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HomeMy WebLinkAbout05-14-2014 Administration Committee Agenda ORAKIJEODUNTY Orange County Sanitation District SANITATION DISTRICT Wednesday, May 14, 2014 Regular Meeting of the \ 5:30 P.M. Administration Committee 1 Administration Building Board Room 10844 Ellis Avenue fl� Fountain Valley, CA(714) 593-7130 AGENDA PLEDGE OF ALLEGIANCE: DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: CONSENT CALENDAR: 1. Approve Minutes of the April 9, 2014, Administration Committee Meeting. 2. Recommend to the Board of Directors to: Approve not-to-exceed numbers as follows, with the understanding that the Sanitation District's insurance broker will continue to negotiate with insurers to seek the lowest possible premiums prior to the expiration date of the current major insurance policies: A. Excess liability insurance - $390,224; and B. Excess workers compensation insurance - a rate of$0.3408 per$100 of payroll (estimated premium at $223,000); and C. Property and Boiler & Machinery combined - $705,830. 05/14/14 Administration Committee Agenda Page 1 of 3 3. Recommend to the Board of Directors to: A. Authorize the General Manager to enter into contracts for Temporary Employment Services (Specification No.CS-2009421BD) for a one-year period (July 1, 2014 through June 30, 2015), for a total amount not to exceed $550,000 per year, with a 5% annual aggregate escalation factor, with four one-year renewal options; and B. Authorize the General Manager to add or delete such firms as necessary to meet work requirements as identified by the Human Resources Department. 4. Receive and file District purchases made under the General Manager's authority for the period of January 1, 2014 — March 31, 2014. NON-CONSENT CALENDAR: 5. Items A-D: A. Introduce Ordinance No. OCSD-XX, entitled "An Ordinance of the Board of Directors of the Orange County Sanitation District amending Section 2.03 of Article II of Ordinance No. OCSD-41 concerning rebates and refunds of Sanitary Sewer Service Charges."; and B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of said entire Ordinance on May 28, 2014; and C. Set June 25, 2014 for the second reading and adoption of Ordinance No. OCSD-XX; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. INFORMATION ITEMS: 6. FY 2014-15 Benefits Program Renewal Costs 7. Post March 28, 2014 Earthquake Activities 8. OCSD Reserves, Investments and Financial Management Policies 05/14/14 Administration Committee Agenda Page 2 of 3 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Administration Committee meeting is scheduled for Wednesday, June 11, 2014 at 5:30 p.m. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714) 593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Aoenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Made E.Ayala Clerk of the Board (714)593-7130 mavala(a)ocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager James Herberg (714)593-7300 iherbemRDocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rohirellita)ocsd.com Director of Finance and Lorenzo Tyner (714)593-7550 Itvner(docsd.com Administrative Services Director of Human Resources Jeff Reed (714)593-7144 ireed(cbocsd.com OS 14/14 Administration Committee Agenda Page 3 of 3 ITEM NO. 1 MINUTES OF THE REGULAR MEETING OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, April 9, 2014, at 5:30 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was held on April 9, 2014, at 5:40 p.m., in the Sanitation District's Administration Building. Committee Chair Reese led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Brad Reese, Chair Jim Herberg, General Manager John Withers, Vice-Chair Bob Ghirelli, Assistant General Manager David Benavides Lorenzo Tyner, Director of Finance Joe Carchio & Administrative Services Steven Choi Jeff Reed, Director of Human Resources Tyler Diep Nick Arhontes, Director of Facilities James Ferryman Support Services Gene Hernandez Rob Thompson, Director of Engineering Peter Kim Ed Torres, Director of Operations and Prakash Narain Maintenance Janet Nguyen Maria Ayala, Clerk of the Board Teresa Smith Jennifer Cabral Troy Edgar, Board Chair Dean Fisher Tom Beamish, Board Vice-Chair Norbert Gaia Al Garcia COMMITTEE MEMBERS ABSENT: Randy Kleinman Faviola Miranda Mike White OTHERS PRESENT: Brad Hogin, General Counsel Mike Simmons, Alliance Insurance Services PUBLIC COMMENTS: None. 04109i2014 Administration Committee Minutes Page 1 of4 REPORT OF COMMITTEE CHAIR: Committee Chair Reese did not provide a report. REPORT OF GENERAL MANAGER: General Manager, Jim Herberg, briefly reported on the two recent trips by him and Board Chair, Troy Edgar. They traveled to Washington DC to receive the US Water Prize, and they traveled to Sacramento to testify at the Committee Hearing on SB 946. A more detailed report will follow at the next Board meeting. REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: Mr. Tyner did not provide a report. CONSENT CALENDAR: 1. MOVED, SECONDED, AND DULY CARRIED: Approve Minutes of the March 12, 2014 Administration Committee Meeting. AYES: Beamish, Benavides, Carchio, Choi, Diep, Edgar, Ferryman, Hernandez, Kim, Narain, Nguyen, Reese, Smith and Withers NOES: None ABSTENTIONS: None ABSENT: None NON-CONSENT: Mr. Tyner gave a brief report on the current impact the current interest rates or market will have on possible refinance. 2. MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: Authorize the General Manager to issue new fixed rate Certificates of Participation (COP), to be referred to as Wastewater Refunding Revenue Obligations, in an amount sufficient to refund up to $267.3 million of COP Series 2007B. 04/09/2014 Administration Committee Minutes Page 2 of 4 AYES: Beamish, Benavides, Carchio, Choi, Diep, Edgar, Ferryman, Hernandez, Kim, Narain, Nguyen, Reese, Smith and Withers NOES: None ABSTENTIONS: None ABSENT: None INFORMATION ITEMS: Chair Reese announced that Agenda Item No. 5 would be heard first. 5. Community Outreach Program Update Faviola Miranda, Sr. Public Affairs Specialist, gave a report on the District's Outreach Program. Points covered in the presentation were: a display of the District's What2Flush campaign and other information materials, social media outreach, community outreach events, etc. The Committee had questions and feedback regarding: translation of materials into different languages; possible use of Huntington Beach's public channel; construction outreach; possible partnership with education sector; etc. 3. Status of 2014-15 Insurance Renewals Mike Simmons, Alliance Insurance Services, provided a brief report on the current insurance rates and their impact on the District's insurance plans. 4. FY 2014-15 Capital Improvement Program Update Dean Fisher, Engineering Manager, and Rob Thompson, Director of Engineering, gave a PowerPoint presentation on the District's Capital Improvement Program. The presentation included information on: current projects; budget; accomplishments; revised projects; enhanced planning; proposed new projects; etc. (Directors Nguyen and Withers left the meeting at 6:21 p.m. during the presentation.) The Committee held considerable discussion regarding the CIP budget forecast. Staff responded to questions from the Committee. (Director Diep left the meeting at 6:30 p.m. during the discussion.) 04/09/2014 Administration Committee Minutes Page 3 of 6. FY 2014-15 and 2015-16 Budget Mike White, Controller, gave a PowerPoint presentation on the District's budget planning process, and what the new budget plan (for the new 2-year budget) is projected to look like. The Committee had questions regarding: chemical purchases; biosolids management; energy production; etc. Staff responded accordingly. CLOSED SESSION: None. Director Kim asked for a simple update on when a report might be forthcoming on labor negotiations. Jeff Reed, Director of Human Resources, responded that a meet and confer with the Supervisors and Professionals group was requested and they are currently awaiting a response. He hopes to bring a closed session item for discussion for the next Administration Committee Meeting in May. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: Committee Chair Reese declared the meeting adjourned at 7:01 p.m., to the next regularly scheduled meeting of May 14, 2014. Submitted by: Maria E. Ayala Clerk of the Board 04/09/2014 Administration Committee Minutes Page 4 of 4 ADMINISTRATION COMMITTEE Meeting Dare TOBA.Of Dir. 05/14/14 OS/2B/14 AGENDA REPORT Item Number Item Number z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance &Administrative Services SUBJECT: 2014-15 Operational Insurance Renewals GENERAL MANAGER'S RECOMMENDATION Approve not-to-exceed numbers as follows, with the understanding that the Sanitation District's insurance broker will continue to negotiate with insurers to seek the lowest possible premiums prior to the expiration date of the current major insurance policies: A. Excess liability insurance - $390,224; and B. Excess workers compensation insurance - a rate of$0.3408 per$100 of payroll (estimated premium at $223,000); and C. Property and Boiler& Machinery combined - $705,830. SUMMARY The Sanitation District budget provides funds for the renewal of the following four major insurances for District operations: 1. Excess General Liability Insurance 2. Excess Workers' Compensation 3. All-Risk Property and Flood insurance 4. Boiler& Machinery insurance These insurance policies expire each June 30, and the Sanitation District's insurance broker works with staff to procure renewals at the best rates available. The Committee in the past has asked that the insurance broker present not-to-exceed numbers in May rather than in June, so that the Committee is not presented with numbers at the very last minute. The insurance broker's letter and not-to-exceed rates are attached, along with the informational Agenda Report presented to the Committee in April 2014. PRIOR COMMITTEE/BOARD ACTIONS June 2013 - The Board approved renewal of the above policies for the period July 1, 2013 through June 30, 2014. Page 1 of 2 ADDITIONAL INFORMATION N/A ATTACHMENT: The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package and attachments: Renewal Estimates from Alliant 2013-2014 Premiums Spreadsheet • Status of 2014-2015 Insurance Renewals Agenda Report from 4/9/2014 Administration Committee Meeting Page 2 of 2 Return to Mende Reran 44/liant 1HUWR SPECW.TY GROUP April 30,2014 Mr.Randall Kleinman Orange County Sanitation District 10844 Ellis Avenue Fountain Valley,CA 92708 2014-2015 Insurance Pricinta Indications Dear Randy: Attached please find the requested "not to exceed" renewal premium estimates for each line of coverage renewing at July 1. As in prior years, it is a bit too early to provide firm renewal proposals at this time,but we suspect to have finalized numbers by mid May. This year we me expecting a slight rate decrease in the Property program,which matched with a slight TIV increase should result in a near flat premium calculation as compared to 2013. The Excess Liability is also expected to renew with nothing more than an inflation increase of perhaps 4%to 5%. As mentioned at the April Administration Committee meeting, we continue to feel pressure from in the Excess Workers' Compensation arena as there is no let up in expected increases in the provision of medical cue. This year,the CSAC-EIA board decided to increase the confidence level of the program from 75%to 80%as a hedge,and this is generating a 6% increase over the actuarial projections of some 6% and this coupled with a bit of payroll growth in causing our premium expectation to ran some $25,000 over the expiring program. Nominal dollar increases are expected in the both the Crime and Watercraft coverages. In order to be sure that the renewal program offered is as competitive as possible, we are currently deep in the in the process of shopping OCSD's coverages to various carvers that write public utility risks, and the results of this process will be detailed in a marketing reported to be provided upon completion. We look forward to discussing the programs in more detail at your convenience. Very truly, u D s Senior Vice Presid (415)403-1421 direct (415)402-0773 fax dmuluueenev(lFalliant.com Alliaot Insurance Services,Inc.• 100 pioe SMo,I1'h Floor•San Francisco,CA 9411l Peoea(415)403-14M•wwwAliannnsurance.wro•License No.OC36861 Return to Mende Report OCSD 2013 Renewal Indications Dollar Percent Excess Liability 2013 2014 Change Change 1 at Excess- Security National Limit 10,000,000 10,000,000 - - SIR 250k/500k 250k/500k - - Premium 255,795 268,585 12,790 5% 2nd Excess- Starr Limit 20,000,000 20,000,000 Premium 120,000 121,639 1,639 1% Total Premium 375,795 390,224 14,429 4% Dollar Percent Excess Workers'Comp 2013 2014 Change Change Payroll 64,382,500 65,431,701 1,049,201 2% Limit Statutory Statutory Rate Per$100 0.3073 0.3408 0 11% SIR 750,000 750,000 - 0% Premium 197,868 221000 25,132 13% MME Dollar ercent Property- Boiler&Machinery 2013 2014 Change Change Values 1,807,738,094 1,864,345,724 56,607,630 3% Rate Per$100 0.03903 0.03786 (0) -3% Premium 705,566 705,830 264 0% Dollar Percent Crime 2013 2014 Change Change Premium $ 3,961 4,100 139 4% Dollar Percent Watercraft 2013 2014 Change Change Hull &Machinery 30,612 33,673 3,061 10% Vessel Pollution 1,250 1,375 125 10% 31,862 35,048 3,186 10% Return to Aaenda Rom ATTACHMENT ADMINISTRATION COMMITTEE Meeting Date TOBd.of Dir. 04/09/14 -- AGENDA REPORT Iem Number Item Numbe B Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance & Administrative Services SUBJECT: STATUS OF 2014-15 INSURANCE RENEWALS GENERAL MANAGER'S RECOMMENDATION Information Only. SUMMARY Historically, the Administration Committee has asked for status updates regarding the renewals of major insurance policies each year. The Risk Management Division and the Sanitation District's operational insurance broker begin the process of renewal each January, and final quotes are typically received in June shortly before the beginning of the new fiscal year. The Sanitation District budget provides funds for the renewal of the following four major insurances for District operations: 1) Excess General Liability Insurance 2) Excess Workers' Compensation 3) All-Risk Property and Flood insurance 4) Boiler & Machinery insurance PRIOR COMMITTEE/BOARD ACTIONS June 2013 — The Board approved renewal of the above four policies for the period July 1, 2013 through June 30, 2014. ADDITIONAL INFORMATION 1) Excess General Liability Insurance Program The Sanitation District's Excess General Liability Insurance Program is currently provided through the California Municipal Excess Liability Program (CAMEL) and its sister program, the Alliant National Municipal Liability Program (ANML). The Sanitation District has participated in the CAMEL program since FY 1996-97. Page 1 of 4 ADDITIONAL INFORMATION (cont'd) This program currently provides the Sanitation District with a $30 million policy of comprehensive coverage for municipal liability, bodily injury and property damage, and personal injury. The program was structured to also include Employment Practices, and Public Officials Errors & Omissions coverage. The $30 million coverage has a self-insured deductible of $250,000 per occurrence and $500,000 deductible for employment practices claims. Since 1997, the Employment Practices portion of coverage has been enhanced from a $2 million sub-limit to the full $30 million policy limit. The actual insurance coverage currently consists of two separate layers. The first layer is the "Basic" $10 million program with self-insured retention of $250,000. The second layer is $20 million of coverage in excess of the first layer of$10 million. The premium for 2013-14 was $371,642. 2) Excess Workers' Compensation Insurance The Excess Workers' Compensation insurance coverage is with the California State Association of Counties Excess Insurance Authority (CSAC EIA). The Sanitation District has participated in this program or its predecessor since 2003. Excess Workers' Compensation Program currently provides so-called "Statutory" (unlimited) coverage with a self-insured retention (SIR), or deductible, of$750,000. The use of Excess Workers' Compensation Insurance dates back to the late 1980's. At that time, the Fiscal Policy Committee approved an SIR, or deductible, of $250,OOO, for such coverage. Due to the hardening of the workers' compensation market, this deductible was raised to $500,000 beginning in FY 2002-03 through a policy with Employers Reinsurance Corporation (ERC) that provided coverage at the time of $25 million with a self-insured retention (SIR), or deductible of$500,000. Some additional risk may be associated with the CSAC EIA joint powers authority in that a premium surcharge can be assessed to individual members if an unusually large number of losses were to occur outside of the actuarial evaluation estimates. However, historically the CSAC EIA premiums for excess workers compensation have been so much less than competing quotes available to the Sanitation District that even if there were a surcharge, the cost might still continue to be cheaper. The renewal of the Excess Workers' Compensation Insurance for the period July 1, 2013 through June 30, 2014 was at a rate of .00307. This premium rate generated an estimated premium of approximately $198,000 based on the estimated 2013-14 payroll. Since the premium itself is based on final payroll, the Sanitation District will not know the exact final premium until the year is over. Page 2 of 4 ADDITIONAL INFORMATION (cont'd) 3) All-Risk Property and Flood Insurance The All-Risk Property and Flood Insurance Program (Property Insurance) provides for comprehensive coverage for most of the Sanitation District's real and personal property regarding virtually all perils including fire, flood, and business interruption. The Sanitation District previously carried earthquake insurance as part of its Property Insurance, but in the last few years earthquake insurance has been impossible to obtain or not cost-effective. Current Property Insurance limits are $1 billion for most perils other than flood and earthquakes, and $300 million for flood, with many sub-limits for various situations. In order to reach $1 billion in limits, the broker had to arrange for more than a dozen different insurers. The SIR is $250,000 per occurrence for most types of losses. Since the late 1990's, the Property Insurance has been with a nationwide joint purchase property insurance program called Public Entity Property Insurance Program (PEPIP), one of the world's largest property programs. It is important to note that this joint purchase property insurance program offers the purchasing power of numerous large public entities without the pooling or sharing of coverage or losses. The renewal of All-Risk Property and Flood Insurance for the period July 1, 2013 through June 30, 2014 was at a premium of$681,286. 4) Boiler& Machinery Insurance The Boiler & Machinery insurance program provides comprehensive coverage for loss caused by machinery breakdown and explosion of steam boilers or other covered process equipment, including damage to the equipment itself and damage to other property caused by covered accident. The current Boiler & Machinery insurance program provides coverage ($100 million per occurrence with deductibles ranging from $25,000 to $350,000) for losses caused by covered machinery breakdown (e.g., motors, steam turbines, digesters, co-gen engines). Damages to the equipment, as well as damages to other property and improvements caused by the machinery breakdown, are covered by the boiler & machinery insurance. This program augments the Sanitation District's all-risk property insurance that covers perils such as fire and flood. The renewal of the Boiler & Machinery Insurance Program for the period July 1, 2013 through June 30, 2014 was at $24,280. Page 3 of 4 CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS N/A Page 4 of 4 ADMINISTRATION COMMITTEE Neeting/ta Date T1.1 IDir. os/t4s/zs/ta AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jeff Reed, Director of Human Resources SUBJECT: TEMPORARY EMPLOYMENT SERVICES GENERAL MANAGER'S RECOMMENDATION A. Authorize the General Manager to enter into contracts for Temporary Employment Services (Specification No.CS-2009-421BD) for a one-year period (July 1, 2014 through June 30, 2015), for a total amount not to exceed $550,000 per year, with a 5% annual aggregate escalation factor, with four one-year renewal options; and B. Authorize the General Manager to add or delete such firms as necessary to meet work requirements as identified by the Human Resources Department. SUMMARY • Orange County Sanitation District's (OCSD) strategic staffing plan includes utilizing full-time and part-time regular employees, contract employees, and temporary employees. This report specifically focuses on temporary services employees who are utilized as a supplement to the regular workforce for accommodating workload demands and workflow fluctuations. • The key advantage associated with temporary staffing is flexibility, since temporary employees are used for adjusting staffing levels quickly and for a limited timeframe. Temporary services are utilized for filling approved budgeted positions due to illness, vacations, leaves of absence, and vacant open positions; in addition, temporary services are also used for approved special projects and budgeted capital improvement projects (CIP)that are non-engineering related. • In June 2004, the Board of Directors awarded contracts for Temporary Employment Services for a period of one year, renewable for a period of four years. The Board of Directors authorized staff to utilize a combination of several firms to supply temporary services to OCSD in order to provide staffing flexibility and to comply with the OCSD Purchasing Resolution. These contracts expired on June 30, 2009. Fiscal Year Amount 2014 —2015 $550,000 2013—2014 $400,000 2012 —2013 $450,000 Page 1 of 4 2011 -2012 $269,000 2010 —2011 $424,200 2009—2010 $760,020 2008 -2009 $1,700,000 2007-2008 $1,700,000 PRIOR COMMITTEE/BOARD ACTIONS • April 2013 — Board approved entering into contracts for Temporary Employment Services (Specification No. CS-2009-421BD) with temporary service firms for a total amount of $364,000 per year, for a one-year period (July 1, 2013 through June 30, 2014), with a one-year renewal option. A $36,000 increase had been added to the projected budget as a contingency fund for unplanned staffing needs that adversely impacted OCSD staffing resources. • May 2012 — Board approved entering into contracts for Temporary Employment Services (Specification No. CS-2009-421BD) with temporary service firms for a total amount of $405,000 per year, for a one-year period (July 1, 2012 through June 30, 2013), with a one-year renewal option. A $45,000 increase had been added to the projected budget as a contingency fund for unplanned staffing needs that adversely impacted OCSD staffing resources. • December 2011 — Board approved to increase the Temporary Employment Services (Specification No. CS-2009-4216D) funding of $150,000 by $119,000 with temporary service firms for a new total amount not to exceed $269,000 for the remainder of the fiscal year (through June 30, 2012). • June 2011 — Board approved entering into contracts for Temporary Employment Services (Specification No. CS-2009-421BD) with temporary service firms for a total amount of $126,000 per year, for a one-year period (July 1, 2011 through June 30, 2012), with a one-year renewal option. A $24,000 increase had been added to the projected budget as a contingency fund for unplanned staffing needs that adversely impacted OCSD staffing resources. • June 2009 - Board approved entering into contracts for Temporary Employment Services (Specification No. CS-2009-421BD) with temporary service firms for a total amount of $450,000 per year, for a one-year period (July 1, 2009 through June 30, 2010), with a one-year renewal option. A $50,000 increase had been added to the projected budget as a contingency fund for unplanned staffing needs that adversely impacted OCSD staffing resources. ADDITIONAL INFORMATION The proposed FY14/15 Operating budget for temporary services is $550,000 for unplanned staffing needs that adversely impact OCSD staffing resources such as Page 2 of 4 Leaves of Absences (LOA's), promotions, and separations of employment. The contingency fund is being requested based on prior committee actions mentioned above where staff had to request periodic increases for the use of temporary services for CIP projects. This was due to CIP projects being initiated and approved by the Board during the fiscal year; however, appropriate staffing was not pre-planned during the initial budget process. There are approximately 4 temporary employees currently assigned to OCSD working predominantly on general administrative support and Information Technology assignments. Information Technology utilizes temporary staffing to support streamlining and automating of processes throughout the agency so that budgeted headcount does not need to be increased; in addition, the appropriate technical specialists can be utilized to augment existing skill sets as needed and for a limited time. The Facilities Engineering and Maintenance divisions are utilizing temporary staffing while current full time staff is away due to disability leaves of absence. OCSD currently utilizes 10 temporary services agencies to provide temporary workers on an as-needed basis to accomplish OCSD work requirements. The agencies are listed below: 1. Aerotek Inc.: (General, Engineering, Laboratory) 2. AppleOne Employment Services: (General) 3. Material and Contract Services - Procurement Services Associates: (Contract Services) 4. On Assignment Staffing Services- Lab Support: (Laboratory) 5. TEG Staffing: (Human Resources) 6. TekSystems: (Technical) 7. Project Partners: (Technical) 8. Xvon Business Solutions: (Technical) 9. Robert Half, Inc. 10. Procurement Services Associates The cost of a temporary employee includes the temporary's hourly rate. A mark-up rate is the "payment" to the temporary agency to cover the benefits provided to the temporary worker and overhead costs of the temporary agency. The mark-up rates for the current temporary agencies utilized by OCSD range from 30% to 70%. OCSD anticipates utilizing additional technical agencies in the future to meet departmental needs; therefore, staff is requesting authorization to enter into similar temporary services agreements with other providers without having to return to the Board to approve each additional staffing agency. Human Resources staff interviews each temporary agency prior to entering into a contract for services to ensure administrative requirements are met for doing business with OCSD. Temporary agencies work with Purchasing to sign applicable forms and agree to the proper insurance and employment practices prior to entering into a contract with OCSD. The Page 3 of 4 contract includes specific information related to work hours, billing rates, invoicing and payment, confidentiality, etc. Award Date: 06./24/09 Contract Amount: $550.000/year Contingency: $27,500/year (5.0%) CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS The following attachment(s) are provided in hard copy and may also be viewed on-line at the OCSD website(www.ocsd.com) with the complete agenda package and attachments: Draft Temporary Services Agreement (6 Pages) Page 4 of 4 Return to Mende Report TEMPORARY SERVICES AGREEMENT THIS AGREEMENT is made and entered into, to be effective July 1, 2014 by and between ORANGE COUNTY SANITATION DISTRICT having a principal place of business at 10844 Ellis Avenue, Fountain Valley, California, 92708 (hereinafter referred to as "OCSD") and having a principal place of business at (hereinafter referred to as "Company"), collectively referred to as the"Parties". Company represents that it has expertise providing Support Staffing services ("Services"). Based on Company's expertise and experience, OCSD wishes to temporarily engage the Services of Company, and in consideration of the covenants and agreements set forth herein,the Parties agree as follows: 1. Engagement of Company a. OCSD hereby engages Company to provide Assigned Employees to perform Services and Company accepts the engagement, and agrees to provide the Assigned Employees to perform Services upon the terms and conditions set forth herein. OCSD agrees that it is responsible for managing the work and work product assigned to the Assigned Employees. Notwithstanding the foregoing, the Assigned Employees shall be employees of Company, and Company shall remain the legal employer of the Assigned Employees placed with OCSD for all purposes, including responsibility for (i) hiring, evaluating, rewarding, terminating or disciplining the Assigned Employees; (ii) paying all federal, state, and local labor and employment taxes; and (iii) calculation of wages, and unemployment and workers compensation insurance. b. The services provided by SERVICE PROVIDER under this Agreement shall not create an employer/employee relationship. c. SERVICE PROVIDER, all its employees, officers, independent contractors, and/or agents shall only be entitled to the compensation provided for in this Agreement and shall not be eligible to receive any other benefits from OCSD. d. Company shall be responsible for providing, at Company's expense, worker's compensation or other insurance as well as all licenses and permits usual or necessary for conducting the Services hereunder. Company shall be obligated to pay any and all applicable local, state and federal payroll and other taxes incurred as a result of fees hereunder. Company hereby indemnifies OCSD for any claims, losses, costs, fees, liabilities, damages or penalties suffered by OCSD arising out of Company's breach of this provision. 2. Assigned Employees a. Assigned Employees are defined as the person or persons employed by the Company and temporarily assigned to OCSD to perform temporary Services as described under this Agreement. b. Company shall be responsible for assigning employees as exempt or nonexempt per the Guidelines set by the Federal Government. Exempt employees will not be eligible for overtime nor will their pay be deducted for absences of less than one day. Temporary Services Agreement 1 of 7 Orange County Sanitation District Return to Mende Report c. OCSD reserves the right to require Assigned Employees to sign an acknowledgement as to their understanding that they are employees of the Company and not of OCSD and that they shall not be entitled to any benefits accorded to those individuals listed on OCSD'S payroll. 3. Work Hours Company shall provide Services to OCSD for up to five (5) days per week, eight (8) hours per day or a 9/80 schedule which is eight(8)—nine (9) hour days and one(1)- eight(8)hour day in a two week period at the discretion of OCSD. Additional hours above the forty (40) hours per week or eighty (80) hours in two weeks may be worked if prior written approval is obtained from OCSD. Assigned Employees shall work on site generally between OCSD'S business hours of 6:00 a.m.to 5:00 p. in,with one hour set aside each of these days as non-compensated personal time. Company agrees to act in good faith for the duration of the Agreement unless terminated sooner in accordance with the provisions of this Agreement. 4. Company's Representations In the performance of the Services under this Agreement, Company shall adhere to the highest fiduciary standards, ethical practices and standards of care and competence. Company agrees to comply with all applicable Federal, State and local laws and regulations. 5. Billing Rates a. At the time Company submits resumes to OCSD for consideration, Company shall be required to supply the billing rates of each of the candidates. Billing Rates shall be in accordance with the hourly rate billing range in Exhibit B. b. OCSD reserves the right to negotiate billing rates with Company. OCSD, at its sole discretion, shall be the determining party as to whether billing rates submitted are acceptable for any position required. c. Any changes in billing rates shall have the prior written approval of OCSD. OCSD, at its sole discretion, reserves the right to refuse any increases other than those mandated either by state or federal law. 6. Invoicing and Payment a. Company shall submit invoices to OCSD'S Accounts Payable Division on a monthly basis for Services performed. Company shall support each invoice with time sheets, approved by OCSD, for Services performed. Invoices shall include the Purchase Order Number and shall be submitted for approval to OCSD at the above-referenced address. After OCSD has approved the invoice, payment will be due within thirty (30) days of receipt of the invoice. b. OCSD shall have fifteen (15)days after the date of invoice receipt to contest in good faith the amounts and items charged. If uncontested amounts remain unpaid for thirty (30) days or more, Company may discontinue Services until such amounts are paid. c. Company acknowledges and understands that Company, all of its employees, officers, independent contractors, and/or agents shall only be entitled to payments for Services performed and shall not be entitled to any other benefits from OCSD. Temporary Services Agreement 2 of 7 Orange County Sanitation District Return to Mende Report 7. Agreement Period a. Services to be provided by Company under this Agreement shall commence on and run through b. OCSD reserves the right to renew this Agreement annually for up to four (4) additional years upon approval and written agreement of OCSD and Company. OCSD makes no obligation to extend or renew. All renewals may be exercised through the Amendment and Purchase Order process. 8. Billing Reports Company shall be required to submit a report each month to OCSD'S Human Resources Department that includes Assigned Employee(s)name(s), project number(s), bill rate(s), pay rate(s)and hours worked. 9. Expenses OCSD shall reimburse Company for reasonable out-of-pocket expenses incurred by Assigned Employees required and actually incurred in performing services, provided the Company and/or Assigned Employees have obtained OCSD's prior written approval and submits supporting documentation satisfactory to OCSD. If Assigned Employees are required to travel, they must first obtain Company and OCSD'S written consent. Time spent in local travel to and from home to OCSD'S plant sites shall not be considered time worked and shall not be compensated. 10. Audit Rights Company agrees that, during the term of this Agreement and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Company relating to the invoices submitted by Company pursuant to this Agreement. 11. Ownership of Intellectual Property a. Company agrees that all designs, plans, reports, specifications, drawings, schematics, prototypes, models, inventions, and all other information and items made during the course of this Agreement and arising from the Services (hereinafter referred to as "New Developments") shall be and are assigned to OCSD as its sole and exclusive property. Company agrees to promptly disclose to OCSD all such New Developments. Upon OCSD'S request, Company agrees to assist OCSD, at OCSD'S expense, to obtain patents or copyrights for such New Developments, including the disclosure of all pertinent information and data with respect thereto, the execution of all applications, specifications, assignments, and all other instruments and papers which OCSD shall deem necessary to apply for and to assign or convey to OCSD, its successors and assigns, the sole and exclusive right, title and interest in such New Developments. Company agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof with regard to New Developments and Confidential Information. b. Company warrants that Company has good title to any New Developments, and the right to assign New Developments to OCSD free of any proprietary rights of any other party or any other encumbrance whatever. 12. Confidentiality and Non-Disclosure Temporary Services Agreement 3 of 7 Orange County Sanitation District Return to Amends Report a. Company acknowledges that in performing the Services hereunder, OCSD may have to disclose to Company orally and in writing certain confidential information that OCSD considers proprietary and has developed at great expense and effort. As used herein, the term "Confidential Information" means any scientific or technical data, marketing, operating, financial, business or any other information, design, process, procedure, formula or improvement in written, printed, graphic, or electronically recorded materials, that is commercially valuable to OCSD and not generally known in the industry. Company further acknowledges that the Services and any deliverables may incorporate Confidential Information. Company agrees that all items of Confidential Information are proprietary to OCSD and shall remain the sole property of OCSD. b. Company agrees as follows: I. To use the Confidential Information only for the purposes described herein;to not reproduce the Confidential Information; to hold in confidence and protect the confidential Information from dissemination to and use by anyone not a party to this Agreement; and to not use the Confidential Information to benefit itself or others. ii. To restrict access to the Confidential Information to personnel of Company who (i) have a need to have such access and (ii) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement. III. To return all Confidential Information in Company's possession upon termination of this Agreement or upon OCSD'S request,whichever occurs first. iv. To hold in confidence information and materials, if any, developed pursuant to the Services hereunder. c. The provisions of this Paragraph shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential. 13. Insurance Company shall purchase and maintain, throughout the life of this Agreement, disability insurance as well as other insurance as defined in the Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "A"). Company shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OCSD. Failure to maintain required insurance coverage shall result in termination of this Agreement. 14. Indemnification To the fullest extent permitted by law, Company shall indemnify, defend, protect and hold harmless OCSD and all of OCSD's officials, officers, directors, employees, consultants, and agents (collectively the "Indemnified Parties"), from any and against any and all claims, damages, liabilities, causes of action, suit, arbitration award, losses, judgments, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys'fees, disbursements and court costs; individually, a "Claim", collectively, "Claims") which may arise from, result from, or are related to Company's negligence, recklessness, or willful misconduct in performing the Services, or any breach or failure of Company to perform its Services contained in this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A) the active negligence or willful misconduct of the Indemnified Parties;or (B) a natural disaster or other act of God, such as an earthquake. Exceptions (A)through (B)above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder." Temporary Services Agreement 4 of 7 Orange County Sanitation District Return to Mende Report 15. Smoking Smoking is only allowed in designated areas. Smoking is not allowed in any building, electrically classified area or process area where methane gas may be present. Lack of compliance with OCSD Smoking policy will be cause for removal of offending personnel from the site, termination of the Agreement,or both. 16. Warrantees There are no warranties, expressed or implied, except as expressly set forth herein. 17. Conflict of Interest Company affinns that to the best of its knowledge there exists no actual or potential conflict between Company's families, business or financial interest or its Services under this Agreement, and in the event of change in either its private interests or Services under this Agreement, it will raise with OCSD any question regarding possible conflict of interest which may arise as a result of such change. 16. No Solicitation of Employees No referral fee will be paid to Company for a referral which leads to the employment of the candidate with the OCSD if such employment commences more than ninety(90) days after the date stamp appearing on the candidate's resume submitted by or through Company, unless written extension has been given by OCSD'S Human Resources Department. 19. Termination a. OCSD reserves the right to terminate this Agreement, in whole or in part, without cause, at any time, by written notice to Company. Upon receipt of a termination notice, Company shall immediately discontinue all work under this Agreement(unless the notice directs otherwise). OCSD shall thereafter, within thirty(30) days, pay Company for work performed (cost and fee)to the date of termination. Company expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of the Agreement. Such notice of termination shall terminate this Agreement and release OCSD from any further fee, cost or claim hereunder by Company other than for work performed to the date of termination. b. OCSD reserves the right to end an assignment with Assigned Employee(s), without or without cause, at any time by notifying Company and Company shall replace the assigned employee if requested by OCSD. In terminating an assignment with one or more Assigned Employee(s), OCSD shall not discriminate on the basis of race, religion, national origin, gender or other unlawful basis. In the event such termination is effected, the Assigned Employee shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). c. OCSD may also immediately cancel for default of this Agreement in whole or in part by written notice to Company: I. if Company becomes insolvent or files a petition under the Bankruptcy Act; or it. if Company sells its business;or iii. if Company breaches any of the terms of this Agreement;or iv. if such breach is capable of cure and if the Company fails to cure the default within thirty(30)days. d. All OCSD property in the possession or control of Company shall be returned by Company to OCSD on demand, or at the termination of this Agreement, whichever Temporary Services Agreement 5 of 7 Orange County Sanitation District Return to Aaenda Report Occurs first. 20. Damage to OCSD's Property Any OCSD property damaged by Company will be subject to repair or replacement by Company at no cost to OCSD. 21. Drug-Free Workplace Company and all its employees and sub-consultants must adhere to the California Drug-Free Workplace Act, Sections 8350 through 8357. 22. Governing Law a. This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Agreement or the performance thereof. b. In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 23. Modifications This Agreement may not be modified, changed or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both Parties. 24. Assignment This Agreement and the rights, duties, and obligations hereunder may not be assigned by Company without the prior written consent of OCSD. 25. Partial Invalidity Any provision of this Agreement which is found to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions hereof. Temporary Services Agreement 6 of 7 Orange County Sanitation District Return to Aaenda Report 26. Nonexclusive Agreement This Agreement is not exclusive to Company. OCSD reserves the right to enter into similar or like agreements with other companies. 27, Entire Agreement This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. This Agreement is intended by the Parties as the final expression of their agreement and may not be contradicted by evidence of any prior or contemporaneous agreement. 28. Notices Any notice required to be given hereunder shall be deemed to have been given either when served personally, by facsimile, or when sent by first class mail addressed to the Parties at the addresses set forth in this Agreement: DISTRICT: Chris Yates, C.P.M., CPPB Senior Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 COMPANY: IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written above at Fountain Valley, California. ORANGE COUNTY SANITATION DISTRICT Dated: By: Contracts/Purchasing Supervisor Dated: By Print Name and Title IRS Employer's I.D. Number Temporary Services Agreement 7 of 7 Orange County Sanitation District ADMINISTRATION COMMITTEE NeetingDate To ad.ofDir. 05/14/14 -- AGENDA REPORT Item Number Item Number 4 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PURCHASES WITHIN THE GENERAL MANAGER'S AUTHORITY GENERAL MANAGER'S RECOMMENDATION Receive and file District purchases made under the General Manager's authority for the period of January 1, 2014 — March 31, 2014. SUMMARY As prescribed in the Orange County Sanitation District's Purchasing Ordinance, the General Manager has the authority to approve District purchases in an amount not to exceed $100,000. These purchases are accessible on the Directors' webpage for review. Additionally, staff has included a list of these purchases for the previous quarter in this report. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE N/A ATTACHMENT The following attachment(s) is provided in hard copy and may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: • Attachment A— General Manager approved purchases between $50,000 and $100,000. Page 1 of 2 Return to Mande Report Attachment A Vendor Name Amount Department Description/Discussion Immix Technology $75,015 Administrative Services EnCase eDiscovery,2250 Nodes Intratek Computer $60,000 Administrative Services On-Site On-Call Printer Services Thompson Industrial $55,000 Facility Support Services Blanket PO for Misc. Supply Supplies for Rebuild Shop Environmental Mitigation- RBF Consulting $93,607 Facility Support Services Carbon Canyon Dam Sewer line Project Sole Source#874 Project No. 2-41-7 PSA RBF Consulting $94,413 Engineering Santa Ana River Inceptor Inspection (SARI) & Mitigation Golden State FE11-01 Omngethorpe Constructors $54,000 Engineering Siphon Access Repairs Shimadzu Scientific Operations & Purge&Trap System for Instrument $90,612 Maintenance EPA Method 624 Purchase of licenses for Quayle Consulting $64,190 Administrative Services Pump Station SCADA Server Replacements Sole Source#901 Bed &Pull Rig Wenches Morgan Company $72,513 Facility Support Services Installation on F-650 Sole Source#927 Employee& Labor Liebert Cassidy Whitmore $58,125 Human Resources Relations Onsite Training RFP CY-81797 Page 2 of 2 ADMINISTRATION COMMITTEE Neeting/ta Date T1.1 IDir. os/tas/zs/ta AGENDA REPORT Item Number Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: ORDINANCE NO. OCSD-XX AMENDING SECTION 2.03 OF ARTICLE II OF ORDINANCE NO. OCSD-41 CONCERNING REBATES AND REFUNDS OF SANITARY SEWER SERVICE CHARGES. GENERAL MANAGER'S RECOMMENDATION A. Introduce Ordinance No. OCSD-XX, entitled "An Ordinance of the Board of Directors of the Orange County Sanitation District amending Section 2.03 of Article II of Ordinance No. OCSD-41 concerning rebates and refunds of Sanitary Sewer Service Charges."; and B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of said entire Ordinance on May 28, 2014; and C. Set June 25, 2014 as the date for the second reading and adoption of Ordinance No. OCSD-XX; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. SUMMARY Ordinance No. OCSD-41 establishes the District's Sanitary Sewer Service Charges. Section 2.03 of Ordinance No. OCSD41 establishes exemptions to the charges and provides procedures for District customers to request adjustments to the charges applicable to their properties in the form of rebates. Ordinance No. OCSD-41 further provides procedures for seeking refunds for amounts incorrectly paid or charged. Proposed Ordinance No. OCSD-XX restates Section 2.03 and adds definitions to more clearly define the difference between rebates and refunds, and to shorten the limitations period pertaining to rebates. PRIOR COMMITTEE/BOARD ACTIONS March 2013—Adoption of Ordinance No. OCSD-41 Page 1 of 2 ADDITIONAL INFORMATION Proposed Ordinance No. OCSD-XX revises Section 2.03 of Ordinance No. OCSD41 as follows: • It defines "Rebates" as the difference between the original service charge paid by a property owner and the recalculated service charge for the property based on water use. The District's service rates for different property uses are based on the average water use of the properties, which directly correlates to sewer use on the properties. For example, vacant properties pay 0% of the established rate; Golf courses pay 41% of the established rate per thousand square feet of improvements; and coin operated car washes pay 151% of the established rate per thousand square feet of improvements. The property uses classifications are based on the property use codes provided by the County Assessor or by site inspections performed by staff. If the property owner can prove that the actual water usage on the property does not have a direct correlation to its sewer usage, the property owner may apply for a rebate, which will allow the District to adjust the charges assessed to it. • It defines "Refunds" as the difference between the original service charge paid by a property owner and the corrected service charge when the original charge was billed erroneously. Refunds are different from "rebates" because they do not take into account actual water consumption. Refunds are simply requests for reimbursement of erroneously paid charges due to incorrect billing information. • It shortens the period for requesting rebates from four years to two years from the date that the roll is submitted to the County Auditor/Controller. This effectively limits rebates to the current fiscal year and one fiscal year back. Rebates are subject to the California Tort Claims Act, which authorizes the District to limit the time within which to submit a claim for a rebate to one year. • It provides that rebates or additional adjustments to service charges are not available when a rebate or adjustment has already been granted in a prior fiscal year. • It clarifies that a "year" is a fiscal year consistent with the established annual charges and the District's fiscal year, commencing on July 1. • Claims for refunds will continue to be limited to four years because this period is governed by other State statutes that establish four years as the limitations period for seeking refunds. The revisions to Section 2.03 of Ordinance No. OCSD-41 are shown in redlines in the attached proposed Ordinance No. OCSD-XX. Page 2 of 2 CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE Ordinance No. OCSD-XX is expected to reduce rebate requests to the District thereby saving processing costs. ATTACHMENT The following attachment(a) maybe viewed on-line at the OCSD website (Mm w.ocsd.com) with the complete agenda package: • Draft Ordinance No. OCSD-XX • Ordinance No. OCSD41 Page 3 of 2 Return to Mende Report ORDINANCE NO. OCSD-XX AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT AMENDING SECTION 2.03 OF ARTICLE II OF ORDINANCE NO. OCSD-41 CONCERNING REBATES AND REFUNDS OF SANITARY SEWER SERVICE CHARGES. WHEREAS, the Board of Directors adopted Ordinance No. OCSD-41 on March 27, 2013, establishing revised sewer service charges; and WHEREAS, the Board of Directors wishes to revise Section 2.03 of Article II of Ordinance No. OCSD-41 to more clearly define the difference between rebates and refunds, and adjust the limitations period pertaining to rebates. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section 1. Section 2.03 of Article II of Ordinance No. OCSD-41 is hereby amended as follows: 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 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 2.03B and 2.03C below, provided an inequity is established or a billing error is proven, as specified in Subparagraphs 2.03B or 2.03C. B. Application for Rebate. (1) A "rebate" is the difference between the original service charge paid by a property owner and the recalculated service charge for the property based on water use as provided herein. (2) Any property owner, or legally recognized authorized representative of the property owner, may apply to the District for a rebate of 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/her 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: OCSD-XX-1 Return to Mende Report (a) The principal water use is agricultural or horticultural; or (b) 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. (3) 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. (4) 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. (5) Once a rebate or adjustment to a service charge is granted, additional rebates or adjustments will not be granted in the same year unless the property was vacant for the entire year. C. Application for Refund. (1) A "refund" is the difference between the original service charge paid by a property owner and the corrected service charge when the original charge was billed erroneously. (2) Any property owner (as used herein, includes any person who paid the sewer service charges), or legally recognized authorized representative of the property owner, may apply to the District for a refund of 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/her 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: (a) The owner's parcel of property is not connected to the District's system; or (b) The property has not been classified in the proper property use classification code; or (c) A clerical error has been made. OCSD-XX-2 Return to Mende Report D. Limitations Period. (1) Applications for rebates shall be deemed a claim and be governed by the provisions of California Government Code Sections 935 et seq., and shall be presented to the District as provided in the Government Tort Claims Act, Government Code Sections 915 at seq., not later than two (2) years after the submission of the roll to the County Auditor/Controller, and the claim for rebate may only be made with respect to amounts paid or payable under such property tax bill. A claim for rebate is not deemed a claim for refund, and California Revenue & Taxation Code Sections 5096 and 5097 are not applicable. (2) Applications for refunds shall be deemed to be governed by the provisions of California Revenue &Taxation Code Sections 5096 and 5097. (3) Consistent with Section 2.04, a "year" for purposes of this Section 2.03 commences on July 1 for all annual Sewer Service Charges, based on the District's fiscal year. E. Determination. All applications for rebates or refunds of the Sewer Service Charge will be determined by the General Manager of the District, or his/her 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. Severability. 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 3. Certification and Publication. The Clerk 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 within 15 days as required by law. Section 4: This Ordinance shall be effective sixty (60) days after adoption. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Orange County Sanitation District held on , 2014. OCSD-XX-3 Return to Mende Report Chair of the Board of Directors Orange County Sanitation District ATTEST: Clerk of the Board Orange County Sanitation District Bradley R. Hogin, General Counsel Orange County Sanitation District OCSD-XX-4 ORDINANCE NO. 00SD-41 Return to Mende Rom AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT AMENDING AND RESTATING ORDINANCE NO. OCSD-35 CONCERNING SANITARY SEWER SERVICE CHARGES AND REPEALING ORDINANCE NO. OCSD-35. ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES AND REVISED TABLE B PROPERTY USE CLASSIFICATIONS WHEREAS, 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 at 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; and WHEREAS, 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 ("District"), came into existence in place of the Predecessor Districts. The District was formed to carry on the functions of the Predecessor Districts; and WHEREAS, The District, 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 20-year Master Plan of Capital Facilities, entitled "1999 Strategic Plan" ("Master Plan"). WHEREAS, The Master Plan, setting forth and identifying the required future development of District Facilities, including financial projections for providing sewer service to all properties within the District's service area, was approved and adopted by the Board of Directors on October 27, 1999 by OCSD Resolution No. 99-21, with updates adopted in 2002 and 2006, following a noticed public hearing, and in compliance with the provisions of the California Constitution and all other applicable laws; and WHEREAS, The Board of Directors approved the Capital Improvement Program ("CIP") Validation Study for Fiscal year 2003-04 and the Secondary Treatment Peer Review, which resulted in the development of a Capital WS&5—6RH:pj:201660A420/05 1 OCSD-ADB 4/25/07 910662.1 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; and WHEREAS, pursuant to Health and Safety Code section 5471, the Board of Directors is authorized to prescribe, revise and collect fees, tolls, rates, rentals or other charges for services and facilities furnished by the District in connection with its sewerage system; and WHEREAS, on February 27, 2008, the Board of Directors of the District adopted Ordinance No. OCSD-35, establishing annual Sanitary Sewer Service Charges; and WHEREAS, on January 23, 2013, the Board of Directors was presented with and has reviewed the District's Wastewater Revenue and Rate Study dated January 2013 prepared by Carollo Engineers, on file with the District, which independently found that the proposed increases in the regional sewer service charges were reasonable based on an evaluation of the District's revenue needs, projected reserve balances and user rate structure; and WHEREAS, for purposes of ensuring that the District has sufficient revenues and reserves to meet the District's obligations and operations, it is the intent, by the adoption of this Ordinance, to establish annual regional sewer service charges; and WHEREAS, Section 21080(b)(8) of the Public Resources Code states that "the establishment, modification, structuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of (A) meeting operating expenses, including employee wage rates and fringe benefits, (B) purchasing or leasing supplies, equipment, or materials, (C) meeting financial reserve needs and requirements, (D) obtaining funds for capital projects necessary to maintain service within existing service areas, or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter" is not subject to CEQA; and WHEREAS, Section 15273(a) of the California Code of Regulations states that "CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of: (1) Meeting operating expenses, including employee wage rates and fringe benefits, (2) Purchasing or leasing supplies equipment, or materials, (3) Meeting financial reserve needs and requirements, (4) Obtaining funds for capital projects, necessary to maintain service within existing service areas, or (5) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter"; and WS&5-6RH:pj:201W0:0920/05 2 OCSD-ADB 4/25/07 910662.1 WHEREAS, pursuant to Article XIIID, section 6, of the California Constitution, Notice of the Public Hearing regarding the proposed regional sewer service charges, which included the date, time, and location of the public hearing, as well as the charges, fees, and rates proposed for imposition, was mailed no less than 45 days prior to the public hearing by the District to the record owner of each identified parcel upon which the charge is proposed for imposition; and WHEREAS, pursuant to Health and Safety Code sections 4766 and 5473, the Board of Directors is authorized to elect to have the proposed regional sewer service charges collected on the 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; and WHEREAS, pursuant to Health and Safety Code section 5473.1, on March 11, 2013, and again on March 18, 2013, Notice of the Public Hearing regarding the proposed regional sewer services charges and the election to have such charges collected on the tax role, which included the date, time and location of the hearing, was published in The Orange County Register, a newspaper of general circulation within the District published in the county where the District is located; and WHEREAS, on Wednesday, March 27, 2013 at 6:30 P.M., in the District's Boardroom on the first floor of its Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, the District held a properly noticed public hearing in order to receive and consider comments, including objections, concerning the proposed regional sewer service charges and the election to have such charges collected on the tax roll; and WHEREAS, the Board of Directors has carefully reviewed the Wastewater Revenue and Rate Study dated January 2013, and has considered the public and Board comments, and the oral and written presentation by the District's staff and consultants made at the March 27, 2013 public hearing, as well as any written public comments. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section I. Adopt Regional Sewer Service Charges TABLE OF CONTENTS ARTICLE I: FINDINGS Section 1.01 Findings ARTICLE II: SEWER SERVICE CHARGES Section 2.01. Purpose and Scope Section 2.02. Annual Sewer Service Charge Section 2.03. WS&5-6RH:py201W0:N20/05 3 OCSD-ADB 4/25/07 910662.1 A. Exemptions Return to Mende Report 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 Section 2.07. Open-Air Facilities Table A Annual Sewer Service Charges for Residential Users Table B Annual Sewer Service Charges Property Use Classifications ARTICLE III: MISCELLANEOUS Section 3.01. Application of Ordinance Section 3.02. Exceptions Section 3.03. Out of Area Sewer Service Agreements ARTICLE I FINDINGS Section 1.01. Findings. Based upon substantial evidence presented to the Board of Directors, the Board of Directors of District hereby adopts the following Findings supporting the amounts of charges and fees adopted pursuant to this Ordinance. The Board of Directors hereby finds: A. That the regional sewer service charges and the annual adjustments to the regional sewer service charges (collectively referred hereafter as the "Sewer Service Charges") as established herein 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. B. 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, together with costs of administration and provisions for necessary reserves. C. That the financial requirements of the District, as shown in reports prepared by Staff and Consultants relating to the Master Plan and the Capital Improvement Plan, are based on current, reliable information, and further, that data relating to population projections, wastewater flow, and capital facilities' needs are expected to be realized in each year as described in the reports. WS&5—BRH:py201660:N120/05 4 OCSD-ADB 4/25/07 910662.1 ReW m to Aaenda RepoH D. 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. E. 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. F. That the Sewer Service Charges established by this Ordinance are reasonably related to, and do not exceed the cost of providing sewer services, and shall herein be levied on each parcel to allow the District to recover the reasonable costs to provide a service to individual properties which have been improved for different types of uses. G. That the basis for the respective charge is not based on potential or future use, but rather, is based upon 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 for actual use, consumption, and disposal of water to the District's system in lieu of disposal by other means. H. That the revenues derived from the Sewer Service Charges shall not be used for any purpose other than that for which the charge is imposed. I. That the 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 proportional 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 MID. J. That the Sewer Service Charges adopted herein are established upon a reasonable 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. K. That the Sewer Service Charges adopted herein will not result in an expansion of facilities to provide for growth within outside the existing service area. The adoption of these Sewer Service Charges will not result in any specific project, nor result in a direct physical change in the environment. L. That the Board of Directors is adopting the Sewer Service Charges herein to (i) meet operating expenses, (ii) purchase or lease supplies, equipment, or materials, (iii) meet financial reserve needs and requirements, and (iv) obtain funds for capital projects necessary to maintain service within existing service areas. Therefore, the Board finds and determines, based upon substantial evidence, that the establishment of the Sewer Service Charges are WS&S—BRH:pj:201660:04/20/05 5 OCSD-ADB 4/25/07 910662.1 Retum to Aaenda Report statutorily exempt from CEQA, pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273(a) of the California Code of Regulations. M. 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. ARTICLE II SEWER SERVICE CHARGES Section 2.01. Purpose and Scope. The purpose of this Ordinance is to establish 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 (i) the acquisition, construction, reconstruction, maintenance, and operation of the wastewater collection, treatment and disposal facilities of the District, (ii) to repay principal and interest on debt instruments, or (iii) 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 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 owners predecessor-in-interest, is connected to the District's sewerage system, shall pay an annual 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, and incorporated by reference herein. The annual Sewer Service Charges for residential users are set forth in Table A. The applicable single family residential rate shown in Table A is multiplied by the applicable percentage figure shown on Table B with respect to the particular use classification to arrive at the annual Sewer Service Charge rate per 1,000 square feet or per unit. The annual Sewer Service Charges are dependent upon the respective classifications of property use, determined by reference to Table B. 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 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 2.03B and 2.03C below, provided an inequity is established or a billing error is proven, as specified in Subparagraphs 2.03B or 2.03C. B. Application for Rebate. Any property owner, or legally recognized authorized representative of the property owner, may apply to the District for a rebate of Sewer Service Charges paid to the District by establishing that an unfair valuation of the property has been made by the WS&S—BRH:py201660:N20/05 6 OCSD-ADB 4/25/07 910662.1 Return b Aaenda Rewd District. An applicant for a rebate must establish, by proof satisfactory to the General Manager of the District, or his/her 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. Aoolication for Refund. Any property owner (as used herein, includes any person who paid the sewer service charges), or legally recognized authorized representative of the property owner, may apply to the District for a refund of 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/her 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: (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 property use classification code; or (3) A clerical error has been made. D. Limitations Period. Applications for refunds shall be deemed to be governed by the provisions of California Revenue & Taxation Code Sections 5096 and 5097. Applications for rebates shall be deemed a claim and be governed by the provisions of California Government Code Sections 935 et seq., and shall be presented to the District as provided in the Government Tort Claims Act, Government Code Sections 915 at seq., not later than four (4) years after the submission of the roll to the County Auditor/Controller, and the claim for rebate may only be made with respect to amounts paid or payable under such property tax bill. A claim for rebate is not deemed a claim for refund, and California Revenue & Taxation Code Sections 5096 and 5097 are not applicable. WS&S—BRH:pj:201660:04120/05 7 OCSD-ADB 4/25/07 910662.1 Return b Auenda Report E. Determination. All applications for rebates or refunds of the Sewer Service Charge will be determined by the General Manager of the District, or his/her 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 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 Sections 4766 and 5473, and except as otherwise provided in Subparagraph 2.0513 below, all 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 (or person who paid the tax) has underpaid annual 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-40, as amended, in an amount equal to the annual Sewer Service Charge established by Section 2.02 of this Ordinance. WS&S—BRH:pj:201660:N20/05 8 OCSD ADB 4/25/07 910662.1 Retum to Agenda ReooN Section 2.07 Open-Air Facilities. Sewer Service Charges for open- air facilities will be based on annual attendance records. Open-Air facilities will pay a rate per million gallons based upon the related sewage flow, Biochemical Oxygen Demand ("BOD") and Suspended Solids ("SS") charge for single family residences. The usage per attendee will be 15 gallons. WS&S—6RH:pj:201W0:09120/05 g OCSD-ADB 4/25/07 910662.1 Return to Mende Report TABLE A ANNUAL SEWER SERVICE CHARGES RESIDENTIAL USERS FISCAL YEAR 2013-14 2014-15 2015-16 2016-17 2017-18 SFR* $308.00 $316.00 $323.00 $331.00 $339.00 MFR $215.60 $221.20 $226.10 $231.70 $237.30 SFR = SINGLE FAMILY RESIDENTIAL MFR = MULTI FAMILY RESIDENTIAL * The SFR fee is the minimum sewer service charge any user must pay. All properties located within Revenue Area No. 14 pay no annual sewer service charges. District costs relating to providing service to these properties are billed by the District directly to the Irvine Ranch Water District, the local agency providing the local sewer service. WS&S—6RH:pj:201 WO:09/20/05 10 OCSD-ADB 4/25/07 910662.1 Return to Mende Report TABLE B ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS Percentage of SFR Assessor Use Code Description Per 1.000 SF or Unit 1 Vacant Land Parcel 0% 5 Common Area Parcel 0% 6 "Hold" Parcel 0% 8 Equivalent to Vacant 0% 121 Parcel of Minimal or No Value 0% 122 Subsurface Parcels 0% 124 Oil/Mineral Rights 0% 125 Mineral Rights Equipment 0% 126 Vacant Comm. Area-IMP Alloc. 0% 201 Homeowners Exemption Addl. 0% 666 Unassigned Vacant 0% 777 Septic Tank Property 0% 112 Steel Building 7% 113 Mini-Warehouse 7% 58 Nurseries (Plants) 10% 100 Drive-In Theater 10% 44 Lumber/Constr. Material Yard 17% 71 Parking Garage 17% 72 Paved Parking Lot 17% 110 Warehouse—Single Tenant 17% 111 Warehouse—Multi Tenant 17% 115 Recreational Vehicle Storage 17% 116 Truck Terminal 17% 33 Church Buildings 20% 94 Department Store 23% 95 Discount Store 23% 96 Unattached Single Store 23% 97 Strip Store 23% 74 Recreational Vehicle Park 27% 36 Financial Buildings 27% 40 Health Club 29% 68 High Rise Office 30% 225 United States Post Office 35% 21 Automobile Dealership 41% 22 Auto Repair Shop 41% 23 Automotive Service 41% 24 Used Car Lot 41% 39 Golf Course 41% 57 Motorcycle/Small Vehicle Building 41% 83 Automotive Service Station 41% WS&5—6RH:pj:201 W0:09120/05 11 OCSD-ADB 4/25/07 910662.1 TABLE B (CONTINUED) Return to Mende ReooH ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS Percentage of SFR Assessor Use Code Description Per 1,000 SF or Unit 84 Marine Service Station 41% 86 Combin:Service Station/Convenience 41% 65 Single Office Bldgs. to 3 Stories 41% 66 Small Office Center 41% 67 Office Complex 41% 69 Converted Residence to Office 41% 7 Mobile Home 50% 55 Mobile Home Park 50% 107 Light Industrial— Single Tenant 50% 108 Light Industrial—Multi Tenant 50% 109 Research and Development 50% 114 Industrial Park 50% 37 Fraternal Buildings 51% 101 Unattached Theater 51% 26 Airport and Related Buildings 53% 45 Marinas 53% 88 Low Flow Center 53% 3 Two or More Residences 70% 10 Duplex Only 70% 11 Triplex Only 70% 12 04-Units Only 70% 13 5 to 16 Units 70% 14 17 to 25 Units 70% 15 26 to 40 Units Only 70% 16 41-99 Units Only 70% 17 100 or More Units 70% 18 Developed with a Mix of Forms 70% 63 Low Rise Retirement Building 70% 64 High Rise Retirement Building 70% 56 Low Demand Hotel/Motel 70% 81 Pre-Schools, Nursery or Care 82% 82 Private Schools 82% 98 Store with Offices or Living Quarter 82% 99 Store with Office Upstairs 82% 118 Governmental Use Vacant/Develop. 82% 19 SFR with 1 or 2 rental units 85% 34 Dormitory 97% 42 Hospital 97% 43 High Demand Hotel/Motel 97% 0 Conversion-C/1, Rural PC 100% 2 One Residence 100% WS&5—6RH:pj:201 W0:0920/05 12 OCSD-ADB 4/25/07 910662.1 Return to Aaentle Report TABLE B (CONTINUED) ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS Percentage of SFR Assessor Use Code Description Per 1,000 SF or Unit 4 Miscellaneous Improvement 100% 85 Comb. Sew. Stn./Restaurant 100% 103 Chemical Tank and Bulk Storage 100% 104 Food Processing Plant 100% 105 Cold Storage Plant 100% 106 Factory 100% 119 Public Utility 100% 120 Water Mutual or Company 100% 888 Conversion-Composite Prop. 100% 32 Cemetery& Related Buildings 101% 38 Funeral Home 101% 60 Nursing Home 102% 61 Convalescent Hospitals 102% 62 Converted Res. Used as Nursing 102% 28 Bowling Alleys 112% 92 Skating Rinks 112% 50 Single Medical Bldgs. to 3 Stories 124% 51 Small Medical Center 124% 52 Medical Center Complex 124% 53 High Rise Medical 124% 54 Converted Residence to Medical 124% 89 Average Flow Center 139% 20 Amusement Parks 144% 35 Entertainment Center 144% 73 Recreation 144% 30 Coin Operated Car Wash 151% 47 Supermarket 151% 48 Convenience Market 151% 224 Nightclub 200% 90 High Flow Center 226% 76 Restaurant—Low Demand 300% 77 Restaurant—Coffee Shop 600% 78 Restaurant—Dinner House 600% 79 Restaurant—Conversion from SF 600% 29 Conventional Car Wash 796% 223 Laundromat 1,800% 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. WS&S—6RH:pj:201660:04120/05 13 OCSD-ADB 4/25/07 910662.1 Return to Mende Report ARTICLE III MISCELLANEOUS Section 3.01. Application of Ordinance. The provisions of this Ordinance shall be in addition to (i) the provisions of the District's Wastewater Discharge Regulations for use of District's sewage facilities, including provisions for payment of charges or fees related thereto; (ii) District's ordinance establishing Fees Concerning Annexations of Territory to the District; (Ill) District's ordinance establishing Local Sewer Service Fees, where applicable, and (iii) any other District Ordinances and Resolutions not in conflict herewith. Section 3.02. 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. Section 3.03 Out of Area Sewer Service Agreements. Pursuant to Health and Safety Code Section 4742.1, the District is empowered to contract for the handling, treatment or disposal by the district of sewage or industrial wastes originating within the district or county or within areas outside of the district or county when, in the judgment of the District Board, it is for the best interest of the district to do so. In exercise of such power, the District may, from time to time, enter into Out-of-Area Sewer Service Agreements. These Out-of-Area Sewer Service Agreements will establish fees and charges relative to the services provided by the District for each individual agreement. 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 III. Effective Date. This Ordinance shall take effect July 1, 2013. Section IV. Repeal. Ordinance No. OCSD-35 is repealed in its entirety effective June 30, 2013. Section V. Certification and Publication. The Clerk 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 within 15 days as required by law. WS&5—6RH:pj:201 W0:09/20/05 14 OCSD-ADB 4/25/07 910662.1 Rehm to A,,Ma Reood 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 on March 27, 2013. TROY E15GAI CHAIR, BOA OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT ATTEST: G �1 MARIA IE. AYALA CLERK OF THE BOARD ORANGE COUNTY SANITATION DISTRICT APPROVED AS TO FORM: 9- BRADLEY R. FrOGIN, GEN COUNSEL wsas-BRH:pj:201 660:0420ro5 15 OCSD-AUB 4125/07 91066E Return to Agenda Reporl STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, MARIA E. AYALA, Clerk of the Board of the Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-41 was passed and adopted at a regular meeting of said Board on the 271" day of March, 2013, by the following vote, to wit: AYES: Troy Edgar, Chair; John Anderson; Tom Beamish; David Benavidez; Keith Curry; Jim Ferryman; Steve Jones; Lucille Kring; Michael Levitt, Brett Murdock; John Nielsen; Brad Reese; Joe Shaw; David Shawver; Fred Smith, Teresa Smith, Constance Underhill (Alternate); and John Withers. NOES: Steven Choi; Tyler Diep; Peter Kim, Mark McCurdy (Alternate); Prakash Narain; Janet Nguyen; and Greg Sebourn. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand this 271" day of March, 2013. Maria It. Ayala Clerk of the Board Orange County Sanitation District Return to Agenda Report RESOLUTION NO. OCSD 13-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT DIRECTING THE COUNTY TAX COLLECTOR-TREASURER TO INCLUDE REGIONAL SANITARY SEWER SERVICE CHARGES ON THE TAX ROLL FOR FISCAL YEARS 2013-2014 THROUGH 2O17-2018. The Board of Directors of the Orange County Sanitation District("District") does hereby find: A. On March 27, 2013, the Board of Directors adopted Ordinance No. OCSD-41,An Ordinance of the Board of Directors of Orange County Sanitation District Amending and Restating Ordnance No. OCSD-35 Concerning Sanitary Sewer Service Charges and Repealing Ordinance No. OCSD-35; Adopting Revised Table A RE Residential User Fees and Revised Table B Property Use Classifications. B. By adoption of Ordinance No. OCSD41, the Board of Directors elected to adopt, impose, and collect rates and charges for regional sanitary sewer services provided by the District and correspondingly established procedures related thereto. C. California Health & Safety Code section 5473 provides that such charges, as adopted by District Ordinance No. OCSD-41, may 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 separate from, Its general taxes. D. The charges established by Ordinance No. OCSD-41 reflect an allocation of the costs of operation and maintenance, such that the charges do not exceed the estimated reasonable costs to provide the wastewater collection, treatment, and disposal services and facilities, and the revenues received are not used for any other purpose. E. Pursuant to California Constitution Article XIIID (Proposition 218), sanitary sewer service charges constitute charges for property-related services. The sanitary sewer service charges set by Ordinance No. OCSD-41 comply with the provisions of Article XIIID, in that they do not exceed the cost to the District to provide the service and facilities. F. The District provided notice as required by Health and Safety Code section 5473.1, and held a public hearing on March 27, 2013, at which time the Board received and considered all comments and protests related to the collection of the fees on the tax roll. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: 916112.1 1 Return to Agenda Report Section 1: That the rates and charges set forth in Ordinance No. OCSD41 are affirmed herein by the Board of Directors, as consistent with the findings hereinabove stated, for Fiscal Years 2013-2014 through 2017-2018, in the following amounts: Annual Sanitary Sewer Service User Fees Residential Users FISCAL YEAR 2013-14 2014-15 2015-16 2016-17 2017-18 SFR $308.00 $316.00 $323.00 $331.00 $339.00 MFR $215.60 $221.20 $226.10 $231.70 $237.30 SFR = Single Family Residential MFR = Multi-Family Residential All properties located within Revenue Area 14 pay no annual sewer service charges. 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. Section : That pursuant to California Health & Safety Code Section 5473, the Board hereby elects and directs the County Tax Collector-Treasurer to include regional sanitary sewer service charges, as adopted by Ordinance No. OCSD41, on the tax roll, in the same manner, by the same persons and at the same time as, together with, and not separately from, the general taxes; and that such regional sanitary sewer service charges be included in the annual property tax bills for Fiscal Years 2013-2014 through 2017-2018. Section 3: That pursuant to California Health & Safety Code Section 5473, this Resolution shall remain in full force and effect until amended or repealed, or until such time as the rates of sanitary sewer service charges, as established by Ordinance No. OCSD41, are changed by increasing the annual rate. Section 4: That the General Manager, or his designee, be, and is hereby authorized and directed, to execute any necessary documents or agreements to effect the order set forth in Section 2 herein. Section 5: That the provisions of any Resolution(s) previously adopted by the Orange County Sanitation District that are in direct conflict with the provisions of this Resolution No. 13-05 are hereby superseded. Section . That the General Manager, or his designee, is hereby authorized to forward a copy of this Resolution to the Orange County Tax Collector-Treasurer. 916112.1 2 Return to Mende Report PASSED AND ADOPTED at a regular meeting held March 27, 2013. l Troy Edgar Chair, Orange Cou t Sanitation District ATTEST: Maria At ala Clerk of the Board 916112.1 3 ADMINISTRATION COMMITTEE Needng Dare To ad.of Dir. 05/14/14 -- AGENDA REPORT Item Number Item Numbs 6 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jeff Reed, Director of Human Resources SUBJECT: FY 2014-15 BENEFITS PROGRAM RENEWAL COSTS GENERAL MANAGER'S RECOMMENDATION Information Only. SUMMARY The total cost of insurance coverage will increase by 4.5% or $482,067 for the next fiscal year (FY 2014-15). The total cost for FY 2014-15 is $11,103,619, which is proportionally shared as follows: • OCSD cost: $9,002,108 • Employee cost: $2,101,511 PRIOR COMMITTEE/BOARD ACTIONS April 2013 — An information item was presented to the Administration Committee regarding FY 2013-14 benefits program renewal costs. ADDITIONAL INFORMATION Premium changes for FY 2014-15 are as follows: Insurance Provider % Comments Medical Anthem Blue Cross 5.0 HMO and PPO, all employee groups Medical Kaiser Permanents 5.7 HMO, all employee groups Dental Delta Dental -1.0 All employee groups Vision Anthem Blue View 3.0 Rate guarantee through 7/1/15 EAP ComPsych 0.0 Rate guarantee through 7/1115 Life/AD&D Prudential -8.5 Rate guarantee through 7/1115 Short-Term Disability Prudential 21.2 Rate guarantee through 7/1/15 Long-Term Disability Prudential 0.0 Rate guarantee through 7/1115 Page t of 2 Historical Summary: Rate Change % A FY FY FY FY FY FY Carrier/ Covers a 14115* 13/14* 12113 11/12 10/11 09110 Medical: Anthem Blue Cross PPO/POS 4.9% 0.0% 1.0% 10.3% 1.8% 2.5% Medical: Anthem Blue Cross HMO 5.0% 0.0% 1.0% 9.5% 12.8% 7.4% Medical: Kaiser Permanente HMO 5.7% 0.2% 5.6% 0.8% 13.6% 3.6% Dental -1.0% -3.9% -1.8% 9.2% 14.8% 0.0% Vision 3.0% 0.0% 0.0% 0.0% -18.7% 0.0% EAP 0.0% 0.0% 0.0% 0.0% 0.0% -21.2% Life/AD&D -8.5% 0.0% 5.3% 0.0% 0.0% -2.6% 21.2% 0.0% 9.6% 0.0% 0.0% -5 mDit .4% 0.0% 1 0.0% 1 3.0% 1 0.0% 1 0.0% 1 -9.6% *Change%for FY 14115 is based on projected enrollments for the proposed policy year. Actual change%may vary. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A JDH:JR:LK Page 2 of 2 ADMINISTRATION COMMITTEE Meebng Dare To ad.of Dir. 05/14/14 -- AGENDA REPORT Rem Number Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: POST MARCH 28, 2014 EARTHQUAKE ACTIVITIES GENERAL MANAGER'S RECOMMENDATION Information Only. SUMMARY On March 28, a 5.1 magnitude earthquake centered in the La Habra area occurred with several smaller pre and aftershocks. Preliminary damage assessments conducted by Collections and Operations staff soon following the event did not reveal the presence any damage or operational disruptions, which ultimately did not warrant activation of the Integrated Emergency Response Plan (IERP). As with any incident, this event allowed for further refining of post-earthquake procedures. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Integrated Emergency Response Plan (IERP) The Integrated Emergency Response Plan (IERP) is based on a realistic identification and assessment of hazards with which we may be confronted and using our resources and capabilities to deal effectively with these hazards. The IERP contains policies, plans, and procedures for preparing for and responding to emergencies. OCSD's emergency response organization, called the Incident Command System (ICS), will be activated when an emergency condition cannot be effectively responded to using the normal operating organization. The IERP reflects OCSD's commitment to ensuring the safety and health of employees, the community, and the environment. In addition, the IERP was developed to ensure that we meet the legal and regulatory requirements to be prepared for and respond to a variety of emergencies. Page 1 of 3 The IERP is based on the following principles: • Ensure the safety of personnel, the public, and equipment and systems. • Keep water flowing into and out of the plant so that it does not flood the streets. • Comply with regulatory requirements. The goals of the IERP are to: • Protect human life • Protect the environment • Prevent or reduce property damage • Restore normal operations When emergencies exceed our capabilities, assistance from local resources (agencies and vendors) will be requested through prearranged agreements, contracts, and working relationships. When local resources are exhausted, assistance will be requested in accordance with the Operational Area Agreement. Earthquake Response Collections Inspection Activities • A Collections Operations and Maintenance team completed their inspection of the District's Miller-Holder, Beach Relief, and Imperial Sewer Trunk lines from Stage Road and Dodds Avenue. in Buena Park upstream to Imperial Hwy and Palm St. in Brea, approximately 3.5 roadway miles. Their inspection did not reveal any signs of damage to roadways or see any repair excavation activities by others that would indicate possible stress to our sewer lines. • Facilities Engineering Support Services' (FSSD), Contracts Management and our Facilities Repairs Engineering staff scheduled our Closed Circuit Television (CCTV) contractor(s) to perform internal inspections, to be completed by April 30 in the following two pipelines: • One mile of the existing Western Regional Sewers near Los Alamitos which could be at risk due to older pipe joint styles. • One mile of the Miller Holder or Imperial Sewer that is above and closest to the earthquake epicenter on March 28. • The Facilities Repairs Engineering staff will also conduct an internal inspection of the Yorba Linda Pump Station Force Main which might have been put at risk. This outsourced CCTV system work of the pressurized metallic pipe will occur by May 7. Flows can be gravity by-passed during the inspection. Page 2 of 3 Operations Inspection Activities • Soon following the earthquake, operations staff at both plants assembled to verify staff safety. Operations staff paired up and inspected the treatment facility looking for leaks, damaged concrete, or any other visible damage such as misaligned pipes. Typically, any visible damage is reported to the shift supervisor and documented in the shift supervisors log; however the magnitude of this event did not cause damage of any type to report. • Operations staff who worked the desk conducted a CRISP round to verify our main influent/effluent pumps were operational or if any alarms that may have occurred due to the quake were activated. Staff also conducted a CRISP round of pump stations to verify alarms, possible loss of power, and pumping/wetwell trends. • Once the status of both treatment plants were know, a status email was sent out to selected Executive Team members and Managers. All findings will be discussed and repairs if recommended will be scheduled. These are unbudgeted operating expenses and reimbursement from FEMA may be recommended depending on findings. As a final step, staff is finalizing a post-earthquake response checklist to employ after quakes of an OCSD agreed magnitude. In addition to inspection activities, notification steps which involve the PIO are also incorporated in this checklist. Like the March 28 event, not all earthquakes will require massive regional IERP mobilization. The responses checklist allows for scalability of activities based on the earthquake's magnitude however IERP trigger criteria will need to be further explored. CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE N/A ATTACHMENT N/A Page 3 of 3 ADMINISTRATION COMMITTEE Meebng Date To ad.of Di,. 05,07,14 -- AGENDA REPORT Item Number Item Number e Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: RESERVES, INVESTMENTS AND FINANCIAL MANAGEMENT POLICIES GENERAL MANAGER'S RECOMMENDATION Information Only. SUMMARY As part of the ongoing Board Member Orientation effort, OCSD staff will provide a general presentation on specific topics that the Board of Directors requested via a survey conducted in October 2013. Each month a different topic will be presented to both the Operations Committee and Administration Committee. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The following informational presentations have been provided to both Operations and Administration Committees: • February— OCSD Budget and Finances • March —Water Quality and OCSD's Disinfection Program • April — Community Outreach Program CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENT N/A Page 1 of 1 ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District COBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board Glossary of Terms and Abbreviations SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Benthos — The community of organisms, such as sea stars, worms and shrimp, which live on, in, or near the seabed, also know as the benthic zone. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Collform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) — A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Glossary of Terms and Abbreviations Dilution to Threshold (D/T) - the dilution at which the majority of the people detect the odor becomes the D/T for that air sample. Greenhouse gases - In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect'). Groundwater Replenishment (GWR) System - A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)-Goals to support environmental and public expectations for performance. NDMA- N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) - An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume-A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)- Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line - A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer - Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) - Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment - Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge - Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS) -The amount of solids floating and in suspension in wastewater. Trickling filter - A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Urban runoff - Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater-Any water that enters the sanitary sewer. Glossary of Terms and Abbreviations Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.