'f5tu. i:J.,,, Printed Name~/{M<cf .13a.ecJCe- Its: t2£nc.~a<"~ d-.t£: 12264.3 20 PURCHASER: ORANGE COUNTY SANITATION DISTRICT By: ATTEST: By: Printed Name: -------Its: APPROVED AS TO FORM: By: Thomas L. Woodruff, Esq. General Counsel EXHIBIT A LEGAJ.~JJESC.R{PTJON OF IHE..PROPERTY ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL A: THOSE PORTIONS OF LOT 171 OF IRVINE'S SUBDIVISION AND TRACT NO. I 210, SHOWN AS PARCEL I ON THE MAP RECORDED IN BOOK 59, PAGE 6 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM AL""COIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RJGHT OF DRILLING, MINING, EXPLORING, AND OPERA TING THEREFOR, AND STORING IN AND REMOVING Tl IE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHJPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS, AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTON SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERA TE THROUGH THE SURF ACE OF THE LAND HERINABOVE DESCRIBED, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A CORPORATION, RECORDED JUNE 2, 1969 IN BOOK 8974, PAGE 265 OF OFFICJAL RECORDS. PARCELB: LOTS 61, 62, AND 63 OF TRACT NO. 1210, AS SHOWN ON A MAP RECORDED IN BOOK 40, PAGE 45 AND 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. 12264.3 21 EXHIBITB LEASES IN EFFECT AT THE TIME OF CLOSING 1. Commercial Net Lease dated JuJy 8, 1993, between Beverly Ray, as lessor, and Nautical Enterprises Incorpon1ted dba H&S Yacht Sales, as lessee, as subsequently amended and assigned, with respect to 1700 West Coast Highway. 2. Industrial Lease dated as of February, 2003, between International Bay Clubs, Incorporated, as landlord, and Les Interieurs, Inc., as tenant, with respect to 1800 West Coast Highway. 12264.3 22 CONVEYANCE, DISASSEMBLY AND ABANDONMENT AGREEMENT THIS CONVEYANCE, DISASSEMBLY AND ABANDONMENT AGREEMENT (this "Agreement") is entered into to be effective as of , 200_ ("Agreement Date") for identification purposes only, by and between the Orange County Sanitation District, a government agency and political subdivision of the State of California ("Purchaser"), and International Bay Clubs, Incorporated ("Seller"). Execution of this Agreement is pursuant to approval and authorization of the Orange County Sanitation District Board of Directors and the International Bay Clubs, Incorporated Board of Directors. RECITALS The following recitals are a substantive part of this Agreement A. Seller is the owner of that certain real property located at 1700 -2000 W. Coast Highway in the City of Newport Beach, State of California (the "Seller Real Property"), more particularly described on Exhibit A attached hereto and incorporated herein by this reference, together with all fixtures, buildings, parking areas, landscaping and other real property improvements located on the Real Property (the '~Seller Improvements"). The Seller Real Property and the Seller Improvements, together with all right, title, interest rights, and interests of Seller in and to all streets, alleys, appurtenances, easements and rights-of-way in, on, across, in front of, abutting and/or adjoining the Seller Real Property, shall be referred to herein collectively as the "Seller Property." B. Purchaser is a governmental agency, a political subdivision of the State of California and is legally empowered to purchase and own real property in furtherance of its business purposes. C. Pursuant to the terms and subject to the conditions set forth in that certain Purchase and Sale Agreement and Joint Escrow Instructions dated as of September 17. 2003, by and between Seller and Purchaser (the 11 Purchase Agreement"), Seller is sel1ing to Purchaser and Purchaser is purchasing from Seller the Seller Property. D. Purchaser is the owner of an easement interest in that certain real property more particularly described on Exhibit B attached hereto and incorporated herein by this reference (the "Purchaser Real Property") and is the owner of all fixtures and other real property improvements located on, in, or under the Purchaser Real Property (the "Purchaser Improvements"). The easement rights and interests of Purchaser in and to the Purchaser Real Property, together with all right, title, interest rights, and interests of Purchaser in and to all Purchaser Improvements, shall be referred to herein collectively as the "Purchaser Property". E. As part of the consideration to be paid to Seller for purchasing the Property from Seller pursuant to the terms and subject lo the conditions set forth in the : :ODMA \PCDOCS\DOCS\ 189659\2 Version: Modified 8/17/04 at 2: 17 p.m. EXHIBIT 3 Purchase Agreement, Purchaser has agreed that, after the closing of its purchase of the Seller Property under the Purchase Agreement, and after its completion of construction and commencement of operation of a new pump station facility on a portion of the Seller Property, (i) Purchaser will diligently disassemble and remove all above-surface improvements related to the existing pump station facility on the Purchaser Real Property; (ii) Purchaser will diligently disassemble, remove and cap-off. as necessary, all below-surface improvements related to the existing pump station facility on the Purchaser Property to the extent necessary to allow the Purchaser Property to be developed in the future for vehicular and pedestrian accessway and surface parking uses; and (iii) upon completion of the events described in the immediately preceding clauses (i) and (ii)~ Purchaser will abandon any rights or interests it may have to any remaining below- surface improvements related to the existing pump station facility, and quitclaim to Seller or its nominee all of its righ4 title, interest rights and interests in and to the Purchaser Property. F. In addition, as part of the consideration to be paid to Seller for purchasing the Seller Property from Seller pursuant to the terms and subject to the conditions set forth in the Purchase Agreement, Purchaser has agreed to execute an environmental indemnification agreement, in form and substance mutually acceptable to Seller and Purchaser, whereby Purchaser agrees to indemnify, defend and hold Seller harmless from and against any and all claims, liabilities, actions, penalties, costs and expenses related to any environmental conditions located on, in, below or above the Purchaser Property and arising from Purchaser's construction, operation and/or use of the Purchaser Property as a pump station facility (the "Environmental Indemnity"). G. Seller and Purchaser desire to enter into this Agreement for the purpose of expanding on the agreements of the parties as described in Recital E of this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. CONSTRUCTION/COMMENCEMENT OF OPERATION OF NEW PUMP STATION ON FACILITY: DISPOSITION OF THE PURCHASER PROPERTY (a) Construction of New Pump Station Facility. Purchaser agrees that it will commence the construction of a new pump station facility on a portion of the Seller Real Property (the "New Facility") within a commercially reasonable time period after the closing of its acquisition of the Seller Property under the Purchase Agreement (the "Property Acquisition Date"), and that it will thereafter diligently proceed with such construction so that the New Facility is completed and is operating within twenty- four (24) months after the Property Acquisition Date, subject to the Force Majuere Events (as hereinafter defined). : :ODMA \PCDOCS\DOCS\189659\2 2 Version: Modified 8/17/04 at 2: 17 p.m. (b) Disassembly, Removal and Capping-Off of Existing J>ump Station Facility. Within sixty (60) days after the completion and commencement of operation of the New Facility, Purchaser agrees that (i) it will commence the disassembly and removal of all above-surface improvements related to the existing pump station facility on the Purchaser Real Property (the "Existing Facility"), and (ii) it will commence and thereatier diligently proceed with the disassembly, removal and capping- off, as necessary, of all below-surface improvements related to the Existing Facility to the extent necessary to allow the Purchaser Real Property to be developed in the future for vehicular and pedestrian accessway and surface parking uses (the work described in clauses (i) and (ii) of this Section l(b) shall be hereinafter collectively referred to as the "Existing Facility Removal Work"). Purchaser covenants that all Existing Facility Removal Work shall be completed in accordance with the provisions of this Agreement no later than thirty (30) months after the Property Acquisition Date, subject to Force Majuere Events. (c) Compliance with Laws. All of the Existing Facility Removal Work shall be performed in strict compliance with the applicable laws of all governmental authorities having jurisdiction over such Work, including, without limitation, all applicable environmental laws. ( d) Abandonment, Transfer of Purchaser Property. Within thirty (30) days after the completion of the Existing Facility Removal Work, Purchaser agrees that (i) it will abandon any rights or interests it may have to any remaining below-surface improvements related to the Existing Facility; and (ii) it will release and <JUitclaim to Seller or its nominee all of Purchaser's right, title and interest in and to the Purchaser Property pursuant to a quitclaim deed in the form attached hereto as Exhibit C (the 11Quitclaim Deed"). (c) Definition of Force Majuere Events. For purposes of this Agreement, the term "Force Majuerc Events" shall mean only proven delays due to strike, acts of God. inability to obtain labor or materials, governmental restrictions. acts of war or terrorism, enemy action, civil commotion, fire or similar causes provided such similar causes are beyond Purchaser's reasonable control. Any delay caused by a Force Majuere Event shall extend the time period by one (I) day for each day that such Force Maj uere Event exists. 2. TITLE; REPRF.SENT ATIONS, WA RRANTTES AND COVENANTS (a) Title. Purchaser agrees that it will provide Seller with the Seller PTR (as defined in the Purchase Agreement), together with copies of all documents evidencing exceptions to title, to enable Seller to approve or disapprove matters shown on the Seller PTR within the time period and in the manner described in Section 4(b)(ii) of the Purchase Agreement. In addition, Purchaser shall, at its sole cost and expense, provide the Seller's Title Policy (as defined in the Purchase Agreement) to Seller upon the closing of the transfor of the Purchaser Property to Seller. in the form and otherwise in accordance with the provisions of Section 4(b )(iii) of the Purchase Agreement. ::ODMA \PCDOCS\DOCS\189659\2 3 Version: Modified 8/17/04 at 2: 17 p.m. (b) Renresentations, Warranties and Covenants. Purchaser agrees that the representations, warranties and covenants of Purchaser in the Purchase Agreement that relate to the Purchaser Property, including, without limitation, Sections 6( c )(iii) through (x), inclusive, (xii) and (xiii), are binding upon Purchaser and are, by this reference, incorporated herein. 3. INDEMNIFICATION. Purchaser hereby agrees to indemnity, defend and hold Seller harmless from and against any and all losses. damages, costs and expenses, including reasonable legal fees and disbursements incurred by Seller as a result of a breach of Purchaser's representations, warranties and/or covenants in this Agreement. The indemnification obligations of Purchaser under this Section 3 shall survive the transfer of the Purchaser Property to Seller or its nominees. 4. PURCHASER'S CLOSING DELIVERIES At least one (I) business day prior to the closing of the transfer of the Purchaser Property to Seller or its nominees, Purchaser shall deliver or cause to be delivered to the Escrow Holder the following: (a) The Quitclaim Deed executed by Purchaser in recordable form. (b) The Environmental Indemnity Agreement, in the form of Exhibit D attached hereto, executed by Purchaser. ( c) Any other documents, instruments or agreements reasonably necessary or reasonably required by Purchaser, the Title Company (as defined in the Purchase Agreement) or Escrow Holder (as defined in the Purchase Agreement) to effectuate the transaction contemplated by this Agreement. 5. SELLER'S CLOSING DELIVERIES At least one ( l) business day prior to the closing of the transfer of the Purchaser Property to Seller or its nominees, Seller shall deliver or cause to be delivered to the Escrow Holder any documents, instruments or agreements reasonably necessary or reasonably required by Purchaser, the Title Company or Escrow Holder to effectuate the transaction contemplated by this Agreement. 6. CLOSING COSTS Upon or prior to the closing of the transfer of the Purchaser Property to Seller or its nominees, Purchaser and Seller shall each pay one-half ( 112) of all city and county documentary transfer taxes, if any, all escrow fees and costs, and all document recording charges. Purchaser and Seller shall each also pay half (1/2) of the cost of the Seller's Title Policy. Seller shall pay the entire cost of all title endorsements requested by Seller. ::ODMA\PCDOCS\DOCS\189659\2 4 Version: Modified 8/17 /04 at 2: 17 p.m. Purchaser and Seller shall each pay their own respective legal and professional fees and fees of other consultants incurred by Purchaser and Seller, respectively. 7. ESCROW (a) Upon execution of this Agreement by Purchaser and Seller, the parties hereto shall deposit an executed counterpart of this Agreement with the Escrow Holder. The acceptance of this Agreement by the Escrow Holder shall constitute the joint escrow instructions of Purchaser and Seller to the Escrow Holder for the consummation of the transfer of the Purchaser Property to Seller pursuant to the te1ms of this Agreement and the Purchase Agreement. Upon the Escrow Holder's written acceptance of this Agreement, Escrow Holder is authorized to act in accordance with the terms of this Agreement and the Purchase Agreement. Purchaser and Seller shall execute the Escrow Holder~s general escrow instructions upon request; provided, however, that if there is any conflict or inconsistency between such general escrow instructions and this Agreement and/or the Purchase Agreement, this Agreement and the Purchase Agreement, in that order~ shaH control. (b) Provided Purchaser and Seller have deposited into the Escrow the matters required by this Agreement and Title Company can and will issue the Seller's Title Policy concurrently with the closing of the transfer of the Purchaser Property to Seller, the Escrow Holder shall: (i) Deliver to Seller (x) the Quitclaim Deed by causing it to be recorded in the Official Records of the Office of the County Recorder of Orange County, California; and (y) an originally executed Environmental Indemnity Agreement; (ii) Deliver to Purchaser and/or Seller any funds deposited by Purchaser or Seller, as applicable, in excess of the amount required to be paid by such parties hereunder; and (iii) Deliver the Seller's Title Policy issued by Title Company to Seller. 8. GENERAL PROVISIONS (a) Entire Agreement, Waiver and Modification. This Agreement, together with the Purchase Agreement, are the entire agreements between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement and the Purchase Agreement. Any waiver, modification~ consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. ::ODMA\PCDOCS\DOCS\189659\2 5 Version: Modified 8/17/04 at 2: 17 p.m. (b) Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. (c) Time of Essence. Time is of the essence in the performance of and compliance with each of the provisions and conditions of this Agreement. (d) Notices. Any communication, notice or demand of any kind whatsoever that either party may be required or may desire to give to or serve upon the other shall be in writing and delivered by personal service (including express or courier service), by facsimile (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested), or by registered or certified mai I, postage prepaid, return receipt requested, addressed as follows: Seller: With a copy to: Purchaser: With a copy to: International Bay Clubs, Inc. 1221 West Coast Highway Newport Beach, California 92663 Attention: David C. Wooten, President Telephone: (949) 645-5000 Facsimile: (949) 646-7010 Sherry Meyerhoff Hanson & Crance LLP 610 Newport Center Drive, Suite 1200 Newport Beach, California 92660 Attention: Scott A. Meyerhofl Esq. Telephone: (949) 719-1200 Facsimile: (949) 719-1212 Orange County Sanitation District P.O. Box 8127 Fountain VaJley, California 92728-8127 Attention: Pem1y Kyle., Board Secretary Telephone: (714) 962-2411 Facsimile: (714) 962-50 18 Woodruff, Spradlin & Smart 701 S. Parker Street, Suite 8000 Orange, California 92868 Attention: Thomas L. Woodruff, Esq. Telephone: (714) 558-7000 Facsimile: (714) 835-7787 Either party may change its address for notice by written notice given to the other in the manner provided in this Section. Any such communication, notice or demand shall be deemed to have been duly given or served on the date personally served, if by personal ::ODMA \PCDOCS\DOCS\189659\2 6 Version: Modified 8/17/04 at 2: I 7 p.m. service, one ( l) day after the date of confirmed dispatch, if by facsimile, or three (3) days after being placed in the U.S. mail, if mailed. (e) Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law, but, if any provision of this Agreement shalJ be invalid or prohibited thereunder. such invalidity or prohibition shall be construed as if such invalid or prohibited provision had not been inserted herein and shall not affect the remainder of such provision or the remaining provisions of this Agreement. (f) Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. The parties consent to the jurisdiction of the California courts with venue in Orange County. (g) Attorneys' Fees. In the event any dispute between the parties with respect to this Agreement results in litigation or other proceeding, the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation, reasonable attomeys' tees and experts' fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. (h) Assignment. This Agreement shall be binding upon and shall inure to the benefit of Purchaser and Seller and their respective personal representatives and successors. Purchaser and Seller shall not have the right to assign this Agreement or any interest or right under this Agreement or under the Escrow (as defined in the Purchase Agreement) without the express written consent of the other party. Purchaser hereby consents to the appointment by Seller of Balboa Bay Club, Inc., a California corporation, as its nominee for purposes of quitclaiming Purchaser's right, title and interest in and to the Purchaser Property. (i) Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day and including the last day, unless the Jast day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday,, shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. (j) Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as lo the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. : :ODMA \PCDOCS\DOCS\ 189659\2 7 Version: Modified 8117/04 at 2:17 p.m. (k) Cooperation. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful. or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. (I) Authority. Each individual and entity executing this Agreement hereby represents and watTants that they have the capacity set forth on the signature pages hereof with full power and authority to bind the party on whose behalf they are executing this Agreement to the tenns hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. SELLER: JNTERNATIONAL BAY CLUBS, INCORPORATED By: David C. Wooten, President By: Gerald T. Johnson, Secretary ATTEST: By: Printed Name: ~~~~~~~~ Its: ::ODMA\PCDOCS\DOCS\189659\2 8 Version: Modified 8/17/04 at 2: 17 p.m. PURCHASER: ORANGE COUNTY SANITATION DISTRICT By: Steve Anderson. Chairman ATfEST: By: Printed Name: Penny Kyle Its: Board Secretary APPROVED AS TO FORM: By: Thomas L. Woodruff, Esq. General Counsel EXHIBIT A LEGAL DESCRIPTION OF SELLER REAL PROPERTY ALL THAT CERTAIN LAND SITUATED IN THE ST A TE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH. DESCRIBED AS FOLLOWS: PARCEL A: THOSE PORTIONS OF LOT 171 OF IRVINE'S SUBDIVISION AND TRACT NO. 1210, SHOWN AS PARCEL 1 ON THE MAP RECORDED IN BOOK 59. PAGE 6 OF PARCEL MAPS., RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING., AND OPERATING THEREFOR, AND STORING IN AND REMOVING Tl-IE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS, AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTON SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF. AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES., WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERA TE THROUGH THE SURF ACE OF THE LAND HERINABOVE DESCRIBED, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A CORPORATION, RECORDED JUNE 2, 1969 IN BOOK 8974, PAGE 265 OF OFFICIAL RECORDS. PARCEL B: LOTS 61, 62, AND 63 OF TRACT NO. 1210, AS SHOWN ON A MAP RECORDED IN BOOK 40, PAGE 45 AND 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. ::ODMA \PCDOCS\DOCS\189659\2 A-1 Version: Modified 8/17/04 at 2: 17 p.m. EXHIBITB LEGAL DESCRIPTION OF PURCHASER REAL Pl~OPERTY That portion of Lot 171 in Block 54 of the Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book J. Page 88, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the Southerly line of the l 00-foot right of way of the California State Highway ORA-60-B, said point of beginning being at right angles to engineer's station, 7+95.46 in the centerline of said highway; thence South 15° 38~ 30" West 44.00 feet; thence North 74° 21' 30" West 34.00 feet; thence North 15° 38' 30,, East to an intersection with the said Southerly line of the State Highway; thence Southeasterly along said Southerly line to the point of the beginning. ::ODMA\PCDOCS\DOCS\189659\2 B-1 Version: Modified 8/17/04 at 2: 17 p.m. EXHIBITC FORM OF QUITCLAIM DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENTS TO: International Bay Clubs, Inc. 1221 West Coast Highway Newport Beach, California 92663 Attn: Chief Financial Officer QUITCLAIM DEED The undersigned. decia~cs that the. DOCUMENTARY TRANSFER TAX IS APN No --------- $ and IS _ computed on the full value of the interest or property co1wcycd; OR JS _ computed on the foll value less value oflicns or encumbrances remammg thereon at the time of sale. S1gnatuu: of Dcclarnnt FOR VALUABLE CON STD ERA TION, receipt of which is hereby acknowledged, ORANGE COUNTY SANITATION DISTRJCT hereby remises, releases and forever quitclaims to BALBOA BAY CLUB, INC., a California corporation, all of its right, title and interest in and to the real property located in the City of Newport Beach, County of Orange, State of California, described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN DATED: ----~--' 200_ ORANGE COUNTY SANITATION DISTRICT By:~-~~~~~~-~-~ I~: ~--~~~-~--~~-~ STA TE OF CALIFORNIA ) COUNTY OF -------- On , 200 _, before me, , a notary public in and for said County and State ,personalJy appeared . and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s ), acted, executed the instrument. WI1NESS my hand and official seal. Rev. 9129199 (Signature of Notary Public) EXHIBITD FORM OF ENVIRONMENTAL INDEMNITY AGREEMENT This Environmental Indemnity Agreement ("Agreement") is made as of , 200_, by the ORANGE COUNTY SANITATION DISTRICT (11 0CSD"), in favor of INTERNATIONAL BAY CLUBS, INCORPORATED. a California corporation ("IBC"). Factual Background A. OCSD and IBC have entered into that certain Conveyance, Disassembly and Abandonment Agreement of even date herewith (the "Conveyance Agreement") with respect to that certain real property more particularly described on Exhibit A attached hereto and by this reference incorporated herein, together with all fixtures and other real property improvements related thereto, all of which are owned in easement or fee by OCSD {the "OCSD Property"). 8. In connection with the Conveyance Agreement and the Purchase Agreement (as defined in the Conveyance Agreement), OCSD has agreed to execute and deliver this Agreement to IBC. 1. Definitions. As used in this Agreement: 1.1 "Hazardous Substance" means any substance, material or waste (including petroleum and petroleum products) which is or becomes designated, classified or regulated as being "toxic" or "hazardous" or a "pollutant" (or a similar such designation) under any federal, state or local law, regulation or ordinance. 1.2 "Indemnified Costs" means all actual liabilities, claims, actions, causes of action, judgments, costs, expenses, fines, penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of IBC's counsel), including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work (whether of the OCSD Property or any other property), or any resulting damages, harm or injuries to the person or property of any third parties or to any natural resources; but excluding those liabilities, claims, actions, causes of action, judgments. costs. expenses, fines. penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of IBC's counsel): (a) as may be attributable to the negligence or willful misconduct of the party seeking to be indemnified: or (b) arising from a cause other than OCSD's use of the OCSD Property as a pump station facility. 1.3 "Indemnified Parties" means and includes IBC, its parent, subsidiary and affiliated companies (including, without limitation, Balboa Bay Club, Inc., a California corporation) and the officers, directors, employees and agents of each of them. 2. Indemnity Agreement. 2.1 Indemnity Regarding Hazardous Substances. OCSD indemnifies, defends and holds the Indemnified Parties harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on, above, or under the OCSD Property, or in the soil, groundwater, soil vapor or air on, above or under the OCSD Property and arising from the OCSD's use of such OCSD Property as a pump station facility, including: (a) Any claim for such Indemnified Costs asserted by any federal, state or local governmental agency, including the United States Environmental Protection Agency and the California Department of Health Services, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner" or "operator'' of the OCSD Property under any law relating to Hazardous Substances: and ::ODMA\PCDOCS\DOCS\189649\3 Version: 8/1712004 1 :39 PM -1- (b) Any such Indemnified Costs claimed against any Indemnified Party by any person other than a governmental agency, including any person who may purchase or lease all or any portion of the OCSD Property from any Indemnified Party, or from any other purchaser or lessee; any person who may at any time have any interest in all or any portion of the OCSD Property; any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the OCSD Property; and any person claiming to have been injured in any way as a result of exposure to any Hazardous Substance; and (c) Any such Indemnified Costs which any Indemnified Party reasonably believes at any time must be incurred to comply with any law, judgment. order, regulation or regulatory directive relating to Hazardous Substances. or which any Indemnified Party reasonably believes at any time must be incurred to protect the public health or safety; and (d) Any such Indemnified Costs resulting from currently existing conditions in, on or around the OCSD Property. whether known or unknown by OCSD or the Indemnified Parties at the time this Agreement is executed. 2.2 Defense of Indemnified Parties. Upon demand by any Indemnified Party, OCSD shall defend any investigation, action or proceeding involving any Indemnified Costs which is brought or commenced against any Indemnified Party, whether alone or together with OCSD or any other person, all at OCSD's own cost and by counsel to selected by OCSD and to be approved by the Indemnified Party which approval shall not be unreasonably withheld. In the alternative, any Indemnified Party may elect to conduct its own defense at the expense of OCSD. 2.3 Compliance Regarding Hazardous Substances. While OCSD continues to own an interest in and to the OCSD Property, OCSD shall comply with all laws, regulations and ordinances governing or applicable to Hazardous Substances. 2.4 Notices Regarding Hazardous Substances. OCSD shall promptly notify I BC if, at any time prior to closing of the transfer of the OCSD Property, it knows, suspects or believes there may be any Hazardous Substance in or around the OCSD Property, or in the soil, groundwater or soil vapor on or under the OCSD Property. in violation of applicable law, or that OCSD or the OCSD Property may be subject to any threatened or pending investigation by any governmental agency under any law, regulation or ordinance pertaining to any Hazardous Substance. 2.5 Site Visits. Observations and Testing. If any of the Indemnified Parties has a reasonable suspicion that Hazardous Substances in violation of applicable laws, regulations and/or ordinances exist with respect to the OCSD Property, the Indemnified Parties and their agents and representatives shall have the right, while OCSD continues to own an interest in and to the OCSD Property, at any reasonable time to enter the OCSD Property for the purposes of observing the OCSD Property. taking and removing soil or groundwater samples. and conducting tests on any part of the OCSD Property. The Indemnified Parties have no duty, however. to visit the OCSD Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party shall impose any liability on any Indemnified Party, except for damage resulting from such visit, observation or testing. In no event shall any site visit or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the OCSD Property, or that there has been or shall be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither OCSD nor any other party is entitled to rely on any site visit or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect OCSD or any other party against, or to inform OCSD or any other party of. any Hazardous Substances or any other adverse condition affecting the OCSD Property. The Indemnified Parties may in their discretion disclose to OCSD or any other party any report or findings made as a result of, or in connection with, any site visit or testing by the Indemnified Parties. OCSD understands and agrees that the Indemnified Parties make no representation or warranty to OCSD or any other party regarding the truth, accuracy or completeness of any such report or findings that may be disclosed. OCSD also understands that. depending on the results of any site visit or testing by any Indemnified Party which are disclosed to OCSD, OCSD may have a legal obligation to notify one or more environmental agencies of the results and that such reporting requirements are site-specific and are to be ::ODMA\PCDOCS\OOCS\189649\3 Version: 8/17 /2004 1 : 39 PM -2- evaluated by OCSD without advice or assistance from the Indemnified Parties. Any Indemnified Party shall give OCSD reasonable notice before entering the OCSD Property. The Indemnified Party shall make reasonable efforts to avoid interfering with OCSD's use of the OCSD Property in exercising any rights provided in this Section. The Indemnified Party shall bear all costs associated with such visit, observation or testing, and shall, at its sole expense, bear all resulting costs of restoring the property to its condition as existed prior to the visit, observation or testing, and shall bear all costs of lawfully disposing of all materials and substances (including any Hazardous Substances) generated by the visit, observation or testing. 2.6 Attorney Fees. In the event any dispute between the parties with respect to this Agreement results in litigation or other proceeding, the prevailing party shall be reimbursed by the party not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and experts' fees and costs incurred by the prevailing party in connection with such litigation or other proceeding and any appeal thereof. 3. General Provisions. 3.1 Reservation of Other Rights and Remedies. Nothing in this Agreement shall be construed to limit any claim or right which any Indemnified Party may otherwise have at any time against OCSD or any other person arising from any source other than this Agreement, including any claim for fraud, misrepresentation, waste or breach of contract other than this Agreement, and any rights of contribution or indemnity under federal or state environmental law or any other applicable law, regulation or ordinance. 3.2 Delay: Cumulative Remedies. If any Indemnified Party delays in exercising or fails to exercise any right or remedy against OCSD, that alone shall not be construed as a waiver of such right or remedy. All remedies of any Indemnified Party against OCSD are cumulative. 3.3 Rules of Construction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. All headings appearing in this Agreement are for convenience only and shall be disregarded in construing this Agreement. In this Agreement, the word "person" includes any individual, company, trust or other legal entity of any kind. The word "include(s)" means "include(s). without limitation," and the word "including" means "including, but not limited to." When the context and construction so require, all words used in the singular shall be deemed to have been used in the plural and vice versa. Every provision of this Agreement is intended to be severable. In the event any term, provision, section or subsection of this Agreement is declared to be illegal or invalid, for any reason whatsoever, by a court of competent jurisdiction, such illegality or invalidity shall not affect the other terms, provisions, sections or subsections of this Agreement, which shall remain binding and enforceable. 3.4 Integration: Modifications. This Agreement (a) integrates all the terms and conditions mentioned in or incidental to this Agreement, and (b) supersedes all oral negotiations and prior writings with respect to their subject matter. This Agreement may not be modified except in a writing signed by both IBC and OCSD. 3.5 Miscellaneous. OCSD's obligations under this Agreement shall survive the transfer of the OCSD Property by OCSD to IBC or any Indemnified Party. The provisions of this Agreement shall bind and benefit the heirs, executors, administrators, legal representatives, successors and assigns of OCSD : :ODMA\PCDOCS\OOCS\189649\3 Version: 8/17/2004 1 :39 PM -3- and the Indemnified Parties; provided, however, that OCSD may not assign this Agreement, or assign or delegate any of its rights or obligations under this Agreement. without the prior written consent of IBC in each instance. OCSD: ORANGE COUNTY SANITATION DISTRICT By: Name: Title: ATTEST: By: Name: Its: APPROVED AS TO FORM: By: Thomas L. Woodruff, Esq. General Counsel ::ODMA\PCDOCS\DOCS\189649\3 Version: 8/17/2004 1:39 PM -4- EXHIBJT A Legal Description of OCSD Property That portion of Lot 171 in Block 54 of the Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 1, Page 88, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the Southerly line of the 100-foot right of way of the California State Highway ORA- 60-B, said point of beginning being at right angles to engineer's station, 7+95.46 in the centerline of said highway; thence South 15° 38' 30'' West44.00 feet; thence North 74° 21' 30 .. West 34.00 feet; thence North 15° 38' 30" East to an intersection with the said Southerly line of the State Highway; thence Southeasterly along said Southerly line to the point of the beginning. 12394.1 -A-1- ... FORM OF QUITCLAIM DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENTS TO: International Bay Clubs, Inc. 1221 West Coast Highway Newport Beach, California 92663 Attn: Chief Financial Officer QUITCLAIM DEED The undersigned declares !hat Che DOCUMENTARY TRANSFER TAX tS S and 1s _ c.cunpulcd on rhe full val,1e of lhc 11ucres1 or propert)' COll\'C)'Cd, Oll IS ___ compulcd on the full value lc:ss value of liens or cncwnbrances rema111111g lhcreon al the 11111c of sale AlJNNo ---------- FOR VALUABLE CONS ID ERA TION, receipt of which is hereby acknowledged, ORANGE COUNTY SANITATION DISTRICT hereby remises, releases and forever quitcJaims to BALBOA BAY CLUB~ TNC., a California corporation, all of its right, title and interest in and to the real property located in the City of Newport Beach, County of Orange, State of California, described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN DATED: _______ , 200_ ST A TE OF CALIFO~hJIA . . ) COUNTY OF ~~~~~~~-- ORANGE COUNTY SANITATION DISTRICT j By: ______________________ ~ Its: On , 200_, before me, , a notary public in and for said County and State ,personally appeared and personally known to me (or prov~d to me on the basis of satisfactory evidence) to be lhe pcrson(s) whose name(s) is/are subscribed to the within instrument and acknowledged lo me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. WITNESS my hand and official seal. (Signature of No1a1y Public) EXHIBIT 4 t-LAW OFFICES OF WOODRllFF, SPRADLIN & SMART A PROFESSIONAL CORPORATION MEMORANDUM TO: Chair and Members of Board of Directors Orange County Sanitation District FROM: General Counsel DATE: August 18, 2004 RE: Rehabilitation of Rocky Point Pump Station Contract 5-52 We believe the attached Exhibits are in their final form. However, we are still awaiting final approval from counsel for International Bay Clubs, Inc. TLW:pj cs\Ow- THOMAS L. WOODRUFF GENERAL COUNSEL AGENDA BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT DISTRICT'S ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CA 92708 REGULAR MEETING August 25, 2004 -7:00 P .M. Agenda Posting : In accordance with the requirements of California Government Code Section 54954 .2 , this agenda has been posted in the main lobby of the District's Administrati ve offi ces not less than 72 hours prior to the meeting date and time above . All written materials relating to each agenda item are available for public inspection in the office of the Board Secretary. Items Not Posted : In the event any matter not listed on this agenda is proposed to be submitted to the Board for discussion and /or action , it will be done in compl iance with Section 54954 .2(b} as an emergency item or because there is a need to ta ke immediate action , whi ch need came to the attention of the Board subsequent to the posting of agenda , or as set forth on a supplemental agenda posted in the manner as above , not less than 72 hours prior to th e meeting date . Accommodations for the Disabled : The Board of Directors Meeting Room is wheelchair accessible. If you require any special disability related accommodations , please conta ct the Orange Coun ty Sanitation District Board Secretary's office at (714) 593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of th e disability and the type of accommodation requested . Items Continued : Items may be continued from this meeting withou t further notice to a Committee or Board meeting held within five (5) days of this meeting per Government Code Section 54954 .2(b )(3 ). Meeting Adjournment: This meeting may be adjourned to a later time and items of business from this agenda may be considered at the later meeting by Order of Adj ournm ent and Noti ce in accordance with Government Code Section 54955 (posted w ithin 24 hours). 1. Invocation and Pledge of Allegiance 2 . Roll Call 3. Consideration of motion to receive and file minute excerpts of member agencies relating to appointment of Directors , if any . (See listing in Board Meeting folders ) City/Agency Active Director Alternate Director Irvine Ranch Water District Darryl Miller Peer Swan 4 . Appointment of Chair pro tern , if necessary 08/25/04 Page 2 5. Public Comments: All persons wishing to address the Board on specific agenda items or matters of general interest should do so at this time . As determined by the Chair , speakers may be deferred until the specific item is taken for discussion and remarks may be limited to three minutes . Matters of interest addressed by a member of the public and not listed on this agenda cannot have action taken by the Board of Directors except as authorized by Section 54954.2(b). 6. The Chair, General Manager and General Counsel present verbal reports on miscellaneous matters of general interest to the Directors . These reports are for information only and require no action by the Directors . a. Report of Chair; consideration of Resolutions or commendations , presentations and awards b . Report of General Manager 1. FOG Toolkit Presentation c . Report of General Counsel 7. If no corrections or amendments are made, the minutes for the regular meeting held on July 21, 2004 will be deemed approved as mailed and be so ordered by the Chair. 8. Ratifying payment of claims of the District , by roll call vote, as follows : ALL DISTRICTS 07/15/04 07/31/04 Totals $9 ,090 ,841 .68 $35 ,058 ,393.97 DIRECTORS: Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving OCSD . This requires that you identify the contributor by name. Further, you may not participate in the decision making process to award a contract to such party. For reference , you are directed to the Register of Warrants as to all current contractors/vendors with OCSD. For the specifics of Government Code Section 84308 , please see your Director's Handbook or call the office of General Counsel. !.· , _, CONSENT CALENDAR 08/25/04 Page 3 All matters placed on the Consent Calendar are considered as not requiring discussion or further explanation and unless any particular item is requested to be removed from the Consent Calendar by a Director, staff member or member of the public in attendance , there will be no separate discussion of these items . All items on the Consent Calendar will be enacted by one action approving all motions, and casting a unanimous ballot for resolutions included on the consent calendar. All items removed from the Consent Calendar shall be considered in the regular order of business . Members of the public who wish to remove an item from the Consent Calendar shall, upon recognition by the Chair, state their name, address and designate by number the item to be removed from the Consent Calendar. The Chair will determine if any items are to be deleted from the Consent Calendar. 9. Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows : a. Authorize participation in the settlement allocation phase of the El Paso Natural Gas Antitrust Cases I-IV, J.C .C .P . No. 4221 , et al , Superior Court of the State Of California , County of San Diego , and authorize the General Manager to execute the Non-Core Natural Gas Customer Claim Form . END OF CONSENT CALENDAR 10. Consideration of items deleted from Consent Calendar, if any. COMMITTEE REPORTS AND RECOMMENDED ACTIONS 11 . STEERING COMMITTEE Consent Calendar a . Order draft Steering Committee Minutes for the meeting held on July 21 , 2004 to be filed . b . Adopt Resolution No. OCSD 04 -22, Establishing A Grant Funding Program Policy and Code of Ethics in Support of Meeting the Contractual Requ irements of Awarding Agencies for Monetary Assistance Granted to the District. Non-Consent Calendar c. Review and consideration of agenda items considered by the Steering Committee re the August 25 , 2004 meeting . 08/25/04 Page 4 d. Consideration of items deleted from Steering Committee Consent Calendar, if any . 12 . GWR SYSTEM STEERING COMMITTEE (GWRSSC) GWRSSC Consent Calendar a. Order Joint Groundwater Replenishment System Cooperative Committee Minutes for the meeting held on July 12, 2004 to be filed . b. (1) Approve Amendment No. 3 to the Professional Services Agreement with Montgomery Watson Harza , providing for a cost-of-living adjustment per their contract for the Groundwater Replenishment System , Job No. J-36, for an additional amount of $224 ,006, increasing the tota l amount not to exceed $13, 114,572 , to be equally shared with the Orange County Water District; and , (2) Approve Amendment No. 4 to the Professional Services Agreement w ith Montgomery Watson Harza , providing for additional construction management services for the Groundwater Replenishment System , Job No . J-36 , for an additional amount of $244,512 , increasing the total amount not to exceed $13 ,359,084 , to be equally shared with the Orange County Water District. GWRSSC Non-Consent Calendar c. Consideration of items deleted from GWRSSC Consent Calendar, if any . NON-CONSENT CALENDAR 13. Receive and file Treasurer's Report for the month of July 2004. 14. Adopt Ordinance No. OCSD-24, Adopting Revised Table G re Permittee Charges for Use and Reaffirming All Other Charges : "An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges ; Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees relating to Industrial Charges , Source Control Permittees and Wastehaulers ; and Repealing Ordinance No. OCSD-22" a . Open noticed public meeting -Continuation from July 21 , 2004 public meeting 1. Receive and file written comments , if any 2. Verbal report of Director of Finance 3. Verbal report of General Counsel 4 . Directors' questions 5. Public comments b. Close public comments c. Discussion by Board of Directors d. Recommended actions : 08125104 Page 5 1. Motion to read Ordinance No . OCSD-24 by title on ly and waive reading of said entire Ordinance. (The waiver of the reading of the entire Ordinance must be adopted by a unanimous vote of Directors present.) 2. Motion to adopt Ordinance No . OCSD-24, Adopting Revised Table G re Permittee Charges for Use and Reaffirming All Other Charges : "An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges; Establish ing Capital Facilities Capacity Charges ; Adopting Miscellaneous Charges and Fees relating to Industrial Charges , Source Control Permittees and Wastehaulers ; and Repealing Ordinance No . OCSD-22". 15. Approve Professional Services Agreement with RBF Consulting , provi ding for engineering services for the Rehabilitation of College Avenue Pump Station , Contract No . 7-47, for an amount not to exceed $941 ,576 . 16 . Receive and fi le bid tabu lation and recommendation, rejecting bid submitted by rePipe- California , Inc. dba PPR for Big Canyon Trunk Sewer Re habilitation , Contract No . 5-43-1 , due to amount exceeding engineer's estimate. 17. Consideration of the following actions regarding environmental documentation required to approve Rocky Point Pump Station Replacement Project, Contract No. 5-50 : (1) Receive and file Final Environmental Impact Report for the Rocky Point Pump Stat ion Replacement Project, dated June 2004, prepared by Environmental Sc ience Associates; and , (2) Adopt Resolution No . OCSD 04-23 , Certifying the Final Environmental Impa ct Report for Implementation of the Rocky Point Pump Station Replacement Proj ect, Contract No . 5-50; Making Certain Findings Relating to Environmental Effects identified in the Fina l Environmental Impact Report; Adopting a Mitigation Monitoring and Repoi:ting Program . 18. Consideration of the following act ions relating to the transaction of purchase and sale of certa in real property interests in connection with Rep lacement of Rocky Point Pump Station , Contract No . 5-50 : a. Receive and file report of Genera l Counsel re purchase of an approximate one- acre parce l in the City of Newport Beach from International Bay Clubs , Inc. re Replacement of Rocky Point Pump Station . b. Approve the Preliminary Title Report and the e xceptions set forth therei n, as provided in the Purchase and Sale Agreement. 08/25/04 Page 6 c . Approve and authorize the Chair to execute the Environmental Indemnity Agreement between International Bay Clubs , In c. and Orange County Sanitation District in connection with the Purchase and Sale Agreement. d. Approve and authorize the Chair to execute the Conveyance , Disassembly and Abandonment Agreement between International Bay Clubs , Inc. and Orange County Sanitation District re existing Rocky Point Pump Station . e. Authorize the Chair to execute all Deeds and other evidences of title to the parcels of property that are the subject of the Purchase and Sale Agreement. f. Approve the execution of the acceptance of the Grant Deed to certain real property from International Bay Clubs , Inc. g . Approve the execution of a Quitclaim Deed of Orange County Sanitation District's easement interest in certain property to International Bay Clubs , Inc. h. Authorize the General Manager and General Counsel to execute any and all other instruments related to the transaction . 19. Closed Session CLOSED SESSION : During the course of conducting the business set forth on this agenda as a regular meeting of the Board , the Chair may convene the Board in closed session to consider matters of pending real estate negotiations , pending or potential litigation, or personnel matters , pursuant to Government Code Sections 54956 .8, 54956 .9, 54957 or 54957.6, as noted . Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation ; (c) employment actions or negotiations with employee representatives ; or which are exempt from public disclosure under the California Public Records Act , may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects , the minutes will reflect all required disclosures of information . a. Convene in closed session , if necessary 1. Confer with General Counsel re Santa Ana Watershed Project Authority v . Orange County Sanitation District , Orange County Superior Court Case No . 04CC06197 (California Government Code Section 54956 .9). 2 . Confer with General Counsel re Orange County Sanitation District v . County of Kings , et al., Kings County Superior Court Case No . 02C0835 (California Government Code Section 54956 .9). 3 . Confer with General Counsel re Orange County Sanitation District , et al. v . County of Kern , et al., Tulare County Superior Court Case No . 189564 (California Government Code Section 54956.9). 4 . Confer with General Counsel -Anticipated Litigation . California Government Code Section 54956.9(b)-One matter. • . • 5 . 08/25/04 Page 7 Confer with Real Property Negotiator pursuant to governm e nt Code Section 54956.8 Property : 18475 Pacific Ave , Fountain Valley , Californ ia Agency Negotiator: Bob Stallings , Rema x Real Estate Specialists Negotiating Parties : Matt Fales , Bender Properties Under Negotiation : Instruction re price , terms , and conditions for the purchase , sale, exchange , or lease of subject property . Contract No . 1-10 , Ellis Avenue Pump Station Alternat ive Site B, "Hobby People" Property: 18475 Bandlier Circle, Fountain Valley, California Agency Negotiator: Bob Stallings , Remax Real Estate Specialists Negotiating Parties : Ed Martin, Chandler Real Properties Under Negotiation : Instruction re price, terms, and cond itions for the purchase , sale , exchange , or lease of subject property . Contract No . 1-10 , Ellis Avenue Pump Station Alternative Site B Property : 9520 Talbert Avenue , Fountain Valley , California Agency Negotiator: Bob Stallings, Rema x Real Estate Specialists Negotiating Parties: Scott Byran Under Negotiation : Instruction re price, terms , and conditions for the purchase , sale , exchange , or lease of subject property. Contract No . 1-10, Ellis Avenue Pump Station Alternative Site G, Pacifi c Decorating Center Property : 18225 Bushard Street, Fountain Valley , California Agency Negotiator: Bob Stallings , Rema x Real Estate Specialists Negotiating Parties: Bruce C. Boulter, President of the Trustees Under Negotiation : Instruction re price, terms , and conditions for the purchase , sale , e xchange , or lease of subject property. Contract No. 1-10 , Ellis Avenue Pump Station Alternative Site H , Fountain Valley United Methodist Church Property : 9465 Ellis Avenue , Fountain Valley , California Agency Negotiator: Bob Stallings , Remax Real Estate Specialists Negotiating Parties : Jean Godwin Under Negotiation : Instruction re price, terms, and conditions for the purchase , sale , exc hange , or lease of subject property . Contract No . 1-10 , Ellis Avenue Pump Station Alternative Site I, Residential property Property : 9479 Ellis Avenue , Founta in Valley, California Agency Negotiator: Bob Stallings , Rema x Real Estate Specialists Negotiating Parties : Rick and Marcy Betita Under Negotiation : Instruction re price , terms , and conditions for the purchase, sale , exchange , or lease of subject property. Contract No. 1-10, Ellis Avenue Pump Station Alterna ti ve Si te I, Residential property 08/25/04 Property : Ellis Avenue , Fountain Valley , California Agency Negotiator: Bob Stallings , Remax Real Estate Specialists Negotiating Parties : City of Fountain Valley Page 8 i Under Negotiation : Instruction re price , terms , and cond itions for the purchase , sale , exchange , or lease of subject property . Contract No . 1-10 , Ellis Avenue Pump Station Alternative Site J , Purchase of Easement b. Reconvene in regular session c. Consideration of action , if any , on matters considered in closed session 20 . Matters which a Director may wish to place on a future agenda for action and staff report . 21 . Other business and communications or supplemental agenda items , if any 22. Future Meeting Date : The next Board of Directors regular meeting is scheduled for September 22 , 2004, at 7:00 p.m. 23 . Adjournments :000000 00000 0•0 000 000 000 0000000 000 0000 000 000 0•0 000000 0000 0000000 0 000 00000 0000000000000 000 000 0 0 0·0 0 000000 000 00000 0 000 00000 0 0 0 0000 00 00000 00o 00 oOO•oo0 0·0 0 0 0 0 0000000000000000000000000·0 00 00000 00000000000000000 00000•000o0 000 ooO .. o o O O OO O •OH0·-00 00 00000000 0 00 0 000 00 00000000000oo0o000000000~ l NOTICE TO DIRECTORS : To place items on the agenda for the Regular Meeting of the Board of l l Directors , items shall be submitted to the Board Secretary no later than the close of business 14 days ! l preced ing the Board meeting . The Board Secretary shall include on the agenda all items submitted by l ! Directors , the General Manager and General Counsel and all formal communications. l I General Manager Blake Anderson (714) 59 3-7110 band erson @ocsd .com ! l Board Secretary Penny Kyle (714 ) 59 3-7130 pky le@oc sd .com ! !Director/Engineering David Ludwin (714) 59 3-7300 dludwin@ocs d .com ! l Director/FinancefTrea surer Gary Streed (714 ) 593-7550 gstreed@ ocsd .com l !Director/Human Resources Lisa Tomko (714) 593-7145 ltomko@ocsd.com l !Director/Information Technology Patrick Miles (714) 59 3-7280 pm iles@ocs d.com ! l Director/Operations & l ! Maintenance Bob Ooten (714) 593-7020 roo ten@ ocsd .com ! l DirectorfTechnical Services Bob Ghirelli (714) 593-7400 rgh irelli@o cs d.com ! ! Director/Communications & ! l Administrative Services Carol Beekman (714) 593 -7120 cbeek man@ocsd .com l \_g_~D.~~.<!!.1 .. f9.~.~-~-~-~ ............................................. !..~~-r:!.1.~~ .. ~: .. ~9.9.9.r.~ff. ............. J.!..~.~L?.¥.::?.!?.9.?. ...... tl""".@::-t.§§.:law. C ~.f!.1 .......................................... ..1 H:ldeptl agenda\Board Agendas\2004 Board Agendas\072104 agenda .doc J August 2004 Bushard Construction Update ... Orange County Sanitation Di strict, Californi a ... ~~~--e--~-+--~~ Garfield .!!! 0 ~ Adams ,oc Jy iii L.. :I 0 0 L.. co - I - - - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 CONTENTS Page Introduction ......................................................................... ~ ...................................... 1 108-inch RCP within Plant 2 ...................................................................................... 2 Period ........................................................................................................................... 2 Work Elements ............................................................................................................. 2 Other work .................................................................................................................... 3 Complicating factors ............................................. .4 Pipe bell cracking problem ........................................................................................... 4 Actions in Response to Bell Cracks .............................................................................. 6 Crack Repairs .............................................................................................................. 7 108-inch RCP within Brookhurst ............................................................................... 7 Period ........................................................................................................................... 7 Work Elements ............................................................................................................. 8 Other work .................................................................................................................... 8 Complicating factors ..................................................................................................... 8 Pipe bell cracking problem ........................................................................................... 9 Actions in Response to Bell Cracks .............................................................................. 9 Crack Repairs ............................................................................................................ 10 108-inch RCP within Banning ................................................................................ 11 Period ......................................................................................................................... 11 Work Elements ........................................................................................................... 11 Otherwork .................................................................................................................. 12 Complicating factors ................................................................................................... 12 Pipe bell cracking problem ......................................................................................... 12 Actions in Response to Bell Crack ............................................................................. 14 Crack Repairs ............................................................................................................ 15 108-inch RCP within Bushard Street to Hamilton .................................................. 15 Period ......................................................................................................................... 15 Work Elements ........................................................................................................... 16 Other work .................................................................................................................. 16 Complicating factors ................................................................................................... 16 Pipe Concerns ............................................................................................................ 16 Table of Contents Page i - - - - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 CONTENTS Page 108-inch RCP within Bushard Street beyond Hamilton Avenue .......................... 18 Period ......................................................................................................................... 18 Work Elements ........................................................................................................... 18 Complicating factors ................................................................................................... 18 Summarv ................................................................................................................... 20 Appendix A. Project Background ........................................................................................ A 1 History and Project Development ........................................................ A 1 Design .................................................................................................. A2 Preconstruction .................................................................................... A5 Project Budget! Cost Estimating History .............................................. A6 B. Public Concerns ............................................................................................. B 1 Outreach Efforts ................................................................................... B 1 Property Damage Claims ..................................................................... 83 Public Concerns Regarding Construction ............................................ 84 Table of Contents Page ii - - .... - - - - Introduction: ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August , 2004 The original Bushard Trunk Sewer was constructed fifty years ago and is no longer serviceable due to corrosion. Construction began on a new sewer to replace the original sewer and to provide additional capacity in late 2002. The construction is still ongoing. Problems have developed during the construction with the pipe and with public relations. The public has expressed the following concerns: duration of construction; damage of private property; and concerns about the project itself. The problems with construction and public concerns are currently being addressed . This report addresses the construction phase of the project; specifically, what has occurred and plans for completing the construction. For clarity , the report is divided into phases corresponding to each segment of the 108- inch reinforced concrete pipe (RCP). To accommodate construction of the 108-inch RCP , the relocation of utilities and the co nstruction of special structures are required. After the 108-inch RCP is installed , roads , sidewalks, and other structures need to be restored . This ancillary construction proceeds somewhat independently of the 108-inch RCP work. Under the discussion of the 108-inch RCP phases, the ancillary construction being completed concurrently is briefly discussed. Removal of old Bushard 54-inch trunk sewer. Page 1 of 21 - - - - - - - - - O RANGE COUNTY SAN ITATI ON DISTRICT BUSHARD TRUNK S EW ER REPORT T O T H E B OARD -August , 2004 108-inch RCP within Plant 2 : Phase of Project : Dec 2002 -May 2003 Period: T his cons truction period encompassed work with in T rea tment Plant 2 beginning December 2002 and continuing unti l May 2003 , when th e last 108-inch RCP was placed within Plant 2. The work within Plant 2 began December 3, 2002 with the removal of trees that were in the planned alignment. The dewatering system for the junction structure at the end of the pipe system began January 2 , 2003. The first segment of 108-i nch RC P was placed on March 3, 2003 and pipe laying continued until March 30, 2003. The pipe laying was suspended between March 30, 2003 and May 2 1, 2003 with the exception of two days in April. Th e Pl ant 2 restorat ion work was not completed unti l June 18, 2004. Work Elements: • Con nection of a l arge junction structure at the beginning of the pipe l ine to connect the new Bushard Trun k Sewer to the existing Bus hard T ru nk Sewe r • P laceme nt of 333 l inear feet of 108-inch pipe comprised of approximately 19 pipe joints ranging in l eng t h from eight feet to 20 feet. • Ancillary work to insta ll the pipe l ine including dewatering, shoring, and manholes and location of utilities ahead of the trench work through small excavations (potho l ing). • Instal lation of a sta in less steel hydrogen peroxide line for odor control. • Instal lation of fiber optic cab l e. As part of the Bushard Trunk Sewer work, a conduit for a fiber optic cable is bei ng installed . Eventua ll y , a fiber optic cab le will be instal led in the conduit to improve communications between Plants 1 and 2. • Exte nsive removal and restoration of pavement, la ndscap i ng, entrance gates, and wa ll s. Page 2 of 21 - - - - Other work: ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 Plant No .2 Junction Structure Other work done in the same general time frame, December 2002 through June 2003 , as work within Plant 2 included the following: • Relocation of an 8-inch City of Huntington Beach sewer on Cape May Lane. This sewer originally connected to the ex isting Bushard Trunk Sewer and was reconnected to the Miller-Holder Trunk Sewer. o The work began December 16 , 2002 and was substantially completed by February 12, 2003 ; however the final acceptance of the pipe and final pavement work was not done until several months later. There were grade problems (sewer slope) with the sewer that were corrected . • Dewatering wells were constructed along Broo khurst Street , Banning Avenue, and Bushard Street. • The dewatering wells were necessary in order to lower the ground water table within the trench zone so the pipe could be safely placed. • The wells were used for City utility work as well as the Bushard Trunk Sewer. • The wells were not put in operation until the work was within the area of the wells. • Work started on a 21-inch City of Huntington Beach sewer within Bushard Street. o This sewer was constructed for the purpose of relocating a group of City sewers out of the way of the new Bushard Trunk Sewer alignment. o Preparation for the work started in January at Panacea and proceeded north to Atlanta Street; the actual pipe laying started March 10 , 200 3. Page 3 of 21 - ... ... - - - - - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 • Placement of 66-inch dual barrel sewer pipe across Atlanta Avenue. o The work began April 15, 2003 and was completed July 3 , 2003. o This is part of the 108-inch Bushard Trunk Sewer. At several of the major intersections , multiple smaller pipes were used rather than the 108-inch pipe because of conflicting utilities . Complicating factors: For most of the work, a large steel structure that is moved along with the excavation work , called a trench shield, is used to protect the pipe and workers from soil cave-ins until the work is backfilled (covered with soil). Due to a multitude of exist ing utilities in the work area, the trench shield could not be used. The contractor had to place steel beams in drilled holes and large steel plates were placed between the beams along with timber. This complicated the work and extended the duration of the work with in the plant. Also complicating the work was the fact that the utilities were not as expected. Pipe bell cracking problem: Trench Shield The Bushard Trunk Sewer is constructed of pipe segments of reinforced concrete pipe (RCP). Each pipe segment consists of a bell (female) end and a spigot (male) end ; the spigot is inserted into the bell end of the proceeding pipe segment to form the pipe line. Each spigot has two rubber gaskets (neoprene) that go around it. As the spigot is inserted into the bell , the gaskets compress and seal the joint. Pa ge 4 o f 2 1 - - - - SPIGOT ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 Hydro Conduit 108' JOOfT SUBMITTAL FOR A 1' DIAMEIBt IEOPRENE GASl<ET. u· ____ 1.IE"NDU. ,,7~Ni\lGUIM (T'1P.) 117.tMVNOUIW. BELL .orr Sii MOM. (NP.} A\fi. I 117.139"8 tmlUI k BBL BAGe PT. 111.113"rlllAXllAI _/ 1-----1-+-B: SPiSDTGAGEPl. A 1t1.DU'SllUNAL (t17.1!1'BIUIX.) 1~ta:Ulll • s.m• 1J2" IHl'ERIOR JDINTGAP 108-inch Joint Submittal After the pipes are jointed, the space between the two gaskets is tested with air or water pressure to assure the gaskets have sealed the pipe joints. On March 5, 2003, some pipe joints were failing the joint leakage acceptance test. The problem was investigated and on March 21, 2003 the cause was found to be that the pipe bells had cracked. A total of 12 bells had cracked out of 19 pipe joints placed (63%). The cracks found were generally less than a few inches in length and approximately 0.01 inches in width or less (about 4 sheets thickness of paper). The cracks are of a concern because they could affect the life of the pipe and because they can allow leakage of ground water into the pipe. Transporting and treating groundwater reduces the design capacity of the sewer and unnecessarily increases operations costs. Page 5 of 21 - - - Bell Crack ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 Actions in Response to Bell Cracks: Upon discovery of the bell cracks, OCSD , Steve P. Rados , t he construction contractor, -and Rinker Hydro-Conduit , the pipe fabricator/manufacturer, made efforts to determine the cause of the cracking was and to develop methods to correct it. Collective ly, the parties held seven meetings during this time to determine the cause of the prob lem and to resolve it. - - - - Rados retained a pipe expert to investigate the problem and suspended laying the 108-inch RCP three times for a total of 50 calendar days while the cause and cure for the problem was being in vestigated. Upon completion of the pipe work w ithin P lant 2 , Rados again suspended 108-inch RCP placement for 48 days. To help make the pipe joining procedure easier, R i nker provided a different pipe joint lubricant to Rados to use. Rinker also provided softer, smaller d iamete r rubber gaskets to Rados in order to reduce the pressure the gaskets exerted on the bells. OCSD i nitiall y directed the contractor to modify the pipe bedding (the prepared bottom of a trench on which a pipe is supported, often constructed of crushed rock , sand, or similar materials) from crushed rock to crushed miscellaneous base (a denser material composed of crushed rock and pavement materials). OCSD also undertook an extensive pipe survey to determine if any of the pipe had settled after laying it. OCSD withdrew the direction to use crushed miscellaneous base after finding that the pipe had not settled significantly. Page 6 o f 21 - - - - - - - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August , 2004 OCSD's legal counsel retained a pipe expert to assist OCSD. Due to the joint failures and the inability to determine a cause, OCSD had also directed Rados to suspend pipe laying early within this phase of the work . The order was later rescinded provided "Rados met the contract document requirements." This meant Rados could proceed provided the pipe bells were not damaged or were made equivalent to undamaged bells. Crack Repairs: OCSD and Rados worked with Rinker to develop a means to repair the cracks. Within Plant 2 , three different methods were initially utilized; removal and replacement of the pipe where reasonable , encasement of the cracked joints in concrete , and injections of epoxy into the cracked bells to repair the cracks. The epoxy repair method was developed by Rados and sent to OCSD as a submittal (information prepared by the Contractor to illustrate and describe a portion of the work). OCSD reviewed the submittal and accepted it. The injected epoxy is a strong adhesive that readily bonds to the concrete and is as hard and durable as concrete. 108-inch RCP within Brookhurst: Phase of Project: June 2003 -Oct 2003 Period: This phase of the work encompassed 108-inch RCP pipe laying within Brookhurst Street from June 2003 through October 2003. Prior to this phase of the work, dewatering wells were installed starting in February 23, 2003 in order to accommodate the work. The first traffic closure (north bound lanes on Brookhurst Street) began on March 14, 2003 and the second traffic closure (south bound lanes on Brookhurst Street) Page 7 o f 2 1 .. , .... ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 began on June 6, 2003. The last pipe was laid October 4, 2003 and Brookhurst was fully restored and open to traffic on January 30, 2004. During this phase of the work, due to continuing problems with cracking joints, Rados suspended laying 108-inch RCP from June 6, 2003 until August 19, 2003. Brookhurst was open to traffic during part of the suspension (July 9, 2003 until August 19, 2003). Work Elements: The work in Brookhurst included the following: • 1, 125 linear feet of 108-inch RCP. • Extensive traffic control, including temporary traffic signal work. • The crossing of abandoned oil lines. • Crossing a large ( 16-inch) water line and construction of water valves to isolate the line. • Ancillary work such as dewatering, manhole construction, and locating utilities. • Fiber optic cable conduit installation. • Extensive removal and restoration of pavement and street landscaping. Other work: Other work that was done in the same general time frame (June 2003 through October 2003) as the work within Brookhurst Street included the following: • A City of Huntington Beach sewer within Cape May Lane (described under previous phase). • A 21to27-inch City of Huntington Beach sewer was being placed within Bushard Street (described under previous phase). • A structure was constructed across the Fountain Valley Channel o This structure was started July 7, 2003 and completed October 7, 2003. o The 108-inch diameter sewer pipe is too large to cross the channel; therefore a rectangular, cast in place, concrete structure was built under the bridge that crosses the Fountain Valley Channel on Bushard Street. • Placement of a 66-inch dual barrel sewer pipe across Atlanta Avenue. o This sewer was started April 15, 2003 and completed July 3, 2003. • Construction of new water valves and relocation of waterlines on the City of Huntington Beach water distribution system . Page 8 of 21 - Complicating factors: ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 As noted under work elements, the sewer crossed a large City of Huntington Beach water line. This work was being done at the same time as Metropolitan Water District (MWD) was taking a water supply line that connects to the City system, out of service. This made the line being crossed a critical supply line and the City did not allow Rados to work in the vicinity of the water line until the MWD line was back in service. Other factors that complicated the work included: • The temporary traffic control systems, needed to maintain traffic on Brookhurst, were extensive. • The center of the street island irrigation systems complicated the work. • There was site specific trench shoring requirement due to the angles in the sewer line at the north end of Brookhurst Street. • There were problems in providing a finished pavement surface that was acceptable to the City of Huntington Beach. This was partially due to problems with the existing pavement imperfections (cracks, dips, and uneven surface) reflecting through the pavement overlay (a layer of asphalt concrete laid over the entire street). Pipe bell cracking problem: At first, the bell cracking problem appeared to be resolved by the smaller gaskets. Pipe bells were no longer cracking upon insertion of the spigot. However, bells were later found to have cracked after backfill (soil and crushed rock material used to fill the trench excavation) was placed. Seven (7) bells were cracked within seventy-one (71) joints for a cracking rate of ten percent. Actions in Response to Bell Cracks: Collectively, OCSD, Rados, Rinker, and Boyle Engineering held three meetings during this time in regards to the pipe bell cracking problem. The parties changed the joint acceptance test from an air leakage to a water test to prevent any false failures. The parties also initially agreed to use isoprene gaskets rather than neoprene gaskets (isoprene is a softer material but not as chemically resistant); eventually the parties agreed to use a 1-inch diameter neoprene gasket rather than a 1 3/32Jnch diameter gasket as originally proposed by Rados/Rinker. The accepted 1-inch gasket was also softer than the original gasket. In response to the pipe cracking problems, OCSD checked the pipe bedding and pipe grades (elevations that the pipe was set at) to see if these items were a problem that could contribute to the cracking. Neither the bedding nor grades were found to be a problem. Rados suspended the 108-inch RCP laying work for 75 days, from early June 2003 to mid August 2003 as a result of the continuing pipe problems. Page 9 of 21 - - - - - - - - - - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 Mid June 2003, OCSD met with Rados and Rinker and agreed to an inspection program at Rinker's plant. OCSD also agreed to provide criteria that would make the pipe acceptable. On July 3, 2003 OCSD provided conditions to Rados that were needed to be met for an acceptable pipe installation. On July 10, 2003 OCSD provided details of OCSD's position regarding the pipe joint problems. Highlights of the conditions provided to Rados included the following: • The pipe needs to meet specifications and to do so various items were needed. • Joint gaps needed to be monitored. • The pipe bell hoop stresses (similar to stresses exerted on barrel hoops by their contents) needed to be reduced. • Neoprene gaskets needed to be used. • Compaction methods might damage the pipe. • The pipe bedding needed to be uniform. • No contract requirements would be waived. Highlights of the OCSD position letter included the following: • The constructed 108-inch pipe is defective as evidence by the cracked bells and failed leakage tests. • The pipe defects are the result of pipe tolerances and construction means. As being constructed , the pipeline was not suitable for its intended use. • The pipe bedding , the contract specified pipe barrel strength (resistance to earth and other loadings), and ground settlement were not impacting issues . • Rados was responsible for delays. • Rados' failure to provide suitable pipe could be considered a default and could be a cause for contract termination . During July 2003 , an action plan was developed that included smaller gaskets and gauging the pipe bells and spigots with a full plug gage. A plug gage is a complete circular gage that checks the entire pipe diameter. Previous to using the plug gage, Rinker had been using a "stick" gage that OCSD believed was subject to errors . The plan also required grinding (removal of excess concrete) of the bells and spigots as necessary. During this time, Rinker submitted pipe stress calculations . OCSD and its consultants reviewed and disagreed with the calculations . OCSD staff believes the methods used in the calculations understate the stress. In early August 2003, Rinker began gauging and grinding pipe as necessary Page 10 of 2 1 - - - - - - - - - - - Crack Repairs: ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August , 2004 Phase of Project: Nov 2003 -Feb 2004 During this time , the procedure to inject epoxy into the cracks was refined and accepted by OCSD. The performance of the repaired cracks was evaluated and no prob lems were found. 108-inch RCP within Banning: Period: This phase of the work encompassed 108-inch RCP pipe laying with in Banning Avenue from October 2003 through February 2004. Other work was done in th is area prior to the pipe laying, including relocation of utilities beginning in April 2003, installing dewatering wells starting March 19 , 2003 , and construction of water line isolation valves starting in April, 2003. The first 108-inch RCP was laid in Bann ing Avenu e on October 3, 2003 and the last pipe was laid February 18 , 2004. The street was always partially open to traffic and on January 30, 2004 most of the street was opened completely to traffic, with the exception of the corner of Banning Avenue and Bushard Street. The pavement restoration was completed May 17, 2004. Work Elements: The work in Banning Avenue included the following: • 1,350 linear feet of 108-inch RCP . • 190 linear feet of 84-inch RCP was used at the corner of Banning Avenue and Bushard Street rather than 108-inch RCP in order to avoid the numerous util it ies in the area. o Due to utilities and changes in alignment near the Bushard inte rsection, spe cial shoring was required. This shoring was drilled and pushed into place. • Extensive traffic control, including temporary traffic s ignal work. Page 1 1 of 2 1 ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 • Ancillary work such as dewatering, manhole construction, locating utilities, and relocating minor utilities. • Fiber optic cable conduit. • Extensive removal and restoration of pavement. • A portion of the existing Bushard Trunk Sewer will be lined and kept in service until the new Headworks project is completed. The lining work is scheduled for September 2004. Other work: Other work that was done in the same general time frame (October 2003 through February 2004) as the work within Banning Avenue included the following: • Placement of a triple barrel sixty-inch (60") sewer inverted siphon across Indianapolis Avenue. o An inverted siphon (a depressed section of the sewer that flows under pressure pipeline and is used to carry wastewater underneath another pipe or structure) was used due to a City of Huntington Beach storm drain that could not be adjusted. o The work took place from early August 2003 through early November 2003. • A twenty-one inch (21") City of Huntington Beach sewer was constructed across Hamilton Avenue from late October 2003 through mid January 2004. • The placement of the 108-RCP within Adams Boulevard/ Bushard Street intersection and the large City of Huntington Beach storm drain structure in this intersection was started in mid November 2003 and continued through June 2004. o This work was delayed by Rados suspending work due to 108-inch pipe joint problems. • New water valves for isolating the water system and waterline relocation work. • Relocation of a major gas line in Bushard Street by the gas utility company. Complicating factors: The utilities were tightly spaced and some of the utilities were not as noted on the plans which complicated the work within Banning Avenue. There were also delays due to scheduling problems with scheduled water distribution shut downs and due to existing overhead electrical wires that required the contractor to use a special crane attachment. This is the area where private property damage complaints first arose. Pipe bell cracking problem: The actions taken to measure and grind the bells and change gaskets significantly reduced the cracking problems; however some cracking still occurred. The overall rate of bell cracking was three percent (3% ). This cracking rate was reduced to about one percent (1%) after corrective actions were taken as directed by OCSD in regards to stockpiling soil and the pipe bedding. Page 12 of 21 ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 Actions in Response to Bell Cracks: As noted under the Banning Avenue phase of the work, Rinker began gauging and grinding pipe as necessary in August, 2003. This was part of the action plan agreed to whereby the pipe would be gauged and ground as necessary, a smaller softer gasket would be used, and the specifications regarding the pipe would be strictly adhered to. OCSD increased the inspection efforts in response to the action plan. In late October, 2003, a new plug gage was fabricated due to problems with keeping the original plug round. Since the new plug gage was slightly larger, this created a slightly larger annular space between the bell and spigot and reduced the hoop stress somewhat. The pipe gauging and grinding continued until October 29, 2003 when OCSD discovered 6 new cracks in the pipe bells and barrels. OCSD advised Rados to modify their backfill methods and pay greater attention to the pipe bedding. Rados suspended work on the 108-inch pipe voluntarily while OCSD checked the pipe bedding to see if it was properly shaped and uniformly supported the pipe haunches. The pipe bedding was found to be adequately shaped. Rados resumed laying pipe in mid November and Rinker began using the new plug gage. OCSD noticed that Rados was stockpiling soil over the trench higher than the surrounding ground and not creating a "cradle" (U shaped to fit the pipe bottom) within the pipe bedding. OCSD was concerned that the excess soil loads could affect the pipe performance since it was not designed for those loads and directed Rados to stop stockpiling the soil higher than the design allowed. OCSD also directed Rados "cradle" the pipe as required by the specifications so the pipe would be more uniformly supported. Pipe laying work continued until mid February 2004 with less than one percent (1%) bell breakage. In the November and December, 2003 period OCSD staff discovered numerous pipe barrel cracks in addition to the pipe bell cracks. The pipe barrel cracks were small hairline cracks (cracks the width or less than the width of a hair) and most of them were in the acceptable range according to the specifications. However, OCSD staff required additional D-load testing (pipe strength testing) to confirm that the cracks should not be a problem. This was confirmed. The barrel cracks decreased in number when the stockpiling of material was stopped and the pipe was cradled as noted in the previous paragraph. Page 13 of 21 - - - - - - - - ORANGE COUNTY SANITATION D ISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August , 2004 D-l oad Testing of Pipe OCSD also tested pipe bell concrete strengths , evaluated the reinforcing steel , and order additional strength tests for the pipe. At this point in time , OCSD , Rados , R inker, pipe experts, and Boyle Engineer had undertaken nine techn ical meetings to resol v e the pipe problems. Through these meetings and tests OCSD dete rmined the follow i ng: • The pipe joint tolerances were very tight (the annular space between the bell and spigot that was sealed by the rubber gasket was very small , on the average 0.07- i nch ). • The stresses exerted upon the bells by the rubber gaskets being high ly compressed in the tight space were high. • The amount of reinforcing steel in the bells was low . Throughout these meetings, Rados referred to the problems as e ither R i nker's or OCSD's. Rinker disputed that the stresses were high and maintained that they had produced the pipe to wit hi n the specification requirements . Crack Repairs : Cracks were repaired by injecting epoxy into them. Page 14 of 21 - - - - - - ORANGE COUN TY SAN ITAT ION DISTRI CT BUSHARD TRUNK SEWER REPORT T O THE BOARD -August, 2004 108-inch RCP within Bushard Street to Hamilton : Phase of Project: Feb 2004 -Present Period: Thi s phase of the work encompasses 108-inch RCP pipe laying within Bushard Street th at began February 2004 and continues today. This work was preceded by installation of dewate ring well s starting in February 2003 and utility reloca tion work starting in January 2003. The first 108-inch RCP was la id in Bushard starting on February 19 , 2004 . Currently, the pipe is being laid in Bushard Street within the Hamilton Avenue intersection ; this work is expected to be com pleted by th e end of Septembe r 2004. Du ring th is wo rk phase there has been an eighty-seven day delay during wh ic h Rados stopped laying pipe due to a dispu te w ith R i nk er over pipe gaugi ng. Th ere was also a hiatus in laying pipe for abou t four weeks whi le the Ci ty of Hunti ngton Beach requ i red Rados to restore Bu shard Stree t south of Drumbeat Dr ive pr ior to proceeding with the work . Work Elements: The work in Bushard Street to Hamilton Avenue includes the following: • Approximately 2 ,700 linear feet of 108-in c h RCP. • Fiber op ti c cab le cond uit. • Extensive re loca tion of uti l iti es. -• Ancil lary work such as dewatering , manholes, a nd locating utilities. - - • Extensive remova l a nd restoration of s treet pavement , sidewa l ks , and street landscaping . Page 15 of 21 - Other work: ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 Other work that is being done in the same general time frame (February 2004 through October 2004) as the work within Bushard Street up to Hamilton Avenue includes the following: • As noted under the previous phase, work within Adams Boulevard continued through June, 2004. • Work on a City of Huntington Beach inverted sewer siphon within Yorktown Avenue. • Placement of a double barrel sixty-inch sewer within Yorktown Avenue. This work is expected to continue until September 2004. • Work is expected to begin on the 108-inch RCP across Garfield Avenue after the work is completed on Yorktown Avenue. • Installation of isolation water valves and some waterline line work. Complicating factors: Factors complicating the work within Bushard Street include the following: • The work requires several traffic control setups and schemes to proceed. • The City of Huntington Beach has placed restrictions on how the work may proceed that have impacted the schedule. • Private property damage complaints have occurred that are being addressed. • Complaints have been received from residents in regards to noise that are being addressed. Pipe Concerns: In mid December 2003, OCSD staff advised Rados that they needed to be resuming pipe fabrication to avoid schedule delays. OCSD also advised Rados that OCSD would not accept pipe with the same design due to the problems experienced with it. -· In mid February, 2004 Rinker, through Rados, proposed discontinuing the use of the plug gage and instead using a stick gage. The pipe fabricator, Rinker, also proposed using a tighter gap to reduce the grinding they needed to do. OCSD staff rejected this proposal noting the following: - - • The incidence of bell failures was reduced when the latest plug gage began to be used. • OCSD found there were still bell failures and OCSD believes that if the gap tolerance is increased, the bell failure rate would decrease. • OCSD continued to reserve its rights to reject defective materials discovered after installation. Page 16 of 21 •· - - - ... - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 In early March 2004, Rinker through Rados, again proposed using a stick gage and proposed returning to the large diameter gaskets. Rinker also shipped pipe to the project at this time that had only been stick gauged. OCSD staff rejected the stick gauged pipe and Rinker's proposal. However, some of the stick gauged pipe was later accepted due to the critical need to complete the work within the Adams intersection. Rinker stopped gauging pipe and Rados stopped work because OCSD would not accept the pipe that had not been gauged. On March 9, 2004 OCSD, Rados, Rinker, and Boyle met regarding the pipe joint problems. OCSD staff informed Rados that they would not accept the current pipe fabrication for any pipe not yet manufactured and that OCSD would not accept the pipe that has been manufactured but not yet paid for. As a result of the meeting, OCSD staff sent Rados a letter infc;>rming them of the following: • OCSD will not accept pipe that does not conform to contract requirements. • Rados is responsible to assure the pipe is supplied and installed in accordance with the contract requirements. • Any defective pipe shall be removed. • If the pipe failures continue at an unacceptable rate, Rados will be found in default of the contract. Rados and OCSD corresponded and met throughout March and early April, 2004 concerning the pipe joint problems and actions by Rinker. During this time, Rados did not place any 108-inch pipe, except in the Adams Intersection so as to partially open the street. Rados also requested a meeting and met with senior OCSD staff. As a result of this correspondence and meetings, OCSD agreed to provide instructions regarding the installation of the pipe already paid for, provide additional criteria for the fabrication of pipe not yet manufactured, and participate in cost sharing for extra costs Rados was incurring while reserving the right to recover these costs from Rados. Rados placed performance demands upon Rinker and shared some of the correspondence with OCSD. On April 16, 2004 OCSD sent instructions regarding the existing pipe to Rados. These instructions include the requirement to continue the use of the full circular bell gage, pre-grind pipe bells, inspect and repair pipe prior to shipment to the site, use only one gasket, and other items. On April 20, 2004 OCSD confirmed in writing that they would not accept the 108-inch pipe that had been manufactured but not yet paid for and on April 23, OCSD sent the additional criteria for the 108-inch RCP not yet manufactured. On April 22, 2003 Rados sent to OCSD a request for cost sharing for specific items as discussed in the meeting with senior OCSD management. OCSD staff reviewed this letter and responded to it on May 6, 2004. In the response, OCSD staff noted that OCSD reserved its rights to recover costs and that the letter did not waive any rights or modify the contract. OCSD staff agreed to reimburse Rados for four items and did not agree to reimburse Rados for four other items. OCSD also stated that liquidated damages will be accessed but not withheld currently from progress payments. Page 17of21 ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 Rados resumed laying 108-inch pipe in the Adams intersection on April 27, 2004 and resumed laying 108-inch pipe in the main heading on May 24, 2003. The Adams intersection work was completed in early June, 2004. Rados continued laying pipe on Bushard for the main pipe heading until July 2, 2004 at which time they stopped laying pipe to work on the pavement and site restoration work so pipe laying could resume across the Hamilton Avenue Intersection. OCSD staff has recently inspected the last 80 joints of pipe completed and found 5 cracked bells out of the 80 joints for a crack rate of about five percent (5%). The cause -and cure for this is under investigation. Most of the cracks were clustered in one area. The cracks will be repaired by injecting epoxy into the cracks and a flexible sealant will • also be used if necessary. .. - - - 108-inch RCP within Bushard Street beyond Hamilton Avenue: Period: This phase of the work encompasses 108-inch RCP pipe to be laid within Bushard Street beyond Hamilton Avenue and is expected to begin after November 1, 2004. The work is expected to proceed at approximately one-half mile every ten weeks. The overall completion of the work is dependent upon the availability of pipe; if the problems with the availability of pipe do not occur, the project is expected to be completed in late October 2005, if problems do occur, the expected completion is December 2005 or later. Work Elements: The remaining 108-inch RCP work in Bushard Street beyond Hamilton Avenue includes the following: • Approximately 14,500 linear feet of 108-inch RCP. • Construction in Garfield Avenue and Ellis Avenue intersections will be under separate work headings. • Fiber optic cable conduit. • Extensive removal and restoration of pavement. • A major junction structure within Bushard Street, just north of Ellis Avenue. • Two hundred fifty feet (250') of ninety-six inch (96") RCP within Ellis Avenue for the Knott Interceptor bypass. Page 18 of 21 I "-- - I .. Complicating factors: ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 Factors complicating the work within Bushard Street beyond Hamilton Avenue include the following: • The availability of pipe fabricated with the new design. • Increased public awareness of the work and heightened public sensitivity • Resolution of the pipe problems • Potential for construction claims. Each of these factors is discussed below. Currently, Rados is laying 108-inch RCP which OCSD previously paid for as stored materials. Extra efforts are being undertaken to make this pipe acceptable. OCSD informed Rados that they would not accept anymore of the 108-inch RCP built with the current design once the pipe that has been paid for is used. Rados has directed Rinker to submit a new pipe design. OCSD has reviewed this new pipe design and has rejected it due to too many similarities with the current design. In the rejection letter, OCSD provided Rados information on what is needed to make the design acceptable. It is believed that Rados and Rinker will resubmit a design based upon this information and begin manufacturing of the pipe shortly. However, the supply of pipe is expected to be depleted in mid September. Therefore, 108-inch RCP may not be available continuously and interruptions in placing the 108-inch RCP could occur. This could delay the construction completion by three months or more. Should a delay in 108-inch RCP placement occur, OCSD staff will direct Rados to remove all equipment from the street, restore the street, and open the street to traffic until 108-inch RCP is available for installation. Due to the public awareness of the project, OCSD has initiated more controls on the project such as sound barriers for the generators. The City of Huntington Beach has also exerted more control on street closures and restoration schedules and clean up. This has added cost to the project and time to the project schedule. OCSD staff believes pipe problems will be prevented by using pipe manufactured under the new design. For pipe that has been laid, OCSD staff is carefully inspecting the pipe to discover all cracked pipe and is insuring the cracked pipe is repaired. The pipe will be inspected again prior to acceptance of the pipeline in late 2005. To date, OCSD has not found any significant leakage into the pipeline after cracks have been repaired. OCSD staff also believes that any significant cracks will occur within the next few months and cracking will not be a problem with time for various technical reasons. OCSD's staff believes the cracking problems are related to combined stresses on the pipe bells due to the tight manufacturing tolerances and/or the contractor's ways and means of installing the pipe. This opinion is backed by a pipe expert retained by OCSD legal counsel, research done by OCSD staff, and Boyle engineering. However, the pipe Page 19 of 21 - -- - - - - ... Complicating factors: ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 Factors complicating the work within Bushard Street beyond Hamilton Avenue include the following: • The availability of pipe fabricated with the new design. • Increased public awareness of the work and heightened public sensitivity • Resolution of the pipe problems • Potential for construction claims. Each of these factors is discussed below. Currently, Rados is laying 108-inch RCP which OCSD previously paid for as stored materials. Extra efforts are being undertaken to make this pipe acceptable. OCSD informed Rados that they would not accept anymore of the 108-inch RCP built with the current design once the pipe that has been paid for is used. Rados has directed Rinker to submit a new pipe design. OCSD has reviewed this new pipe design and has rejected it due to too many similarities with the current design. In the rejection letter, OCSD provided Rados information on what is needed to make the design acceptable. It is believed that Rados and Rinker will resubmit a design based upon this information and begin manufacturing of the pipe shortly. However, the supply of pipe is expected to be depleted in mid September. Therefore, 108-inch RCP may not be available continuously and interruptions in placing the 108-inch RCP could occur. This could delay the construction completion by three months or more. Should a delay in 108-inch RCP placement occur, OCSD staff will direct Rados to remove all equipment from the street, restore the street, and open the street to traffic until 108-inch RCP is available for installation. Due to the public awareness of the project, OCSD has initiated more controls on the project such as sound barriers for the generators. The City of Huntington Beach has also exerted more control on street closures and restoration schedules and clean up. This has added cost to the project and time to the project schedule. OCSD staff believes pipe problems will be prevented by using pipe manufactured under the new design. For pipe that has been laid, OCSD staff is carefully inspecting the pipe to discover all cracked pipe and is insuring the cracked pipe is repaired. The pipe will be inspected again prior to acceptance of the pipeline in late 2005. To date, OCSD has not found any significant leakage into the pipeline after cracks have been repaired. OCSD staff also believes that any significant cracks will occur within the next few months and cracking will not be a problem with time for various technical reasons. OCSD's staff believes the cracking problems are related to combined stresses on the pipe bells due to the tight manufacturing tolerances and/or the contractor's ways and means of installing the pipe. This opinion is backed by a pipe expert retained by OCSD legal counsel, research done by OCSD staff, and Boyle engineering. However, the pipe Page 19of21 -ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 ~ manufacturer, Rinker, has expressed an alternative opinion. The contractor, Rados, has not expressed any opinion in regards to the fabrication of the pipe or OCSD contract documents as related to the pipe problems. Rados has expressed the opinion that their ways and means are industry standard and not at fault. The pipe problems have increased costs to all parties {OCSD, Rados, and Rinker) and while all parties have undertaken certain actions to resolve the problems, all parties have reserved their rights to recover costs. As a result of costs incurred by Rados and Rinker and their differences of opinion on .. causes of the pipe problems, Rados is likely to present construction claims. Previously Rados has submitted notice that they intend to claim for extra costs and Rados has provided OCSD with a similar notice from Rinker to Rados. These claims are likely to ,,., take a considerable amount of time and effort to resolve. OCSD's staff intends to defend against any potential claims and assert any OCSD claims as deemed appropriate. Throughout the problem, OCSD staff has been assisted by legal counsel. - - - - - Summary The Bushard Trunk Sewer being replaced was constructed fifty years ago and has reached the end of its useful life due to severe corrosion. This was confirmed by televised and physical inspections that found much of the sewer pipe had eroded. The 1999 Strategic Plan recommended an upgrade of the Bushard Trunk Sewer that included intercepting flows from another trunk sewer and providing wet weather storage. The project was designed based upon the 1999 Strategic Plan recommendations and a construction contract was awarded in 2002. Construction began in late 2002. Shortly after the installation of the 108-inch reinforced concrete pipe began in March 2003, problems were experienced with cracking of the pipe bells. The parties involved in the construction (the contractor, the pipe fabricato~, the design engineer, and OCSD) have not agreed on the cause of the problem. The District believes the primary issue is very· tight tolerances built into the pipe joint by the supplier are causing over stressing of the pipe joints. The problems have resulted in multiple work delays. The resolution of the problem has been a step process and is continuing. As a result of the problems, OCSD has retained legal and expert help to assure the District's interests are protected. Any defects resulting from the problem are being corrected prior to the pipe being accepted. Although OCSD staff is working towards a final resolution, the problem may continue and cause additional project delays. The project involves heavy construction near residential and commercial property. OCSD initiated a public outreach program prior to construction to address potential public concerns. This effort continues. The public outreach efforts have been complicated by the construction delays and public perceptions about the integrity of the pipe being installed and the effects of dewatering. The delays have caused greater inconvenience to the public. Public awareness of the pipe problems has raised Page 20 of 21 - - - I ~ - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 concerns about the pipeline itself. The public outreach efforts have therefore sought to educate the public about what is being done to complete the project and what is being done to insure the pipeline is reliable and safe. The project involves the use of heavy equipment near residential property. There is noise and there have been complaints of vibration and property damage. By contract, the Contractor is liable for property damage and initially was slow at making determinations in regards to resolving or denying complaints. The contractor has taken efforts to improve this. The contractor has changed insurance companies and is working with the previous insurance company to quickly review and settle or deny past complaints. The previous insurance company has committed to again reviewing all property damage complaints, through an independent party, and either settling or denying them by late August, 2004. OCSD is reviewing methods to reduce noise. The project is needed and OCSD staff is committed to completing the project. The public and OCSD needs are best met if the project can be completed under the current contract as long as quality is not compromised. OCSD staff is also committed to continue the public outreach program and address all public concerns, including resolving damage claims associated with the construction in a fair and timely manner. Page 21of21 - - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 APPENDIX A PROJECT BACKGROUND History and Development: The Bushard Trunk Sewer was constructed in 1954. It consists of approximately four miles of sewer that begins at Ellis Avenue and Bushard Street and continues south on Bushard Street to Orange County Sanitation District's Treatment Plant 2. It intercepts flows from the Magnolia Trunk Sewer at Ellis Avenue and conveys the flows to Treatment Plant 2 without intercepting any additional flows. The Magnolia Trunk Sewer collects wastewater from the Cities of Buena Park, Stanton, Garden Grove, Westminster, and Fountain Valley and serves approximately 13,200 acres. The Bushard Trunk Sewer was originally constructed of unlined reinforced concrete pipe. In the early 1980s, OCSD staff found the unlined pipe had severely eroded. In 1983, a polyurethane coating was added to extend the pipeline life anther ten years. Through visual inspections in 1997 and 1998, OCSD staff found that the coating was peeling off and the pipeline was deteriorated. This finding led to a television inspection of the line in June 1999 and an evaluation of the pipeline by DGA Consultants, Inc. As a result of the evaluation, OCSD initiated a project to rehabilitate or replace the Bushard Trunk Sewer. As the Bushard Trunk Sewer rehabilitation project was developing, OCSD was completing a Strategic Plan for its facilities. This 1999 Strategic Plan identified the Bushard Trunk Sewer as a critical facility in the collection system and recommended the following: • Divert the Knott Interceptor the Bushard Trunk Sewer. o This was to relieve the lnterplant Line in Brookhurst so it could handle more flow from Plant 1 going to Plant 2. o This was to also provide hydraulic relieve to large upstream portions of the Magnolia and Knott sewer systems. • Use the Bushard Trunk Sewer for wet weather flow storage. • Upsize the upper 2,400 feet of Bushard Trunk Sewer from 54" to 96" and 102" and upsize the lower 11,800 feet of the Bushard Trunk Sewer from 54" to 120" in order to accommodate wet weather storage, accommodate flows from the Knott Interceptor, and to provide overall sewer system flow capacity through 2020. The 1999 Strategic Plan was adopted and a professional services contract was issued to Boyle Engineering in April, 2000 for engineering services for the rehabilitation or replacement of the Bushard Trunk Sewer in accordance with the 1999 Strategic Plan. Also, late in 2000, Tran Consulting Engineers was contracted to physically inspect the Bushard Trunk Sewer. The inspection contract was issued to determine if construction start could be delayed until 2005 because of costs reasons and to determine if the Bushard Trunk Sewer could be rehabilitated. If the sewer could be rehabilitated, an additional sewer line could be constructed parallel to it and the two lines could provide the same total flow capacity as recommend by the 1999 Strategic Plan. Appendix A Page 1 of 6 - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 APPENDIX A PROJECT BACKGROUND Tran Consulting Engineers inspected the Bu sha rd Trunk Sewer in 2001 and found that the pipe was severely corroded with the steel reinforcing eroded through and as little as 16% (1-inch) of the concrete thickness remaining . Tran 's evaluation noted that "an event" such as a smal l earthquake or heavy saturation of the ground by flooding , could cause the pipe Bush a rd T r unk Sewer Inspection Evenina Entrv into Sewe r -to collapse. As a result of the report , OCSD decided to - - - proceed with the construction of a replacement Bushard Trunk Sewer as soon as possible. Also as a result of the report, Boyle Engineering determined that it was not economically feasible to rehabilitat e the existing Bushard Trunk Sewer. Design : As noted previously, Boyle Eng i ne eri ng (Boyle) provided design engineering services. Boyle has been in business for over fifty years and is ranked among the top 100 firm s nationally in terms of design volume. OCSD sta ff provided design oversight and ass isted Boyl e during the de sign period . The preliminary design report was co mpleted in March 2001. Th e preliminary design provided the guidelines for final project design. The preliminary design addressed , but was not limited to the following: • Project alignment • Existing utilities • Sewer flows and hydraul ics, including land use effects on flows . • Odor concerns . • Adequacy of 1999 environmental documentation. • Geotechnical Information . • Preliminary Cost Estimates The preliminary design set the al ignment. Each of the following factors was co nside red when determining an alignment: -• Impa cts to traffi c during construction. • Construction impacts to busin ess interests and residents . Appendix A Page 2 of 6 - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 APPENDIX A PROJECT BACKGROUND • The impact to utilities from construction and the final location. • The overall impact to the sewage system during and after construction. • Besides Bushard Street, the alignment study looked at Brookhurst Street, Magnolia Street, and the Talbert Channel. None of these other alignments compared favorably with Bushard because of traffic considerations, public impact, existing utilities, and cost. - - - Throughout the design effort, input was sought from the City of Huntington Beach and the City of Fountain Valley. At each stage of the design (preliminary, 60%, 90%, and final), plans and specifications were given to the Cities' public works staffs for review and comment. Multiple meetings were held with the Cities. Utility companies and agencies were also contacted and met, as well as South. East Huntington Beach Neighborhood Association and the Coastal Development Committee. Sewer system hydraulics and flows were evaluated during the design. The design team reviewed land use data, the ability to store storm water, method of handling flows during construction, and how to handle City sewer flows as well as other items. The design team found the ability to store wet weather flows was not as great as the 1999 Strategic Plan assumed, therefore the pipe size was reduced from the 1999 strategic plan recommendation of 120 inches to 1 OB-inches. The flow studies determined that flows could be safely diverted to other sewers until the estimated 2005 flows were reached. The flow studies also indicated that Treatment Plant 1 could handle the diverted flows during wet weather but with difficulty. As a result of flow studies, the design team found City of Huntington Beach sewers could not be tied into the Bushard Trunk Sewer. The sewers instead are separated from the Bushard Trunk Sewer where they cross it and a parallel City trunk sewer is being constructed for part of the alignment. Permits had to be obtained for the project from the County of Orange, the California Department of Fish and Games, the Army Corp of Engineers, California Regional Water Quality Control Board Santa Ana Region, and the Costal Development Committee. The Cities of Fountain Valley and Huntington Beach signed their acceptance of the project on the plans. Appendix A Page 3 of 6 - - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August , 2004 APPENDIX A PROJECT BACKGROUND Several Permits were required for crossing the Fountain Valley Channel (Left ) A separate geotechnical report was prepared to evaluate construction and facility concerns during design. Soils and groundwater conditions were evaluated . Traffic control was studied extensively and traffic control plans were prepared . Twenty- nine (29) separate stages were detailed for the construction of the main sewer. Numerous meeting were held with City traffic engineers to review the plans . The fire departments were also included on the reviews. As a result of the design efforts , construction contract documents were prepared that consisted of plans , construction contract requirements , technical specifications, and site information such as geotechnical conditions to be expected . The specifications included general requirements for the pipe materials as well as requirements for construction of the pipeline. The main sewer pipe materials were specified to be reinforced concrete and the pipe was required to meet minimum strength requirements and national standards. A plastic lined reinforced concrete pipe was chosen for its ability to meet project requirements and because of the successful history of use within OCSD. The contract documents have general requirements for the fabrication of the pipe and the documents include national standards by reference . As in accordance with industry standards, the contract documents do not include a detailed design for the pipe joints. The contractor and the contractor's pipe fabricator are relied upon for the detailed pipe joint design . La rge diameter reinforced concrete pipe is not a stock item; while fabricators do rely on past expertise , the pipe for a major project is usually designed and fabricated specifically for that project. The contract documents allowed two different general types of pipe joints . Th e fabricator of the Bushard Trunk Sewer pipe , Rinker Hydro Conduit (Rinker) chose a flush bell and spigot pipe and designed it accordingly. Appendix A Page 4 of 6 - - - - - - - - - - Preconstruction: ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 APPENDIX A PROJECT BACKGROUND The Bushard Trunk Sewer was advertised for construction on March 26 , 2002 and April 9, 2002. Nine bids were received for the construction work. • The bids ranged from $28,785 ,747 to $40,5 16,440 . • The average bid was $34 ,317 ,724 ; the median bid was $34,814 ,020 . The low bidder requested that their bid be withdrawn because of a material error and their request was allowed by the Board of Directors. The second low bidder, Steven P. Rados, Inc. (Rados) was awarded a construction contract in the amount of $30,003,210 on June 26, 2002 . Graphic Comparison Bid Totals 1-2-4 545,000,000 540,000,000 $35.000.000 ------1 ~ l---==-- $30.000.000 --1 ~ ;; ~ $25.000,000 w ell ~ .. i :6 Ii (I $20,000.000 11' t) w s 15.000.000 s 10,000.000 SS.000.000 so Bi dd ers After award of the contract , Rados found out that the slide gates for the flow d ivers ion structure north of Ellis Avenue had a lead time of six months. The work at this structure was to be the first item done so flow in the Bushard Trunk Sewer could be d iverted. OCSD staff evaluated other means to divert the flows and also evaluated the long term safety of diverting flows. OCSD staff found the flows could be safely diverted. The flow diversion evaluation delayed the issuance of the notice to proceed and the start of construct ion work . The notice to proceed was issued on September 16 , 2002 . Steve P . Rados, Inc. set up a site office on October 3, 2002 and began actual construct ion work on December 3, 2002. Prior to the start of construction and after award, OCSD staff concluded obtaining City of Huntington Beach approval and sign off on the project. OCSD staff also met w ith residents to explain the project. Appendix A Page 5 o f 6 - - - - - - - - - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August , 2004 APPENDIX A PROJECT BACKGROUND Project Budg eUCos t Estimate History • In the 1999-2000 Fiscal Year Budget $32,7 12 ,000 was budgeted for the total project of which $21 , 010, 000 was for the construction contract. • In the 2000-2001 Fiscal Year Budget $30,630,000 was budgeted for th e total project of which $2 1,500,000 was for the construction contract. • In the 2001-2002 Fiscal Year Budget $33,706,000 was budgeted for the total project of which $24,505,000 was for the construction contract. • In the 2002-2003 Fiscal Year Budget $38 ,984,000 was budgeted for the total project of which $30 ,007 ,000 was for the construction contract. • In the 2003-2004 Fiscal Year Budget $39,393,000 was budgeted for the total project of which $30,685,000 was for the construction contract. o This construction contract budget was amended to $31,094,779 . • In the 2004-2005 Fiscal Year Budget $40,788,403 was budgeted for the total project of which $35 ,271,000 is for the construction contract. Capital Improvement Project Budget 4 5 ,000 ,000 A-----------=- 40,000 ,000 35 ,000 ,000 30 ,000 ,000 25 ,000 ,000 20 ,000,000 15 ,000 ,000 10,000 ,000 5 ,000 ,000 - 0 o Tot al Bud get •Construction Contract 1999-2000-2001-2002-2003-2004- 2000 200 1 2002 2003 2004 2005 The design e ngineer, Boyle Engin eering , prepared opinions of probable co nstruction cos t at the 30% design stage (preliminary design report), the 60% design stage, th e 90% design stage , and the final design . The cost estimates were as follows : • 30% -$25,8 12,600 • 60% -$25, 796,000 Fiscal Year Opinion of Proba ble Cost 29,000,000 .-.....--------------~ 28,50 0 ,00 0 t----------==--==--1 28,00 0 ,0 00 1-------- lll 27,500,000 ii! 27,00 0 ,000 -1----------1 'i5 26.500,000 __ ,___ ______ _, 0 26 .000,00 0 t--=-·--~--- 25.500,000 - 25,000,000 24,500 ,000 f--'---L.--L--1----'---'---'--'-'--'-~ 30% 60 % 90% F in a l Design Stage Appe nd ix A Page 6 o f 6 - - - ... - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 APPENDIX A PROJECT BACKGROUND • 90% -$28,322,000 • final -$28,322,000 As of August 10, 2004, eight construction change orders have been approved that collectively increase the construction contract to $31,516,326. Appendix A Page 7 of 6 - - - Outreach efforts: ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 APPENDIX B PUBLIC CONCERNS Throughout the entire project, notifications have been sent to residents and businesses informing them of work locations and time frames. OCSD has sent a total of 33 notifications over a 20 month period, and bulletins were provided for schools to distribute to parents. Some notifications have been sent to the entire project area and others to the specific area where the work has taken place. In addition to the notifications, OCSD has held or attended 6 community meetings since the start of the project, and participated in a cable show on HB3TV with Debbie Cook in April 2003 to provide information on the project. The audience for outreach efforts includes both residents and businesses within the boundaries of Brookhurst Street to Magnolia Street, from Banning Ave to Ellis Ave. Complaints have come mainly from residents who reside in the area from Banning to Hamilton where the majority of construction is currently taking place. The residential neighborhood is approximately 25 to 30 years old. There are many long-term, elderly residents as well as a high number of young families. Several schools and churches are also located throughout the area. The goals of the outreach efforts are to maintain open and active communication with all neighbors within the project area; to gain their understanding of the need for the project; to mitigate their concerns as much as possible; and to keep them informed of construction activities. To achieve the goals, the following objectives are identified: 1. To form a positive presence in the community by ensuring that personal, proactive contact is established with residents and businesses. 2. To respond to the concerns and questions within a 24 hour period, establishing a relationship of trust and demonstrating that the District is willing to try to address ·their issues. 3. To offer briefings and presentations about the project to neighbors and/or neighborhood groups, businesses, schools, churches and other institutions nearby. 4. Rapid response team will be ready and employed, if needed, to provide information or problem solving in a timely manner with regard to this outreach effort. The primary task of the outreach effort is to gain residents' acceptance of the project by establishing and maintaining active communication with surrounding neighbors and to proactively search out solutions to their potential concerns/problems. In support of this task, the following is being done: -• Construction Hotline will continue to serve as the main contact for neighbors. The Construction Hotline phone number will be provided in all communication. Phone - Appendix B Page 1 of 7 - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 APPENDIX B PUBLIC CONCERNS calls will be retrieved and responded to or referred as appropriate. A record will be maintained along with the follow up. This log will be housed on NT Global. • Weekly Web site Updates. Every Friday a narrative description of the work for the upcoming week along with a project map will be uploaded to the Web site. • Addressing Concerns for Residents of the Banning to Hamilton area. o Due to lengthy delays in construction, residents in this area have become agitated. Residents have filed numerous complaints that range from property damage to an increase in rats and insects. In an effort to improve our relationship with these neighbors, OCSD staff will increase communication and personal contact with all of the residents in the area to demonstrate that their concerns are being addressed quickly and appropriately. Rapid response and thorough follow up will help to build trust with all the neighbors. OCSD staff will assist in mitigation efforts by communicating the problems and wishes of the residents to OCSD's project team. As the project progresses from Banning Avenue to Ellis Avenue, open proactive communication will be maintained and neighborhood meetings will be provided as needed. • List of mitigation efforts. o OCSD staff has remained highly responsive to neighborhood concerns and as a result has enacted many mitig.ation efforts. As a way to clearly show our neighbors that we are listening to them, OCSD staff will develop a comprehensive list of all current and planned mitigation efforts. Additionally, it will be a resource if and when we receive calls or questions from media or concerned elected officials. • Letters to Neighbors as Construction Progresses. o OCSD staff developed a letter that was being sent to the project area residents. The letter provided an overview of construction activity schedules and a general notification that activity will be increasing and with it the possibility of increased noise and vibration. The letter will invited residential and commercial neighbors to attend the community meetings. The meetings were divided into three areas representative of local neighborhoods because of the large area covered by the project. The first meeting was held July 15, 2004, the second meeting was held August 19, 2004, and the third meeting will be scheduled as construction approaches the area. OCSD communications staff will be responsible for coordinating community meetings. • Communication with City Officials. o Regular communications with our Board of Directors will continue. The cities of Huntington Beach and Fountain Valley will be kept abreast of key issues that arise with this project. Each month Communications will compile and prepare a detailed report outlining outreach efforts for the OCSD Board of Directors. The report will include copies of Appendix B Page 2 of 7 - - - - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD-August, 2004 APPENDIX B PUBLIC CONCERNS distributed notifications , weekly Web site updates , and media clips that appeared in newspapers and other publications . ·=· • i ; Orange Cou-nty Sani:a:ion D '5 :rict Bushard Trunk Sewer Construction Project Weekly Status Update -August 13, 2004 CEJ !=.:.·~~~-:: ... _ I II l curt".,.Ccin•vmcnAnu I O lc_c _~ .. ," I FOR MORE .NFORMATIO.' CALL COHSTRt'CTIOH ..oruNE 1n c1 sn.2t111 IM1.:t-.cind~Cir-1s-... s.,.._.a~ ..,_"', CaanadCcirq:4-.cin n r111 •.-_. ,~ ....... )lt.4 kc.nh en-re: c""'rum"' .1111 acn .. -1t.M.1 ~1i .. e t'tu h Nin i a .. h.Jrd ~U)Jtdcl..,~Kd-V c:n~r1 ~ ,. e:... o.....---.~ ... ----Cinw• ttn·.l)tfl l D1.11hlftlbl•H n tt1 ~ U-..1•~··· tOO...C.pp ar.:d •t n.ewf 11nJ ,..p,u..,..dUW.h a •a&N. C ~ C~11h.« J..r•Vtft OllOc:I UMif, ~Ckilut C-...C1-:.....-..eaccw on~ lcluh -"'• .tN_.-nnf Ouu..---"' a .. hlrdr.ill)'~btt•....,~Ortw .-d •.-tlild•:on ~ nun..cd"" Property Damage Claims OCSD construction staff recei ved the first complaint on the project on March 24, 2003 . As of August 12, 2004 OCSD has received a total of forty-fi ve (4 5) compla ints. Damage complaints were received subsequent to the realignment of OCSD sewers in Cape May Lane , the realignment of City of Huntington Beach Sewers along Bushard -Street , and also with the installation of the 108" Bushard Trunk Sewer and it's appurtenances. Generally , the realignment of the sewers too k place prior to the installation of the 108" trunk sewer. - A ppend ix B Page 3 of 7 .... - - - - - - - - - - - - - - - - - ORANGE COUNTY SAN IT ATI ON DISTRICT BUS HARD TRUNK S EW ER REP ORT TO TH E BOARD-August, 2004 APPENDIX B PUBLIC CONCERNS The tab l e below describes t he general types of damage and number of occurrences of each type from the fo rt y two complain ts received: Type of alleged damage Number of complaints Cracked driveway, patio, or sidewa lk 11 Cracks i n Ex teri o r Wa ll s 14 Cracks i n ceil ings 3 Plumbing leaks 2 C racks on interior wa ll s 3 C racked Floo r Til es 6 Broke n Windows 3 Doo r Will Not Close 2 Mi no r D amaqe to Au tos 2 Excess D irt 1 El ectri cal Wirinq Loose 1 Broken Loose Items 1 Swimm i ng Poo l 2 Rados is required by the contract to repair any property damages associated w ith the project, and furthermore to indemnify OCSD from any property damage cla ims, save and except claims or litigation arising thro ugh the sole negl igence or misconduct of the OCSD . The contractor is also req uired to prov ide liabi lity insurance under the contract and name OCS D as an additional insured. The contractor may , or may not , choose to contact the insurance ca rrie r on any individual complaint. Crack in CMU Wall Ap pend ix B Page 4 of 7 - - - - - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August , 2004 APPENDIX B PUBLIC CONCERNS ' I I '1 J Ceiling Crack 1 I t ' I I Crack in drive way -When damage complaints are received they are referred to Rados for resolution . Rados inspects the alleged damage and will either deny the claim , defer it to the insurance carrier, or settle the claims . At the beginning of the project, OCSD would also -inspect damage where residents were not satisfied with Rados determinations. After numerous complaints regarding Rados determinations were received, OCSD staff started inspecting all damage complaints. -The following table shows the status of the claims as of August 12 , 2004: -Complaints Received 45 Complaints Denied By Rados 16 Settled by Rados 2 -Partial Settled Rados 1 Deferred Until Work in Area is Complete 3 Appendix B Page 5 of 7 - ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 APPENDIX B PUBLIC CONCERNS Referred by Rados to Insurance Carrier Resident repaired cosmetic damage and refused inspection or repair Resident refused inspection based on advice from resident's attorney 11 1 4 OCSD staff met with Rados on July 1, 2004, where staff's dissatisfaction with the handling of resident damage complaints was discussed. Rados also voiced dissatisfaction with the slow handling of claims by the insurance carrier (AIG) and committed to have all of the claims reviewed again with an independent adjuster (David Morse and Associates) hired through the insurance carrier. After the meeting, the adjuster was to attempt to contact all of the claimants by July 9, 2004, with the goal to make another determination via the independent adjuster by August 13, 2004. The determination may either be a settlement agreement or denial of the claim. In many cases, OCSD staff has been unable to determine whether construction activities have caused damage or not. The pubic has suggested dewatering as a potential source of ground settlement and potential property damage. During design this was briefly looked at and not believed to be a probable concern. However because of damage concerns, OCSD legal council has retained a geotechnical consultant to evaluate whether dewatering could be a source of property damage. Rados is monitoring construction vibration. Prior to construction, OCSD staff video documented the public right-of-way for purposes of documenting prior damage. This video documentation is being reviewed and efforts are being made to improve on it for future work. Public Concerns Regarding Construction: The construction delays have created a heightened public awareness of the project. The local newspaper and the Orange County Register have had articles on the project. The public is concerned about the quality of construction that is being done, the construction noise, and other construction nuisances. The public is also concerned that construction has increased rodent and insect problems. OCSD staff is taking all public concerns seriously and making attempts to mitigate them. The construction contract contains environmental control provisions related to noise control, dust control, odor emissions, exhaust emissions, and rubbish control. OCSD field staff and Rados' field staff are aware of these provisions and have been adhering to them. OCSD regularly reviews dust, noise and odor control with Rados. In addition to theses efforts, OCSD staff has directed the construction contractor to provide a noise -enclosure around the generators. Through a sub-consultant to Boyle Engineering, OCSD is reviewing methods to reduce the noise from other equipment. Cost's field staff - Appendix B Page 6 of 7 - - ... ORANGE COUNTY SANITATION DISTRICT BUSHARD TRUNK SEWER REPORT TO THE BOARD -August, 2004 APPENDIX B PUBLIC CONCERNS and Rados' field staff have become more aware of noise concerns are looking at ways to improve the situation. OCSD staff is working through the public outreach program to let the public know the integrity of the completed pipe line will not be compromised. Appendix B Page 7 of 7