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Home My WebLink About07-24-2019 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, July 24, 2019 Regular Meeting of the `� """�'�N 5:00 P.M. STEERING COMMITTEE _ Administration Building Conference Room A • 10844 Ellis Avenue Fountain Valley, CA 92708 Fit/Ne THE ENV\P�� (714) 593-7433 AGENDA CALL TO ORDER DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker's Form (located at the table at the back of the room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you want to speak. Speakers will be recognized by the Chairperson and are requested to limit comments to three minutes. REPORTS: The Committee Chairperson and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: The Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering Committee held June 26, 2019. NON-CONSENT ITEMS: 2. RIGHT OF ENTRY AGREEMENT (Lorenzo Tyner) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Right of Entry Agreement for Orange County Transportation Authority, and its authorized agents, to enter upon Orange County Sanitation District's property located on the north side of Westminster Boulevard, East of Springdale Street, in Westminster, CA adjacent to the Interstate 405 Freeway for temporary use in connection with its project to widen the Interstate 405 Freeway for a term of four (4) years from the 30-day notice prior to the beginning of construction, in a form approved by Special Counsel; and 07/24/2019 Steering Committee Meeting Agenda Page 1 of 4 B. Direct the Clerk of the Board to record the Agreement with the Orange County Clerk-Recorder. 3. FIRST AMENDMENT TO 800 MHZ LEASE (Lorenzo Tyner) RECOMMENDATION: Recommend to the Board of Directors to: Approve the First Amendment to the 800 MHz Lease Agreement with the County of Orange with the following modifications, in a form approved by Special Counsel: • Term of Lease shall expire May 4, 2023; with an optional one (1) additional five-year period • Increase the annual lease rate from $0.42 per square foot to $0.52 per square foot • Decrease the site footprint from 10,000 square feet to 4,784 square feet before December 31 , 2019 4. COOPERATIVE AGREEMENT FOR INTEGRATED REGIONAL WATER MANAGEMENT FUNDING IN THE SANTA ANA FUNDING AREA (Lan Wiborg) RECOMMENDATION: Recommend to the Board of Directors to: Approve a Cooperative Agreement among the County of Orange, Orange County Sanitation District, Orange County Water District (collectively referred to as Orange County Parties), and the Santa Ana Watershed Project Authority (SAWPA), a joint powers authority, for the Orange County Parties agreeing to remain a part of the Santa Ana Funding Area covered by the One Water One Watershed Plan for a period of ten (10) years, from date of execution. 5. STRATEGIC PLAN SURVEY RESULTS (Rob Thompson) RECOMMENDATION: Receive and file the strategic plan survey results from the Board of Directors in June 2019. INFORMATION ITEMS: 6. UPDATE ON THE HEADQUARTERS COMPLEX AND SITE SECURITY AT PLANT NO. 1, PROJECT NO. P1-128 (Kathy Millea) Staff intends to present an update on the recently submitted design package, project budget, and project schedule. CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations,pending orpotential litigation, orpersonnel matters,pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. 07/24/2019 Steering Committee Meeting Agenda Page 2 of 4 Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. (1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)) Title: General Manager (2) CONFER WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Laura Kalty, Liebert Cassidy Whitmore; James Herberg; Lorenzo Tyner; and Celia Chandler. Employee Organizations: 3 • International Union of Operating Engineers, Local 501; Orange County Employees Association; and the Supervisors and Professionals Group. (3) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED INITIATION OF LITIGATION (Government Code Section 54956.9(d)(4)) Number of Potential Cases: 4 Initiation of litigation regarding improvements interfering with pipeline easement at 8192 Willow Drive (APN 262-032-27), 8201 Denni Street (APN No. 262-032-28), 8191 Willow Drive (APN No. 262-032-37), and 8187 Willow Drive (APN No. 262-032-38), in the city of Cypress, CA. RECONVENE IN REGULAR SESSION. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Board members may request staff to place an item on a future agenda. 07/24/2019 Steering Committee Meeting Agenda Page 3 of 4 ADJOURNMENT: To the Steering Committee meeting scheduled for Wednesday, August 28, 2019 at 5:00 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)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda 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,and on the Sanitation District's website at www.ocsd.com 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. Agenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A. Lore, MMC Clerk of the Board (714)593-7433 klore(a)ocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherberg(o)ocsd.com Assistant General Manager Lorenzo Tyner (714)593-7550 Ityner0)ocsd.com Assistant General Manager Rob Thompson (714)593-7310 rthompson(a).ocsd.com Director of Human Resources Celia Chandler (714)593-7202 cchandler(@ocsd.com Director of Engineering Kathy Millea (714)593-7365 kmilleaC@ocsd.com Director of Environmental Services Lan Wibor 714 593-7450 lwiborg@ocsd.com 07/24/2019 Steering Committee Meeting Agenda Page 4 of 4 ITEM NO. 1 MINUTES OF THE STEERING COMMITTEE Orange County Sanitation District Wednesday, June 26, 2019 at 4:30 p.m. A special meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman David Shawver on Wednesday, June 26, 2019 at 4:30 p.m. in the Administration Building of the Orange County Sanitation District. OC Sheriff Deputy Saenz led the Pledge of Allegiance. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: David Shawver, Board Chair Jim Herberg, General Manager John Withers, Board Vice-Chair Rob Thompson, Assistant General Robert Collacott, Operations Committee Manager Chair Lorenzo Tyner, Assistant General Peter Kim, LaPA Committee Chair Manager Glenn Parker, Member-At-Large Celia Chandler, Director of Human Tim Shaw, Member-At-Large Resources Kathy Millea, Director of Engineering COMMITTEE MEMBERS ABSENT: Lan Wiborg, Director of Environmental Chad Wanke, Administration Committee Services Chair Kelly Lore, Clerk of the Board Stephanie Barron Jennifer Cabral Thys DeVries Al Garcia Lori Klinger Tina Knapp Laura Maravilla Jeff Mohr Wally Ritchie OTHERS PRESENT: Brad Hogin, General Counsel Laura Kalty, Liebert Cassidy Whitmore, Special Counsel PUBLIC COMMENTS: Marc Brown, President and Chief Negotator representing the Supervisory and Professional Management Group (SPMG) spoke in favor of a cost of living increase for the bargaining units. 06/26/2019 Steering Committee SPECIAL MEETING Minutes Page 1 of 3 Clerk of the Board Kelly Lore stated that correspondence had been received from Marc Brown, SPMG in regard to Closed Session Item No. CS-3, which was also distributed to the Board of Directors. REPORTS: Chair Shawver did not provide a report. General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Steering Committee held May 22, 2019. AYES: Collacott, Kim, Parker, Shaw, Shawver, and Withers NOES: None ABSTENTIONS: None ABSENT: Wanke NON-CONSENT ITEMS: 2. GENERAL MANAGER'S FY 2018-2019 WORK PLAN YEAR-END UPDATE (Jim Herberg) Mr. Herberg provided a brief overview of his Work Plan accomplishments for FY 2018-19. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and File the General Manager's FY 2018-2019 Work Plan Year-End Update. AYES: Collacott, Kim, Parker, Shaw, Shawver, and Withers NOES: None ABSTENTIONS: None ABSENT: Wanke INFORMATION ITEMS: None. 06/26/2019 Steering Committee SPECIAL MEETING Minutes Page 2 of 3 CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54957(b)(1), 54956.9(d)(4) & 54957.6: The Board convened in closed session at 4:34 p.m. to discuss four items. Confidential minutes of the Closed Sessions have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 5:55 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Shawver declared the meeting adjourned at 5:56 p.m. to the next Steering Committee meeting to be held on Wednesday, July 24, 2019 at 5:00 p.m. Submitted by: Kelly A. Lore, MMC Clerk of the Board 06/26/2019 Steering Committee SPECIAL MEETING Minutes Page 3 of 3 STEERING COMMITTEE Meeting Date To Bd. of Dir. 07/24/19 07/24/19 AGENDA REPORT Item Number Item Number 2 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: RIGHT OF ENTRY AGREEMENT GENERAL MANAGER'S RECOMMENDATION A. Approve a Right of Entry Agreement for Orange County Transportation Authority, and its authorized agents, to enter upon Orange County Sanitation District's property located on the north side of Westminster Boulevard, East of Springdale Street, in Westminster, CA adjacent to the Interstate 405 Freeway for temporary use in connection with its project to widen the Interstate 405 Freeway for a term of four (4) years from the 30-day notice prior to the beginning of construction, in a form approved by Special Counsel; and B. Direct the Clerk of the Board to record the Agreement with the Orange County Clerk-Recorder. BACKGROUND Orange County Transportation Authority (OCTA) is widening the Interstate 405 Freeway between SR-73 and 1-605. The Orange County Sanitation District (Sanitation District) was notified by OCTA of its plans to acquire, through eminent domain, the Sanitation District's parcel in Westminster for a period of 5-years. Staff responded to the notification informing OCTA of the Sanitation District's sewer facilities and a manhole within that parcel. The sewer facilities must be maintained in the interest of public health. Through collaboration, it was proposed that both agencies could use this site concurrently through a Right of Entry agreement. RELEVANT STANDARDS • Protect Orange County Sanitation District assets • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM The Sanitation District needs access to its facilities within its parcel in the city of Westminster 24 hours per day, 7 days per week and OCTA needs to access the same parcel while widening the Interstate 405 Freeway. Page 1 of 2 PROPOSED SOLUTION Both agencies will access this parcel. OCTA will leave a clear driveway from Westminster Boulevard to the manhole and keep a clearing of a 10-foot radius around the manhole so Sanitation District staff can perform inspections, scheduled maintenance, emergency repairs, and chemical dosing. OCTA will use the rest of the parcel to safely access the Interstate 405 work area. TIMING CONCERNS OCTA expects to start using this area within the year. RAMIFICATIONS OF NOT TAKING ACTION Without the Right of Entry Agreement, the Sanitation District would have no access to its facilities within this parcel. PRIOR COMMITTEE/BOARD ACTIONS N/A FINANCIAL CONSIDERATIONS 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: • Right of Entry Agreement Page 2 of 2 RIGHT OF ENTRY Page 1 of 2 North side of Westminster Boulevard, East of Springdale Street, Westminster, CA 92683 103212-1 203-314-03 Property Address Parcel No. APN. STPLN-6212 (018) 08023298-920-CMM Federal Project No. Title Order No. RIGHT OF ENTRY AGREEMENT (this "Agreement") Permission is hereby granted to the Orange County Transportation Authority, a public entity ("OCTA") or its authorized agents, to enter upon certain real property owned by the Orange County Sanitation District (formerly known as County Sanitation District No. 3 of Orange County) ("Owner") located on the north side of Westminster Boulevard, East of Springdale Street, Westminster, CA 92683 (the"Property")for temporary use in connection with the project to widen the Interstate 405 Freeway (1-405) and accomplishing all necessary incidents thereto. The Property is legally described and depicted in the attached Exhibit "Al" and Exhibit "AT', respectively, and identified on the Right of Way map in the attached Exhibit"B". OCTA shall have no obligation to pay any compensation to Owner of the Property for permission to enter the subject Property and to construct the project. Owner hereby fully and forever waives and relinquishes any and all right and entitlement that Owner has or may have to receive compensation for such permission to access and use the Property on the terms set forth in this Agreement as well as any and all rights Owner has or may have to exercise any remedy authorized by law to secure payment or other compensation of any kind therefor. This permission is granted by Owner freely and voluntarily in consideration of the location, improvement, and construction of the above-described freeway improvements and incidents thereto, which Owner understands are required by OCTA. OCTA understands that there is a manhole cover on the surface of the Property(the"Manhole")that is Owner's only means of access to an actively-used 60-inch sewer pipe (the "Sewer Pipe"), and that notwithstanding the permission granted to OCTA in this Agreement, Owner must at all times continue to have the ability to access said Manhole and Sewer Pipe in order to perform scheduled, unscheduled, and emergency repairs, chemical dosing, inspections, and maintenance work. As such, Owner grants the foregoing permission to OCTA subject to the following restrictions on use of the Property by OCTA and its authorized agents: A. Neither OCTA nor any authorized agents of OCTA shall place, store, or leave construction materials, equipment,vehicles,or other items on the Property in a manner or location,or at a time,that prevents, limits, or interferes with Owner's immediate access to the Manhole and the Sewer Pipe, it being understood by OCTA that in the event of any damage to, or rupture or breakage of, the Sewer Pipe, Owner will need the immediate and unobstructed ability to enter, access, and exit the Property with multiple large vehicles and equipment to repair the Sewer Pipe and to take the necessary actions to mitigate the public health concerns associated with such damage to, rupture, or breakage of the Sewer Pipe. B. At any time that OCTA and its authorized agents have any construction materials, equipment, vehicles, or other items located on the Property that prevent, limit, or interfere with Owner's immediate access to the Manhole and the Sewer Pipe with multiple large vehicles and equipment, OCTA and its authorized agents: (i) must have a written, Owner-approved emergency plan in place for removal from the Property and relocation of such construction materials, equipment, vehicles, and other items; (ii) there must be at least one person on site at the Property with the knowledge and authority to commence and ensure completion of OCTA's performance of such emergency plan; and (iii) OCTA and/or its authorized agents must have sufficient personnel available at or near the Property to fully accomplish such emergency plan within one(1) hour from when Owner gives the first notice to OCTA of its need to access the Manhole and Sewer Pipe. C. Prior to the first entry onto the Property by OCTA or its authorized agents, OCTA shall deliver to Owner a copy of the written emergency plan referenced in Paragraph B above, which written emergency plan shall include,among other things,the contact information and protocol for Owner to notify OCTA of Owner's need to enter the Property to perform repairs, chemical dosing, inspections, or maintenance work and, if applicable, to notify OCTA that the written emergency plan must be put into effect. OCTA must have the ability to contact OCTA or its designated representative for such purposes 24 hours per day, seven days per week while this Agreement is in effect. D. OCTA shall give immediate notice to Owner if OCTA or any of its authorized agents causes,contributes to, or becomes aware of any actual,threatened, or suspected damage to or rupture or breakage of the Sewer Pipe or the Manhole. Such notice shall be given to Owner by telephone at Owner's Control Center, which is staffed 24 hours per day,seven days per week. The Control Center telephone number is(714)593-7025. OCTA shall indemnify and hold harmless Owner, from any loss, liability, or expense which Owner may sustain arising out of the use of the Property by OCTA and its authorized agents, except to the extent such loss or damage is caused by the negligence or willful misconduct of Owner, or its employees, officers, agents,or permittees. It is understood that when OCTA's need for use of the Property ceases, OCTA shall discontinue all use of the Property by OCTA and its authorized agents and return the Property to Owner free of debris and in a graded, compacted, and drivable condition, with the surface re-paved using an American Association of State Highway Transportation Officials(AASHTO)H-20 load-weighted asphalt. This Agreement and the permission granted herein shall expire four(4) years from the date on which Owner receives from OCTA, or its authorized agents, a 30-day notice prior to the beginning of construction. ORANGE COUNTY SANITATION ACCEPTED: ORANGE COUNTY DISTRICT(formerly County Sanitation TRANSPORTATION AUTHORITY District No.3 OF Orange County P.O. Box 8127 Fountain Valley,CA 92728 Telephone: 714-962-2411 By: By: David Shawver Date James G.Beil Date Board Chairman Executive Director,Capital Programs ATTEST: ORANGE COUNTY SANITATION DISTRICT By:Kelly A. Lore,MMC Its:Clerk of the Board ACCEPTED AND APPROVED TO FORM: APPROVED AS TO FO M: A L S-6,,.-4 3:�a, L-U By: Pame a J. Privett By: Title:Special Counsel James Donich Date General Counsel Orange County Transportation Authority PS OMAS a 1 EXHIBIT `Al' 2 LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 103212-1 5 Temporary Construction Easement 6 APN 203-314-03 7 8 In the City of Westminster, County of Orange, State of California, being that portion of 9 the lands described in the Deed recorded April 10, 1975 in Book 11375, Page 1310 of 10 Official Records of said County, described as follows: 11 12 Beginning at the centerline intersection of Springdale Street and Westminster Boulevard 13 as shown on Record of Survey filed in Book 117, Pages 27 through 34, of Record of 14 Surveys of said County; thence along the centerline of said Westminster Boulevard South 15 89032124" East 466.69 feet to the southerly prolongation of the westerly line of said 16 lands; thence along said prolongation North 00001'49" East 92.16 feet to the 17 southwesterly corner of the said lands; thence along said westerly line North 00001'49" 18 East 36.70 feet to the True Point of Beginning;thence continuing along last said line 19 North 00001149" East 8.09 feet to the most northerly corner of said lands;thence along 20 the northeasterly line of said lands South 44003'23" East 58.63 feet to the most easterly 21 corner of said lands; thence along the southerly line of said lands South 86°16'l8" West 22 6.81 feet to a point thereon; thence North 44034'22" West 48.41 feet to the True Point of 23 Beginning. 24 25 Containing 290 square feet. 26 27 See Exhibit `A2' attached hereto and made a part hereof. 28 29 The distances shown herein are grid distances. Ground distances may be obtained by 30 dividing grid distances by the combination factor of 0.99997837. 31 M:\2PTG010900\SURVEY\LEGALS\Segment 5\398\Legals\103212-1-TCE.doc Page 1 of 9/14/2015 PS OMAS 1 See Exhibit `AT attached hereto and made apart hereof. 2 3 LAND 4 5 Prepared under the direction of 6 �Qf o� �o 7 -15 �,°°°° 5260° ° 8 Brian E. Bullock, PLS 5260 Date qTF OF OAt,�Fo�� 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 M:\2PTG010900\SURVEY\LEGALS\Segment 5\398\Legals\103212-1-TCE.doc Page 2 of 2 9/14/2015 TEMPORARY CONSTRUCTION EASEMENT ATTACHMENT TO LEGAL DESCRIPTION Assessor Parcel No: 203-314-03 Caltrans Parcel No: 103212-1 This temporary construction easement shall be in, on, over, under, and across that certain real property described in Exhibit "Al" and depicted in Exhibit "A2" attached hereto, subject to the rights and limitations set forth herein ("TCE"). The TCE shall be used by the Orange County Transportation Authority and its employees, agents, representatives, contractors, successors and assigns (collectively, "OCTA") in connection with the construction of the I-405 Improvement Project. The TCE shall be for a period of forty eight (48) months, a portion of which shall be exclusive (subject to the rights and limitations set forth below) and a portion of which shall be non-exclusive. Specifically, the actual physical construction activities within the TCE area shall be limited to a period of twenty-four (24) consecutive months within the forty eight (48) month TCE period (the "Construction Period"). During the Construction Period, OCTA's use and occupancy of the TCE will be exclusive, subject to the rights and limitations set forth below. OCTA's use and occupancy of the TCE during the remaining twenty four (24) months of the TCE period will be non-exclusive. Rights and Limitations of Use and Occupancy of TCE: • OCTA shall provide the owner(s) and occupant(s) of the property subject to this TCE a minimum of thirty (30)-days written notice as to when the Construction Period will commence. • During the Construction Period, OCTA may place a temporary fence around the TCE area, provided however, no fence will be placed around or across any driveway within the TCE area. • Reasonable pedestrian and vehicular access to the property shall be maintained at all times. • Access to the TCE area shall be from the public right of way. • Except as to those improvements identified below as being protected in place, improvements within the TCE area will be removed as needed by OCTA to allow for construction activities. All improvements so removed shall be included in the compensation paid by OCTA for this TCE. • The following improvements within the TCE area will be protected in place: o Manhole • The following improvements adjacent to the TCE area will be protected in place: o Bike Rack o Light Pole • Prior to the termination of the Construction Period, OCTA will remove from the TCE area all construction equipment and materials including, without limitation, any temporary fence, any temporary improvements, and all construction-related debris. The TCE area will be graded and compacted to restore it to a condition that is as functionally equivalent as is practicable to its condition prior to commencement of the construction activities. OCTA expressly reserves the right to convey, transfer, or assign the WE subject to the same rights and limitations described herein. EXHIBIT A2 PARCEL# TITLE AREA APN 103212-1 TCE 290 SF 203-314-03 APN 203-31 3-04 REC 02-2 l- J 9�)7 APN 203-31 3-02 RED 02`22- 1 55) Op �S � 4�X 9�L 6,090 /s W �� J W 201 1 000 16 I,r = CC Rr 3 OD 29 20 J 1 "'0, c� <� X q W ca APN 203-314-02 C) U / CO i � vim, z APN J 1 0321 2-1 C 203-314-01 TPOB — \ QXO N00001 '49' E \ �� 0 44.79' L1 S44003'23' E 0 58.63' o APN O� l �X z o 203-314-03 POL 1 C,R� 2-J6/302 N00 092496E S8601 6'1 8'W RED 0)- l l - l 0-9 40.88' S89032'24' E 466.69' POB WESTMINSTER BLVD. SEE SHEET 2 FOR DETAIL " A LEGEND LINE DATA BEARING DISTANCE ' TPOB True Point of Beginning L1 NO0001 '49''E 36.70' POB Point of Beginning 0 Caltrons Parcel Number Access Prohibited NOTES The distances shown herein are grid distances. Ground distances may be obtained by dividing grid TEMPORARY CONSTRUCTION EASEMENT distances by the combination factor of 0.99997837. FEET 0 50 100 200 300 PREPARED BY: DATE: 08-13-15 REV.: 09-14-15 EA: OF FA#: P S O M A S DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 �14i,5�7373i(i14i5a5 es83 (Fox) 12 ORANGE 405 1 2 EXHIBIT A2 PARCEL# TITLE AREA APN 103212-1 TCE 290 SF 203-314-03 PCL 2 O�R� 49161302 RED 09- 11 - 1 959 �S 9,y 00 1 0 3 21 2-1 009°s TPOB �j FF�q S APN F90 203-314-02 6, 01 � F J i\1ST� ND w 90 SS8 20 1 1 OOO:� l ,��l�;•RED 0�)-20-2011 o `Qa o APN 9C9 oz 203-314-03 *9� O.R. 1 1 375/1 31 0 REC 04-10-1975 6.81 S86o 1 6'1 81'W 40.88" FCL 1 OAR, 401-4)/.-09 RED 0 9-- 1 1 - 1 959 WESTMINSTER BLVD. LEGEND TPOB True Point of Beginning POB Point of Beginning DETAIL '' A " 0 Caltrans Parcel Number SCALE 1 '' =10' Access Prohibited NOTES The distances shown herein are grid distances. Ground distances TEMPORARY CONSTRUCTION EASEMENT may be obtained by dividing grid distances by the combination factor of 0.99997837. FEET 0 5 10 20 30 PREPARED BY: DATE: 08-13-15 REV.: 09-14-15 EA: OF FA#: P S O M A S DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Fornio 7;4i75 nT373/(7114)545g 8883 (Fax) 12 ORANGE 405 2 2 ., ASSESSOR PARCEL NUMBER ° 203 - 314 - 03 CALTRANS PARCEL NUMBER 103212 Pot ir • ' ' • - . , CENTERED • AROUND SPLIT GATE 0i Var . TEMPORARY FENCE 5' TCE SEWER MH ,4 4 8" RCP SEWER EVS IN SE E EASEMENT MI Or EXISTING EASEMENT TEMPORARY GATE For illustrative purposes ONLY. Not to scale. Not for —X X— TEMPORARY FENCE construction. Proposed improvements, schedule, staging TEMPORARY CONSTRUCTION o chae d work ngto be performed subject EASEMENT STEERING COMMITTEE Meeting Date To Bd. of Dir. 07/24/19 07/24/19 AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: FIRST AMENDMENT TO 800 MHZ LEASE GENERAL MANAGER'S RECOMMENDATION Approve the First Amendment to the 800 MHz Lease Agreement with the County of Orange with the following modifications, in a form approved by Special Counsel: • Term of Lease shall expire May 4, 2023; with an optional one (1) additional five-year period • Increase the annual lease rate from $0.42 per square foot to $0.52 per square foot • Decrease the site footprint from 10,000 square feet to 4,784 square feet before December 31 , 2019 BACKGROUND In 1998, Orange County Sanitation District (Sanitation District) entered into an agreement with the County of Orange (County) to lease space at Treatment Plant No. 2 allowing the Orange County Sheriff's Department to construct, operate, and maintain a radio mobile/wireless communication system and appurtenant structures including an antenna tower. The term of the lease was for 20 years. The Sanitation District provided the required advanced notice to the County of its intent to not renew the lease upon expiration of the original term, due to the Sanitation District's need for additional space to construct infrastructure to support its operations. Subsequently, the County provided the Sanitation District with notice of its intent to exercise its first of two options to extend the term of the Lease for an additional five (5) years. Working collaboratively, it was determined that the County would reduce its footprint allowing space for the Sanitation District's construction and expansion projects and the associated staging, Iaydown, and traffic flows. RELEVANT STANDARDS • Protect Orange County Sanitation District assets • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Commitment to safety & reducing risk in all operations Page 1 of 2 PROBLEM In 1998, when this lease was established, the Sanitation District had adequate space for the County's project. However, the Sanitation District has expanded its operations, committed to full secondary treatment, is working on the final expansion of the Ground Water Replenishment System, and has continued to construct infrastructure to support its operations. Space is now limited, and the Communication Tower is at the center of several key Sanitation District projects. PROPOSED SOLUTION Reduce the footprint of the Communication Tower's appurtenances reserving room for both the County's infrastructure and Sanitation District construction projects. TIMING CONCERNS Due to upcoming construction projects in the area, it is necessary for the Orange County Sheriff's Communication Tower site to be fully downsized by December 31, 2019. RAMIFICATIONS OF NOT TAKING ACTION If the Orange County Sheriff's footprint is not reduced, there will be impacts to the Sanitation District construction projects due to the lack of staging areas, laydown areas, and traffic paths around the Communication Tower vicinity at Treatment Plant No. 2. PRIOR COMMITTEE/BOARD ACTIONS March 1998 - Authorized staff to enter into a Lease Agreement with the County for installation of an 800MHz system at Plant No. 2 for a period of twenty (20) years. ADDITIONAL INFORMATION The First Amendment to the Lease Agreement is dated to coincide with the expiration of the Original Lease Agreement, which is dated May 5, 1998. 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: • First Amendment to Lease Agreement • Original Lease Agreement Page 2 of 2 Project No. GA 1239-57-2 Project Name: 800 MHz Project Location: O.C. Sanitation District Treatment Plant#2 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (hereinafter referred to as "First Amendment") is entered into as of the 51h day of May, 2018 ("Effective Date"), by and between the Orange County Sanitation District, as successor-in-interest to County Sanitation District No. 1 of Orange County, California for itself and as agent for County Sanitation Districts Nos. 2, 3, 5, 6, 7, 11, 13, and 14 of Orange County, California (hereinafter referred to as "DISTRICT"and"LESSOR"), and the County of Orange, a political subdivision of the State of California (hereinafter referred to as "COUNTY" and "LESSEE"). DISTRICT and COUNTY may be referred to individually herein as a"Party" or collectively as the"Parties". RECITALS A. WHEREAS, DISTRICT and COUNTY entered into that certain 800 MHz Lease Agreement ("Lease"), for a twenty (20) year term commencing May 5, 1998, allowing the COUNTY to occupy a portion of property located within the DISTRICT's Treatment Plant#2 in the City of Huntington Beach, County of Orange, State of California (the "Premises") in order for COUNTY to construct, maintain and operate a radio mobile/wireless communications system and appurtenant structures including an antenna tower thereon; and B. WHEREAS, in accordance with Section 7 of the Lease, on August 20, 2016, DISTRICT exercised its right to terminate the Lease by giving written notice to COUNTY of DISTRICT'S election to terminate the Lease upon the expiration of its original term on May 5, 2018 due to the DISTRICT's need for additional space to continue to construct infrastructure to support its operations. Notwithstanding COUNTYs receipt of such termination notice from DISTRICT, on February 16, 2018, COUNTY sent a notice to DISTRICT of its intent to exercise its first of two options to extend the term of the Lease for an additional five (5) years; and C. WHEREAS, following COUNTY'S delivery of its notice of exercise of its extension option, the Parties reached an agreement in principal that DISTRICT would allow COUNTY to continue to occupy and lease a portion(but not all) of the Premises originally leased to COUNTY for an additional five-year term subject to an increase to the rent owed by COUNTY. The decreased footprint for the Premises is described in "Revised Exhibit Al" and shown on"Revised Exhibit 111" attached hereto. D. WHEREAS,the Parties now desire to amend the Lease to provide the terms and conditions on which DISTRICT agrees to COUNTY'S extension of the Lease term. NOW THEREFORE, in consideration of the Recitals above, which are incorporated herein by this reference, the Parties do hereby agree to amend the Lease as of the Effective Date first written above as follows: A. Clause 1 (PREMISES) is hereby deleted from the Lease in its entirety and the following amended clause is substituted in its place: First Amendment to Lease Page 1 of 22 O.C.Sanitation District LEGAL02/38756753v6 44 1. PREMISES (1.2 S) DISTRICT leases to COUNTY that certain real property hereinafter referred to as the "Premises" described in "Revised Exhibit AV and shown on "Revised Exhibit B1," which exhibits are attached hereto and by reference made a part hereof." B. Clause 5 (TERM) is hereby deleted from the Lease in its entirety and the following amended clause is substituted in its place: 445. TERM (2.2A S) The term of this Lease commenced on May 5, 1998 and shall expire on May 4, 2023." C. Clause 7 (OPTION TO TERMINATE LEASE) is hereby deleted from the Lease in its entirety and the following amended clause is substituted in its place: 447. OPTION TO TERMINATE LEASE (2.4 S) DISTRICT shall have the option, at its sole discretion, to terminate this Lease at any time upon giving COUNTY written notice at least two (2) years prior to the effective date of termination ("District Termination Notice"). COUNTY'S option, under Section 8 of the Lease, to extend the term of the Lease shall immediately and automatically terminate upon COUNTY'S receipt of any such termination notice from DISTRICT. COUNTY shall have the option, at its sole discretion, to terminate the Lease at any time upon giving DISTRICT written notice at least one hundred twenty (120) days prior to the effective date of termination." D. Clause 8 (OPTION TO EXTEND TERM) is hereby deleted from the Lease in its entirety and the following amended clause is substituted in its place: 448. OPTION TO EXTEND TERM (2.3 S) So long as COUNTY has not received a District Termination Notice, COUNTY shall have the option to extend the term of this Lease for one(1)additional five-year period on the same terms and conditions upon written notification to the DISTRICT of the exercise of said option at least sixty(60) days prior to the Lease termination date." E. Subpart (A) of Clause 9 (RENT) is hereby deleted from the Lease in its entirety and the following amended clause is substituted in its place: 44 9. RENT (3.1 N) As consideration for the lease of the Premises as described herein, COUNTY and DISTRICT agree: A. Prior to the Effective Date of this Amendment, COUNTY has been paying annual rent in the amount of Four Thousand Two Hundred Dollars and Zero Cents($4,200.00)or approximately Forty-Two Cents($.42)per square foot of leased Premises. Commencing on the Effective Date of this Amendment, COUNTY shall pay annually as rent for the Premises Five Thousand Two First Amendment to Lease Page 2 of 22 O.C.Sanitation District LEGAL02/38756753v6 Hundred Dollars and Zero Cents ($5,200.00) or approximately Fifty-Two Cents ($.52) per square foot of leased Premises, and COUNTY shall continue to pay annual rent in such amount until COUNTY fully reduces its footprint in accordance with the Premises described in "Revised Exhibit Al"and shown on"Revised Exhibit B1". COUNTY shall fully and finally complete the reduction of the leased Premises on or before December 31, 2019. Upon COUNTY's timely completion of the downsizing of its Premises, COUNTY shall then pay annual rent in the amount of Two Thousand Four Hundred Eighty Seven Dollars and Sixty-Eight Cents ($2,487.68) or approximately Fifty-Two Cents ($.52) per square foot of leased Premises; provided that, in addition to the annual rent and as additional rent hereunder ("Additional Rent"), COUNTY shall be obligated to pay DISTRICT fifty percent (50%) of any liquidated damages COUNTY receives pursuant to Section 5 of COUNTY's construction contract with Jitney Company, Inc. ("Jitney Contract"), attached hereto as "Exhibit C", which provides that COUNTY will receive six hundred and twenty five dollars ($625) for each calendar day that completion of all the work required under the Jitney Contract is delayed beyond the Contract Time of 90 days from the effective date of the Notice to Proceed. Commencing on the Effective Date of this Amendment, annual rent, including any past due rent, shall be due and payable by COUNTY on or before the sixtieth (601h) day following said Effective Date of this Amendment, and thereafter, annual rent, including any past due rent and any Additional Rent that may have accrued, shall be due on or before every remaining anniversary of the Effective Date of this Amendment throughout the remaining term of this Lease without notice, demand, setoff, or abatement except as and if expressly provided for in this Lease. F. Clause 13 (PROPERTY INSURANCE)is hereby deleted from the Lease in its entirety and the following amended clause is substituted in its place: "13. INSURANCE (5.3 N) Commencing on the Effective Date and continuing thereafter at all times that COUNTY continues to occupy and/or use the Premises or any part thereof, COUNTY shall provide and maintain in full force and effect the following insurance coverages for the Premises. COUNTY shall not perform or cause or allow to be performed in,on,or under the Premises any work until satisfactory evidence of all required insurance is received and approved by DISTRICT. 1. Worker's Compensation Insurance: COUNTY shall maintain such Worker's Compensation Insurance as required by the Labor Code of the State of California, including Employer's Liability Insurance with a minimum limit of $1,000,000.00. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless your First Amendment to Lease Page 3 of 22 O.C.Sanitation District LEGAL02/38756753v6 insurance carrier is State of California Insurance Fund (SCIF) and the endorsement numbers 2570 and 2065 are specifically referenced on the certificate of insurance. 2. Commercial General Liability Insurance: COUNTY shall maintain Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: $5.0 million per occurrence with $5.0 million annual aggregate or $3.0 million per occurrence/aggregate solely and separately for this Lease. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability(for this Lease), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability,personal and advertising injury, mobile equipment, cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by DISTRICT and applicable to COUNTY'S operations on the Premises,XCU coverage (Explosion, Collapse and Underground) and Riggers Liability coverage must be included in the General Liability policy and such coverage must be reflected on the Certificate of Insurance submitted. 3. Products Liability Insurance: COUNTY shall maintain Product Liability insurance in the minimum amount of not less than $2.0 million per occurrence. This coverage can be provided either as part of or separate from the Commercial General Liability Insurance Policy. 4. Automotive/Vehicle Liability Insurance: COUNTY shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles with the following minimum limits of liability coverage: combined single limit of $5.0 million or alternatively, $2.0 million per person for bodily injury and $2.0 million per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. In the event COUNTY utilizes one or more contract motor carriers to deliver products or materials to the Premises, COUNTY shall be responsible to require of each such carrier, and to verify that each such carrier, is properly insured in accordance with the requirements set forth above for Comprehensive Liability, Auto Liability, and in compliance with the Motor Carrier Act of 1980. COUNTY shall provide to DISTRICT, prior to deliveries, a copy of the endorsement issued to each such motor carrier under its policies of insurance (MCS-90 Endorsement). 5. Builder's Risk Insurance: First Amendment to Lease Page 4 of 22 O.C.Sanitation District LEGAL02/38756753v6 COUNTY shall maintain a policy of Builder's Risk insurance for all improvements that are unfinished or under construction on the Premises. During the period that any such improvements remain unfinished or under construction, the Builder's Risk coverage shall be in an amount equal to the full replacement value of such improvements once construction and/or installation has been completed. Completion of construction or installation of improvements on the Premises shall be evidenced by the issuance of a Notice of Completion for such improvements. An additional insured endorsement shall be provided to DISTRICT for such Builder's Risk policy. COUNTY shall maintain such Builder's Risk policy in effect until the completed building and all improvements are covered by COUNTY's Property Liability policy. The Builder's Risk Policy shall include all perils within a Builder's Risk policy,including fire,flood,and earthquake. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. 6. Property Liability Insurance: COUNTY shall maintain a policy of Property Liability insurance as to any improvements on the Premises constructed or installed by COUNTY once each such improvement is fully constructed. The Property Liability policy shall be for the full replacement value of the property and shall cover all buildings and improvements by or for COUNTY located on the Premises. DISTRICT shall be provided with an additional insured endorsement to the Property Liability policy. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. 7. Umbrella Excess Liability: The minimum limits of liability insurance required, as set forth above, shall be provided for either a single policy of primary insurance, or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. All Umbrella excess policies shall be Follows Form to the underlying policies,and shall be evidenced on the insurance certificate as such. 8. Additional Insured Endorsements: Each policy of insurance obtained, except Worker's Compensation Coverage and Errors and Omissions Coverage, shall name as additional insureds on said policies DISTRICT, its directors, officers, agents, consultants, and employees for this Lease, and all public agencies from whom permits will be obtained and their directors, officers, agents and employees, as determined by DISTRICT. No exclusionary language or limitations shall be applicable to any additional insured that is not applicable to the named insured. In addition, insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by DISTRICT shall be excess only and not First Amendment to Lease Page 5 of 22 O.C.Sanitation District LEGAL02/38756753v6 contributing with insurance provided under said policies. If this coverage is not provided within the coverage form(insurance policy), it shall also be endorsed as primary and non- contributory coverage. 9. Proof Of Coverage: COUNTY shall furnish DISTRICT with original certificates and amendatory endorsements effecting coverage. All insurance policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by DISTRICT before work commences. DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 or other equivalent Certificate of Insurance form. • Additional Insured (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 10 01 and CG 2037 10 01 All other Additional Insured endorsements must be submitted for approval by DISTRICT, and DISTRICT may reject alternatives that provide different or less coverage to DISTRICT. • Additional Insured Submit endorsement provided by carrier for DISTRICT (Auto Liability) approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. 10. Period of Coverage. Insurance coverage is required for the duration of the term of this Lease and until COUNTY fully and finally vacates and surrenders the Premises in their entirety pursuant to the requirements of the Lease. 11. Cancellation Notice: Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled, terminated, or reduced except after thirty (30) days' prior written notice to DISTRICT, except in the event of non-payment of the premium, which shall require not First Amendment to Lease Page 6 of 22 O.C.Sanitation District LEGAL02/38756753v6 less than ten (10) days written notice to DISTRICT. Such requirements shall be expressly stated on the applicable ACORD Form. Should there be any changes in coverage or an increase in deductible or SIR amounts, COUNTY and its insurance broker/agent shall send to DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management,Div. 161, and shall be received by DISTRICT not less than thirty(30)days prior to the effective date of the change(s)if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to DISTRICT. 12. Insurance Carrier Rating: The insurers must have an A- (A minus), or better, policyholder's rating, and a financial rating of Class VIII, or better, in accordance with the most current A.M. Best Rating. DISTRICT recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best's rating process. Nevertheless, DISTRICT will accept State Compensation Insurance Fund for the required policy of Worker's Compensation Insurance, subject to DISTRICT's option, at any time during the term of this contract, to require a change in insurer, upon twenty (20) days written notice. DISTRICT will also require COUNTY to substitute any insurer whose rating drops below levels herein specified. Said substitution shall occur within twenty (20) days of written notice to COUNTY by DISTRICT or its agent. 13. Primary Insurance: All liability policies shall contain a Primary and Non-Contributory Clause. Any other insurance maintained by DISTRICT shall be excess and not contributing with the insurance provided by COUNTY. COUNTY shall provide DISTRICT with an endorsement for all policies except workers compensation. 14. Separation Of Insured: All liability policies shall contain a"Separation of Insured" clause. 15. Non-Limiting(If Applicable): Nothing in this Lease shall be construed as limiting in any way, the extent to which COUNTY may be held responsible for payments of damages to persons or property nor shall it limit COUNTY'S obligations under the indemnification provision contained in the Lease. 16. Deductibles and Self-Insured Retentions: Any deductible and/or self-insured retention must be declared to DISTRICT on the Certificate of Insurance. All deductible and/or self-insured retentions require approval by DISTRICT. At the option of DISTRICT, either: the insurer shall reduce or eliminate such First Amendment to Lease Page 7 of 22 O.C.Sanitation District LEGAL02/38756753v6 deductible or self-insured retention as respects DISTRICT; or COUNTY shall provide a financial guarantee satisfactory to DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. 17. Defense Costs: Liability policies, except for Errors and Omissions Coverage, shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. 18. Subcontractor(s): COUNTY shall be responsible to establish insurance requirements for any subcontractor hired by COUNTY that will enter and/or work on the Premises. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the subcontractor's operations and work. COUNTY shall ensure that DISTRICT is an additional insured on all policies of insurance required from subcontractors. For general liability coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. 19. Waiver Of Insurance Requirements: DISTRICT reserves the right to waive any insurance requirements based on the nature of the Premises, its location, the size, kind, and use of the structures and improvements situated on the Premises, the time required for removal, method of removal, number of personnel used, and type of vehicles or equipment used for removal of property from the Premises. 20. Limits Are Minimums: If COUNTY maintains higher limits than any minimums shown above, DISTRICT requires and shall be entitled to coverage for the higher limits maintained by COUNTY. 21. Self-Insurance: COUNTY shall have the right to self-insure, in whole or in part, any and all risks that COUNTY is otherwise required to insure under this Section 13 of this Lease; provided, however, that COUNTY'S right to self-insure shall in no way diminish any of the rights and privileges to which DISTRICT would otherwise have been entitled under the terms of this Lease had there been a third-party insurance provider (e.g., waiver of subrogation). DISTRICT hereby accepts COUNTY's Certificate of Self-Insurance (attached hereto as "Exhibit D") as proof of COUNTY'S self-insurance in satisfaction of those insurance requirements COUNTY is otherwise required to insure under this Section 13. G. Clause 18 (NOTICES) is hereby deleted from the Lease in its entirety and the following amended clause is substituted in its place: First Amendment to Lease Page 8 of 22 O.C.Sanitation District LEGAL02/38756753v6 "18. NOTICES (9.1 S) All written notices pursuant to this Lease shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by reputable overnight courier, sent by facsimile or other electronic telecommunication with date/time confirmation, or 72 hours after deposit in the registered or certified United States Mail, return receipt requested. TO: DISTRICT TO: COUNTY Orange County Sanitation District OC Sheriff/Real Estate 10844 Ellis Avenue 320 North Flower Street, 2°d Floor Fountain Valley, CA 92728-8127 Santa Ana, CA 92703 Phone: 714-962-2411 Phone: 714-834-2065 Fax: 714-962-8379 Fax: 714-834-6411 Attn: Clerk of the Board Attn: Jonathan Bordeaux, Real Estate Email: Klore@ocsd.com Manager, OC Sheriff/Real Estate Email: Jbordeaux&ocsd.org" H. Clause 19 (ATTACHMENTS) is hereby deleted from the Lease in its entirety and the following amended clause is substituted in its place: "19. ATTACHMENTS (9.2 S) This Lease includes the following documents, which are attached hereto and made a part hereof: I. GENERAL CONDITIONS II. EXHIBITS Revised Al. Lease Description—Premises Revised B 1. Location Map &Plot Plan—Premises C. Jitney Contract D. County Certificate of Self-Insurance I. Wherever a conflict in the terms or conditions of this First Amendment and the Lease exists, the terms or conditions in this First Amendment shall prevail. In all other respects, the terms and conditions of the Lease not specifically changed by this First Amendment, shall remain in full force and effect as originally written. // // // [SIGNATURE PAGE FOLLOWS] First Amendment to Lease Page 9 of 22 O.C.Sanitation District LEGAL02/38756753v6 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date on which the last of the Parties signed it with the agreement that this Amendment shall take effect as of May 5, 2018. LESSOR ORANGE COUNTY SANITATION DISTRICT Date: By: David J. Shawver Chairman of the Board ATTEST: APPROVED AS TO FORM: ALL. Kelly Lore, MMC amela nvett Clerk of the Board Special Counsel LESSEE COUNTY OF ORANGE Date: By: Chairwoman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD PER G.C. § 25103,RESO. 79-1535 ATTEST: APPROVED AS TO FORM: By: Robin Stieler Deputy Clerk of the Board Date: RECOMMENDED FOR APPROVAL: OC Sheriff-Coroner, Real Property Services By: Jonathan W. Bordeaux Real Estate Manager First Amendment to Lease Page 10 of 22 O.C.Sanitation District LEGAL02/38756753v6 REVISED EXHIBIT Al LEASE DESCRIPTION (11.1 S) PROJECT NUMBER: GA 1239-57-2 DATE: MAY 22, 2018 PROJECT: ORANGE COUNTY SANITATION DISTRICT TREATMENT PLANT #2 800 MHz SYSTEM All that certain real property shown as item 7(a)on the site plan marked Revised Exhibit B,attached hereto and made a part hereof, being a portion of that certain wastewater treatment plant located at 22212 Brookhurst Street in Huntington Beach, County of Orange, State of California, and located on a map recorded as an exhibit to grant deed recorded in Book 8485, page 360 of official records in the office of the County Recorder for the County of Orange, consisting of approximately 4,784 square feet. First Amendment to Lease Page 11 of 22 O.C.Sanitation District LEGAL02/38756753v6 LOCATION AIAP � r ,,.1. BRO)O K111 R1,1 S IR1 I I 7, PLOT PLAN r r"awd%man"N, GA 1239-57-2 COUNTY OF ORANGE First Amendment to Lease Prepared lh-:AAB SHERIFF CO'-\IAILIICATIONS From OC Sanitation District#2 APNs:114-160-36 for Exclusive-Use of fenced area housing &43 Approx.4,784 sf Communications Facility. Date: 10-21-18 REVISED EXHIBIT B1 First Amendment to Lease Page 12 of 22 O.C.Sanitation District LEGAL02/38756753v6 EXHIBIT C JITNEY CONTRACT [see attached] First Amendment to Lease Page 13 of 22 O.C.Sanitation District LEGAL02/38756753v6 DocuSign Envelope ID:99F97778-370D-46EF-8782-E4C54715DAF6 Attachment A County of Orange,OCPublic Works CT-080-19010779 OCSheriff Communications Relocate Communicadons Building at Huntington Beach Project CONTRACT This Contract is made and entered into the day of ,April,20_,by and between the COUNTY of ORANGE,a political subdivision of the State of California,herein referred to as,"OWNER",and Jitney Company,lnc.,herein referred to as"Contractor". OWNER and Contractor agree as follows: 1. CONTRACT DOCUMENTS 2. Contract Documents,which together comprise the complete Contract between OWNER and Contractor,consist of the following: the Bid; this Contract; the General Conditions; Supplementary General Conditions; the Non- collusion Declaration:Addenda and Bulletins;Attachments:Appendices:Plans:and Specifications mentioned in any Contract Documents;and all modifications and amendments to the foregoing issued after the date of execution of the Contract,including Amendments and Change Orders.The Contract Documents also include the Faithful Performance Bond and the Labor and Material Payment Bond.The Contract Documents are complementary,and what is called for by any one shall be as binding as if called for by all. 3. SCOPE OF WORK Contractor shall perform all work as required by, and in strict accordance with, the Contract Documents(the "Project") for the Orange County Sheriff Communications Relocate Communications Building at Huntington Beach Project. Contractor shall provide and furnish all labor, project management, supervision, funding administration, planning, scheduling, materials, testing, commissioning, inspection, quality control, tools, equipment,services and all transportation services in adequate quantity and quality to accomplish completion of the work as specified and all work inferred as necessary within the time period set forth. The work shall conform to the Construction Documents and all codes,regulations,laws,etc.referenced in the Contract Documents or by industry standard,including General Requirements,Division 01—011100 Summary of Work. 3. CONTRACT PRICE,CONTINGENCY AND TIME 3.1 CONTRACT PRICE OWNER shall pay Contractor for all work required by the Contract Documents the Contract Price of Six Hundred Ninety-Six Thousand Three Hundred Sixty-Five Dollars($696,365.00),as it may be adjusted pursuant to the "CHANGES" Section of the General Conditions, and in accordance with the "PAYMENTS" Section of the General Conditions. 3.2 CONTRACT TIME Within 10 calendar days of the award of the Contract,Contractor shall submit to OWNER for its review bonds (as detailed below);proof of insurance. If OWNER rejects the submitted documents, Contractor will have 5 additional calendar days to resubmit. if Contractor fails to submit documents within the required time(s),the Contract Time(as defined below)will be reduced by the number of days which exceed the time for submittal.if Contractor fails to submit acceptable documents by the second submission,OWNER may,at its sole discretion, proceed to award the Contract to the next lowest responsive,responsible bidder or reduce the Contract Time by the number of days between OWNER's rejection of the second submission and OWNER's approval of the documents. CO19625 Page 1 of 6 First Amendment to Lease Page 14 of 22 O.C.Sanitation District LEGAL02/38756753v6 DocuSign Envelope ID:99F97778-370D46EF-8782-E4C54715DAF6 Attachment A County of 0-ange,OCPublic Works CT-080-19010779 OC Sheriff Communications Relocate Communications Building at Huntington Beach Project Upon OW NER's approval of the bonds insurance,and initial job Construction Schedule,OWNER will deliver to Contractor a signed copy of the Contract and a Notice to Proceed with the work. Contractor shall not commence construction until OWNER issues the Notice to Proceed. Contractor shall complete all work required by the Contract Documents within 90(ninety)calendar days of the effective date of the Notice to Proceed("Contract Time"). The Contract Time includes zero days of anticipated weather days necessitating stoppage of work,and a time extension due to rain or other adverse weather conditions will only be granted in accordance with the"DELAYS DUE TO WEATHER AND FORCE MAJEURE"Section of the General Conditions. The OWNER and Architect will not be responsible for the failure of the Contractor to plan,schedule,and execute the work in accordance with the approved schedule or the failure of the Contractor to meet the Contract completion dates or the failure of the Contractor to schedule and coordinate the work of his own trades and subcontractors or to coordinate with others separate Contractors. 4. BONDS Within 10 calendar days after award of the Contract,the successful Contractor shall furnish a Faithful Performance Bond and a Labor and Material Payment Bond,each in an amount equal to 100%of the Contract Price,issued by a surety in accordance with the requirements of the General Conditions of the Contract.The bonds shall be in the form of the models included in the Invitation for Bid Documents,and must be approved by OWNER's Risk Manager and County Counsel.The successful Contractor shall submit the bonds in duplicate,all of which shall bear original signatures. The signature of the surety representative must be notarized. 5. LIQUIDATED DAMAGES In accordance with Government Code Section 53069.85,Contractor agrees to forfeit and pay to OWNER the sum of six hundred&twenty five($625)per day("Liquidated Damages")for each calendar day that completion of all the work required by the Contract Documents is delayed beyond the Contract Time,as may be adjusted by Change Order.OWNER may deduct such sum from any payments due to or to become due to Contractor.If the Liquidated Damages exceed the unpaid balance of the Contract Price otherwise owed to CONTRACTOR, then CONTRACTOR shall immediately pay OWNER the difference 6. CONTRACTOR SHALL PERFORM 51 %OR MORE OF THE WORK Contractor shall be capable of performing,and shall perform with its own organization,work amounting to at least 51 %of the Base Bid Amount. However,any Bid Item designated as a specialty bid item will be excluded from the Base Bid Amount for purposes of this Section only. 7. EMPLOYEE ELIGIBILITY VERIFICATION Contractor hereby certifies that it complies with all applicable laws and regulations regarding the eligibility of its employees to work in the United States,and that all of its employees performing work under this Contract meet all citizenship or immigration status requirements to do so. Contractor shall obtain all documentation necessary to verify the employment eligibility status of covered employees as described by U.S.Citizenship and Immigration Services Form 1-9. Contractor shall retain such documentation for the period prescribed by law.Contractor shall indemnify, defend with counsel approved in writing by OWNER,and hold harmless the OWNER, its agents, officers, and employees from any sanctions or liability that may be assessed in connection with any alleged violation of federal or State laws or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. 8. SECURING WORKERS'COMPENSATION INSURANCE CERTIFICATION Contractor,by executing this Contract,hereby certifies: C019625 Page 2 of 6 First Amendment to Lease Page 15 of 22 O.C.Sanitation District LEGAL02/38756753v6 DocuSign Envelope ID:99F97778-370D46EF-8782-E4C54715DAF6 Attachment A County of 0-ange,OC Public Works CT-080-19010779 OC Sheriff Communications Relocate Conimunicadons Building at Huntington Beach Project "1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to he insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 9. PARTIES'REPRESENTATIVES 9.1 OWNER'S REPRESENTATIVES 9.1.1 OC Public Works.The Project is under the general direction of OW NER's Board of Supervisors. The Board of Supervisors authorizes OC Public Works Director to be OWNER's representative in connection with the Project. 9.1.2 OWNERS's Project Manager: The Project Manager shall be Frank Cristaldi unless OC Public Works Director designates in writing an alternate person who will act as OWNER's representative during construction of the Project. Unless otherwise expressly stated in the Contract Documents, OWNER's designated representative will issue and receive all written communications on behalfof OWNER for the Project.The designated representative shall also coordinate any communications to or from OWNER's Architect-Engineer("A-E")in connection with the Project.OWNER's Project Manager is the OWNER's exclusive contact agent to the Contractor with respect to this Project during construction and until the completion of the Project. The OWNER's communications with the Contractor and A-E shall be exclusively through the OWNER's Project Manager, Project Manager shall manage the routine responsibilities of OWNER,but is not authorized to make decisions for OWNER that materially affect this Contract or create additional legal liabilities for OWNER. 9.1.4. The OWNER will not be responsible for the acts or omissions of the Contractor, or any subcontractor, or any Contractor's or subcontractor's agents or employees, or any other persons performing any ofthe work. 9.2 OWNER OWNER has the final authority in all matters affecting the work OWNER has the authority to enforce Contractor's compliance with the Contract Documents.OWNER's decision is final and binding on all questions relating to:quantities:acceptability of material,equipment,or work;execution,progress,or sequence of work; and interpretation of the Contract Documents.All labor,materials,tools,equipment furnished by Contractor and all work perfbrmed by Contractor shall be subject to the approval of OWNER. 9.2.1 The OWNER and A-E shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work,and will not be responsible fur the Contractor's failure to carry out the work in accordance with the Contract Documents. 9.2.2 The OWNER and A-E will not be responsible for the failure of the Contractor to plan,schedule, and execute the work in accordance with the approved schedule or the failure of the Contractor to meet the Contract completion dates or the failure of the Contractor to schedule and coordinate the work of his own trades and subcontractors or to coordinate with others separate Contractors. 9.2.3. The OWNER will not be responsible for the acts or omissions of the Contractor, or any subcontractor, or any Contractor's or subcontractor's agents or employees, or any other persons performing any of the work. C019625 Page 3 of-6 First Amendment to Lease Page 16 of 22 O.C.Sanitation District LEGAL02/38756753v6 DocuSlgn Envelope ID:99F97778-370D-46EF-8782-E4C54715DAF6 Attachment A County of Orange,OCPublfc Works CT-080-19010779 OC Sheriff Communications Aelocate Cornfnunicadons Building at Huntington Beach Project 9.3 CONTRACTOR'S REPRESENTATIVES 9.3.1 Representative and Alternate: Before starting work, Contractor shall designate in writing a representative who shall have complete authority to act for it.Contractor may also designate an alternate representative with complete authority to act for it.OWNER may rely on such representative or alternate as having the authority to execute Change Orders in any amount unless Contractor identifies to OWNER in writing the officer(s)or employee(s)with such authority. Any order or communication given to this representative shall be deemed delivered to Contractor. In the absence of Contractor's representative, instructions or directions may be given by OWNER to the project manager or superintendent.Such order shall be complied with promptly and referred to Contractor or its representative. Contractor's representative and alternate must be able to read,write,and speak English fluently. 9.3.2 Contractor's Project Manager: Contractor shall provide the services of the project manager. Contractor's project manager,if different than designated representative,shall represent Contractor in the absence of Contractor's designated representative or alternate, and all directions given to the project manager shall be binding as if given to Contractor. OWNER may require Contractor to replace the project manager whose conduct or performance is unsatisfactory.Contractor shall not change its project manager without OWNER's consent unless the project manager is unsatisfactory to Contractor or ceases to be in Contractor's employ.if Contractor's project manager leaves the Project,Contractor shall replace him or her within 24 hours(unless additional time is agreed upon by OWNER)with a new,well-qualified project manager acceptable to OWNER. 9.3.3 Superintendent(s): Contractor shall provide the services of the superintendent(s). A superintendent shall be present at the work site whenever work is in progress including whenever weather conditions necessitate its presence to take measures necessary to protect the work,persons,or property. Contractor's superintendent shall represent Contractor in the absence of Contractor's designated representative, alternate or project manager, and all directions given to the superintendent(s) shall be binding as if given to Contractor. The superintendent must read, write, and speak English fluently. OWNER may require Contractor to replace a superintendent whose conduct or performance is unsatisfactory. Contractor shall not change its superintendent without OWNER's consent unless the superintendent is unsatisfactory to Contractor or ceases to be in Contractor's employ. if Contractor's superintendent leaves the Project,Contractor shall replace him or her within 24 hours(unless additional time is agreed upon by OWNER)with a new,well-qualified superintendent acceptable to OWNER. 9.3.4 Emergency Contacts: Contractor shall provide OWNER with a list of names and telephone numbers at which Contractor's representative,alternate,superintendent,and other key personnel can be reached during non-working hours in the case of an emergency. 10. GOVERNING LAW AND VENUE—CODE OF CIVIL PROCEDURE SECTION 394 This Contract has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent j urisdiction located in Orange County,California,and the parries hereto agree to and hereby submit to the jurisdiction of such court,notwithstanding Code of Civil Procedure Section 394. The parries specifically agree that by soliciting and entering into and performing services under this Contract,the Contractor shall be deemed to constitute doing business within Orange County from the time of solicitation of work,through the period when all work under this Contract is completed,and continuing until the expiration of any applicable limitations period. Furthermore,the parties have specifically agreed,as part of the consideration given and received for entering this Contract,to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394. C019625 Page 4 of 6 First Amendment to Lease Page 17 of 22 O.C.Sanitation District LEGAL02/38756753v6 DocuSign Envelope ID:99F97778-370D-46EF-8782-E4C54715DAF6 Attachment A County of flange,OCPublic Works CT-080-19010779 OC Sheriff Communications Relocate Communications Building at Huntington Beach Project 11. SIGNATURE REQUIREMENTS The Contract must be signed by officer(s)authorized to bind Contractor.If documentation demonstrating express authority is not provided, then the Contract must be signed by those officers with apparent authority to bind Contractor.If Contractor is a corporation,such signatures must comply with Corporations Code Section 313,as follows: 1) One signature by the chairman of the board,the president,or any vice president;and One signature by the secretary,any assistant secretary,the chief financial officer,or any assistant treasurer. 12. ENTIRE CONTRACT The Contract Documents represent the entire and integrated agreement between OWNER and Contractor and supersede all prior representations, statements, or agreements concerning the subject matter of this Contract, whether verbal or written. C019625 Pq c n(h First Amendment to Lease Page 18 of 22 O.C.Sanitation District LEGAL02/38756753v6 DocuSign Envelope ID:99Fg7778-370D46EF-8782-E4c54715DAF6 Attachment A County of Orange,OCPublie Works CT-080-19010779 OC Sherijj Communications Relocate Cofntnunicadons Building at Huntington Beach Project IN WITNESS WHEREOF,the Parties hereto have executed this Contract on the dates opposite their respective signatures: Jitney Company,Inc. a California Corporation Da1c.2/21/2019 By James Cunningham - President Print Name&Title (If a corporation,the document must be signed by two corporate officer;.The 1"must be either Chairman of the Board,President or any Vice President.) Date?/26/2019 By Don Nichols - CEO/Treasurer Print Name&Title (If a corporation, the 2nd signature must be either the Secretary, an Assistant Secretary, the Chief Financial Officer,or any Assistant Treasurer.) COUNTY OF ORANGE, a political subdivision of the State of California Date: By Deputy Purchasing Agent County of Orange,California Dale:2/26/2019 APPROVED AS TO FORM Office of the County Counsel Orange County,California By.Justin Graham) Deputy C019625 Page 6 o/6 First Amendment to Lease Page 19 of 22 O.C.Sanitation District LEGAL02/38756753v6 EXHIBIT D COUNTY'S CERTIFICATE OF SELF-INSURANCE [see attached] First Amendment to Lease Page 20 of 22 O.C.Sanitation District LEGAL02/38756753v6 • COUNTY OF ORANGE CERTIFICATE OF SELF-INSURANCE Office of Risk Manaernen,. r,no w Santa Ana Blvd., Ste. 104,Santa Ana, CA 9271 01 CQverace This is to certify that the County of Orange is self-insured for the following coverage: Type of(:overage Self-lnsaraace Limit General Liability: Bodily Injury and Property Damage $5,000,000 per occurrence $5,000,000 aggregate Automobile Liability: Vehicles owned,non-owned and hired $5,000,000 per occurrence Terms, Conditions and Special Items: The provisions under General Liability,above, shall apply only with respect to claims arising out of the negligent acts or omissions of the County of Orange, its officers.agents and employees or any other person under its direction and control, Caoce Should any of the above described self-insured coverages be modified or cancelled before the expiration date shown below, the County of Orange will provide 30 days wtinen notice to the named certificate holder. Ctrtifieale Holder Certificate Effective Date: OVOYIS Orange County Sanitation District Certificate Expiration Date_0905r23 10944 Ellis Avenue Fountain Valley,CA 92728-912 7 ATTN: Clerk Of the Board RE: Agreement GA-1239-57-2 —� 22212 Brookhurst Street,Huntington Beach.CA 92646 Manager,Risk Management DATES: May 5, 2018 - May 4,2023 ('14)285-5500 Date Certrfteate issued- Owl&)9 First Amendment to Lease Page 21 of 22 O.C.Sanitation District LEGAL02/38756753v6 2MIS EVIDENCE OF PROPERTY COVERAGE rQW4=1 T"EVMENCE 1618SLAW AB A YATTOR OF rNPORMMTION OMY AX0 COkS 00 RIDNTE ATOM ntE AODRIONAL MEREST.THE EV©ENCE.DOES NOT AFFT4MATTVELY OR MEOATFeELY AYED10,EXTUIrrD OR ALMN TIrE CDVERAGE AFFORDED BELOW.THIS EVI eNCE OF CO%43VAE DOES OCT CCHSIMM A DWIRACT BETWEEN TT-E;W"%G S56REA(SL MrnfORIZED REPRF3WXTATr.%ON 10*00. X,AMD ADCT110WiL WnAf3T. CSAC Excess lnsuranco AutlTorfly(CSAC EIA) BY A-MAC Excess Insurance A CJO ALLLWT INSURANCE SERVICES. INC udxwtty PO BOX ow NEVWORT BEACH,CA 62SS88i50 BY: 9- PHONE(940 7M-07T1 1 FAX(818)Gff�0W 1 LXGSN E 00C3086 1MMINA room I� Waal" OPANK COLD(ry %Ml EIAPPRIS-21 RM BOV&IG EMENT OCPAR TME►AT Ia�Ica►Kd OAtti(InLOOIwTY1 �P.O. ANk CA 92102 03/31/2019 OY31=" 0 p "am MaLma- Laxml/oF>'I�I�r AS RESPECTS COURSE OF CONSTRUCTM AGREEh(EWT BETWEEN OR WX COUNTY AND ORANGE COUNTY WUTATION OISTRICT OC-SSir). "SANITATION 09 1 MCT4lH.00 ATE COMMLIOC1TXkr3 BULLXMG AT 22202 BROMOLA T.KLWTi%;GTON BEACK CA (REGIONAL 800 W}Z 00rtn UirATIOM SYSTFTt M AA.UE TMOAM, ORANGE COkX Y SAICTATION C39TRlCT,rTS 01RECTORS,OFP11CIERS.ALiWM,CONSULTANTS AND EKKOYEEB ARE NAA!ED AS I.DSS PAYEE AS THM XTEIRE4TS WAY APPEAR. rAW M M C ERMT TH AI TNT 19131SORA&MASS Or,COIIERAOS L SMM ABOVE NA%4E SE"03LM TO TNZ Mlles RAMW ABOVE FOR TIE PEiWO UDCATUX N0TV TTNWrAXV=AXY IWIMS 010sfT T10121 OR OONDIrtll OF ANY COWTRACT OR OrNM DOCI ff WM RESPECT TD_CCN TICB 61ITaBlQlE BUT BE WMA D OR MAY PIYRAOS TIC COVZRAOE Afmw Wr"a:ICMW DJ113 DLOvRISED Nl a BtaJE'T 110 ALL TERUS. EXCLI.181010B,AND COIOXTIO S OF 81R11 gooloaAMDML I Mfg 401001001 MAY MAYi Oml RmNC®BY PAID CLAOM A1alsR op swum"E ALL RM OF DIRECT PNYSr-AL LOSS OR DA lAAGF-INOW0010 FWW -- — sis poo.am .cn Lu Kp ALL RM AM EART1 kkVQE LY E X�LIIED.EARTNOUMCE UNIT IS NOT AP9LVIABlE lf3A.070.000 F69 OCtivw AQXA REPAN OR RETLA EAaWT 0067 VALLAATTOM SL&jECT TO WEVORmOUM OF COVg1AGt-PRONBIONS K;R EAW►IatioE %UaDLEAMAES ARE AJ&i13T TO ACTVJI CAS"VA"OR RCPL*CfAWMT COST POI 3CN=tI ON"-t WlTN rwt AUT11pw" ILL LASTS APW SHAAM ALL RM OF ELT WfVCAL LOW OR lD1YAM MXCLLMMO FLOW AND 6AfTTTIDW10r7 510.CW PER O t;( A OE AS PER 901MLILE On FILE YWTN THE ALITNOWr`/ FLOOD MAW OICEPT FOR CRMCAL FLOOD(LOCATXM rN FOdA FLOOD ZONE A OR V)DEV(X-ratE IS 2100m0 VET.=I:S AND N 1i Flf.&CLUP lLNT lF OOHERRAGE A SCWDILID AND P11AOKSED,DMICTTBLE-APPLES PER$0093RAE ON FILE WM THE AICr11gRTrY- 5 4=D ANY OF T1E A&0 E OEKNBED L®rORAMOUTA)OF COVEIVSGE 8L CAMGFUSD BSORf 11fE[70R11A1r0N Ou►Ti TTIOM)OP.M7TIC41NRL BS DEL.fVERED?I ACXCRDIMCE V&TM TM L®NOPUINDIWA 31 OF COYSIA"PROWSCM.TS lksawr MW AID ACDMM "rim OF 0(nift T ORANGE COUNTY SAN!"TATION DISTRICT l l WUNTCaAGLC ATTAt CLERK OF THE BOARD 10844 ELLIS AVE L—X—j LOSS PAYEE (QTKwq FOUNTAIN VALLEY,CA 92M ALATMaI@91�!!f T>1 TR! ow First Amendment to Lease Page 22 of 22 O.C.Sanitation District LEGAL02/38756753v6 Project No.: GA 1239-57-1 Project Name: 800 MHZ Project Location: O.C. Sanitation District Treatment Plant#2 800 MHZ Lease Agreement 1 TH_IS,LEASE AGREEMENT, ("Lease") is made, and entered into, to be effective the day of 2 ,!% , 19_P by and between the County Sanitation District No. 1 of Orange County, 3 Califorrrna for itself and as agent for County Sanitation Districts Nos. 2, 3, 5, 6, 7, 11, 13 and 14 4 of Orange County, California, hereinafter referred to as "DISTRICT", and the County of Orange, 5 a body corporate and politic, hereinafter referred to as "COUNTY". 6 7 8 RECITALS 9 10 A. DISTRICT is the owner of that certain parcel of real property in the City of Huntington 11 Beach, County of Orange, State of California, commonly known as Treatment Plant#2. It is 12 located generally in the area bounded by Brookhurst Street on the west, the Santa Ana River on 13 the east and Pacific Coast Highway on the south and a boundary wall separating residential 14 property located approximately 300 feet south of Hamilton Street on the north. 15 16 B. COUNTY desires and DISTRICT agrees to lease a portion of such real property to 17 construct, maintain and operate a radio mobile/wireless communications system and 18 appurtenant structures including an antenna tower thereon. 19 20 In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed 21 as follows: 22 23 1. PREMISES (1.2 S) 24 DISTRICT leases to COUNTY that certain real property hereinafter referred to as the "Premises" 25 described in "Exhibit A" and shown on the sketch to accompany description, as "Exhibit B", 26 which exhibits are attached hereto and by reference made a part hereof. 27 28 2. USE (2.1 S) 29 The Premises may be used by COUNTY during the term of this Lease for any lawful activity 30 directly related to and in connection with the construction, installation, operation and 31 maintenance of a radio wireless communications system and appurtenant structures, including 32 without limitation, the installation of a tower, not to exceed a height of 150 feet, for the 33 transmission and the reception of radio communication signals on various frequencies and the 34 construction, maintenance and operation of related communications facilities. 35 36 District shall be allowed to let to new radio/telecommunications lessees/licenses near Premises 37 so long as new lessees transmission/reception signals do not interfere with County's operations 38 of the 800 MHz system. In the event such new lessee/licensee transmissions/receptions 1 Revision Date: 3/11/98 Project No.: GA 1239-57-1 Project Name: 800 MHZ Project Location: O.C. Sanitation District Treatment Plant#2 1 interfere with County's operations, District shall require new lessee/licensee to modify its 2 communications equipment so as to eliminate said interference. 3 4 3. COMPLIANCE WITH THE LAW 5 COUNTY shall, at its sole cost and expense, comply with all the requirements of municipal, state 6 and federal authorities now in force or which may hereafter be in force pertaining to the use of 7 said Premises, and shall faithfully observe in the use of said Premises, all municipal ordinances 8 and regulations, and state and federal statutes and regulations now in force or which may 9 hereafter be in force, and obtain all necessary permits or licenses. Without predetermining in 10 any respect the exercise of discretion vested in the legislative body of DISTRICT, DISTRICT 11 agrees to reasonably cooperate with COUNTY, at COUNTY's expense, in making application for 12 and obtaining all licenses, permits and any and all other necessary approvals that may be 13 required for COUNTY's intended use of the Premises. 14 15 4. TERMINATION OF PRIOR AGREEMENTS (1.4 S) 16 It is mutually agreed that this Lease shall terminate and supersede any prior agreement 17 between the parties hereto covering all or any portion of the Premises, EXCEPT that all 18 personal property and/or equipment (e.g., antennas, fuel tanks, equipment building, tower 19 communications equipment) attached to and/or placed upon any portion of the Premises by 20 COUNTY pursuant to the terms of any prior agreement between the parties hereto shall remain 21 the personal property of COUNTY. 22 23 5. TERM (2.2A S) 24 The term of this Lease shall be twenty (20) years, commencing on the effective date. 25 26 6. EQUIPMENT OWNERSHIP (N) 27 At the end of the Lease, or abandonment by COUNTY, ownership of the tower and all 28 equipment (e.g., antennas, fuel tanks, equipment building, tower, and communications 29 equipment) shall remain the property of COUNTY. If COUNTY does not intend to use this 30 equipment, then the COUNTY shall demolish and remove all equipment, at its sole expense, 31 within one hundred twenty (120) calendar days after expiration of the term, or abandonment 32 thereof. 33 34 In the event the COUNTY fails to demolish and remove this equipment within the required time 35 period, then DISTRICT can make arrangements to have this equipment removed by a third party 36 and the COUNTY agrees to reimburse DISTRICT for all reasonable costs associated with this 37 action. 38 39 7. OPTION TO TERMINATE LEASE (2.4 S) 40 DISTRICT shall have the option at its sole discretion, to terminate this Lease at any time upon 41 giving the other party written notice at least two (2) years prior to the effective date of 42 termination. COUNTY shall have the option at its sole discretion, to terminate the Lease at any 2 Revision Date:3/11/98 Project No.: GA 1239-57-1 Project Name: 800 MHZ Project Location: O.C. Sanitation District Treatment Plant#2 1 time upon giving DISTRICT written notice at least one hundred twenty (120) days prior to the 2 effective date of termination. 3 4 8. OPTION TO EXTEND TERM (2.3 S) 5 COUNTY shall have the option to extend the term of this Lease for two (2) additional five-year 6 periods on the same terms and conditions upon written notification to the other party of the 7 exercise of said option at least sixty (60) days prior to the Lease termination date. 8 9 9. RENT (3.1 N) 10 As consideration for the lease of the Premises as described herein, COUNTY and DISTRICT 11 agree: 12 13 A. That COUNTY will pay annually, as rent for the Premises the sum of Four Thousand 14 Two Hundred ($4,200) Dollars commencing on the third anniversary of the 15 commencement date of this Lease. Rent shall be due and payable on said third 16 anniversary, and thereafter, on every remaining anniversary of the commencement date 17 of this Lease throughout the remaining term of this Lease and any extension thereof. 18 19 B. That COUNTY will purchase, provide, and install two control stations for DISTRICT's use 20 for those transmissions necessary to perform joint coordination during emergency 21 situations where there is imminent danger to life and property or to coordinate disaster 22 operations (hereinafter referred to as "Mutual Aid"). Said control stations shall be 23 provided by COUNTY at no cost to DISTRICT in lieu of COUNTY rental payments for the 24 first three years of the lease term. One control station each shall be installed at each of 25 the DISTRICT's two sanitation treatment plants. Ownership of said control stations shall 26 transfer to DISTRICT at the end of the third year of the Lease term. 27 28 C. DISTRICT, for the entire term of this Lease Agreement, shall have Mutual Aid access to 29 and use of the 800 MHz System during emergency or disaster operations of the 30 DISTRICT, through use of the two control stations designated above, at no cost to the 31 DISTRICT. For access to and use of the 800 MHz system for all other regular 32 operational purposes, DISTRICT shall apply to join the 800 MHz Countywide 33 Coordinated Communication System (CCCS) and pay all required costs and charges as 34 determined by the 800 MHz Governance Committee at the time of approval. 35 36 D. In recognition of the accommodation and support provided by the DISTRICT in granting 37 this lease, COUNTY will support DISTRICT's application to join the 800 MHz CCCS at a 38 future date on the most favorable terms; acknowledging that ultimate approval of the 39 application rests with the 800 MHz Governance Committee. 40 41 42 3 Revision Date:3/11/98 Project No.: GA 1239-57-1 Project Name: 800 MHZ Project Location: O.C. Sanitation District Treatment Plant#2 1 10. ALTERATIONS (4.4 S) 2 COUNTY may make improvements and changes in the Premises, including but not limited to the 3 installation of communications equipment and fixtures, partitions, counters, shelving and other 4 equipment as deemed necessary subject to the prior written consent of DISTRICT. It is agreed 5 that any such communications equipment, fixtures, partitions, counters, shelving and other 6 equipment attached to or placed upon the Premises by COUNTY shall be considered the 7 personal or real property of COUNTY, who shall have the right to remove said property. 8 9 11. REPAIR AND MAINTENANCE SERVICES (5.1 N) 10 COUNTY shall provide at its own cost and expense all repair and maintenance services 11 (including fire extinguishers), to the Premises and the improvements thereon. 12 13 12. UTILITIES (5.2 S) 14 COUNTY shall be responsible to pay, prior to the delinquency date, all charges for utilities 15 supplied to the Premises. 16 17 13. PROPERTY INSURANCE (5.3 N) 18 Prior to COUNTY❑S entrance upon the Premises, COUNTY shall provide written evidence of 19 the required insurance on a form acceptable to DISTRICT. In the event that COUNTY provides 20 evidence of insurance, DISTRICT shall, at all times, have the ability to inspect and receive 21 copies of said insurance policy or policies. COUNTY shall maintain throughout the term of this 22 Lease insurance coverage for fire and other hazards, casualties, liabilities and contingencies as 23 included within an all risk extended coverage hazard insurance policy with extended coverage 24 on the Premises to the full insurable value of improvements located on the Premises. COUNTY 25 shall have the option to self-insure for all COUNTY insurance requirements pursuant to this 26 Lease. In the event that COUNTY chooses to self-insure the coverage, written notice to that 27 effect shall be provided instead of the evidence of insurance. In such event, DISTRICT shall be 28 provided a detailed written report setting forth the adopted policies and programs of COUNTY 29 authorizing the self-insurance (i.e.: a certificate of insurance). 30 31 14. INDEMNIFICATION (5.5 S) 32 COUNTY shall defend, indemnify and save harmless DISTRICT, its officers, agents and 33 employees, from and against any and all claims, demands, losses or liabilities of any kind or 34 nature including reasonable attorney fees and litigation costs which DISTRICT, its officers, 35 agents and employees may sustain or incur or which may be imposed upon them for injury to or 36 death of persons, or damage to property as a result of, or arising out of, the sole negligence of 37 COUNTY, its officers, agents, employees, subtenants, invitee, or licensees, in connection with 38 the use of the Premises by COUNTY. Likewise DISTRICT shall defend, indemnify and save 39 harmless COUNTY, its officers, agents and employees from and against any and all claims, 40 demands, losses, or liabilities of any kind or nature including reasonable attorney fees and 41 litigation costs which COUNTY, its officers, agents and employees may sustain or incur or which 42 may be imposed upon them for injury to or death or persons, or damage to property as a result 4 Revision Date:3/11/98 Project No.: GA 1239-57-1 Project Name: 800 MHZ Project Location: O.C. Sanitation District Treatment Plant#2 1 of, or arising out of, the sole negligence of DISTRICT, its officers, agents, employees, invitee, or 2 licensees, in connection with the ownership or use of the Premises. 3 4 15. ASSIGNMENT (6.1 S) 5 COUNTY shall not assign this Lease without the prior written consent of DISTRICT, which 6 consent shall not unreasonably be withheld. 7 8 In the event COUNTY desires to assign this Lease, COUNTY shall deliver all documents relating 9 to such assignment to DISTRICT and DISTRICT shall respond within thirty (30) days after 10 receipt of all documents relating to such assignment that it consents or does not consent to such 11 assignment on the same terms as those proposed. 12 13 In the event DISTRICT consents to any proposed assignment contemplated hereunder, 14 COUNTY shall have no further liability under this Lease from and after the effective date of such 15 assignment, provided the Assignee of the lease assumes the lease without change to the terms 16 and conditions, except as agreed to, in writing, by the DISTRICT. 17 18 16. SUBLEASE (6.2 S) 19 COUNTY shall not sublet all or any part of the Premises without the prior written approval of 20 DISTRICT. 21 22 17. DEFAULTS AND REMEDIES (6.9 N) 23 The occurrence of any of the following shall constitute an event of default: 24 25 Failure to perform any obligation, agreement or covenant under this Lease. 26 27 In the event of any breach of this Lease by COUNTY, DISTRICT shall notify COUNTY in writing 28 of such breach, and COUNTY shall have thirty (30) days in which to initiate action to cure said 29 breach. 30 31 In the event any breach of this Lease by DISTRICT, COUNTY shall notify DISTRICT in writing of 32 such breach and DISTRICT shall have thirty (30) days in which to initiate action to cure said 33 breach. 34 35 18. NOTICES (9.1 S) 36 All written notices pursuant to this Lease shall be addressed as set forth below or as either party 37 may hereafter designate by written notice and shall be deemed delivered upon personal 38 delivery, delivery by facsimile or other electronic telecommunication with date/time delivery 39 confirmation, or 72 hours after deposit in the United States Mail. 40 41 42 5 Revision Date:3/11/98 Project No.: GA 1239-57-1 Project Name: 800 MHZ Project Location: O.C. Sanitation District Treatment Plant#2 1 TO: DISTRICT TO: COUNTY 2 3 County Sanitation Districts of Orange County County of Orange 4 10844 Ellis Avenue O.C.S.D./Communications 5 Fountain Valley, CA 92728-8127 840 N. Eckhoff St., Suite 104 6 (714) 962-2411 (phone) Orange, CA 92868-1021 7 (714) 962-8379 (fax) (714) 704-7900 (phone) 8 (714) 704-7902 (fax) 9 10 19. ATTACHMENTS (9.2 S) 11 This Lease includes the following, which are attached hereto and made a part hereof: 12 13 I. GENERAL CONDITIONS 14 II. EXHIBITS 15 A. Description - Premises 16 B. Plot Plan — Premises 17 18 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first 19 above written. 20 21 APPROVED AS TO FORM: DISTRICTS 22 23 Thomas L. Woodruff County Sanitation District No. 1 24 General Counsel, CSDOC of Orange County, California for 25 itself and as agent for County 26 � Sanitation Districts Nos. 27 By: 1 / 3, 5, 6, 7, 11, 13 and 14 28 29 Dated: Ti�� 1998 By: w. 30 Chair, Board of Direct s 31 �fr , 1998 32 Dated: v� 33 34 By: 35 Penny Kyl , B a d Secretary 36 37 Dated: A _, 1998 38 39 40 41 42 6 Revision Date:3/11/98 Project No.: GA 1239-57-1 Project Name: 800 MHZ Project Location: O.C. Sanitation District Treatment Plant#2 1 RECOMMENDED FOR APPROVAL: 2 3 O.C.S.D./Communications 4 5 By: 92?=�d 6 7 8 Dated: 1998 9 10 Laurence M. Watson 11 O.C.S.D. Real Estate COUNTY VU El- 12 13 By: By: 14 Re Property Agent 15 16 Dated: _ ' 1998 Dated: 1998 17 18 19 20 SIGNED AND CERTIFIED THAT A 21 COPY OF THIS DOCUMENT HAS 22 BEEN DELIVERED TO THE 23 CHAIRMAN OF THE BOARD COUNTY 24 e Y 25 � � �' �"� �� COUNTY OF ORANGE 26 DARLENE J. BLOOM 4 0 V'.' e 27 Clerk of the Board of Supervisors of `R< N•P By: _ 28 Orange COUNTY, California Chairman, E and of Supervisors 29 30 Dated: MAY 5 199P, , 1998 Dated: y'lY 4r' ` 1998 7 Revision Date:3/11/98 1 GENERAL CONDITION(S) 2 3 4 1. LEASE ORGANIZATION (10.1 S) 5 The various headings of this Lease, the numbers thereof, and the organization of the Lease into 6 separate sections and paragraphs are for purposes of convenience only and shall not be 7 considered otherwise. 8 9 2. INSPECTION (10.2 S) 10 DISTRICT or his authorized representative shall have the right at all reasonable times to inspect 11 the Premises to determine if the provisions of this Lease are being complied with. 12 13 3. SUCCESSORS IN INTEREST (10.3 S) 14 Unless otherwise provided in this Lease, the terms, covenants and conditions contained herein 15 shall apply to and bind the heirs, successors, executors, administrators and assigns of all the 16 parties hereto, all of whom shall be jointly and severally liable hereunder. 17 18 4. AMENDMENT (10.5 S) 19 This Lease sets forth the entire agreement between DISTRICT and COUNTY and any 20 modification must be in the form of a written amendment. 21 22 5. PARTIAL INVALIDITY(10.6 S) 23 If any term, covenant, condition or provision of this Lease is held by a court of competent 24 jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall 25 remain in full force and effect and shall in no way be affected, impaired or invalidated. 26 27 6. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (10.7 S) 28 If either party hereto shall be delayed or prevented from the performance of any act required 29 hereunder by reason of acts of God, performance of such act shall be excused for the period of 30 the delay; and the period for the performance of any such act shall be extended for a period 31 equivalent to the period of such delay. Financial inability shall not be considered a circumstance 32 excusing performance under this Lease. 33 34 7. WAIVER OF RIGHTS (10.9 S) 35 The failure of DISTRICT or COUNTY to insist upon strict performance of any of the terms, 36 conditions and covenants in this Lease shall not be deemed a waiver of any right or remedy that 37 DISTRICT or COUNTY may have, and shall not be deemed a waiver of any right or remedy for 38 a subsequent breach or default of the terms, conditions and covenants herein contained. 39 40 8. HOLDING OVER (10.10 S) 41 In the event COUNTY shall continue in possession of the Premises after the term of this Lease, 42 such possession shall not be considered a renewal of this Lease but a tenancy from month to 43 month and shall be governed by the conditions and covenants contained in this Lease. 44 45 46 8 Revision Date:3/11/98 1 9. HAZARDOUS MATERIALS (10.11 S) 2 DISTRICT warrants that the Premises are free and clear of all hazardous materials or 3 substances. 4 5 10. DEFINITION OF COUNTY (10.13 S) 6 The term "COUNTY" shall mean the Board of Supervisors of the political body that executed this 7 agreement or its authorized representative. 8 9 11. QUIET ENJOYMENT (10.14 S) 10 DISTRICT agrees that, subject to the terms, covenants and conditions of this Lease, COUNTY 11 may, upon observing and complying with all terms, covenants and conditions of this Lease, 12 peaceably and quietly occupy the Premises. 13 14 12. TIME (10.16 S) 15 Time is of the essence of this Lease. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 \\radon\data1\wp.dta\gsa\410\hodges\800MHZ\800MHZ Master.doc 9 Revision Date:3/11/98 1 LEASE DESCRIPTION (11.1 S) 2 3 4 PROJECT NO: GA 1239-57 DATE: October 6, 1997 5 6 Project: O.C. Sanitation District, Treatment Plant#2 WRITTEN BY: RGW 7 800 MHz System 8 9 All that certain real property shown crosshatched on a plot plan marked Exhibit B, attached 10 hereto and made a part hereof, being that certain treatment plant located at 22212 11 Brookhurst Street in the City of Huntington Beach, County of Orange, State of California, 12 and located on a map recorded as an exhibit to Grant Deed recorded in Book 8485, page 13 360 of official records in the office of the County Recorder of the County of Orange 14 consisting of approximately 1/4 acres, more or less. 15 16 17 NOT TO BE RECORDED 18 19 20 21 EXHIBIT A 10 Revision Date:3/11/98 to � N b ,� Qd Premises A acr �c CO t Site Plan �e igia � g N Fuel Tank / a� Antenna Tower J// Premises Communications Building Plot Plan SITE/PLOT PLAN O.C. Sanitation District Plant#2, 800 MHz Facility Prepared: Ray Weems 22202 Brookhurst Street, Huntington Beach Checked: COUNTY OF ORANGE File No.: GA 1239-57 O.C.S.D./COMMUNICATIONS O.C.S.D./COMMUNICATIONS EXHIBIT B mow: 2i5i98 STEERING COMMITTEE Meeting Date To Bd. of Dir. 07/24/19 07/24/19 AGENDA REPORT Item Number Item Number 4 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lan Wiborg, Director of Environmental Services SUBJECT: COOPERATIVE AGREEMENT FOR INTEGRATED REGIONAL WATER MANAGEMENT FUNDING IN THE SANTA ANA FUNDING AREA GENERAL MANAGER'S RECOMMENDATION Approve a Cooperative Agreement among the County of Orange, Orange County Sanitation District, Orange County Water District (collectively referred to as Orange County Parties), and the Santa Ana Watershed Project Authority (SAWPA), a joint powers authority, for the Orange County Parties agreeing to remain a part of the Santa Ana Funding Area covered by the One Water One Watershed (OWOW)Plan for a period of ten (10) years, from date of execution. BACKGROUND The CA Department of Water Resources (DWR) administers the state's Integrated Regional Water Management (IRWM) program. Grants under this program are managed through state-approved "Regions". Integrated water resource planning is valuable in identifying opportunities for actions that create multiple benefits and resolve or avoid conflicts in the watershed, and in promoting and improving collaboration across jurisdictions and functions. DWR requires that an IRWM plan be adopted by three agencies responsible for management of water resources. Thus, Orange County Sanitation District (Sanitation District) and other agencies in Orange County have completed the IRWM Plan for the north and central areas of Orange County (OC Plan). In June 2018, the Board adopted the OC Plan for Integrated Regional Water Management in North and Central Orange County (dated March 2018), and approved participation in a Memorandum of Understanding between the Sanitation District, the Orange County Water District, and the County of Orange for Integrated Regional Water Management in North and Central Orange County Watershed Management Areas. The Board also authorized staff to submit applications for the State of California's IRWM grants under Proposition 1 for projects prioritized within the OC Plan. This Agreement serves to memorialize an agreement among the Orange County Parties and SAWPA whereby, in exchange for the Orange County Parties agreeing to forego efforts to form a separate region in the Santa Ana Funding Area for the OC Plan, and, instead, remain a part of the Santa Ana Funding Area covered by the OWOW Plan, SAWPA agrees to abide by the terms and conditions stated within the Agreement, in all Page 1 of 3 rounds of grant funding administered by the State of California under Proposition 1 and any subsequent IRWM grant programs. RELEVANT STANDARDS • Sustain 1, 5, 20-year planning horizons • Secure outside funding (grants) for recycled water or other capital programs • Maintain collaborative and cooperative relationships with regulators, stakeholders and neighboring communities • Meet volume and water quality needs for the GWRS PROBLEM If adopted by DWR, the OC Plan would be recognized as a separate region in the Santa Ana Funding Area that is previously covered by the OWOW Plan. PROPOSED SOLUTION This Agreement serves to integrate the OC and OWOW Plans and establish how IRWM funds will be allocated for projects in the OC and OWOW Plans. Thirty percent (30%) of the IRWM general implementation grant funds will be allocated to projects in the OC Plan and unspent funds in any multi-round grant process will carryover to OC Plan projects in the next round. The remaining seventy percent (70%) of the IRWM general implementation grant funds will be allocated to projects in the OWOW Plan, with ten percent (10%) being allocated to projects that benefit both the upper and lower watersheds and sixty percent (60%) being allocated to projects that benefit the upper watershed. Disadvantaged community (DAC) implementation funds will be treated separately and allocated in accordance with the OWOW Plan and will not count against the thirty percent (30%) OC Plan allocation. TIMING CONCERNS An executed Agreement needs to be in place for the Orange County Parties and SAWPA to comply with grant application requirements. RAMIFICATIONS OF NOT TAKING ACTION The Orange County Parties (which include the Sanitation District) and other entities within the Santa Ana Funding Area will not be able to meet DWR Proposition 1 IRWM grant requirements. Page 2 of 3 PRIOR COMMITTEE/BOARD ACTIONS June 2018 - Adopted "Memorandum of Understanding for Integrated Regional Water Management in North and Central Orange County Watershed Management Areas" and the "Regional Water Management Plan for the North and Central Areas of Orange County (OC Plan)". ADDITIONAL INFORMATION N/A CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENTS 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: • Cooperative Agreement • Memorandum of Understanding • The OC Plan (separate file, electronic only) Page 3 of 3 COOPERATIVE AGREEMENT FOR INTEGRATED REGIONAL WATER MANAGEMENT FUNDING IN THE SANTA ANA FUNDING AREA This Cooperative Agreement (Agreement), which shall have an effective date as of the date fully executed by all parties hereto, is between the County of Orange, Orange County Sanitation District, Orange County Water District (collectively referred to as Orange County Parties), and the Santa Ana Watershed Project Authority(SAWPA), a joint powers authority. SAWPA and the Orange County Parties are collectively referred to as the "Parties." WHEREAS SAWPA is the Regional Water Management Group for the Santa Ana Funding Area, for purposes of Integrated Regional Water Management (IRWM)project identification, prioritization, proposal, and grant funding allocation with respect to the One Water One Watershed(OWOW) Plan and any subsequent updates; WHEREAS integrated planning at a regional scale is an important aspect of water resources management that is valuable in identifying opportunities for actions that create multiple, regional benefits and resolve or avoid conflicts in the watershed, and such integrated planning is valuable in promoting and improving collaboration across jurisdictions and functions at both the watershed scale and within significant parts of the watershed; WHEREAS North Orange County comprises a significant part of the Santa Ana Funding Area, including the San Gabriel River-Coyote Creek, Anaheim Bay Huntington Harbour,Newport Bay, and Newport Coastal Streams sub-watersheds, where water management issues and priorities, such as surface and coastal water quality, differ from those in the upper Santa Ana River watershed; WHEREAS the Orange County Parties,pursuant to an agreement amongst themselves, to wit, the Memorandum of Understanding for Integrated Regional Water Management in North and Central Orange County Watershed Management Areas, are a Regional Water Management Group for purposes of development and implementation of an IRWM Plan; WHEREAS the Orange County Parties have, with the collaboration of other North Orange County stakeholders from the San Gabriel River-Coyote Creek, Anaheim Bay Huntington Harbour, lower Santa Ana River,Newport Bay, and Newport Coastal Streams hydrologic units, developed and adopted an IRWM Plan for North and Central Orange County, referred as to as "the OC Plan,"which was developed and written to comply with State IRWM standards; WHEREAS the hydrologic units represented in the OC Plan are currently part of the Santa Ana Funding Area covered by the OWOW Plan; 1 WHEREAS prior to entering into this Agreement, the County of Orange submitted an application to the California Department of Water Resources (DWR), to be recognized as a separate region in the Santa Ana Funding Area, to operate independently of SAWPA for purposes of project identification, prioritization, proposal, and grant funding allocation,with respect to projects in the OC Plan; WHEREAS this Agreement serves to memorialize an agreement between the Parties whereby, in exchange for the Orange County Parties agreeing to forego efforts to form a separate region in the Santa Ana Funding Area for the OC Plan, and, instead, remain a part of the Santa Ana Funding Area covered by the OWOW Plan, SAWPA agrees to abide by the terms and conditions stated herein, in all rounds of grant funding administered by the State of California under Proposition 1 and any subsequent IRWM grant programs. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged by all Parties, and in light of the foregoing recitals, the Parties hereby agree as follows: 1. INTEGRATION OF THE OC PLAN AND OWOW: a. SAWPA has incorporated the OC Plan by reference in an appendix of the OWOW Plan. SAWPA has made other revisions to the OWOW Plan before its adoption reflecting the existence of the OC Plan and its interaction with the OWOW Plan. SAWPA will make other amendments to the OWOW Plan in future updates or as required by DWR. b. This Agreement determines how State grant funds for IRWM will be allocated for projects in the OWOW Plan, which includes the OC Plan. Projects allocated funds pursuant to Section 2a and 2b.i. below will not be rated/ranked by the OWOW Steering Committee and will be reviewed by the Committee only for compliance with the requirements of the applicable DWR project solicitation. 2. PROJECT IDENTIFICATION,RATING/RANKING, SELECTION, GRANT FUNDS ALLOCATION AND ADMINISTRATION: a. Projects in North and Central Orange County proposed for general implementation IRWM grant funding will be rated, ranked and selected for funding by the processes in the OC Plan and not by those in the OWOW Plan. b. IRWM grant funds for the Santa Ana Funding Area will be distributed as follows: i. Thirty percent(30%) of the IRWM general implementation grant funds will be allocated to projects in the OC Plan selected pursuant to Section 2.a. In the event that a portion of an allocation is not expended in one funding round of a multi- round process, any unexpended funds shall be rolled over and added to the thirty percent allocation for the next round. 2 ii. Ten percent (10%) of the general implementation grant funds will be allocated for projects that benefit both the upper and the lower watersheds in the Santa Ana Funding Area and selected by the process in the OWOW Plan. In the event that selected projects that benefit both the upper and the lower watersheds in the Santa Ana Funding Area do not expend any portion of the 10% allocation, any unexpended funds shall be allocated as follows: thirty-four percent (34%) of any unexpended funds will be allocated to projects selected through the OC Plan as determined under Section 2.a. above, and sixty-six percent(66%) to projects selected through the OWOW for the upper watershed(area in San Bernardino County or Riverside County). iii. Sixty percent (60%) of the general implementation grant funds will be allocated to projects in the upper watershed selected by the process in the OWOW Plan. The Parties agree that projects so selected will not be challenged for funding under this agreement on the basis that the project will increase recycling or groundwater recharge in the upper watershed. In the event that a portion of an allocation is not expended in one funding round of a multi-round process, any unexpended funds shall be rolled over and added to the sixty percent allocation for the next round. iv. Disadvantaged Community(DAC) implementation funds, as defined by DWR, shall be treated separately and will be allocated by the process in the OWOW Plan to projects based on their direct and entire benefit to disadvantaged communities. DAC-supported projects from North and Central Orange County submitted to OWOW seeking DAC implementation funds will be eligible for this grant funding subject to the selection process in the OWOW Plan and will not count as part of the thirty percent (30%) OC Plan funding allocation as required under 2.b.i. c. As agreed upon by the OWOW Steering Committee and SAWPA Commission, ten percent (10%) of the total general implementation grant funding allocated to projects that benefit the Santa Ana Funding Area under 2.b.ii, projects in the upper watershed under 2.b.iii, and DAC projects under 2.b.iv will be allocated to small budget projects that requested grant funding less than or equal to $500,000. d. SAWPA will administer the OWOW program and project grant contracting with DWR and the funded projects' lead agencies. i. In selecting and submitting projects per Section 2.a above, the Orange County Parties will comply with a mutually agreed upon schedule and information requirements for submittals to be included in State-led processes related to IRWM funding such as grant applications, workshops and site visits. ii. Five percent(5%) of DWR Proposition 1 IRWM grant funds assigned to the Santa Ana Funding Area will be used for SAWPA's administration of IRWM funding. 3 iii. The Parties recognize that the overall number of projects funded under each round of Proposition 1 will need to be limited to ensure SAWPA grant administration is effective and efficient. The number of individual projects in the OC Plan which are funded under the allocation required in section 2.b.i is limited to four(4) for Round 1 of Proposition 1, unless SAWPA determines that additional projects can be supported. iv. SAWPA will be responsible for executing a funding agreement with the lead agency and or project proponent for each project selected for IRWM grant funds. v. Agreement of the Parties will be required for any request for DWR to modify or consolidate the funding rounds of Proposition 1. 3. WITHDRAWAL OF APPLICATION FOR SEPARATE REGION IN SANTA ANA FUNDING AREA: Upon execution of this Agreement by all Parties, the Orange County Parties agree to withdraw its application to DWR for recognition as a region in the Santa Ana Funding Area, and agree not to seek such approval so long as SAWPA is not in breach of any of its obligations under this Agreement, or until such time as the Agreement is terminated. 4. GOVERNANCE: The OWOW Steering Committee (SC)will continue to function as the advisory body to the SAWPA Commission as defined in the January 15, 2013 Santa Ana IRWMP OWOW Governance document, but shall, in its recommendations, adhere to the terms of Section 1 and 2 of this Agreement. 5. MODIFICATION: The terms of this Agreement may be amended only in writing executed by all of the Parties. This Agreement may not be modified in effect by changes in policies of any of the Parties without amending this Agreement per this section. The Parties shall review this Agreement after completion of Proposition 1 Round 1 project selection and grant funds allocation, and at least once every three years from the effective date, and the Parties shall revise if necessary. 6. AUTHORITY: The individuals executing this Agreement each represent and warrant that they have the legal power, right and actual authority to bind their respective entities to the terms and conditions hereof and thereof. 7. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Four (4) duplicate originals of this Agreement shall be executed each of which shall be deemed to be an original. 4 8. GOVERNING LAW AND JURISDICTION: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions shall be determined in accordance with the laws of the State of California. 9. TERM and TERMINATION: This Agreement shall have an initial term of ten years from the effective date. After the initial term,the Agreement shall automatically renew for successive terms of ten years each, unless, prior to expiration of the current term, one Party provides notice to the other Parties of its intent not to renew the Agreement. Provision of notice in this manner shall terminate the Agreement as of the expiration of the current term. In addition to expiration of the Agreement, this Agreement may be terminated by any Party in the event of a material breach by any other Parry, or at any time by mutual written agreement of all of the Parties. 10. THIRD PARTY BENEFICIARIES: OC Plan-project proponents whose projects are selected for Prop 1 funding pursuant to this Agreement and meet eligibility criteria for the funding opportunity are intended by the Parties to be third-party beneficiaries of this Agreement. The Parties therefore agree that the Orange County Parties and the OC Plan- project proponents whose proposals are selected for Prop 1 funding and meet eligibility criteria for the funding opportunity may enforce applicable provisions of this Agreement as if they were parties hereto in the event of breach by SAWPA. However, nothing herein shall require the Orange County Parties to initiate or take any action on behalf of OC Plan-project proponents. 11. NOTICE: Except as otherwise provided herein, all notices and other communications required or permitted hereunder shall be in writing, and shall be delivered in person, via e- mail, or sent by registered mail or certified mail, return receipt requested, and shall be deemed received upon actual receipt or 72 hours after deposit in the mail of the United States Postal Service, postage prepaid and addressed as follows: To SAWPA: Santa Ana Watershed Project Authority (SAWPA) Attention: General Manager 11615 Sterling Ave. Riverside, CA 92503 (951) 354-4220, (951) 668-8030 (fax) To County of Orange: County of Orange Attention: Deputy Director, OC Environmental Resources 2301 N. Glassell Street Orange, CA 92865 5 (714) 955-0600, To OCSD Orange County Sanitation District Attention: General Manager 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 962-2411 To OCWD Orange County Water District Attention: General Manager 18700 Ward Street, Fountain Valley, CA 92708 (714) 378-3305, (714) 378-3373 (fax) In witness whereof, the Parties hereto have executed this Agreement as of the date of the last signatory: 6 SANTA ANA WATERSHED PROJECT AUTHORITY A Joint Powers Authority created pursuant to Government Code Section 6500 et seq. Date: By Ronald W. Sullivan, Chair Date: By Kelly Berry, CMC Clerk of the Board Date: APPROVED AS TO FORM LEGAL COUNSEL By Larry McKenney 7 COUNTY OF ORANGE A political subdivision of the State of California Date: By Chair of the Board of Supervisors Date: By Robin Stieler Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM COUNTY COUNSEL By Deputy Date: 8 ORANGE COUNTY SANITATION DISTRICT A duly organized County Sanitation District Date: By David John Shawver Board Chairman Date: By Kelly A. Lore, MMC Clerk of the Board APPROVED AS TO FORM GENERAL COUNSEL By Bradley R. Hogin Date: 9 ORANGE COUNT VVATE TRICT By: Name: Vicente Sarmiento Title: President Date: June 5, 2019 APPg ff � By: orange County water 0101ct Name: Michael R. Markus "Title: General Manager Date: June 5, 2019 10 Memorandum of Understanding for Integrated Regional Water Management in North and Central Orange County Watershed Management Areas This Memorandum of Understanding (MOU) is made and entered into this LLPay of S , 2018, by and between the County of Orange (County), Orange County Water istrict (OCWD), and Orange County Sanitation District (OCSD). County, OCWD and OCSD are collectively referred to as "the Parties." WHEREAS, the municipalities and special districts in Orange County developed a countywide Water Quality Strategic Plan that recommends the formation of three Watershed Management Areas (WMAs) to better coordinate and implement collective water resource management strategies, and the eleven watersheds in Orange County were subsequently grouped into three Watershed Management Areas: North, Central, and South. WHEREAS, the North and Central Orange County WMAs comprise five hydrologic units: San Gabriel River-Coyote Creek, Anaheim Bay Huntington Harbour, Santa Ana River, Newport Bay, and Newport Coastal Streams, herein collectively referred to as "the Region." WHEREAS, Integrated Regional Water Management Plans (IRWMP Plan), defined in California Water Code section 10530, et seq., have been previously prepared and accepted for the North and Central Orange County WMAs, in 2011 and 2012, respectively. WHEREAS, Region stakeholders have collaborated to update and combine the two existing IRWM Plans into one IRWM Plan for the Region, The OC Plan for IRWM in North and Central Orange County ("The OC Plan"). WHEREAS, a "Regional Water Management Group" (RWMG) means a group in which three or more local agencies, at least two of which have statutory authority over water supply or water management, as well as those other persons who may be necessary for the development and implementation of a plan that meets the requirements in Water Code sections 10540 and 10541, participate by means of a joint powers agreement, memorandum of understanding, or other written agreement, as appropriate, that is approved by the governing bodies of those local agencies. WHEREAS, the Parties desire to participate in an RWMG to oversee and implement The OC Plan. WHEREAS, this MOU is not intended to create a financial obligation on the part of any of the RWMG members. WHEREAS, any financial obligations for implementation of projects in The OC Plan shall be determined through separate project implementation decisions and/or agreements. NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows: SECTION 1: Purpose The purpose of this Memorandum of Understanding (MOU) is to memorialize a mutual understanding in the Region in order to increase coordination, collaboration and communication in managing water resources, including implementation of The OC Plan. SECTION 2: Governance and Committees The Region shall be governed as described below. Regional Water Management Group (RWMG) The RWMG for the Region shall be comprised of the County, OCWD and OCSD. The RWMG shall be responsible for guiding the updating and execution of The OC Plan, establishing priorities for water resource needs, integrating water resource solutions across traditional bounds, and jointly advocating for policies and funding that assist these goals. The RWMG will provide administrative support for the Region and will develop plans to fund implementation of The OC Plan as necessary. Advisory Committee to the RWMG The Advisory Committee shall consist of representatives of the RWMG and representatives of the Newport Bay Watershed Executive Committee. The purpose of the Advisory Committee is to provide leadership and guidance to the RWMG on implementation of The OC Plan. Planning Group The Planning Group consisting of staff members of the Advisory Committee shall provide day-to-day support for the development and implementation of The OC Plan, and to manage stakeholder involvement. Stakeholder Group The Stakeholder Group, consisting of agencies, cities, interest groups, and any other stakeholders within the Region, shall provide leadership in developing and updating The OC Plan, propose projects to be included in the plan, and develop and approve the project prioritization process and project ranking. The Stakeholder Group may create Ad Hoc Working Groups and assign specific tasks to be completed by Ad Hoc Working Groups. Section 3: Goals The goals of the collaborative effort undertaken pursuant to this MOU are: To oversee the implementation and future updating of The OC Plan for the Region. To improve and maximize coordination and collaboration of individual public, private and non-profit agency plans, programs and projects within the region and with neighboring regions for mutual benefit and optimal gain for the Region. To help identify, develop and implement collaborative plans, programs and projects which will improve water resource management in the Region. To foster coordination, collaboration and communication between stakeholders, to achieve greater efficiencies, and to enhance regional competitiveness for local, state and federal grant funding. Section 4: Additional Terms and Provisions The OC Plan is a living document that will be updated periodically to reflect accomplishments as well as changing water resource management issues. Nothing in this MOU commits the RWMG members collectively or individually to a particular program or a project. Specific projects developed within the Region are separately proposed, reviewed and approved by the project sponsor. This MOU is not intended to create a financial obligation on the part of any of the RWMG members. The RWMG members will each consider adoption of The OC Plan to take the place of any prior IRWM Plans for the Region. Any other agency or organization in the Region may accept The OC Plan. Appendices to the plan, including The OC Plan Project List and Ranking and Prioritization of Goals and Strategies, may be updated and other routine updates may be added by the Stakeholder Group without requiring agencies and organization to formally re-adopt The OC Plan. Section 5: Project Implementation Agreements Implementation of any cost-shared programs shall be accomplished through project implementation agreements among the project proponent, participating parties, and the fiscal agent for local, state, or federal funding. The project proponent is the managing party responsible for management of the program or project that is subject of the project implementation agreement. Section 6: Amendment All Amendments to this MOU shall be in writing with the approval of all members of the RWMG. Section 7: Execution This MOU may be executed in counterparts and has the same force and effect as if all the signatures were obtained in one document. The term of the MOU shall commence upon the date when all RWMG parties have executed the MOU. Section 8: Withdrawal of Parties Any RWMG member may withdraw its participation in this MOU upon ninety (90) days prior written notice to all the other RWMG members, such withdrawal to be effective ninety (90) days after the notice is received or deemed received. Section 9: Liability It is mutually understood and agreed that, merely by the virtue of entering into this MOU, each RWMG member neither relinquishes any right nor assumes any liabilities for its own actions or the actions of other RWMG members. It is the intent of the RWMG that the rights and liabilities of each RWMG member shall remain the same, while this MOU is in force, as it was before this MOU was made, except as otherwise specifically provided in this MOU IN WITNESS WHEREOF, the parties hereto have executed this MOU on the date opposite their respective signatures. COUNTY OF ORANGE, a political subdivision of the State of California. Dated: `L1 1(h 1 By: Printed Name and Title: APPROVED AS TO FORM: County Counsel y � G Dated.- SIGNED AND CERTIFIED THAT A COPY OF THIS MOU HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD / t A01BIN STIELER Clerk of the Board of Supervisors of Orange County, California Date: q'11 I !e ORANGE COUNTY WATER DISTRICT, a special district of the State of California. Dated: By. Denis Bilodea , P sid t By: Michael R. Markus, General Manager APPROVED AS TO FORM District General Counsel By: Dated: ORANGE COUNTY SANITATION DISTRICT, a special district of the State of California. Dated: By- Printed Name and Title: Gregory C. ebourn, PLS Board Chairman APPROVED AS TO FORM: District General Counsel By: LDated: C Br,adley V. Hogin ATTEST: By: Dated: lql Kell A. e, MMC Cler of t Board Orange County Sanitation District STEERING COMMITTEE Meeting Date To Bd. of Dir. 07/24/19 AGENDA REPORT Item Number Item Number 5 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: STRATEGIC PLAN SURVEY RESULTS GENERAL MANAGER'S RECOMMENDATION Receive and file the strategic plan survey results from the Board of Directors in June 2019. BACKGROUND The Orange County Sanitation District (Sanitation District) has begun a biannual strategic planning process. The Board of Directors' adopted Strategic Plan becomes the policy guidance for creation of the two-year budget document and, in turn, the General Manager's Work Plan. The Strategic Plan is envisioned to be a living document updated every two years which helps define the future desired state of the Sanitation District. It is important for the Sanitation District to make consistent, intentional choices regarding how it defines and achieves its mission to protect public health and the environment. RELEVANT STANDARDS • Engage the Board of Directors in setting public policy • Build brand, trust, and support with policy makers and community leaders PROBLEM The Strategic Plan needs to be updated. PROPOSED SOLUTION Solicit and incorporate the Board of Directors' input in the development of the proposed Strategic Plan document. ATTACHMENT The following attachment(s) is included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Board of Directors Strategic Plan Survey Results — June 2019 • Strategic Planning Survey Page 1 of 1 BOARD OF DIRECTORS' STRATEGIC PLAN SURVEY RESULTS — JUNE 2019 The staff of the Orange County Sanitation District solicited input of its Board of Directors concerning its strategic planning process. A summary list of fifteen policy statements and related initiatives were proposed to the Directors. Eight Directors responded to the survey request. Following were all the responses that were received: 1. Advanced Asset Management Comments: If an asset costs more up-front but has a longer useful life it may be worth it to make the greater investment initially. We need to consider purchasing of capital equipment over the life of the asset. Yes, I believe this is the goal in the direction set by the board and our high-quality staff. Don't engage internally exclusively. Seek input from our service providers and contractors; they have a different perspective. What's the status of the Asset Management plan? Note: Our city just completed such a plan. This strategic plan is exceptional. We should always look for ways to collaborate with other agencies to keep our costs down as we manage our assets. Including Improve technology and contract services. Very thorough planning. Can't add anything else to this Advance asset Management plan. Looks good. 2. Biosolids Management Comments: The state mandated organic waste program may be an opportunity for the District. I know that we have been talking to the waste haulers and the County Waste Management. This is a major issue cost for our cities, particularly our business communities. We have the knowledge and an innovative track record I'd like us to be a visible leader in this effort. The new green waste process presented at the recent OC Water Summit should be investigated; the board should receive a report to tell us if it presents an opportunity for the OCSD. Very proactive approach. Page 1 2. Biosolids Management Comments (continued): We must not only be a leader for local energy production to help offset our energy costs but continue to find better markets for our end users for our residuals from our operation. I have enjoyed using the biosolids for my organic garden. Very beneficial. Also, would like to see about raising money on food waste. Work with other wastewater management agencies to propose legislation to overcome barriers to beneficial use of biosolids and to expand markets for beneficial use of biosolids. Work with other wastewater management agencies to devise and implement marketing programs to expand beneficial use of biosolids. 3. Water Reuse Comments: The original wastewater recycling plan involved not only the transportation of the water up the Santa Ana River so it could naturally recharge the groundwater, it also Included the opportunity for cities along the river to access this water for irrigation in parks and other uses. What happened to this plan? A thoughtful plan for the future. Expand our current program to assist the GWRS in supplying Orange County water as limited by size, technology, and cost plus working on wastewater diversion to the ocean. Expand our current program to assist the GWRS in supplying Orange County water as limited by size, technology, and cost plus working on wastewater diversion to the ocean. Initiative: In cooperation with OCWD, investigate feasibility of expanding supply of wastewater available to GWRS. This would be accomplished by developing a network of shallow wells to pump brackish and non-utilized shallow aquifers for conveyance to GWRS thru utilization of surplus OCSD collection and treatment system capacity to convey produced water to OCWD for final treatment. 4. Resilient Staffing Comments: Partnerships with colleges may be further explored to steer students toward a career at OCSD. I suggest our management team reach out to engage public works management in our local jurisdictions to let them know what we do, our future plans, and define our staffing needs. Are we engaging local higher educational institutions? UCI, CSUF, Cal Poly (has an excellent Engineering School)? Page 2 4. Resilient Staffing Comments (continued): Good planning. Continue with our excellent succession planning and employee retention programs with fair affordable wages and working environment. Keep up the cross training that should reach across several departments. I believe with the direction to our negotiators at the last meeting, OCSD will keep our brightest and best with the District for a very long time. Glad to be able to support the effort. I agree that cross training is a great tool for employers and increases employees knowledge. 5. Climate and Catastrophic Event Resiliency Comments: Engage member agency public works management in this planning effort. Very important effort. Prepare for any disasters including loss of revenue, climate change, or other catastrophic events. 6. Energy Independence Comments: We have significant acreage; what about solar and wind energy generation? Are we planning to install solar panels on the roof of the new administration building? We are planning ahead in the industry we serve. Continue to improve our technology and resources to support usable energy and store it at both plants 1 & 2. The purpose of the District is to treat wastewater. Work with power industry to develop feasible strategies to implement co-generation at Plants #1 & #2 with the objective of divesting this activity. 7. Safety and Physical Security Comments: Perhaps we could communicate with our immediate neighbors at both plants about the possibility of an emergency and how we can and should cooperate in a major incident and what they need to be aware of from our side. The location of the new administration building will increase plant security, but the quality and level of security staffing at our plant gates must improve if we expect effective plant security. A must. Page 3 7. Safety and Physical Security Comments (continued): Be prepared for all event internal and external with protocol and set plans. Practice all scenarios related to events negatively impacting both personnel, facilities, and equipment. Involved employees in surveys for safety. They see things that management might miss in the physical plant. 8. Property Management Comments: Good point. Update those properties and make sure we know location, condition, and improve our program and process to maintain and replace. 9. Environmental Water Quality, Stormwater, Management and Urban Runoff Comments: I'm not aware this discussion has occurred with our member agencies. I believe this is a good proposal and would like to know more. Hold a conference at the OCSD to address these issues of Environmental Water Quality, Storm water Management and Urban Runoff with other agencies, and local, federal and state legislators. Glad to see involvement with other agencies when OCSD is dealing with wet weather conditions. Urban runoff collected potentially increases volume of water produced by GWRS. Conduct study to determine if 10 mgd limit can be increased, or if a variable limit can be developed. Also, work with local jurisdictions to work with industrial and commercial property owners to develop and implement a program whereby urban runoff is stored and metered into OCSD collection system when capacity is available. This would assist commercial and industrial facility operators in meeting urban runoff volume limits and increase volume of water available for treatment by GWRS. 10.Chemical Sustainability Comments: Are there new or emergency technologies or processes that will reduce or eliminate the need for some chemicals? Are we maximizing our group buying opportunities? Do any of our member agencies use the same chemicals? Yes. Page 4 10.Chemical Sustainability Comments (continued): Continue to locate new resources for supply of our chemicals and work with other agencies in the purchase of volumes used by all. Is it possible, when prices are low, to get several years worth of product? Or are the chemicals sensitive to degrading over time. Longer contracts, less price fluctuation. The chemicals used are the same as those used by other wastewater management agencies. Collaborate with other agencies to investigate market risks and devise strategies. 11.Food Waste Treatment Comments: As we evaluate this opportunity, we must remember that this unfunded mandate has a financial impact upon our member agencies. The tipping fee we charge will be passed on, perhaps with a loading factor, to our member agencies and their constituents. When we set this rate, we must weigh it against the financial benefit we receive by generating lower cost energy. We must include all of our member agencies in this discussion. We should seek solutions that benefit the OCSD and our member agencies. We must include our member agencies in this discussion. Very good plan. Develop a local program as a leader in the wastewater treatment world and help establish a process of assistance and end market. Expand existing programs. Develop a local program as a leader in the wastewater treatment world and help establish a process of assistance and end market. Expand existing programs. What is the time frame for doing this very important concern? Suggest expanding this operation to include processing of food processing wastes such as vegetable and fruit trimmings and wastes, livestock and kennel wastes and similar wastes for diversion from landfills and OCSD collection system. 12.Compounds of Emerging Concern Comments: I support making the investment necessary, so our lab capabilities are cutting-edge. The briefings will be very appreciated. Use legislation and lobby to protect what we treat. I know we emphasize the three p's to flush. Is there any thought to public outreach about not flushing outdated medicines? Page 5 13.Cyber Security Comments: OCSD may be able to learn lessons from other public agencies that have had cyber attacks, such as OCTA had a few years ago. Does our IT staff engage with our IT staff in member agencies to learn what they are doing? Yes. Improve and continue to test all threats to the OCSD. Keep informed on new programs, data, and equipment. No one or agency is immune from these attacks. Very sound policy. 14.Budget Control and Fiscal Discipline Comments: I'd like the Board to receive "lessons learned" reports/presentations to tell us how we have improved our project financial forecasting, planning and implementation after evaluating completed projects. The financial stability of our pension programs is dependent upon sound investment policies. The Board should be aware of their investment policies and influence changes we deem appropriate. We should also advocate for more affordable and predicable pension plans; defined benefit programs are costly, unnecessary to be competitive with the private sector and make it impossible to accurately determine future pension costs. Property & Casualty Risk Management is a financial function, not Human Resources. It should be incorporated in our Financial organization and the responsible personnel must have the property and casualty industry training (e.g.; ARM Certification) and experience necessary to effectively engage our agent and carriers on our behalf. Refinance debt when interest rates are favorable. Keep our customer rates at a fair level and consistent over our 5-10 year plans. As a public agency we are very transparent with our finances. The financial health is reflected in the fact that are rates are relatively low and haven't been increased in some time. Page 6 15.What did we miss? Comments: I reviewed all of the points and I think it is comprehensive and to the point. It is good as-is to me, thank you for such great and clear policy statements. Great job. Our compensation program must be based upon total compensation and include agencies and comparable job classifications within the vicinity of our operations, not just other Sanitation Districts. If we do consider agencies outside of our vicinity, the compensation must be adjusted for the cost of living difference. We must be sensitive to the impact our compensation policies have on our member agencies. We must consider the progressive, positive work environment we provide as a job benefit when we decide where we want to be ranked in our market. Our retention is due to more than competitive compensation. I suggest regular engagement between our staff and our local public works staff could be beneficial to the OCSD and our member agencies. How can we increase Board engagement at our Board meetings? I know that some, I hope all, Board members study the meetings materials and ask questions of staff before the meetings. But if that is true, then I would expect more discussion at the meetings, particularly at the Committee level. Should we consider more special Steering Committee or Board single topic meetings when we have particularly complex or significant financial issues to consider? As you can see from my responses to the other questions, I believe we can and must improve our direct engagement within management our member agencies. This was very helpful...future briefings in more detail for a few issues will be appreciated. Thank you very much. Continue our public outreach and education with everyone who is interested in the OCSD. I believe you provided a thorough presentation of the OCSD Strategic plan. See notes below recommending strategies to expand wastewater available to increase GWRS production. Page 7 Due: June 30, 2019 Orange County Sanitation District Strategic Planning Survey The Orange County Sanitation District (Sanitation District) is committed to a thorough and transparent planning and budgeting process to achieve its mission: "To protect public health and the environment by providing effective wastewater collection, treatment, and recycling." A clear strategic plan is the basis of a planning and budgeting process that aligns the aims and expectations of the Board of Directors who represent the public we serve and the staff members that deliver the necessary services. The Strategic Plan is a set of clear policy statements that define at the highest level the Board of Directors expectations of staff. Every two years the Board of Directors revisits the Strategic Plan to assure that it is aligned with their priorities and sets a proper planning basis for the two-year budgeting effort. The Board of Directors is scheduled to consider and adopt a finalized strategic plan in November 2019 to support the start of a new two-year budget in 2020. This survey is the first step in the strategic plan development process. Staff has created a list of potential policy statements for your consideration. Following each policy statement are suggested initiatives that might serve as measurable steps toward achieving or furthering the policy goal. Please provide your input for each policy statement. At the end of the survey there is space to add any areas not addressed. Staff will collect the survey input and create more detailed policy white papers for each of the policy goals for presentation to the Board of Directors in October, with a goal of a Board adopted Strategic Plan in November of 2019. Thank you in advance for your time and attention to review and provide input to this survey. Policy Goals & Policy Statements: Advanced Asset Management Biosolids Management Water Reuse Resilient Staffing Climate and Catastrophic Event Resiliency Energy Independence Safety and Physical Security Property Management Environmental Water Quality, Stormwater Management and Urban Runoff Chemical Sustainability Food Waste Treatment Compounds of Emerging Concern Cyber Security Budget Control and Fiscal Discipline ADVANCED ASSET MANAGEMENT: The Sanitation District will assess and manage the collection system and treatment plant systems and assets, to improve resiliency and reliability while lowering lifecycle costs. This will be accomplished through adaptive operation, coordinated maintenance and condition assessment, and planned capital investment. Staff will balance maintenance, refurbishment, and replacement strategies to maximize useful life, system availability and efficiency. Initiative: Create an annual Asset Management plan documenting the condition of the collection system and treatment plants, and upcoming maintenance or capital projects. Initiative: Coordinate the efforts of operations, collections, mechanical maintenance, electrical maintenance, instrument maintenance and engineering through process teams to assure the Sanitation District's resources are focused on the high priority work functions. Input: BIOSOLIDS MANAGEMENT: Staff will beneficially reuse the organic material in the sewage received by the Sanitation District. These organics will be converted to useful energy and soil amendment products. Initiative: Educate and advocate with local, state, and federal agencies to assure biosolids will continue to be legally used as soil amendments. Initiative: Stay abreast of new technology options to convert organics to energy such as super critical water oxidation and fluidized bed reactors. Input: WATER REUSE: The Sanitation District will seek to beneficially reuse all water for potable, industrial, irrigation and environmental uses. Initiative: Support the completion of the final phase of the Groundwater Replenishment System and maximize water availability to the Orange County Water District. 2 Initiative: Investigate the suitability of brine effluent for environmental uses such as engineered wetlands. Input: RESILIENT STAFFING: The Sanitation District will attract, develop and retain high-quality talent to support its mission and continue to be an industry leader. Initiative: Annually, the Management team evaluates staffing levels and identifies workforce vulnerabilities for mission-critical and leadership positions. Workforce vulnerabilities will be addressed by proactively mentoring, developing and training staff, and recruiting for critical positions ahead of a vacancy for cross training purposes and to ensure continuity of operations. Input: CLIMATE AND CATASTROPHIC EVENT RESILIENCY: The Sanitation District will design systems and operations to withstand or adapt to abnormal conditions that can reasonably be expected. These abnormal events include earthquake, atmospheric river storm event, flooding, sea level rise, or electrical grid collapse. Initiative: Complete an engineering study of the seismic vulnerabilities of the treatment plants. Incorporate necessary upgrades into future capital improvement projects. Initiative: Complete the biannual high flow exercise to assure readiness for a high flow event. Maintain a higher level of readiness October 15 through March 15 and in advance of predicted significant rain events. Initiative: Study the potential impact of higher sea level or tsunami incident at Plant No. 2 and coastal pump stations. Input: 3 ENERGY INDEPENDENCE: The Sanitation District will strive to be a net energy exporter. Electrical, thermal, and methane gas generation will be maximized. Energy utilization will be minimized using sound engineering and financial principles. Initiative: Maximize the anaerobic digestion conversion of organics to methane through receipt of food waste and operational techniques. Initiative: Investigate and install energy storage and photovoltaic systems where practical to achieve energy independence/resilience. Initiative: Continue to support the conversion of biomethane into electricity and heat for process use. Improve systems as necessary to comply with air regulations. Input: SAFETY AND PHYSICAL SECURITY: The Sanitation District will ensure the safety and security of employees, contractors and visitors through reasonable practices, policies, and procedures that support a safe and secure environment, provide an appropriate level of security and safeguard the Sanitation District's property and physical assets. Initiative: Achieve and maintain California OSHA Voluntary Protection Program (VPP) status, and foster a culture where employees are accountable for their safety as well as the safety of others. Initiative: Proactively identify and rectify conditions or circumstances that may pose risks to the safety and security of employees, contractors, visitors and the Sanitation District facilities, and prepare to effectively respond to all emergencies. Initiative: Support facility and countywide emergency preparedness, response, and recovery efforts by partnering with entities, such as, the Water Emergency Response Organization of Orange County (WEROC), Orange County Sheriff's Department, and local fire departments to plan and conduct disaster preparedness training and exercises. Input: 4 PROPERTY MANAGEMENT: The Sanitation District owns and operates assets throughout its service area located in property owned in fee, through easements and in the public right-of- way. The Sanitation District will identify and protect all of it property rights to assure that its assets are not encumbered or encroached upon so that the facilities may be properly operated, maintained, upgraded and replaced. Initiative: The Sanitation District will review it property rights to identify encroachments or encumbrances that restrict operation, maintenance, inspection or emergency repair access. Staff will work with identified parties to remove encroachments or encumbrances. Input: ENVIRONMENTAL WATER QUALITY, STORMWATER MANAGEMENT AND URBAN RUNOFF: The Sanitation District will partner with other National Pollutant Discharge Elimination System permit holders to accept up to 10 million gallons per day of dry weather urban run off at no charge in order to improve water quality in streams, rivers and beaches as long as the constituents within the flow do not adversely impact the Sanitation District's worker safety, treatment processes, reuse initiatives, or permit compliance. The Sanitation District facilities are subject to significant flow increases during wet weather events and are not capable of accepting stormwater flow volumes. Initiative: Issue urban runoff connection permits up to a total of 10 million gallons per day to other service area local agencies to accept pumped dry weather urban runoff flows where existing conveyance capacity exists, and the constituents of the flow will not adversely impact the Sanitation District. Initiative: The Sanitation District will work with local jurisdictions to determine the feasibility of regional wet weather runoff capture and use projects to promote responsible stormwater utilization and sewer protection. Input: 5 CHEMICAL SUSTAINABILITY: The Sanitation District has a need to use chemicals in its treatment process to improve Plant performance, reduce odor potential, and meet its regulatory requirements. These commodity chemicals are provided by outside vendors through the purchasing process. Some of these chemicals are subject to price swings due to market condition changes such as energy cost impacts, raw material cost changes, commercial competition changes, and transportation cost changes. The Sanitation District will identify chemicals key to its operation, investigate the market risks for those chemicals and devise strategies to mitigate identified risks to availability and pricing. Initiative: Update the Sanitation District's Chemical Sustainability Study and incorporate the results in future procurement recommendations. Input: FOOD WASTE TREATMENT: The State of California limits the volume of organic waste that may be diverted to landfills. The Sanitation District will collaborate with the County of Orange, other local agencies and waste haulers to find ways to beneficially reuse food waste. Initiative: The Sanitation District will accept a preprocessed food waste slurry from contracted waste haulers that will be fed to existing anerobic digesters. The Sanitation District will charge a tipping fee to offset its costs for capital construction, handling, maintenance, and biosolids disposal. Initiative: Design, build and operate a food waste receiving station. Create a specification for food waste slurry and contract with solid waste haulers to receive and process food waste. Input: 6 COMPOUNDS OF EMERGING CONCERN: The Sanitation District will partner with other agencies, associations, and institutions to support the use of sound science to inform policy and regulatory decisions on compounds of emerging concern (CECs) at the federal, state, and regional levels. CECs are chemical compounds that have no regulatory standard; such as pharmaceuticals and personal care products. Staff will obtain and maintain current knowledge on CECs under regulatory consideration, including occurrence, analytical methods, regulations, and treatment to support the Sanitation District's mission. Initiative: The Sanitation District will continue to actively engage water and wastewater stakeholders on CECs to stay abreast of the scientific progress and provide timely briefings to the Sanitation District's management team and Board of Directors. Initiative: The Sanitation District will continue to develop capacity to detect, quantify, and characterize CECs throughout the treatment process in order to promote treatment effectiveness and credible risk communication. Input: CYBER SECURITY: The Sanitation District must maintain adequate Cyber Security (information technology security) techniques that protect computers, networks, programs and data from unauthorized access or attacks that are targeted for exploitation. Initiative: The Sanitation District will complete assessments of the covered various security control areas, including: Email phishing and spoofing Malware Protection Identity Theft End-user Security Training Conditional Access. Initiative: The Sanitation District will evaluate, enhance and monitor its network security including activities to protect the usability, reliability, integrity and safety of the network. Initiative: The Sanitation District will educate its employees about the social engineering threats to Cyber Security to raise awareness. 7 CYBER SECURITY continued: Input: BUDGET CONTROL AND FISCAL DISCIPLINE: The Sanitation District will prudently manage the public funds that it collects. It will take a long-term planning approach to its facilities and rate setting that provides a stable setting program, prudent reserves and pay as you go philosophy for operating and replacement capital expenses. Initiative: Pay off all debt issuances by 2042 associated with full secondary expansion. Initiative: Maintain all Post Employment Benefit or Unfunded Actuarially Accrued Liabilities between 95 and 105% funding levels to assure cost of services are paid at time of service. Input: THE LAST QUESTION IS: What did we miss? Are there any policy areas that concern you that you would like staff to address? 8 STEERING COMMITTEE Meeting Date To Bd. of Dir. 07/24/19 AGENDA REPORT Item Number Item Number 6 Orange County Sanitation District FROM: James D Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: UPDATE ON THE HEADQUARTERS COMPLEX AND SITE SECURITY AT PLANT NO. 1, PROJECT NO. P1-128 GENERAL MANAGER'S RECOMMENDATION Information only. BACKGROUND Headquarters Complex and Site Security at Plant No. 1, Project P1-128, will construct a new Headquarters Building on the north side of Ellis Avenue to house administrative and engineering staff. The Headquarters Building will also include surface parking and a pedestrian/utility bridge over Ellis Avenue to Plant No. 1. Staff intends to present to the Steering Committee updates on the recently submitted design package, project budget, and project schedule. RELEVANT STANDARDS • Provide a safe and collegial workplace • Ensure the public's money is wisely spent PRIOR COMMITTEE/BOARD ACTIONS June 2019 - Information only. Update to Ad Hoc Committee on the progress of the Headquarters Complex design. March 2019 - Information only. The Ad Hoc Committee endorsed staff's recommendation to use the existing staff augmentation contract with Jacobs Engineering to provide third-party engineering design support and construction management services for the Headquarters Complex as needed. Staff also reviewed the prepared budget that is recommended to be adopted for FY2019-20. November 2018 - Information only. Update to Ad Hoc Committee on the progress of the Headquarters Complex design and management. October 2018 - Information only. Initial meeting of the Ad Hoc Committee and update on the progress of the Headquarters Complex design. Page 1 of 2 ADDITIONAL INFORMATION N/A CEQA The City of Fountain Valley recently designated a specific plan for the area bounded by Ward Street to the west, Talbert Avenue to the north, the Santa Ana River to the east, and Ellis Avenue to the south as Fountain Valley Crossings. The new Headquarters Building will be located within this area. Additionally, the City has certified an Environmental Impact Report for Fountain Valley Crossings. The Orange County Sanitation District (Sanitation District), as lead agency, prepared an Initial Study analyzing the Headquarters Building Project potential environmental impacts. Based on the Initial Study, the Sanitation District determined that an Addendum to the city's Fountain Valley Crossings certified Environmental Impact Report must be prepared. The Sanitation District will be the lead agency and the City of Fountain Valley the responsible agency. FINANCIAL CONSIDERATIONS N/A ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A TG:dm Page 2 of 2 ��Ti WOODRUFF, SPRADLIN&SMART ►'�I► A P , . I . . . I . � . I CLOSED SESSION 1 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: July 16, 2019 RE: Closed Session Items The Steering Committee desires to hold a closed session on July 24, 2019 for the purpose of conferring for the evaluation of the General Manager. Said closed session will be held pursuant to the authority of Government Code Section 54957(b)(1). Respectfully submitted, By: ;4/e� A"� Bradley W. Hogin, G eral Counsel 1425983.1 RITA WOODRUFF, SPRADLIN&SMART CLOSED SESSION 2 A P r e f . s . I e n a I C o r P o r • , l o 0 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: July 16, 2019 RE: Closed Session Items The Steering Committee will hold a closed session on July 24, 2019 for the purpose of conferring with its labor negotiators to discuss negotiations with the International Union of Operating Engineers Local 501, the Orange County Employees Association, and the Supervisors and Professionals Group. The Agency Designated Representatives are Laura Kalty, Liebert Cassidy Whitmore, James Herberg, Lorenzo Tyner, and Celia Chandler. The closed session will be held pursuant to authority of California Government Code Section 54957.6. Respect submitted, By Ao- Bradley . Hogin, G eral Counsel 1419446.1 RI Ti WOODRUFF, SPRADLIN&SMART A P , , , , , , , , � , , CLOSEDSESSION3 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: July 16, 2019 RE: Closed Session Items The Steering Committee desires to hold a closed session on July 24, 2019 for the purpose of conferring with its legal counsel regarding potential litigation. Based on existing facts and circumstances, the Committee is deciding whether to initiate litigation against another party. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(4). The facts and circumstances are as follows: The District owns and operates a pipeline within an easement in the City of Cypress. The pipeline and easement run under the following properties: 8192 Willow Drive (APN 262-032-27), 8201 Denni Street(APN No. 262- 032-28), 8191 Willow Drive (APN No. 262-032-37), and 8187 Willow Drive (APN No. 262- 032-38). Improvements have been constructed on these properties that interfere with the District's easement and a planned project to replace the pipeline. The District will consider litigation to establish and enforce the District's access to the easement and thereby facilitate the pipe replacement project. Respectf submitted, 4, By 'V� Bradley . Hogin, G neral Counsel 1425980.1 ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS Association of California Local Agency Formation Regional Water Quality ACWA Water Agencies LAFCO Commission RWQCB Control Board APWA American Public Works LOS Level Of Service SARFPA Santa Ana River Flood Association Protection Agency AQMD Air Quality Management MGD Million Gallons Per Day SARI Santa Ana River District Interceptor ASCE American Society of Civil MOU Memorandum of SARWQCB Santa Ana Regional Water Engineers Understanding Quality Control Board BOD Biochemical Oxygen Demand NACWA National Association of Clean SAWPA Santa Ana Watershed Water Agencies Project Authority CARB California Air Resources NEPA National Environmental SCADA Supervisory Control And Board Policy Act Data Acquisition California Association of Non-Governmental Southern California CASA Sanitation Agencies NGOs Organizations SCAP Alliance of Publicly Owned Treatment Works CCTV Closed Circuit Television NPDES National Pollutant Discharge SCAQMD South Coast Air Quality Elimination System Management District CEQA California Environmental NWRI National Water Research SOCWA South Orange County Quality Act Institute Wastewater Authority CIP Capital Improvement O& M Operations&Maintenance SRF Clean Water State Program Revolving Fund CRWQCB California Regional Water OCCOG Orange County Council of SSMP Sewer System Quality Control Board Governments Management Plan CWA Clean Water Act OCHCA Orange County Health Care SSO Sanitary Sewer Overflow Agency CWEA California Water Environment OCSD Orange County Sanitation SWRCB State Water Resources Association District Control Board EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load EPA US Environmental Protection OSHA Occupational Safety and TSS Total Suspended Solids Agency Health Administration Professional Waste Discharge FOG Fats, Oils, and Grease PCSA Consultant/Construction WDR Requirements Services Agreement gpd gallons per day PDSA Professional Design Services WEF Water Environment Agreement Federation GWRS Groundwater Replenishment POTW Publicly Owned Treatment WERF Water Environment& System Works Reuse Foundation ICS Incident Command System ppm parts per million WIFIA Water Infrastructure Finance and Innovation Act Integrated Emergency Professional Services Water Infrastructure IERP Response Plan PSA Agreement WIIN Improvements for the Nation Act JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS 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 known 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. BIOGAS—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. 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 farmland 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. COLIFORM 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. DILUTION TO THRESHOLD (D/T) —The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) — 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 SYSTEM(GWRS)—Ajoint 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 per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS)—Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) — A N-nitrosamine 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 and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation 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)—A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE—A regional brine line designed to convey 30 million gallons per day 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 runoff. 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. WATERSHED—A land area from which water drains to a particular water body. The Orange County Sanitation District's service area is in the Santa Ana River Watershed.