HomeMy WebLinkAbout03-25-2015 Board Meeting Agenda Packet Orange County Sanitation District Wednesday, March 25, 2015
Regular Meeting of the 6:00 P.M.
Board of Directors Board Room
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
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AGENDA
INVOCATION AND PLEDGE OF ALLEGIANCE: (Steve Nagel, City of Fountain Valley)
DECLARATION OF QUORUM:
ROLL CALL:
1. Receive and file Minute Excerpts of member agencies relating to appointments to
the Orange County Sanitation District Board, as follows:
City/AOencv Active Director Alternate Director
Santa Ana Sal Tinajero David Benavides
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form (located at the table
outside of the Board Room) and give it to the Clerk of the Board. Speakers are requested to limit
comments to three minutes.
SPECIAL PRESENTATIONS:
. Employee Service Awards
REPORTS: The Chair 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.
03125 15 OCSD Board of Directors Agenda Page 1 of 6
CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted,
by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent
Calendar for separate discussion will be considered in the regular order of business.
2. A. Approve minutes for the Regular Board Meeting held on February 25,
2015; and
B. Approve minutes for the Special Board Meeting held on March 12, 2015.
3. Approve the Employee Lending Agreement between Orange County Sanitation
District and Costa Mesa Sanitary District to contract an Alternate District
Engineer on an as- needed basis from March 25, 2015 through March 26, 2016,
with an option to renew for a subsequent 12 months, as a workforce
development opportunity.
OPERATIONS COMMITTEE:
4. Approve minutes of the March 4, 2015 meeting of the Operations Committee.
5. Approve a budget increase of $2,800,000 for a total project budget of
$25,873,000 for the Gisler-Redhill System Improvements, Reach B, Contract No.
7-37.
ADMINISTRATION COMMITTEE:
6. Approve minutes of the March 11, 2015 meeting of the Administration
Committee.
7. Approve the Senior Human Resources Analyst Lending Agreement between
Orange County Sanitation District (OCSD) and Costa Mesa Sanitary District
(CMSD), to contract an OCSD Senior Human Resources Analyst as the Interim
Human Resources Manager from March 21, 2015 through June 30, 2015, as a
workforce development opportunity.
STEERING COMMITTEE:
8. A. Approve minutes for the Special Steering Committee Meeting held on
March 25, 2015; and
B. Approve minutes for the Regular Steering Committee Meeting held on
March 25, 2015.
OMW15 OCSD Board of Directors Agenda Page 2 of 6
9. A. Adopt Resolution No. OCSD 15-08, entitled "A Resolution of the Board of
Directors of the Orange County Sanitation District approving and
authorizing the application for the Watersmart Title XVI Water
Reclamation and Reuse Feasibility Studies Program Grant Funds and the
Execution of Grant Documents with the United Stated Department of the
Interior, Bureau of Reclamation," and
B. Authorizing financial and legal commitment of funding agreement and
related documents for funding under the U.S. Bureau of Reclamation,
Water 2025, and directing staff to apply for a grant up to $450,000 for the
Effluent Reuse Study, Project No. SP-173.
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
10. Receive and file the minutes of the March 9, 2015 meeting of the Legislative and
Public Affairs Committee.
11. Receive and file the Public Affairs 2015/2016 Strategic Plan.
NON-CONSENT:
12. A. Consider, receive, and file the Initial Study/Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program for the Yorba Linda
Pump Station Abandonment, Project No. 2-73, prepared by Jacobs
Engineering Group; and
B. Adopt Resolution No. OCSD 15-09, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Mitigated
Negative Declaration for the Yorba Linda Pump Station Abandonment,
Project No. 2-73; and adopting a Mitigation Monitoring and Reporting
Program; and approving the Yorba Linda Pump Station Abandonment,
Project No. 2-73."
13. A. Introduce Ordinance No. OCSD-47, entitled "An Ordinance of the Board of
Directors of the Orange County Sanitation District, Establishing
Requirements and Procedures for the Purchase of Goods, Services, and
Public Works Projects; and Repealing Ordinance No. OCSD-44," and
B. Motion to read Ordinance No. OCSD-47 by title only and waive reading of
said entire Ordinance; and
C. Set April 22, 2015, as the date for the second reading and adoption of
Ordinance No. OCSD-47; and
03/25/15 OCSD Board of Directors Agentla Page 3 of 6
D. Direct the Clerk of the Board to publish summaries of the Ordinance as
required by law.
AB 1234 REPORTS:
INFORMATION ITEMS:
None.
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chair may convene the Board in closed session to consider matters of pending real estate
negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code
Sections 54956.8, 54956.9, 54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property, (b) matters of pending or potential litigation;
(c) employment actions or negotiations with employee representatives;or which are exempt from public
disclosure under the California Public Records Act, may be reviewed by the Board during a permitted
closed session and are not available for public inspection. At such time as the Board takes final action
on any of these subjects, the minutes will reflect all required disclosures of information.
Convene in closed session.
(1) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION
(Government Code section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subsection (d) of
Government Code section 54956.9.
Number of Potential Cases: 6.
Claims for Damage or Injury from: Southern California Edison, Rush N. Hill II,
Leslie Smith, Best Tailoring, 3Thirty3, and Ron and Colleen Bone.
(2) CONFERENCE WITH LEGAL COUNSEL RE ANTICPATED LITIGATION
(Government Code Section 54956.9(d)(4))
Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section
54956.9
Number of Potential Cases: 1
Recovery of sales tax paid to the State Board of Equalization on the purchase of
chemicals used to treat wastewater.
03/25/15 OCSD Board of Directors Agenda Page 4 of 6
(3) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Darrell Ennis Workers' Compensation Claim, Workers' Compensation Appeals Board,
Case Nos. ADJ7395741, ADJ9653966.
Reconvene in regular session.
CONSIDERATION OF ACTION ON MATTERS CONSIDERED IN CLOSED SESSION,
IF ANY:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
Adjourn the Board meeting until the next Regular Board Meeting on April 22, 2015, at
6:00 p.m.
OM5115 OCSD Board of Directors Agenda Page 5 of 6
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, not less than 72 hours prior to the meeting date and time above. All public
records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting
to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Kelly A. Lore
Acting Clerk of the Board
(714)593-7433
klore0ocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherbem(a)ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli(olocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomosonaocsd.com
Director of Facility Support Services Nick Amenities (714)593-7210 narhontes(Wocsd.com
Director of Finance and Lorenzo Tyner (714)593-7550 Itvner(a)ocsd.com
Administrative Services
Director of Operations&Maintenance Ed Torres 714 593-7080 etomes ocsd.com
OMWI5 OCSD Board of Directors Agenda Page 6 of 6
ITEM NO. 2A
Orange County Sanitation District
MINUTES
BOARD MEETING
February 25, 2015
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ROLL CALL
A regular meeting of the Board of Directors of the Orange County Sanitation District was
held on February 25, 2015, at 6:01 p.m., in the Administration Building. Director
Mariellen Yarc delivered the invocation and led the Pledge of Allegiance.
The Acting Clerk of the Board declared a quorum present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
X Tom Beamish, Chair Rose Espinoza
X John Nielsen, Vice-Chair Allan Bernstein
A Lisa Bartlett Michelle Steel
David Benavides X Sal Tinajero
X Steven Choi Lynn Schott
X Keith Curry Scott Peotter
Ellery Deaton X Sandra Massa-Lavitt
A Tyler Diep Joy Neugebauer
X James M. Ferryman Bob Ooten
X Steven Jones Kris Beard
Jim Katapodis X Erik Peterson
X Robert Kiley Michael Beverage
X Peter Kim Michele Steggell
X Lucille Kring Jordan Brandman
X Greg Mills Robert Collaoott
X Richard Murphy Shelley Hasselbrink
X Steve Nagel Michael Vo
A Glenn Parker Cecilia Hupp
X Gregory Sebourn Jan Flory
X David Shawver Carol Warren
X Fred Smith Steve Berry
X Teresa Smith Mark Murphy
X Chad Wanke Constance Underhill
X John Withers Douglas Reinhart
X Mariellen Yarc Stacy Berry
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant
General Manager; Rob Thompson, Director of Engineering; Lorenzo Tyner, Director of
Finance & Administrative Services; Ed Torres, Director of Operations & Maintenance;
Nick Arhontes, Director of Facility Support Services; Kelly Lore, Acting Clerk of the
Board; Jim Colston; Norbert Gaia; Al Garcia; Stephanie Good; Elvia Harvey; Andrew
Nau; Kelly Newell; and Paula Geller.
02/25/2015 Minutes of Board Meeting Page 2 of 10
OTHERS PRESENT: Brad Hogin (General Counsel); Michael Beverage (Alternate
Director, YLWD); Dan Bunce (Brown and Caldwell); Robert Collacott (Alternate Director,
City of Villa Park); Steve Filarsky (Consultant); and Robert Ooten (Alternate Director,
CMSD)
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS:
Director of Facility Support Services, Nick Arhontes, presented a 25 year Service Award
to Mark Esquer, Division 330, Engineering Manager.
Director T. Smith arrived at 6:10 p.m.
Director of Engineering, Rob Thompson, presented a 25 year Service Award to Vladimir
Kogan, Division 790, Senior Scientist.
REPORTS:
Chair Beamish announced the date of March 12, for the second Board Orientation;
Nerissa Director Tour dates of March 17 & March 19; and notified the Board that
requests for support letters for the WaterSmart Grant will be sent to the member
agencies on February 26.
General Manager, Jim Herberg, provided a brief report from his Monthly Update, which
included: Community outreach efforts: 14 plant tours, participation in the Garden Grove
Tet Festival, Science Night at Sunny Hills High School tours for Assembly Member Ling
Ling Chang and Assembly Member Matt Harper, and an upcoming tour for Assembly
Member Young Kim on March 6; Annual Honor Walk nominations which are due March
16; and the sale of excess air omission credits.
1. Received and filed Minute Excerpts of member agencies relating to appointments
to the Orange County Sanitation District Board, as follows:
City/Aaencv Active Director Alternate Director
Buena Park Fred Smith Steve Berry
Fullerton Greg Sebourn Doug Chaffee
OC Board of Supervisors Lisa Bartlett Michelle Steel
CONSENT CALENDAR:
2. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the
Regular Board Meeting held on January 28, 2015.
02/25/2015 Minutes of Board Meeting Page 3 of 10
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Mills; R. Murphy; Nagel; Nielsen; Sebourn; Shawver;
F. Smith; Tinajero; Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: Massa-Lavitt (Alternate); Peterson (Alternate) and T. Smith
ABSENT: Bartlett; Diep and Parker
OPERATIONS COMMITTEE:
3. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the
February 4, 2015 meeting of the Operations Committee.
AYES: Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa-
Lavitt (Alternate); Mills; R. Murphy; Nagel; Nielsen; Sebourn;
Shawver; F. Smith; T. Smith; Tinajero; Wanke; Withers; and
Yarc
NOES: None
ABSTENTIONS: Beamish; and Peterson (Alternate)
ABSENT: Bartlett; Diep and Parker
4. MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Design Services Agreement with Brown &
Caldwell to provide engineering design services for the Ocean Outfall
System, Project No. J-117, for an amount not to exceed $6,778,015; and
B. Approve a contingency of$677,801 (10%).
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith;
Tinajero; Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett; Diep and Parker
02/25/2015 Minutes of Board Meeting Page 4 of 10
ADMINISTRATION COMMITTEE:
5. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes of the
February 11, 2015 meeting of the Administration Committee.
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Sebourn; Shawver; F. Smith; Tinajero; Wanke; Withers; and
Yarc
NOES: None
ABSTENTIONS: Peterson (Alternate) and T. Smith
ABSENT: Bartlett; Diep and Parker
6. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file Orange
County Sanitation District Second Quarter Financial Report for the period ended
December 31, 2014.
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kring;
Massa-Lavitt (Alternate); Mills; R. Murphy; Nagel; Nielsen;
Peterson (Alternate); Sebourn; Shawver; F. Smith; Tinajero;
Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: Kim and T. Smith
ABSENT: Bartlett; Diep and Parker
7. MOVED, SECONDED, AND DULY CARRIED TO: Approve the FY 2015-16
budget assumptions and direct staff to incorporate these parameters in preparing
the FY 2015-16 budget update.
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Peterson; Sebourn; Shawver; F. Smith; Tinajero; Wanke;
Withers; and Yarc
NOES: None
ABSTENTIONS: T. Smith
ABSENT: Bartlett; Diep and Parker
02/25/2015 Minutes of Board Meeting Page 5 of 10
STEERING COMMITTEE:
Chair Beamish pulled Items 10 & 11 to be heard separately with roll call vote.
8. MOVED, SECONDED, AND DULY CARRIED TO: Approve minutes for the
Steering Committee Meeting held on January 28, 2015.
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Sebourn; Shawver; F. Smith; T. Smith; Tinajero; Wanke;
Withers; and Yarc
NOES: None
ABSTENTIONS: Peterson (Alternate)
ABSENT: Bartlett; Diep and Parker
9. MOVED, SECONDED, AND DULY CARRIED TO: Approve and authorize the
execution of the compensation agreement with the City of Garden Grove and
other taxing entities within the meaning of Health and Safety Code Section
34180(f), as required by the California Department of Finance.
AYES: Beamish; Choi; Curry; Ferryman; Kiley; Kim; Kring; Massa-
Levitt (Altemate) Mills; R. Murphy; Nagel; Nielsen; Peterson
(Alternate); Sebourn; Shawver; F. Smith; T. Smith; Tinajero;
Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: Jones
ABSENT: Bartlett; Diep and Parker
10. Consultant Steve Filarsky introduced Item No. 10 and stated that the MOU's
presented for approval were prepared as directed by the Board of Directors.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Adopt Resolution No. OCSD 15-04 entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the
Memoranda of Understanding between the Orange County Sanitation
District and the Orange County Employees Association (OCEA), for Fiscal
Years 2014/2015 & 2015/2016."
11=512015 Minutes of Board Meeting Page 6 of 10
B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs)
between Orange County Sanitation District and the three (3) OCEA
bargaining units.
Acting Clerk of the Board conducted a roll call vote as follows:
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kring;
R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn;
Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc
NOES: Kim; Mills; and T. Smith
ABSTENTIONS: Massa-Lavitt (Alternate)
ABSENT: Bartlett; Diep and Parker
11. General Manager, Jim Herberg, introduced Item No. 11. Mr. Herberg explained
the status of the following unrepresented employees, and the process for
providing these employees with the same proposal (terms) as to those
employees in Agenda Item No. 10.
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OCSD 15-05, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving Salary and Benefit
Adjustments for Unrepresented Non-exempt Confidential Employees for Fiscal
Years 2014/2015 & 2015/2016."
Acting Clerk of the Board conducted a roll call vote as follows:
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kring;
R. Murphy; Nagel; Nielsen; Peterson (Alternate); Sebourn;
Shawver; F. Smith; Tinajero; Wanke; Withers; and Yarc
NOES: Kim; Mills; and T. Smith
ABSTENTIONS: Massa-Lavitt (Alternate)
ABSENT: Bartlett; Diep and Parker
=2512015 Minutes of Board Meeting Page 7 of 10
12. MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD
15-06, entitled, A Resolution of the Board of Directors of the Orange County
Sanitation District Adopting a Revised Policy Regarding Board of Directors'
Expense Reimbursement and Meeting Attendance and Compensation and
Repealing Resolution No. OCSD 14-04.
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Peterson (Alternate); Sebourn; Shawver; F. Smith; T. Smith;
Tinajero; Wanks; Withers; and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett; Diep and Parker
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE:
13. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the minutes
of the February 9, 2015 meeting of the Legislative and Public Affairs Committee.
AYES: Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring; Massa-
Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen; Peterson
(Alternate); Sebourn; Shawver; F. Smith; T. Smith; Tinajero;
Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: Beamish
ABSENT: Bartlett; Diep and Parker
NON-CONSENT:
14. Director of Engineering, Rob Thompson introduced the item and provided a brief
report.
MOVED, SECONDED, AND DULY CARRIED TO:
A. Consider, receive, and file the Initial Study/Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program for the MacArthur Pump
Station Rehabilitation, Project No. 7-63, prepared by JACOBS; and
02t2512015 Minutes of Board Meeting Page 8 of 10
B. Adopt Resolution No. OCSD 15-07 entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Mitigated
Negative Declaration for the MacArthur Pump Station Rehabilitation
Project No. 7-63; Adopting a Mitigation Monitoring and Reporting
Program; an approving the MacArthur Pump Station Rehabilitation Project
No. 7-63."
AYES: Beamish; Choi; Curry; Ferryman; Jones; Kiley; Kim; Kring;
Massa-Lavitt (Alternate) Mills; R. Murphy; Nagel; Nielsen;
Peterson (Altemate); Sebourn; Shawver; F. Smith; T. Smith;
Tinajero; Wanke; Withers; and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett; Diep and Parker
AB1234 REPORTS:
Director Ferryman reported on the following from the respective committees he is a
member of:
• OCCOG, did not meet in February, next meeting is March 26.
• Borders Committee, next meeting is February 27.
• NWRI, met February 24 — EPA here to participate in roundtable. A workshop
was held February 25 regarding drought response.
• Director Ferryman also announced that the Santa Clara Valley Water District is
sponsoring an upcoming reverse osmosis concentrated management alternative
workshop.
INFORMATION ITEMS:
Chair Beamish welcomed newly appointed Director Sal Tinajero from the City of Santa
Ana.
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(d)(1); 54956.9(d)(4) and 54957.6
The Board convened in closed session at 6:41 p.m. to discuss three items. Confidential
minutes of the Closed Session 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 Meetings.
RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at
6:49 p.m.
02/25/2015 Minutes of Board Meeting Page 9 of 10
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin announced that the Board of Directors unanimously
approved the District's participation in the lawsuit "City of Los Angeles v. County of
Kern', Case No. S-1 500-CV-2841 00-KCT.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
The Chair adjourned the meeting at 6:50 p.m. until the Regular Board Meeting on March
25, 2015 at 6:00 p.m.
Kelly A. Lore
Acting Clerk of the Board
=2512015 Minutes of Board Meeting Page 10 of 10
ITEM NO. 26
Orange County Sanitation District
MINUTES
SPECIAL BOARD MEETING
March 12, 2015
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Administration Building
10844 Ellis Avenue
Fountain Valley, California 92708-7018
0 311 212 01 5 Minutes of Board Meeting Page 1 of 3
ROLL CALL
A Special meeting of the Board of Directors of the Orange County Sanitation District
was held on March 12, 2015, at 3:00 p.m., in the Administration Building.
The Clerk of the Board declared a quorum was not present as follows:
ACTIVE DIRECTORS ALTERNATE DIRECTORS
Tom Beamish, Chair Rose Espinoza
X John Nielsen, Vice-Chair Allan Bernstein
Steven Choi Lynn Schott
Keith Curry Scott Peotter
Ellery Deaton Sandra Massa-Levitt
Tyler Diep Joy Neugebauer
James M. Ferryman Bob Ooten
Steven Jones Kris Beard
X Jim Katapodis X Erik Peterson
Robert Kiley Michael Beverage
Peter Kim X Michele Steggell
Lucille Kring Jordan Brandman
Greg Mills X Robert Collacott
Richard Murphy Shelley Hasselbrink
Steve Nagel Michael Vo
X Lisa Bartlett Michelle Steel
Glenn Parker Cecilia Hupp
Gregory Sebourn Doug Chaffee
X David Shawver Carol Warren
X Fred Smith Steve Berry
Teresa Smith Mark Murphy
Sal Tinajero David Benavides
Chad Wanke Constance Underhill
John Withers Douglas Reinhart
X Mariellen Yarc X Stacy Berry
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant
General Manager; Rob Thompson, Director of Engineering; Ed Torres, Director of
Operations & Maintenance; Lorenzo Tyner, Director of Finance & Administrative
Services; Rich Spencer, Human Resources Manager, Mark Esquer, Engineering
Manager, Kelly Lore, Acting Clerk of the Board; Jennifer Cabral; Norbert Gaia; Al
Garcia; Lori Khajadourian, and Rebecca Long.
OTHERS PRESENT: Brad Hogin (General Counsel).
0N12/2015 Minutes of Board Meeting Page 2 of 3
PUBLIC COMMENTS:
None.
Board Member Orientation began with the following PowerPoint presentations and
presenters.
WELCOME & OPENING REMARKS Jim Herberg, General Manager
BOARD MEMBER ROLES & RESPONSIBILITIES John Nielsen, Vice-Chair
BROWN ACT, CONFLICT OF INTEREST Brad Hogin, General Counsel
AND RULES OF ORDER
OCSD HISTORY AND FUTURE Jim Herberg, General Manager&
Bob Ghirelli, Asst. General Manager
DISTRICT OPERATIONS Ed Torres, Director of Operations & Maintenance
Mark Esquer, Engineering Manager
OCSD FINANCES Lorenzo Tyner, Director of Finance &
Administrative Services
WORKFORCE PLANNING Richard Spencer, Human Resources Manager
CONCLUSION Q &A: Mr. Herberg answered questions from the Directors.
ADJOURNMENT: At 5:30 p.m. the Board Orientation concluded - The next
Regular Board Meeting will be held on March 25, 2015, at 6:00 p.m.
Kelly A. Lore
Acting Clerk of the Board
0N12/2015 Minutes of Board Meeting Page 3 of 3
BOARD OF DIRECTORS Meeting Dare I TOBA.of Dir.
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AGENDA REPORT Item Number Item Numbe
B
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: WORKFORCE DEVELOPMENT - COSTA MESA SANITARY DISTRICT
ALTERNATE DISTRICT ENGINEER CONTRACT
GENERAL MANAGER'S RECOMMENDATION
Approve the Employee Lending Agreement between Orange County Sanitation District
and Costa Mesa Sanitary District to contract an Alternate District Engineer on an as-
needed basis from March 25, 2015 through March 26, 2016, with an option to renew for
a subsequent 12 months, as a workforce development opportunity.
SUMMARY
On September 24, 2014, the Orange County Sanitation District (OCSD) Board of
Directors authorized the contract of an OCSD Senior Human Resources Analyst as the
Interim Human Resources Manager to the Costa Mesa Sanitary District for a period of
up to six (6) months. The resulting service has been beneficial to both agencies.
Recently, Costa Mesa Sanitary District (CMSD) requested another such contract
providing part-time plan check services on a project basis. OCSD's General Manager
and CMSD's General Manager have consulted, and the contract is mutually supported.
ADDITIONAL INFORMATION
Engineering staff consulted with General Counsel to ensure that all legal issues were
considered and addressed prior to presenting this opportunity to the Board of Directors.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD website (wwwocsd.conn with the
complete agenda package:
Employee Lending Agreement
KM:sa:gc
Page 1 of 1
Return to Aaenda Report
OCSD-CMSD Lending Agreement
Page 1 of 4
EMPLOYEE LENDING AGREEMENT
This Agreement is made this2J dray of March 2015,by and between Orange County Sanitation District,a
special district, (hereinafter, "OCSD")with Costa Mesa Sanitary District, a special district, (hereinafter,
"CMSD").
A. CMSD is a special district formed under the Sanitary District Act of 1923(Health&Safety Code
§§6400 et seq.).The District boundaries encompass all of the City of Costa Mesa and portions of
Newport Beach and unincorporated Orange County. The District provides wastewater collection
and transmission to Orange County Sanitation District facilities for treatment and disposal;
B. OCSD is a special district formed under the County Sanitation District Act of 1939 (Health &
Safety Code§§4700 et seq.)that provides wastewater collection,treatment,and disposal services
for central and northwest Orange County.
C. CMSD and OCSD desire to enter into an agreement wherein OCSD will permit employee Rudy
Davila,RE("Alternate")to serve as Alternate District Engineer("Position")for CMSD on an as-
needed basis for up to 12 months as a workforce development opportunity;
D. The workforce development opportunity arrangement will provide a public benefit to both Parties
as it will allow CMSD to provide ongoing sewer-related project design and approval when
conflicts of interest exist with current CMSD employees as well as providing ongoing
opportunities beneficial to OCSD and its employees;and
E. The purpose of this Agreement is to set forth the terms and conditions governing the
understanding between the Parties.
THE PARTIES AGREE AS FOLLOWS:
I. GENERAL TERMS
A. This Agreement shall be effective from March ?S 2015 through D1 bl✓A 2.417,01(g unless
terminated earlier as provided below.
B. The beginning date and ending date of the Position shall be mutually agreed by the parties prior
to the Alternate beginning in the Position.
C. The Parties may annually agree in extend the term of this Agreement for a subsequent 12 months.
D. Either party may terminate this Agreement without cause for any reason at any time upon giving
at least thirty (30) days prior written notice to the other party. Such notice shall state the
termination date.
E. Either Party may immediately terminate this Agreement for cause including, but not limited to,
the failure of the other Party to satisfy its obligations under this Agreement.
F. to the event of termination of this Agreement,Alternate shall immediately cease all activities in
the Position. Additionally, any payments owed by either party to the other will immediately
become due and outstanding.
Return to Mends Report
OCSD-CMSD Lending Agreement
Page 2 of 4
G. Both Patties agree not to subcontract,assign,or otherwise transfer the Agreement or any part of
the services m be performed under this Agreement without prior written consent and approval
from the other Party.
FL The Alternate shall provide services to CMSD on a project-basis and shall be for all purposes,an
independent contractor to CMSD. No employment relationship between Alternate and CMSD is
expressed or implied by this Agreement.
Q. CMSD'S RIGHTS AND RESPONSIBUM ES
A. CMSD shall pay to OCSD based on the time worked by Alternate in the Position and at the rate
of$66.00 per how and any finction thereof. In no event shall Alternate provide services in the
Position in excess of five hours per month without the express written approval of OCSD.
B. OCSD shall be the sole and exclusive Party responsible for determining Alternate's rate of pay
and amount of salary,wages,and benefits payable to Alternate during the period Alternate works
in the Position. Should OCSD need to increase the rate of compensation due to increases in
contractually obligated cost increases(e.g. merit increases, cost of living, health benefits, etc.),
CMSD agrees to negotiate with OCSD on such matter upon receiving proper notice from OCSD
of the need to discuss increases to the reimbursement rate above$66 Per how.
C. OCSD shall serve as the location for Alternate to provide all services for CMSD in the Position.
CMSD shall not require Alternate to provide services at any CMSD location without the express
written approval of OCSD.
D. CMSD shall pay all invoices within thirty(30)days of invoice date.
E. CMSD agrees not to eater into any contract or agreement with any other party,agency,entity,or
person which may have the effect of obligating OCSD in any way,except with the prior written
consent of OCSD.
F. CMSD, at its sole cost and expense, shall obtain, keep in force, and maintain any policy of
insurance necessary or appropriate to provide coverage,defense,or indemnification of OCSD as
it relates to Alternate or Alternates performance during the period Altemme works in the
Position.
G. CMSD shall inform Alternate of all CMSD policies,procedures,rules,and regulations applicable
to Alternate and notify Alternate that they are responsible for complying with CMSD's policies,
procedures,mles,and regulations during the period Employee works in the Position.
H. CMSD agrees and covenants that they will maintain a work environment free from unlawful
discrimination and/or harassment in compliance with federal and state law.
1. CMSD may stop Alternate from serving in the Position in its sole discretion and for any reason.
Should CMSD remove Alternate from the Position prior to the agreed terromation date, CMSD
shall notify OCSD of the removal and this Agreement will be deemed terminated upon said
notice and any payments owed by either party to the other will immediately become due and
outstanding.
Return to Mends Report
OCSD-CMSD Lending Agreement
Page 3 of 4
III. OCSD'S RIGHTS AND RESPONSIBILITIES
A. Alternate is an employee of OCSD and primarily engaged m work duties, tasks,and support for
OCSD. Alternate will provide contract services for CMSD in Position as time is available.
Should OCSD determine that CMSD's requests or demands of OCSD or Alternate unreasonably
interferes with Alternate's regular and expected work duties at OCSD, OCSD shall have the
authority to terminate the Agreement for cause.
B. OCSD shall assume sole and exclusive responsibility for the payment of Alternate's salary,
wages, and benefits during the period Alternate works in the Position. OCSD shall be the sole
and exclusive Party responsible for determining Alternate's rate of pay and amount of salary,
wages,and benefits payable to Alternate during the period Alternate works in the Position.
C. OCSD shall be solely responsible for the payment of any payroll taxes, withholdings, and any
other insurance premiums and benefits of any kind owed to Alternate.
D. OCSD shall invoice CMSD on a project-basis for all amounts incurred by Alternate for time
spent working in Position.
E. OCSD shall be responsible for counseling and disciplining Alternate. CMSD may provide input
on Alternate's performance to OCSD and may request OCSD take disciplinary action against
Alternate. OCSD shall maintain Alternate records, including but not limited to, personnel file,
medical file,and discipline file.
IV. INDEMNIFICATION.
A- CMSD agrees to defend all claims of loss, indemnify and hold harmless OCSD and its
officers, officials, agents, volunteers and employees from any and all claims for damage to
property,personal injury, wrongful death or other losses and costs, including but not limited to
reasonable attorney fees and defense costs, arising out of the negligent acts or omissions or
willful misconduct of CMSD or its agents, employees, officers, officials, or volunteers in the
performance of tlds Agreement. -
B. OCSD agrees to defend all claims of loss, indemnify and hold harmless CMSD and its
officers, officials, agents, volunteers and employees from any and all claims for damage to
property,personal injury, wrongful death or other losses and costs, including but not limited to
reasonable attorney fees and defense costs, arising out of the negligent acts or omissions or
willful misconduct ofOCSD or its agents, employees, officers, officials, or volunteers in the
performance ofthis Agreement.
C. No employee benefits shall be available to Alternate from CMSD to connection with
work performed under this Agreement. Except for the hourly rates paid by CMSD to OCSD as
provided in this Agreement, CMSD shall not pay any other form of compensation to OCSD or
Alternate for performing services hereunder. CMSD m not responsible for any taxes or
government withholdings on behalf of Alternate. OCSD agrees to defend, indemnify, and hold
CMSD hamdess against any claims for wages, salary, benefits, or withholdings made by or on
behalf of Alternate or any government entity for work performed under this Agreement.
D. CMSD agrees to defend all claims of loss, indemnify, and hold harmless OCSD and its
officers, officials, agents, volunteers and employees from any and all claims for damage to
property, personal injury, wrongful death or other losses and costs, including but not limited to
Return to Mends Report
OCSD-CMSD Lending Agreement
Page 4 of 4
reasonable attorney fees and defense costs, arising out of the negligent acts or omissions or
willful misconduct of the Alternate during the period Alternate works in the Position.
E. CMSD hereby releases, waives, and discharges OCSD its officers, officials, agents,
volunteers and employees from, and covenants not to sue OCSD for, any and all claims for
damage to property,personal injury, wrongful death or other losses and costs,including but not
limited to reasonable attorney fees and defense costs, arising out of the negligent acts or
omissions or willful misconduct of the Alternate during the period Alternate works in the
Position.
F. In the event that it is determined by a Court or similar judicial body that Alternate was
subjected to discrimination,harassment,or retaliation under any local,state,or federal law during
the time Alternate held the Position,CMSD shall pay the costs of OCSD's legal defense and fully
indemnify OCSD against any and all claims asserted against OCSD or its officers, officials,
agents, volunteers or employees per the terms of all indemnification provisions in this
Agreement.
G. CMSD expressly agrees that the foregoing Indemnification and Release provisions are
intended to be as broad as possible and inclusive as is permitted by the laws of the State of
California and that if any portion is held invalid, it is agreed that the balance shall,
notwithstanding,continue in full legal force and effect.
V. MISCELLANEOUS PROVISIONS
A. Captions and headings in this Agreement are solely for the convenience of the parties, are not a
part of this Agreement, and shall not be used to interpret or determine the validity of this
Agreement or any of its provisions.
B. This Agreement may be executed in any number of counterparts,each of which shall be deemed
an original,but all such counterparts together shall constitute one and the same instrument.
C. This Agreement is the entire agreement between the parties. No other agreements, oral or
written,have been entered into with respect to the subject matter of this Agreement.
D. The validity, interpretation, and performance of this Agreement shall be governed by and
construed in accordance with the laws of the State of California.
VI. EXECUTION
By suing below,each ofthe following represent that they have authority to execute this Agreement and
to bind the party on whose behalftheir signature is made.
COSTA MESA SANITARY DISTRICT ORANGE COUNTY SANITATION
G DISTRICT
BY
Name: Scott Carroll Name: Meg
Title: General Manager Title:
Date: March 10.2015 Date:
ITEM NO. 4
MINUTES OF THE
OPERATIONS COMMITTEE
Engineering, Operations & Maintenance, and Facilities Support Services
Orange County Sanitation District
A regular meeting of the Operations Committee of the Orange County Sanitation District
was held on March 4, 2015, at 5:01 p.m. at the District's Administrative Office.
Committee Chair Sebourn called the meeting to order and Director Bartlett led the Flag
Salute.
A quorum was declared present, as follows:
Operations Directors Present: Staff Present:
Greg Sebourn, Chair Jim Herberg, General Manager
David Shawver, Vice-Chair Rob Thompson, Director of Engineering
Lisa Bartlett Nick Arhontes, Director of Facilities Support
Ellery Deaton Services
Steve Jones Ed Torres, Director of Operations & Maintenance
Robert Kiley Lorenzo Tyner, Director of Finance &
Lucille Kring Administrative Services
Richard Murphy Kelly Lore, Acting Clerk of the Board
Steve Nagel Cindi Ambrose
Fred Smith Rich Castillon
Chad Wanke Mark Dubois
Mariellen Yarc Mark Esquer
Tom Beamish, Board Chair Dean Fisher
John Nielsen, Board Vice-Chair Norbert Gala
Al Garcia
Operations Directors Absent: Rob Michaels
None. Kathy Millea
Mike Puccio
Richard Spencer
Eros Yong
Others Present:
Brad Hogin, General Counsel
Bob Ooten (Alternate Director)
Mike Beverage (Alternate Director)
Veronica Carpenter
PUBLIC COMMENTS:
None.
03/04/2015 Operations Committee Minutes Page 1 &5
REPORT OF COMMITTEE CHAIR:
Committee Chair Sebourn did not provide a report.
REPORT OF GENERAL MANAGER
General Manager, Jim Herberg, reported that there will be a new formal leadership
training program for Management & Executive Management team beginning in May,
that will include one all-day session a month for a period of six months.
CONSENT CALENDAR:
1. MOVED, SECONDED, and DULY CARRIED TO: Approve Minutes of
February 4, 2015, Operations Committee meeting.
AYES: Deaton, Jones, Kiley, Kring, Murphy, Nagel, Sebourn,
Shawver, Smith, F., Wanke and Yarc
NOES: None
ABSTENTIONS: Bartlett
ABSENT: Beamish and Nielsen
Board Vice-Chair Nielsen arrived at 5:04 p.m.
Board Chair Beamish arrived at 5:10 p.m.
NON-CONSENT:
Director of Engineering, Rob Thompson provided a PowerPoint presentation regarding
this item which included: a summary of the Gisler-Redhill System Improvements, Reach
B, project 7-37, the reason for the request of additional funds and information on the
Community Outreach Program.
2. MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a budget increase of $2,800,000 for a total project budget of
$25,873,000 for the Gisler-Redhill System Improvements, Reach B, Contract No.
7-37.
AYES: Bartlett, Beamish, Deaton, Jones, Kiley, Kring, Murphy,
Nagel, Nielsen, Seboum, Shawver, Smith, F., Wanks and
Yarc
NOES: None
03/04/2015 Operations committee Minutes Page 2 of 5
ABSTENTIONS: None
ABSENT: None
3. Director of Finance and Administrative Services, Lorenzo Tyner, stated that the
proposed ordinance does not change or add any authority levels; adds
clarification language, and adds or brings clarification to procedures and
processes within the existing Purchasing Ordinance.
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Introduce Ordinance No. OCSD-47, entitled "An Ordinance of the Board of
Directors of the Orange County Sanitation District, Establishing
Requirements and Procedures for the Purchase of Goods, Services, and
Public Works Projects; and Repealing Ordinance No. OCSD44" for first
reading at the March 2015 Board meeting.
B. Motion to read Ordinance No. OCSD47 by title only and waive reading of
said entire Ordinance on March 25, 2015; and
C. Set April 22, 2015, as the date for the second reading and adoption of
Ordinance No. OCSD47; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as
required by law.
AYES: Bartlett, Beamish, Deaton, Jones, Kiley, Kring, Murphy,
Nagel, Nielsen, Seboum, Shawver, Smith, F., Wanke and
Yarc
NOES: None
ABSTENTIONS: None
ABSENT: None
INFORMATION ITEMS:
4. Workforce Planning
Human Resources Manager, Rich Spencer provided an informative PowerPoint
Presentation on Workforce Planning, which includes: organizational structure;
organizational overview; recognized employee organizations; unrepresented
employee groups; importance of workforce planning development efforts; and
workforce analysis, planning and development.
03/04/2015 Operations committee Minutes Page 3 of 5
Questions were answered from Mr. Spencer regarding the: percentage of
internal promotions; how open positions are promoted to the public; entry level
hiring; internships; licensing; attracting higher level employees; compensation
and class study; technical programs such as Santiago Canyon College and
transition and succession plans.
5. Geographic Information Systems (GIS)AT OCSD
IT System and Operations Manager, Rich Castillon announced his four vision
points for OCSD and then introduced Information Tech Supervisor Rob Michaels
who provided a PowerPoint presentation on the GIS system uses at OCSD that
include: Facility and sewer models, permits, asset management, CCTV, flow
tracing, Hydraulic and Air Dispersion modeling, Land records, sewer transfers
and statistics, map requests, boundary updates, ocean monitoring, underground
service alerts and mobile GIS/GPS.
Board Chair Beamish questioned the security of our infrastructure and how much
is operated by a computer system. Mr. Castillon stated most of the equipment is
computerized. He further stated that a Department of Homeland Security (DHS)
audit was just completed and when the results are received, it will be discussed
with Board. He further stated that security is taken very seriously at OCSD, that
nothing is completely safe, but we have the very best safeguards.
Director Wanks commended and congratulated the staff on the full utilization of
the GIS system.
DEPARTMENT HEAD REPORT:
Director of Operations and Maintenance, Ed Torres OCSD staff has provided long-term
beach water quality studies and oceanographic data that have resulted in approval from
the Santa Ana Regional Water Quality Control Board and the US Environmental
Protection Agency to stop disinfection at the long outfall after March 17, 2015. OCSD
will save approximately $420,000 per year as a result and improve the environment
near our ocean outfall.
Director of Finance and Administrative Services, Lorenzo Tyner reported on two
violations that were received from Cal/OSHA. The first was an employee who injured
their finger while working on some fan belts. Because of the injury, OSHA fined us and
we appealed that fine, however we were unsuccessful in the appeal. The exposure is
about $22,000 and is considered a serious violation. If there is a second violation, it
could be considered willful, with a fine of about $70,000 and other possible
assessments. Mr. Tyner stated that he does not anticipate that being an issue as we
have used this particular procedure over the last 20 years with no injuries. However,
we do take the OSHA report and the health of our employees seriously, and for
prevention, have done additional training, will be putting in additional guards, and will do
what is known as a safety stand-down where we will meet with the managers and
03/04/2015 Operations committee Minutes Page 4 of 5
supervisors impacted by that area, making sure they are aware of the injury and the
additional safeguards.
Mr. Tyner answered questions from the Committee regarding the severity of the injury
and condition of the employee; the actual circumstance of the injury with the fan belt in
motion, the electrical shut off; OSHA's reasons to deny appeal and costs of additional
training and safeguards.
Mr. Tyner stated that the second violation involved the use of a crane about 18 months
ago. This involved a procedural issue, there was no injury or potential injury, however,
OSHA found that we might not have been in complete compliance with our Standard
Operating Procedures (SOP). They found a technical variance in the way we used, or
planned for the use of the crane. We are in the process of looking at that item with
OSHA and anticipate the item be settled shortly. There are three pieces to this
violation, which include first, a procedural item with exposure in the $100-400 fine
range, the second item should be vacated as there is not enough evidence to support
the violation, and the third is a technical procedural item with exposure in the $5000 fine
range.
Mr. Tyner was asked how OSHA found out about these violations, to which he
responded that OCSD must report all injuries immediately to OSHA and that was the
case in the first violation. The second violation was reported to OSHA directly by an
employee onsite.
Director of Engineering Rob Thompson provided a brief update in regards to the
Newport Force Main and problems with the tunneling machine, which have hit what
appear to be some type of unmarked abandoned structure.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT
At 6:25 p.m., Committee Chair Sebourn declared the meeting adjourned to the next
scheduled meeting of Wednesday, April 1, 2015 at 5:00 p.m.
Submitted by,
Kelly A. Lore
Acting Clerk of the Board
03/04/2015 Operations Committee Minutes Page 5 of 5
OPERATIONS COMMITTEE Neebng Date TOf3A.of Dir.
03/04/15 03/25/15
AGENDA REPORT Item Number Item Number
2 5
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: GISLER-REDHILL SYSTEM IMPROVEMENTS, REACH B,
CONTRACT NO. 7-37
GENERAL MANAGER'S RECOMMENDATION
Approve a budget increase of $2,800,000 for a total project budget of $25,873,000 for
the Gisler-Redhill System Improvements, Reach B, Contract No. 7-37.
SUMMARY
The Orange County Sanitation District's (Sanitation District) 1999 Strategic Plan
identified a portion of the Gisler-Redhill System Improvements, Reach B, Contract
No. 7-37, to be hydraulically deficient. Flow monitoring conducted in 2004 has also
confirmed that the sewer is flowing approximately 90% full, and hydraulic modeling
indicates that peak wet weather flows would exceed the capacity of the pipeline.
The original project scope of work included constructing a parallel larger diameter trunk
sewer line to increase capacity. Upon completion of this original design, concerns were
raised by the City of Tustin (City) regarding traffic impacts that the project would have
on the community. The City requested that the Sanitation District look into alternative
means to improve the hydraulic deficiencies in the sewer system. A hybrid rehabilitation
design was then completed that included cross connections between the trunk and
parallel interceptor line to maximize capacity of the existing system preventing potential
spills, but not surcharges. This was a compromise, but allowed the project to move
forward to reduce risk of spills.
Recently, the City completed a section of Tustin Ranch Road, a parallel roadway that is
designed to relieve traffic volumes from Redhill Avenue. The Sanitation District then re-
approached the City and obtained approval to design and construct a new sewer to
replace the capacity and condition-deficient section of the trunk sewer with a new larger
sewer in the shoulder sections of Redhill Avenue. This revised scope of work provides a
long-term design providing capacity to eliminate the risk of a spill while also reducing
construction risks and impacts to the City by moving the pipeline to a less congested
area.
With the construction of the section of the new larger diameter trunk sewer, a section of
the old trunk sewer was originally planned to be abandoned and all existing private and
City laterals reconnected to the new trunk. However, this new larger trunk sewer and
the old trunk sewer are on opposite sides of Redhill Avenue. There is a regional water
main and jet fuel line between the old and new sewer. The old sewer will be refurbished
Page 1 of 2
and treated as a local sewer to preserve the private lateral connections. In addition,
private lateral connections in main trunk sewers create operations and maintenance
problems.
This budget increase is due to the additional construction cost required to build a new
larger diameter segment to replace the capacity-deficient trunk sewer pipeline.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Over the course of this project, the Sanitation District has been working cooperatively
with the City of Tustin, as well as the Cities of Santa Ana, Irvine, and IRWD, to design
and construct this new sewer while minimizing impacts to the busy street in this service
area. This has caused some inefficiency in design. We have been able to find effective
solutions to phase construction of portions of this line using existing city construction
contracts, as well as finding a new alignment that will benefit all parties with an
improved construction plan and reduced public impacts.
CEQA
This project was included in the 1999 Strategic Plan Program EIR, certified on
October 27, 1999. A Notice of Determination was filed on October 29, 1999.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This recommendation complies with authority levels of the Sanitation District's
Purchasing Ordinance. This item has been budgeted (Line item: FY2014-15 and
2015-16, Section 8, Page 42), and the budget is insufficient for the recommended
action. These additional requested funds will be allocated to the project from the
Replacement, Rehabilitation, and Refurbishment line item in the cash flow projections,
FY2014-15 and 2015-16, Section 4, Page 16.
HK:dm:gc
Page 2 of 2
ITEM NO. 6
MINUTES OF THE REGULAR MEETING OF
THE ADMINISTRATION COMMITTEE
Orange County Sanitation District
Wednesday, March 11, 2015, at 5:30 P.M.
A regular meeting of the Administration Committee of the Orange County Sanitation
District was called to order by Committee Vice-Chair Curry on March 11, 2015, at
5:30 p.m., in the Sanitation District's Administration Building.
Committee Vice-Chair Curry led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
John Withers, Chair Jim Herberg, General Manager
Keith Curry, Vice-Chair Bob Ghirelli, Assistant General Manager
Steven Choi Lorenzo Tyner, Director of Finance
Tyler Diep & Administrative Services
James Ferryman Rob Thompson, Director of Engineering
Jim Katapodis Nick Arhontes, Director of Facility Support
Peter Kim Services
Greg Mills Kelly Lore, Acting Clerk of the Board
Glenn Parker Mike White
Teresa Smith Cindi Ambrose
Sal Tinajero Jennifer Cabral
Tom Beamish, Board Chair Marc Dubois
John Nielsen, Board Vice-Chair Anne Marie Feery
Norbert Gaia
COMMITTEE MEMBERS ABSENT: Al Garcia
Randy Kleinman
Jackie Santos
Cori Voss
OTHERS PRESENT:
Brad Hogin, General Counsel
PUBLIC COMMENTS:
None.
REPORT OF COMMITTEE CHAIR:
Committee Vice-Chair Curry did not provide a report.
ON11/2015 Administration Committee Minutes Page 1 of 5
REPORT OF GENERAL MANAGER:
General Manager, Jim Herberg, did not provide a report.
REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES:
Director of Finance and Administrative Services, Lorenzo Tyner reported on two
violations that were received from Cal/OSHA. The first was an employee who injured
their finger while working on some fan belts. Because of the injury, OSHA fined us and
we appealed that fine, however we were unsuccessful in the appeal. The exposure is
about $22,000 and is considered a serious violation. If there is a second violation, it
could be considered willful, with a fine of about $70,000 and other possible
assessments. Mr. Tyner stated that he does not anticipate that being an issue as we
have used this particular procedure over the last 20 years with no injuries. However,
we do take the OSHA report and the health of our employees seriously, and for
prevention, have done additional training, will be putting in additional guards, and will do
what is known as a safety stand-down where we will meet with the managers and
supervisors impacted by that area, making sure they are aware of the injury and the
additional safeguards.
Mr. Tyner stated that the second violation involved the use of a crane about 18 months
ago. This involved a procedural issue, there was no injury or potential injury, however,
OSHA found that we might not have been in complete compliance with our Standard
Operating Procedures (SOP). They found a technical variance in the way we used, or
planned for the use of the crane. We are in the process of looking at that item with
OSHA and anticipate the item be settled shortly. This violation contains three items; a
procedural item with exposure in the $100-400 fine range, the second item should be
vacated as there is not enough evidence to support the violation, and the third is a
technical procedural item with exposure in the $5000 fine range.
CONSENT CALENDAR:
1. MOVED, SECONDED and DULY CARRIED TO: Approve Minutes of the
February 11, 2015, Administration Committee Meeting.
AYES: Beamish, Choi, Curry, Ferryman, Katapodis, Kim, Mills,
Nielsen, and Parker
NOES: None
ABSTENTIONS: None
ABSENT: Diep, Smith, Tinajero and Withers
03/11/2015 Administration Committee Minutes Page 2 of 5
2. MOVED, SECONDED and DULY CARRIED TO: Recommend to the Board of
Directors to: Approve the Senior Human Resources Analyst Lending Agreement
between Orange County Sanitation District (OCSD) and Costa Mesa Sanitary
District (CMSD), to contract an OCSD Senior Human Resources Analyst as the
Interim Human Resources Manager from March 21, 2015 through June 30, 2015,
as a workforce development opportunity.
AYES: Beamish, Choi, Curry, Ferryman, Katapodis, Kim, Mills,
Nielsen, and Parker
NOES: None
ABSTENTIONS: None
ABSENT: Diep, Smith, Tinajero and Withers
NON-CONSENT CALENDAR
Mr. Tyner provided a brief overview of this item. Director Parked requested information
regarding what controls are in place to provide compliance for this Ordinance. Mr.
Herberg stated the information would be provided at the next Board meeting.
3. MOVED, SECONDED and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Introduce Ordinance No. OCSD-47, entitled "An Ordinance of the Board of
Directors of the Orange County Sanitation District, Establishing
Requirements and Procedures for the Purchase of Goods, Services, and
Public Works Projects' for first reading at the March 2015 Board meeting."
and
B. Motion to read Ordinance No. OCSD-47 by title only and waive reading of
said entire Ordinance on March 25, 2015; and
C. Set April 22, 2015, as the date for the second reading and adoption of
Ordinance No. OCSD-47; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as
required by law.
AYES: Beamish, Choi, Curry, Ferryman, Katapodis, Kim, Mills,
Nielsen, and Parker
NOES: None
ABSTENTIONS: None
03/11/2015 Administration Committee Minutes Page 3 of 5
ABSENT: Diep, Smith, Tinajero and Withers
INFORMATION ITEMS:
Director Theresa Smith arrived at 5:36 p.m.
Director Diep arrived at 5:37 p.m.
4. Status of 2015-16 Insurance Renewals
Director of Finance and Administrative Services, Lorenzo Tyner stated that
insurance renewals are brought to the Board twice during the budget process.
These preliminary assumptions are being brought to the committee prior to the
actual action needed in June.
Dennis Mulqueeny, Senior Vice President of Alliant insurance provided a brief
presentation regarding each of OCSD's four major insurances (General Liability,
Workers' Compensation; Property and Flood, and Boiler & Machinery) with
coverages designed for government entity operations and the renewal costs of
each. The possibility of earthquake insurance was also discussed.
Mr. Mulqueeny then answered questions from the Committee regarding:
marketing processes to provide quotations; earthquake insurance estimates;
previous earthquake damage; California admitted/non-admitted carriers; and
minimum standards for a carrier which is AT
Director Choi requested a rate comparison and Director Parker requested
information on non-admitted carriers and further analysis prior to required action.
Mr. Herberg and Mr. Tyner stated that the information requested would be
provided in the near future.
Committee Chair Withers arrived at 5:50 p.m.
Director Diep left the meeting at 5:50 p.m.
5. FY 2015-16 District Budget Update
Controller, Mike White provided an informative PowerPoint Presentation on the
budgeted revenue update for fiscal years 2014-15 and 2015-16, including fees
and charges, which represent the largest component of revenues, property taxes
and single family residential fees which represent OCSD's largest revenue. Mr.
White stated that there is no new money debt issuance projected.
Director Tinaiero arrived at 6:00 p.m.
ON11/2015 Administration Committee Minutes Page 4 of 5
6. Workforce Planning
Human Resources Manager, Rich Spencer provided an informative PowerPoint
Presentation on Workforce Planning, which includes: organizational structure;
organizational overview; recognized employee organizations; unrepresented
employee groups; importance of workforce planning development efforts; and
workforce analysis, planning and development.
Questions were answered from Mr. Spencer regarding: percentage of internal
promotions; entry level hiring; internships; licensing; attracting higher level
employees; anticipated retiree costs; technical programs such as Santiago
Canyon College and transition and succession plans.
Director Choi left the meeting at 6:20 p.m.
Vice-Chair John Nielsen left the meeting at 6:25 p.m.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Mr. Herberg, stated that an update on budgeted expenditures will be provided next
month.
ADJOURNMENT:
Committee Chair Withers declared the meeting adjourned at 6:34 p.m., to the next
regularly scheduled meeting of April 8, 2015 at 5:30 p.m.
Submitted by:
Kelly A. Lore
Acting Clerk of the Board
03/11/2015 Administration Committee Minutes Page 5 of 5
ADMINISTRATION COMMITTEE N1'1g/15oate T1.11111.
03/113/25/15
AGENDA REPORT Item Number Item Numbe
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: WORKFORCE DEVELOPMENT - COSTA MESA SANITARY DISTRICT
EXTENSION OF INTERIM HUMAN RESOURCES MANAGER
CONTRACT
GENERAL MANAGER'S RECOMMENDATION
Approve the Senior Human Resources Analyst Lending Agreement between Orange
County Sanitation District (OCSD) and Costa Mesa Sanitary District (CMSD), to
contract an OCSD Senior Human Resources Analyst as the Interim Human Resources
Manager from March 21, 2015 through June 30, 2015, as a workforce development
opportunity.
SUMMARY
On September 24, 2014, the OCSD Board of Directors authorized the contract of an
OCSD Senior Human Resources Analyst as the Interim Human Resources Manager to
the Costa Mesa Sanitary District for a period of up to six (6) months. The resulting
contract began on October 20, 2015 and is set to expire on March 20, 2015.
Recently, CMSD requested an extension of the contract through June 30, 2015.
OCSD's Assistant General Manager and CMSD's General Manager have consulted,
and the extension is mutually supported. An extension would continue to provide a
qualified individual from OCSD to assist CMSD in strengthening their human resources
function and coach and mentor the administrative assistant currently supporting the
function. In addition, it would provide an extended workforce development opportunity to
the Senior Human Resources Analyst.
The temporary nature of the contract is intended to fill the gap at CMSD until the salary
and benefits cost of a full-time employee (FTE) can be budgeted by CMSD through its
regular annual budget process. CMSD's annual budget, with the addition of the FTE, is
anticipated to become effective July 1, 2015.
PRIOR COMMITTEE/BOARD ACTIONS
On September 24, 2014, the OCSD Board of Directors authorized OCSD to enter into
contract with CMSD for a period of up to six (6) months.
Page 1 of 2
ADDITIONAL INFORMATION
The assignment to CMSD is a leadership development opportunity that will provide the
OCSD Senior Human Resources Analyst with access to a professional growth
assignment that includes the oversight of an agency human resources function with
responsibilities across a wide spectrum of human resources programs. It also provides
for additional developmental opportunities that benefit both agencies; OCSD is able to
develop staff externally and transfer that learning back to OCSD, and CMSD is able to
fill a leadership void and capitalize on the diversity of OCSD human resources
programs. In turn, existing OCSD employees, both inside and outside of human
resources will have access to development opportunities by assuming the interim
vacant higher-level duties and responsibilities ("stretch" assignments).
Human Resources Management consulted with General Counsel to ensure that all legal
issues were considered and addressed prior to presenting this opportunity to the Board
of Directors. Two specific issues raised were the impact on risk and remuneration.
1. In this contractual relationship, OCSD recognizes associated exposures like
worker's compensation, employment practices liability and general liability are
present and will be addressed through the indemnification of OCSD by the CMSD. In
addition, the workers compensation liability will be transferred to the CMSD for the
term of the contact. The practice of contractually transferring such risks is
commonplace in both public and private settings. This approach also assures that
exposures and liabilities are properly managed.
2. To ensure that the OCSD employee contracted to the CMSD continues to receive
the full salary, benefits and retirement funding, OCSD will invoice the CMSD on a bi-
weekly basis to recover the full costs of the contracted employee. This will ensure
the opportunity does not raise concerns regarding the gift of public funds.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD website (Mm w.ocsd.com) with the
complete agenda package:
• Senior Human Resources Analyst Lending Agreement
• Existing Senior Human Resources Analyst Lending agreement, dated October
15, 2014
Page 2 of 2
Return to Meade Report
OCSD-CMSD Lending Agreement
Page 1 of 5
SENIOR HUMAN RESOURCES ANALYST
LENDING AGREEMENT
This Agreement is made this_day of Much 2015,by and between Orange County Sanitation District,a
special district (hereinafter, "OCSD") with Costa Mesa Sanitary District, a special district, (hereinafter,
"CMSD").
A. CMSD is a special district formed under the Sanitary District Act of 1923(Health&
Safety Code§§ 6400 et seq.). The CMSD boundaries encompass all of the City of Costa Mesa
and portions of Newport Beach and unincorporated Orange County. The CMSD provides
wastewater collection and transmission to Orange County Sanitation District facilities for
treatment and disposal;
B. OCSD is a special district formed under the County Sanitation District Act of 1939
(Health&Safety Code §§4700 et seq.)that provides wastewater collection,treatment,and
disposal services for central and northwest Orange County.
C. CMSD and OCSD previously entered into an agreement wherein OCSD assigned an
OCSD senior human resources analyst("HR Analyst")to serve as the interim human resources
manager for CMSD('Position')for six(6)months as a workforce development opportunity;
D. The workforce development opportunity arrangement benefitted both CMSD and OCSD;
E. CMSD requested to extend the terms of the Agreement through June 30,2015,to which
OCSD was amenable;and
F. The purpose of this Agreement is to set forth the terms and conditions governing the
understanding between the Parties.
THE PARTIES AGREE AS FOLLOWS:
I. GENERAL TERMS
A. This Agreement shall be effective from March 21,2015 through June 30,2015,unless
terminated earlier as provided below.
B. Either party may terminate this Agreement without cause for any reason at any time upon
giving at least thirty(30)days prior written notice to the other parry. Such notice shall state the
termination date.
C. Either Party may immediately terminate this Agreement for cause including,but not
limited to,the failure of the other Party to satisfy its obligations under this Agreement.
D. In the event of termination of this Agreement,HR Analyst shall immediately cease all
activities in the Position and return to OCSD. Additionally,any payments owed by either party to
the other will immediately become due and outstanding.
E. In no event shall HR Analyst be considered an employee of CMSD.HR Analyst shall
remain an employee of OCSD.
Return to Aaenda Report
OCSD-CMSD Lending Agreement
Page 2 of 5
F. Both Parries agree not to subcontract, assign,or otherwise transfer the Agreement or any
part of the services to be performed under this Agreement without prior written consent and
approval from the other Party.
IL CMSD'S RIGHTS AND RESPONSIBILITIES
A. CMSD shall comply with all applicable local, state, and federal labor laws as they apply
to HR Analyst including,but not limited to the Fair Labor Standards Act,Family and Medical
Leave Act,Americans with Disabilities Act,Title VII of the Civil Rights Act of 1964,California
Labor Code,Fair Employment and Housing Act,and California Family Rights Act.
B. CMSD shall reimburse OCSD at a rate of$73.30 per hour for all costs and payment of
salary,wages,and benefits related to the continued employment of HR Analyst during the period
HR Analyst works in the Position. This hourly rate includes,but is not limited to salary,wages,
healthcare benefits,retirement contributions,other vested benefits,and all payroll taxes and
withholdings applicable to such payments.Aside from the$73.30 per hour payment,CMSD shall
not be responsible to pay any compensation to OCSD or HR Analyst for work performed for
CMSD.
C. OCSD shall be the sole and exclusive Party responsible for determining and paying HR
Analyst's rate of pay and amount of salary,wages,and benefits payable to HR Analyst during the
period HR Analyst works in the Position.
D. CMSD shall notify OCSD of HR Analyst's use of medical leave, personal leave,
compensatory time off, administrative leave or floating holiday to allow OCSD to make
necessary adjustments to invoice amounts caused by HR Analyst's use of paid or unpaid leave.
E. CMSD shall pay all invoices within thirty(30)days of invoice date.
F. CMSD agrees not to enter into any contract or agreement with any other party, agency,
entity,or person which may have the effect of obligating OCSD in any way,except with the prior
written consent of OCSD.
G. CMSD, at its sole cost and expense, shall obtain, keep in force, and maintain any policy
of insurance necessary or appropriate to provide coverage, defense, or indemnification of OCSD
as it relates to HR Analyst or HR Analyst's performance during the period HR Analyst works in
the Position.
H. CMSD agrees and covenants that they will maintain a work environment free from
unlawful discrimination and/or harassment in compliance with federal and state law.
I. CMSD will, at its sole cost,provide HR Analyst with Workers' Compensation coverage
during the period HR Analyst works in the Position. Should CMSD fail to provide proper
Workers' Compensation coverage to HR Analyst, CMSD agrees to defend, indemnify, and
reimburse OCSD for any and all costs associated with Workers' Compensation coverage to HR
Analyst during the period HR Analyst works in the Position.
I. CMSD may remove HR Analyst from the Position in its sole discretion and for any
reason. Should CMSD remove HR Analyst from the Position prior to the agreed termination
Return to Meade Report
OCSD-CMSD Lending Agreement
Page 3 of 5
date, CMSD shall notify OCSD of the removal and this Agreement will be deemed terminated
upon said notice.
III. OCSD'S RIGHTS AND RESPONSIBILITIES
A. OCSD shall assume sole and exclusive responsibility for the payment of HR Analyst's
salary,wages,and benefits during the period HR Analyst works in the Position. OCSD shall be
the sole and exclusive Party responsible for determining HR Analyst's rate of pay and amount of
salary,wages,and benefits payable to HR Analyst during the period HR Analyst works in the
Position.
B. OCSD shall be solely responsible for the payment of any payroll taxes,withholdings,and
any other insurance premiums and benefits of any kind owed to HR Analyst.
C. OCSD shall invoice CMSD on a monthly basis for the hours HR Analyst works in the
Position.
D. OCSD shall be responsible for counseling and disciplining HR Analyst CMSD may
provide input on HR Analyst performance to OCSD and may request OCSD take disciplinary
action against HR Analyst OCSD shall maintain HR Analyst records,including but not limited
to,personnel file,medical file,and discipline file.
E. OCSD agrees that HR Analyst shall maintain information obtained at CMSD in
confidence and shall indemnify,defend and hold CMSD harmless from and against all claims and
damages arising from HR Analyst's breach of privacy laws arising from disclosure of information
obtained from CMSD.
IV. INDEMNIFICATION
A. CMSD agrees to defend all claims of loss,indemnify and hold harmless OCSD and its
officers,officials,agents,volunteers and employees from any and all claims for damage to
property,personal injury,wrongful death or other losses and costs, including but not limited to
reasonable attorney fees and defense costs,arising out of the negligent acts or omissions or
willful misconduct of CMSD or its agents,employees,officers,officials,or volunteers in the
performance of this Agreement.
B. OCSD agrees to defend all claims of loss,indemnify and hold harmless CMSD and its
officers,officials,agents,volunteers and employees from any and all claims for damage to
property,personal injury,wrongful death or other losses and costs, including but not limited to
reasonable attorney fees and defense costs,arising out of the negligent acts or omissions or
willful misconduct of OCSD or its agents, employees,officers,officials,or volunteers in the
performance of this Agreement.
C. No employee benefits, except workers compensation,shall be available to HR Analyst
from CMSD in connection with work performed under this Agreement. Except for the hourly
fees paid by CMSD to OCSD as provided for in this Agreement,CMSD shall not pay salaries,
wages,benefits,or any other form of compensation to OCSD or HR Analyst for performing
services hereunder.CMSD is not responsible for any taxes or government withholdings on behalf
of HR Analyst.OCSD agrees to defend,indemnity, and hold CMSD harmless against any claims
for wages, salary,benefits,or withholdings, exempting only workers compensation benefits,
Return to Mende Report
OCSD-CMSD Lending Agreement
Page 4 of 5
made by or on behalf of HR Analyst or any government entity for work performed under this
Agreement.
D. CMSD agrees to defend all claims of loss,indemnify,and hold harmless OCSD and its
officers,officials,agents,volunteers and employees from any and all claims for damage to
property,personal injury,wrongful death or other losses and costs, including but not limited to
reasonable attorney fees and defense costs,arising out of the negligent acts or omissions or
willful misconduct of the HR Analyst and relating to work performed by HR Analyst pursuant to
this Agreement during the period HR Analyst works in the Position.
E. CMSD hereby releases,waives,and discharges OCSD its officers,officials,agents,
volunteers and employees from, and covenants not to sue OCSD for,any and all claims for
damage to property,personal injury,wrongful death or other losses and costs,including but not
limited to reasonable attorney fees and defense costs,arising out of the negligent acts or
omissions or willful misconduct of the HR Analyst and relating to work performed by HR
Analyst pursuant to this Agreement during the period HR Analyst works in the Position.
F. In the event that it is determined by a Court or similarjudicial body that HR Analyst was
subjected to discrimination,harassment,or retaliation at CMSD property or by a CMSD
employee or official,under any local,state,or federal law during the time HR Analyst held the
Position,CMSD shall pay the costs of OCSD's legal defense and fully indemnify OCSD against
any and all claims asserted against OCSD or its officers,officials,agents,volunteers or
employees per the terms of all indemnification provisions in this Agreement.
G. CMSD and OCSD expressly agree that the foregoing Indemnification and Release
provisions are intended to be as broad as possible and inclusive as is permitted by the laws of the
State of California and that if any portion is held invalid, it is agreed that the balance shall,
notwithstanding,continue in full legal force and effect.
V. MISCELLANEOUS PROVISIONS
A. Captions and headings in this Agreement are solely for the convenience of the parties,are
not a part of this Agreement, and shall not be used to interpret or determine the validity of this
Agreement or any of its provisions.
B. This Agreement may be executed in any number of counterparts,each of which shall be
deemed an original,but all such counterparts together shall constitute one and the same
instrument.
C. This Agreement is the entire agreement between the parties. No other agreements,oral or
written,have been entered into with respect to the subject matter of this Agreement.
D. The validity, interpretation,and performance of this Agreement shall be governed by and
construed in accordance with the laws of the State of California.
VI. EXECUTION
By signing below, each of the following represent that they have authority to execute this Agreement and
to bind the party on whose behalf their signature is made.
Return b Meade Report
OCSD-CMSD Lending Agreement
Page 5 of 5
COSTA MESA SANITARY DISTRICT ORANGE COUNTY SANITATION
DISTRICT
By: By:
Name: Name: Tom Beamish
Title: Title: Rnard Chair
Date: Date:
ATTEST:
By: By:
Name: Name: Kelly Lore
Title: Title: Arfng0erkofrhPRoard
Date: Date:
Return to Aaeoda Report
SENIOR HUMAN RESOURCES ANALYST
LENDING AGREEMENT
This Agreement is made this Xtay,of October 2014,by and between Orange County Sanitation District,
a special district,(hereinafter,"OCSD')with Costa Mesa Sanitary District,a special district,(hereinafter,
"CMSD'j.
A. CMSD is a special district formed under the Sanitary District Act of 1923(Health&
Safety Cade§§6400 et seq.).The CMSD boundaries encompass all of the City of Costa Mean
and portions of Newport Beach and unincorporated Orange County. The CMSD provides
wastewater collection and transmission to Orange County Sanitation District facilities for
treatment and disposal;
B. OCSD is a special district formed under the County Sanitation District Act of 1939
(Health&Safety Code§§4700 et seq.)that provides wastewater collection,treatment,and
disposal services for central and northwest Orange County.
C. CMSD and OCSD desire to enter into an agreement wherein OCSD will assign an OCSD
senior human resources analyst("HR Analyst")to serve as the interim human resources manager
for CMSD("Position")for up to six(6)months as a workforce development opportunity;
D. The workforce development opportunity arrangement will benefit both CMSD and
OCSD;and
E. The purpose of this Agreement is to set forth the terms and conditions governing the
understanding between the Parties.
THE PARTIES AGREE AS FOLLOWS:
1. GENERALTERMS
A. This Agreement shall be effective from October 20,2014 through March 20,2015,unless
terminated earlier as provided below.
B. The beginning date and ending date ofthe Position shall be mutually agreed by the
parties prior to the RR Analyst beginning in the Position.
C. Either party may terminate this Agreement without cause for any reason at any time upon
giving at least thirty(30)days prior written notice to the other party. Such notice shall state the
termination date.
D. Either Party may immediately terminate this Agreement for muse including,but not
limited to,the failure of the other Party to satisfy its obligations under this Agreement.
E. In the event of termination of this Agreement,HR Analyst shall immediately cease all
activities in the Position and return to OCSD. Additionally,any payments owed by either party to
the other will immediately become due and outstanding.
Return to Mends Report
OCSD-CMSD Lending Agreement
Page 2 of 5
F. In no event shall HR Analyst be considered an employee of CMSD.HR Analyst shall
remain an employee of OCSD.
F. Both Parties agree not to subcontract,assign,or otherwise transfer the Agreement or any
part of the services to be performed under this Agreement without prior written consent and
approval from the other Party.
If. CMSD'S RIGHTS AND RESPONSIBILITIES
A. CMSD shall comply with all applicable local,state,and federal labor laws as they apply
to HR Analyst including,but not limited to the Fair Labor Standards Act,Family and Medical
Leave Act,Americans with Disabilities Act,Title VII of the Civil Rights Act of 1964,California
Labor Code,Fair Employment and Housing Act,and California Family Rights Act.
B. CMSD shall reimburse OCSD at a rate of$72 per hour for all costs and payment of
salary,wages,and benefits related to the continued employment of HR Analyst during the period
14R Analyst works in the Position. This hourly rate includes,but is not limited to salary,wages,
healthcare benefits,retirement contributions,other vested benefits,and all payroll fazes and
withholdings applicable to such payments.Aside from the$72 per hour payment,CMSD shall
not be responsible to pay any compensation in OCSD or FIR Analyst for work performed for
CMSD.
C. OCSD shall be the sole and exclusive Party responsible for determining and paying HR
Analyst's rate of pay and amount of salary,wages,and benefits payable to HR Analyst during the
period HR Analyst works in the Position.
D. CMSD shall notify OCSD of HR Analyst's use of medical leave, personal leave,
compensatory time off,administrative leave or Boating holiday in allow OCSD to make necessary
adjustments in invoice amounts caused by HR Analyst's use of paid or unpaid leave.
E. CMSD shall pay all invoices within thirty(30)days of invoice date-
F. CMSD agrees not to enter into any contract or agreement with any other party, agency,
entity,or person which may have the effect of obligating OCSD in any way,except with the prior
written consent ofOCSD.
G. CMSD,at its sole cost and expense,shall obtain,keep in force,and maintain any policy of
insurance necessary or appropriate to provide coverage,defense,or indemnification of OCSD as it
relates in HR Analyst or HR Analyst's performance during the period HR Analyst works in the
Position.
H. CMSD agrees and covenants that they will maintain a work environment free from
unlawful discrimination and/or harassment in compliance with federal and state law.
J. CMSD will,at its sole cost, provide HR Analyst with Workers' Compensation coverage
during the period HR Analyst works in the Position. Should CMSD fail to provide proper Workers'
Compensation coverage to HR Analyst,CMSD agrees to defend,indemnify,and reimburse OCSD
for any and all costs associated with Workers'Compensation coverage to HR Analyst during the
period HR Analyst works in the Position.
Return to Aaerda Report
OCSD-CMSD Lending Agreement
Page 3 of 5
K. CMSD may remove HR Analyst from the Position in its sole discretion and for any reason.
Should CMSD remove HR Analyst from the Position prior to the agreed termination date,CMSD
shall notify OCSD of the removal and this Agreement will be deemed terminated upon said notice.
III. OCSD'S RIGHTS AND RESPONSIBILITIES
A. OCSD shall assume sole and exclusive responsibility for the payment of HR Analyst's
salary,wages,and benefits during the period HR Analyst works in the Position. OCSD shall be
the sole and exclusive Party responsible for determining HR Analyst's rate of pay and amount of
salary,wages,and benefits payable to HR Analyst during the period HR Analyst works in the
Position.
B. OCSD shal I be solely responsible for the payment of any payroll taxes,withholdings,and
any other insurance premiums and benefits of any kind owed to HR Analyst.
C. OCSD shall invoice CMSD on a monthly basis for the hours HR Analyst works in the
Position.
D. OCSD shall be responsible for counseling and disciplining HR Analyst. CMSD may
provide input on HR Analyst performance to OCSD and may request OCSD take disciplinary
action against HR Analyst. OCSD shall maintain HR Analyst records,including but not limited
to,personnel file,medical file,and discipline file-
E. OCSD agrees that HR Analyst shall maintain information obtained at CMSD in
confidence and shall indemnify,defend and hold CMSD harmless from and against all claims and
damages wising from HR Analyst's breach of privacy laws arising from disclosure of information
obtained from CMSD.
IV. INDEMNIFICATION
A. CMSD agrees to defend all claims of loss,indemnify and hold harmless OCSD and its
officers,officials,agents,volunteers and employees from any and all claims for damage to
property,personal injury,wrongful death or other losses and costs,including but not limited to
reasonable attorney fees and defense costs,arising out of the negligent acts or omissions or
willful misconduct ofCMSD or its agents,employees,officers,officials,or volunteers in the
performance of this Agreement.
B. OCSD agrees to defend all claims of loss,indemnify and hold harmless CMSD and its
officers,officials,agents,volunteers and employees from any and all claims for damage to _
property,personal injury,wrongful death or other losses and costs,including but not limited to
reasonable attorney fees and defense costs,arising out of the negligent acts or omissions or
willful misconduct of OCSD or its agents,employees,officers,officials,or volunteers in the
performance of this Agreement.
C. No employee benefits,except workers compensation,shall be available to HR Analyst
from CMSD in connection with worked performed under this Agreement. Except for the hourly
fees paid by CMSD to OCSD as provided for in this Agreement,CMSD shall not pay salaries,
wages,benefits,or any other form of compensation to OCSD or HR Analyst for performing
services hereunder.CMSD is not responsible for any taxes or government withholdings on behalf
Return to Aaentla Report
OCSD-CMSD Lending Agreement
Page 4 of 5
of 14R Analyst.OCSD agrees to defend,indemnity,and hold CMSD harmless against any claims
for wages,salary,benefits,or withholdings,exempting only workers compensation benefits,
made by or on behalf of HR Analyst or any government entity for work performed under this
Agreement.
C. CMSD agrees to defend all claims of loss, indemnify,and hold harmless OCSD and its
officers,officials,agents,volunteers and employees from any and all claims for damage to
property,personal injury,wrongful death or other losses and costs,including but not limited to
reasonable attorney fees and defense costs,arising out of the negligent acts or omissions or
willful misconduct of the HR Analyst and relating to work performed by HR Analyst pursuant to
this Agreement during the period HR Analyst works in the Position.
D. CMSD hereby releases,waives,and discharges OCSD its officers,officials,agents,
volunteers and employees from,and covenants not to sue OCSD for,any and all claims for
damage to property,personal injury,wrongful death or other losses and costs,including but not
limited to reasonable attorney fees and defense costs,arising out of the negligent acts or
omissions or willful misconduct ofthe HR Analyst and relating to work performed by HR
Analyst pursuant to this Agreement during the period HR Analyst works in the Position.
E. In the event that it is determined by a Court or similar judicial body that HR Analyst was
subjected to discrimination,harassment,or retaliation at CMSD property or by a CMSD
employee or official,under any local,state,or federal law during the time HR Analyst held the
Position,CMSD shall pay the costs of OCSD's legal defense and fully indemnify OCSD against
any and all claims asserted against OCSD or its officers,officials,agents,volunteers or
employees per the terms of all indemnification provisions in this Agreement.
F. CMSD and OCSD expressly agree that the foregoing Indemnification and Release
provisions are intended to be as broad as possible and inclusive as is permitted by the laws of the
State of California and that if any portion is held invalid,it is agreed that the balance shall,
notwithstanding,continue in full legal force and effect.
V. MISCELLANEOUS PROVISIONS
A. Captions and headings in this Agreement are solely for the convenience of the parties,are
not a part of this Agreement,and shall not be used to interpret or determine the validity ofthis
Agreement or any of its provisions.
B. This Agreement may be executed in any number of counterparts,each of which shall be
deemed an original,but all such counterparts together shall constitute one and the same
instrument.
C. This Agreement is the entire agreement between the parties. No other agreements,oral or
written,have been entered into with respect to the subject matter of this Agreement.
D. The validity,interpretation,and performance of this Agreement shall be governed by and
construed in accordance with the laws of the State of California.
V1. EXECUTION
Return to Mends Report
OCSD-CMSD Lending Agreement
Page 5 of 5
By signing below,each of the following represent that they have authority to execute this Agreement and
to bind the party on whose behalftheir signature is made.
COSTA MESA SANITARY DISTRICT ORANGE COUNTY SANITATION
DISTRICT
By: ef"� N
Name: Scott Carroll Name: lames D.Herberg
Title: General Manager Title: General Manager
Date: Lf)" L3• N Date: /) 7—a/y
ITEM NO. 8A
MINUTES
STEERING COMMITTEE SPECIAL MEETING
Orange County Sanitation District
The Steering Committee meeting convened on Wednesday, February 25, 2015 at
9:35 a.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT
Tom Beamish, Chair Jim Herberg, General Manager
John Nielsen, Vice-Chair Bob Ghirelli, Assistant General
Keith Curry, Member-At-Large Manager
Steve Jones, Member-At-Large Kelly A. Lore, Acting Clerk of the Board
David Shawver, Member-At-Large Jana Botzheim
Jim Colston, Manager
Norbert Gaia
Al Garcia
COMMITTEE MEMBERS ABSENT:
Greg Sebourn, Operations Committee
Chair OTHERS PRESENT:
John Withers, Administration Kathy Jenson, Rutan and Tucker,
Committee Chair Independent Counsel to Steering
Committee
Melissa Thorme, Downey Brand
Special Prosecutor for OCSD
Matthew Kaplan, Tucker Ellis LLP,
Counsel for Klean Waters, Tim
Miller and Shaun Miller
William Dance, Tucker Ellis LLP
Counsel for Klean Waters, Tim
Miller and Shaun Miller
Shaun Miller, Klean Waters, General
Manager
Debra Chadwick, Court Reporter
Chair Beamish encouraged the Committee to give their undivided attention to all
parties during the hearing; avoid sidebar discussions and use of electronic devices;
keep an open mind until the presentations are completed; direct any questions of the
attorney's through the Chair by raising of hand; and be mindful of the court reporter,
so one person should speak at a time, and speak clearly.
Minutes of the Steering Committee-SPECIAL Meeting
February 25, 2015
Page 2 of 4
PUBLIC COMMENTS:
None.
NON-CONSENT CALENDAR:
Introductions were made of the parties present.
Mr. Kaplan began by stating that he had submitted facts to all parties that Mr.
Carmen Trutanich, the lead counsel for Klean Waters, Tim Miller and Shaun Miller,
had a medical emergency that has led to this requested continuance. He stated
that it is his client's constitutional due process right to have the lawyer they hired,
represent them. He feels there is no harm or prejudice to a short continuance.
Ms. Thorme objected to a continuance of the hearing, as she feels two of the three
lawyers who have been working for Klean Waters are present and capable. She
stated there is no certainty that Mr. Trutanich's medical issues will be resolved by
the time of a new hearing. She is concerned of the cost to the District with every
delay and stated that Klean Waters have a history of asking for continuances. She
requested that the Steering Committee deny the continuance.
Mr. Kaplan stated that the absence of Mr. Trutanich is a deprivation to his client and
that the requests for continuances were not illegitimate or nefarious. He stated that
there were legitimate reasons due to OCSD procedural issues. He further stated
that the delayed production of outstanding Public Records Act (PRA) requests were
also a reason for continuance. His client's fair opportunity to evidence, which lies in
the files of the district, is cause for continuance.
Mr. Kaplan clarified that the reference to "Klean Waters" is meant in the collective
state of"Klean Waters, Tim Miller and Shaun Miller."
Chair Beamish stated his support in continuing the hearing for medical reasons. He
is also concerned with the pending PRA requests, which he feels the defendant
should receive prior to the hearing. Finally, Chair Beamish feels that a full, seven
member Steering Committee would be advantageous.
Chair Beamish also stated that if the continuance were granted, he would suggest
the attorneys provide a single brief, in one book, for easy access and clarity.
Vice Chair Nielsen expressed concerns granting a continuance. He questioned staff
whether oversight and regular monitoring were being completed at the Klean Waters
site. Staff assured the Committee that regular monitoring is ongoing.
Director Curry, supports a recommendation to continue as he does not want to leave
any grounds for appeal.
Minutes of the Steering Committee-SPECIAL Meeting
February 25, 2015
Page 3 of 4
Discussion ensued regarding delivery of outstanding records requests, objections to
late briefs, and possible dates for the continuation if granted.
Director Shawver stated his objection to granting a continuance as he feels that the
facts of the case have been provided to the Committee, and he does not feel that
the absence of one person can change the facts.
1. MOVED, SECONDED AND DULY CARRIED TO:
A. Grant Klean Waters' request for a continuance of the hearing to a date
to be determined at this meeting; all arguments should be put into one
consolidated brief which should be delivered to the Board by 5:00 p.m.
fifteen (15) days prior to the hearing date; and that all requested Public
Records information be made available no later than 5:00 p.m. fifteen
(15) days prior to the hearing date.
AYES: Beamish, Curry and Jones
NOES: Nielsen and Shawver
ABSTENTIONS: None
ABSENT: Sebourn and Withers
The attorneys for Klean Waters requested that the outstanding Public Records Act
requests be provided to them at least 20 days prior to the hearing to allow time to
prepare their brief. After discussion OCSD staff stated that the documents would be
provided by March 6, 2015 and it was agreed by all that the briefings would be
delivered 10 days prior to the hearing on March 17, 2015.
MOVED, SECONDED AND DULY CARRIED TO:
B. Set the new date for the continued hearing to be March 27, 2015 at
9:30 a.m. with briefings from all parties due by March 17, 2015.
AYES: Beamish, Curry, Jones, Nielsen and Shawver
NOES: None
ABSTENTIONS: None
ABSENT: Sebourn and Withers
At the request of Mr. Kaplan, Chair Beamish ordered the deletion of both parties
Minutes of the Steering Committee- SPECIAL Meeting
February 25, 2015
Page 4 of 4
PowerPoint presentations which had been submitted to staff, but had not yet been
presented.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
None.
ADJOURNMENT:
The Chair declared the meeting adjourned at 10:17 a.m. to the next Steering
Committee meeting to be held on today, February 25, 2015 at 5:00 p.m.
Submitted by:
Kelly A. Lore
Acting Clerk of the Board
ITEM NO. 8B
MINUTES
STEERING COMMITTEE MEETING
Orange County Sanitation District
The Steering Committee meeting convened on Wednesday, February 25, 2015 at
5:03 p.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT
Tom Beamish, Chair Jim Herberg, General Manager
John Nielsen, Vice-Chair Bob Ghirelli, Assistant General
Greg Sebourn, Operations Committee Manager
Chair Rob Thompson, Director of
John Withers, Administration Engineering
Committee Chair Lorenzo Tyner, Director of Finance &
Keith Curry, Member-At-Large Administrative Services
Steve Jones, Member-At-Large Ed Torres, Director of Operations &
David Shawver, Member-At-Large Maintenance
Nick Arhontes, Director of Facility
Support Services
Kelly A. Lore, Acting Clerk of the Board
COMMITTEE MEMBERS ABSENT: Norbert Gaia
None. Al Garcia
Stephanie Good
Andrew Nau
Rich Spencer
OTHERS PRESENT:
Brad Hogin, General Counsel
Steve Filarsky, Consultant
PUBLIC COMMENTS:
None.
REPORTS:
Minutes of the Steering Committee
February 25, 2015
Page 2 of 5
Vice-Chair Nielsen reported on the recent Legislative and Public Affairs Committee
meeting including: Reviewed legislative processes with State and Federal;
educational opportunities including a contract with OC Dept. of Education;
introduced bills possibly affecting the District, and public outreach efforts.
Director Steve Jones arrived at 5:05 p.m.
General Manager Herberg reported on upcoming items of interest including: Plant
Tour with Assemblywoman Young Kim on March 6; New Board Orientation on
March 12, and Nerissa Director Tours on March 17 & 19. He further reported on the
launching of the new computerized maintenance management system "Maximo" on
January 23; upcoming Honor Walk procedures and nominations, which are due
March 16; the sale of excess air omission credits and a presentation that was made
at the City of Newport Beach Study Session regarding the Newport Beach force
main project.
CONSENT CALENDAR:
1. MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the
January 28, 2015 Steering Committee Meeting.
AYES: Beamish, Curry, Jones; Nielsen, Sebourn, and
Shawver
NOES: None
ABSTENTIONS: None
ABSENT: Withers
NON-CONSENT CALENDAR:
Director of Finance, Lorenzo Tyner provided a brief report regarding the execution of
this agreement and the need for approval of sale by all taxing agencies. He stated
that Director Steve Jones is the OCSD representative on the Oversight Committee
for the City of Garden Grove. Mr. Tyner further explained his communication with all
the oversight committees.
2. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
Approve and authorize the execution of the compensation agreement with the
City of Garden Grove and other taxing entities within the meaning of Health
Minutes of the Steering Committee
February 25, 2015
Page 3 of 5
and Safety Code Section 34180(f), as required by the California Department
of Finance.
AYES: Beamish, Curry, Nielsen, Seboum, and Shawver
NOES: None
ABSTENTIONS: Jones
ABSENT: Withers
3. Consultant Steve Filarsky stated that the MOU's presented for approval were
prepared as directed by the Steering Committee and the Board of Directors.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
A. Adopt Resolution No. OCSD 15-04 entitled, "A Resolution of the Board
of Directors of the Orange County Sanitation District approving the
Memoranda of Understanding between the Orange County Sanitation
District and the Orange County Employees Association (OCEA), for
Fiscal Years 2014/2015 & 2015/2016."
B. Direct staff to finalize and sign the Memoranda of Understanding
(MOUs) between Orange County Sanitation District and the three (3)
OCEA bargaining units.
AYES: Beamish, Curry, Jones; Nielsen, Sebourn, and
Shawver
NOES: None
ABSTENTIONS: None
ABSENT: Withers
4. General Manager, Jim Herberg, introduced Item No. 4, and explained the
status of the unrepresented employees, and the process for providing these
employees with the same contract provisions as to those employees in
Agenda Item No. 3.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
Adopt Resolution No. OCSD 15-05, entitled, "A Resolution of the Board of
Minutes of the Steering Committee
February 25, 2015
Page 4 of 5
Directors of the Orange County Sanitation District approving Salary and
Benefit Adjustments for Unrepresented Non-exempt Confidential Employees
for Fiscal Years 2014/2015 & 2015/2016."
AYES: Beamish, Curry, Jones; Nielsen, Sebourn, and
Shawver
NOES: None
ABSTENTIONS: None
ABSENT: Withers
5. Assistant General Manager, Bob Ghirelli explained that this item updates the
current resolution to incorporate a policy for compensation of mileage
reimbursement.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board
of Directors to:
Adopt Resolution No. OCSD 15-06, entitled, A Resolution of the Board of
Directors of the Orange County Sanitation District Adopting a Revised Policy
Regarding Board of Directors' Expense Reimbursement and Meeting
Attendance and Compensation and Repealing Resolution No. OCSD 14-04.
AYES: Beamish, Curry, Jones; Nielsen, Sebourn, and
Shawver
NOES: None
ABSTENTIONS: None
ABSENT: Withers
Director Withers arrived at 5:19 p.m.
CLOSED SESSION
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(d)(1); 54956.9(d)(4); and 54957.6
The Committee convened in closed session at 5:20 p.m. to discuss three items.
Confidential minutes of the Closed Session have been prepared in accordance with
the above Government Code Sections and are maintained by the Clerk of the Board
Minutes of the Steering Committee
February 25, 2015
Page 5 of 5
in the Official Book of Confidential Minutes of Board and Committee Closed
Meetings.
RECONVENED IN REGULAR SESSION: The Committee reconvened in regular
session at 5:55 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
The Chair declared the meeting adjourned at 5:56 p.m. to the next Steering
Committee meeting to be held on Wednesday, March 25, 2015 at 5:00 p.m.
Submitted by:
Kelly A. Lore
Acting Clerk of the Board
STEERING COMMITTEE Meath,Dare TOBA.Of Dir.
03/25/15 03/25/15
AGENDA REPORT Item Number Item Number
2 9
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: AUTHORIZING APPLICATION TO BUREAU OF RECLAMATION FOR
THE WATERSMART TITLE XVI WATER RECLAMATION AND REUSE
FEASIBILITY STUDIES GRANT PROGRAM
GENERAL MANAGER'S RECOMMENDATION
A. Adopt Resolution No. OCSD 15-08, entitled "A Resolution of the Board of
Directors of the Orange County Sanitation District approving and authorizing the
application for the WaterSMART Title XVI Water Grant Funds and the Execution
of Grant Documents with the United Stated Department of the Interior, Bureau of
Reclamation," and
B. Authorizing financial and legal commitment of funding agreement and related
documents for funding under the U.S. Bureau of Reclamation, Water 2025, and
directing staff to apply for a grant up to $450,000 for the Effluent Reuse Study,
Project No. SP-173.
SUMMARY
Staff has identified a grant opportunity through the U.S. Bureau of Reclamation, known
as WaterSMART Title XVI Water Reclamation & Reuse Program, that may be used for
the Orange County Sanitation District (OCSD) Effluent Reuse Study, Project
No. SP-173. The purpose of the grant is to fund projects that focus on identifying and
investigating opportunities to reclaim and reuse wastewater and naturally impaired
ground and surface water in the 17 Western States and Hawaii.
Project No. SPA 73 will evaluate the opportunities available to OCSD for recycling all of
its effluent and has a budget of $2,800,000. The Board of Directors approved a new
Five-Year Strategic Plan in November 2013 that identified future water recycling as a
strategic goal. California's current drought has made evaluating water recycling
opportunities crucial for the sustainability of the state's water resources.
The attached resolution (required by the U.S. Bureau of Reclamation) authorizes staff to
move forward with the application and formalizes our understanding of the grant
requirements. The requirements of this grant are not significantly different from other
grants received by OCSD, so the cost impact would be minimal.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
Page 1 of 2
ADDITIONAL INFORMATION
N/A
CEQA
Project No. SP-173 is exempt from CEQA pursuant to CEQA's Section 5262, Feasibility
and Planning Studies. A Notice of Exemption was filed on April 2011.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
The following attachment is attached in hard copy and may be viewed on-line at the OCSD website
(mm w.ocsd.com) with the complete agenda package:
Draft Resolution No. OCSD 15-08
RT:KM:CM:sa
Page 2 of 2
Return to Mende Report
RESOLUTION NO. OCSD 15-08
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE ORANGE COUNTY SANITATION DISTRICT
APPROVING AND AUTHORIZING THE APPLICATION
FOR THE WATERSMART TITLE XVI WATER
RECLAMATION AND REUSE FEASIBILITY STUDIES
PROGRAM GRANT FUNDS AND THE EXECUTION OF
GRANT DOCUMENTS WITH THE UNITED STATES
DEPARTMENT OF THE INTERIOR, BUREAU OF
RECLAMATION.
WHEREAS, The Board of Directors approved a five year Strategic Plan in
November 2013 establishing future water recycling as a strategic goal; and
WHEREAS, in furtherance of the Strategic Plan, the District is conducting an
Effluent Reuse Study (SP-173)to assess the feasibility of water recycling at Plant 2 and
to evaluate options to improve the region's local water supply reliability by substituting
recycled water for existing potable water demands; and
WHEREAS, the U.S. Department of the Interior, Bureau of Reclamation, has
announced grant funding through a program entitled "WaterSMART: Title XVI — Water
Reclamation & Reuse Program" ("Grant") established under Title XVI of Public Law No.
102-575 to assist in identifying and investigating opportunities to reclaim and reuse
wastewater and promote the availability of new sources of clean water while promoting
water and energy efficiency and environmental stewardship; and
WHEREAS, this resolution certifies the Board of Directors' approval of the
District's application for grant funding for the Grant.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: The Board of Directors hereby approves the District's application for
a Grant in the amount of $450,000 to the United States Department of the Interior,
Bureau of Reclamation, for Fiscal Year 2015-2016 to support SP-173, support water
reclamation and reuse, and promote water efficiency, sustainable water management,
and environmental stewardship.
Section 2: The Board of Directors authorizes the General Manager or his
designee to submit an application for the Grant and to negotiate and execute any
documents related to this Grant, including a grant application and cooperative
agreement, to accept financial assistance from the U.S. Department of the Interior,
Bureau of Reclamation.
"6132.2 OCSD 15-08-1
Return to Mende Report
Section 3. If the application for the Grant is approved, the District has the
capability to provide matching grant funds and/or in-kind contributions specified in the
grant requirements.
Section 4. The District will work with the U.S. Department of the Interior,
Bureau of Reclamation, to meet established deadlines for entering into a cooperative
agreement.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
March 25, 2015.
Tom Beamish
Chairman of the Board
ATTEST:
Kelly A. Lore
Acting Clerk of the Board
"63322 OCSD 15-08-2
Return to Mende Report
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Acting Clerk of the Board of Directors of the Orange County
Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 15-08 was
passed and adopted at a regular meeting of said Board on the 251 day of March 2015,
by the following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of Orange County Sanitation District this 251" day of March 2015.
Kelly A. Lore
Acting Clerk of the Board of Directors
Orange County Sanitation District
"63322 OCSD 15-08-3
ITEM NO. 10
MINUTES
LEGISLATIVE AND PUBLIC AFFAIRS
COMMITTEE MEETING
Orange County Sanitation District
The Legislative and Public Affairs Committee meeting convened on Monday,
March 9, 2015, at 8:00 a.m. in the Administration Building of the Orange County
Sanitation District. Chair Beamish called the meeting to order and Chair Beamish
led the pledge of allegiance.
A quorum was declared present, as follows:
COMMITTEE MEMBERS STAFF PRESENT
PRESENT:
Jim Herberg, General Manager
Tom Beamish, Board Chair Bob Ghirelli, Assistant General
John Nielsen, Board Vice-Chair Manager
Tyler Diep, Director Nick Arhontes, Director of Facilities
Greg Sebourn, Director Support Services
John Withers, Director Rob Thompson, Director of
Engineering
COMMITTEE MEMBERS ABSENT: Ed Torres, Director of Operations &
Maintenance
Robert Kiley, Director Lorenzo Tyner, Director of Finance &
Lucille Kring, Director Administrative Services
Kelly A. Lore, Acting Clerk of the
Board
Jennifer Cabral
Tanya Chong
Jim Colston
Gregg Detering
Norbert Gaia
Al Garcia
Rebecca Long
Kelly Newell
Cheryl Scott
OTHERS PRESENT:
Brad Hogin, General Counsel
Eric Sapirstein, ENS (via Teleconference)
David French, ENS (via Teleconference)
Ian Delzer, Townsend Public Affairs
Minutes of the Legislative and Public Affairs Committee
March 9,2015
Page 2 of 4
PUBLIC COMMENTS:
None.
REPORTS:
Chair Beamish announced that he has appointed Director Robert Kiley, Yorba
Linda Water District, to the Legislative and Public Affairs Committee but he was
unable to attend today's meeting.
General Manager Herberg reported that the American Society of Civil Engineers
(ASCE) Region 9 awarded Orange County Sanitation District Headworks at
Plant 2 their Wastewater Project of the Year Award. There was also an
infrastructure symposium where Mr. Herberg gave a presentation on water
resource recovery.
Mr. Herberg also reported that he, Chair Beamish, Vice-Chair Nielsen, and Senior
Public Affairs Specialist, Rebecca Long would be traveling to Washington D.C.
CONSENT ITEMS:
1. MOVED, SECONDED and DULY CARRIED TO: Approve minutes for the
Committee meeting held on February 9, 2015.
AYES: Beamish; Diep; Sebourn and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Kiley, Kring and Nielsen
Vice-Chair Nielsen arrived at 8:04 a.m.
INFORMATIONAL ITEMS:
Chair Beamish moved Item No. 3 forward
3. Legislative Updates
Eric Sapirstein and David French, ENS Resources reported that Rebecca
Long attended the CASA D.C. Conference last week. On March 17,
Rebecca Long, Chair Beamish, Vice-Chair Nielsen and General Manager
Herberg will also be traveling to Washington D.C. for meetings with: the
entire OC delegation, U.S. Bureau of Reclamation, Director of Civil Works
Minutes of the Legislative and Public Affairs Committee
March 9, 2015
Page 3 of 4
and the U.S. Army Corps of Engineers about what the district is trying to
accomplish. Ms. Sapirstein stated that the Department of Energy is
doubling its efforts on the hydrogen fuel front, which may lead to funding
opportunities in the coming months.
Ian Delzer, Townsend Associates reported on: Deadline for bill introduction
was February 27, 2293 bills were introduced and 60% of bills introduced
were spot bills; SB 119 (Hill) stakeholder meeting and effect to the District's
priorities; and Water Bond implementation.
I
2. Public Affairs Update
Principal Public Affairs Specialist, Jennifer Cabral provided an update on
recent public affairs activities including: 15 Plant tours including Orange
County Coastkeeper who collaborated with Inside the Outdoors; Science,
Technology and Math Summit at Sunny Hills High School; Garden Grove
Tat Festival. Ms. Cabral further reported on the Honor Walk and
construction outreach efforts.
Director Sebourn questioned staff as to the responsibility of the recent
traffic signal's power cut which was reported in the Daily Pilot. Director of
Engineering, Rob Thompson reported that Cal Trans is responsible for
marking its conduit.
NON-CONSENT ITEMS:
Ms. Cabral introduced the Public Affairs Staff, and provided a PowerPoint
Presentation of the Public Affairs Strategic Plan, which included a broad overview
of board relations, community relations, public education, capital projects and
maintenance outreach, traditional and social media relations, external
communications and internal communications. She then expanded on new
proposals and events for 2015/16.
Staff answered questions and heard suggestions regarding: construction news
through social media applications/maps; student career opportunities; OC Fair -
target audience; workforce planning; possibility of offering grants to technical
colleges to develop specific curriculum in line with OCSD's needs; Orange County
Business Council strategies; and providing information of OCSD capital projects at
City Council meetings during public comments section.
4. MOVED, SECONDED and DULY CARRIED TO: Recommend to the Board
of Directors to:
Receive and file the Public Affairs 2015/2016 Strategic Plan
Minutes of the Legislative and Public Affairs Committee
March 9, 2015
Page 4 of 4
AYES: Beamish; Diep; Nielsen; Seboum and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Kiley and Kring
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
Chair Beamish declared the meeting adjourned at 9:03 a.m. to the next Legislative
and Public Affairs Committee Meeting, April 13, 2015 at 3:30 o.m.
Submitted by:
Kelly A. Lore
Acting Clerk of the Board
LEGISLATIVE AND PUBLIC AFFAIRS MEETING Meeting Date To ad.Of Dir.
03/09/15 03/25/15
AGENDA REPORT Item Item Number
4 11
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Bob Ghirelli, Assistant General Manager
SUBJECT: 2015 PUBLIC AFFAIRS STRATEGIC PLAN
GENERAL MANAGER'S RECOMMENDATION
Receive and file the Public Affairs 2015/2016 Strategic Plan
SUMMARY
Public Affairs is instrumental in delivering messages that are accurate, informative and
designed to gain public trust and confidence. An integrated Public Affairs Strategic Plan
(Plan) is essential to deal effectively with the variety of audiences we serve.
Public Affairs staff provides services and tools, and implements programs to meet the
communication needs of both internal and external audiences for OCSD. This includes
planning and implementing media relations; website and intranet site content;
community, elected officials and government relations education, outreach and
relations; graphic development; and presentation support.
This Plan offers a vision to unify our communication efforts and focus resources to
achieve the greatest impact.
This Plan is intended to be a guide. As new issues arise, new functions and duties will
evolve as well. The role of the Public Affairs Office is to be proactive, responsive and
flexible in order to meet the needs of the agency.
Staff will provide a brief presentation to the Committee on the Plan.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
Page 1 of 2
BUDGET/PURCHASING ORDINANCE COMPLIANCE
The current budget is sufficient for the 2015 Public Affairs Strategic Plan as described.
(Section 6, page 12)
ATTACHMENT
The following attachment(s) is included in hard copy and may be viewed on-line at the OCSD website
(www.ocsd.coml with the complete agenda package:
2015 Public Affairs Strategic Plan
Page 2 of 2
Public Affairs
Strategic Plan
Promoting OCSD's Mission and Vision Through
Outreach, Education, and Advocacy.
Introduction
Public Affairs is instrumental in delivering messages that are accurate, informative and designed to gain
public trust and confidence.An integrated Public Affairs Strategic Plan is essential to deal effectively
with the variety of audiences we serve.
Public Affairs staff provides services and tools,and implements programs to meet the communication
needs of both internal and external audiences for OCSD.This includes planning and implementing media
relations;website and intranet site content; community, elected officials and government relations;
education and outreach;graphic development; and presentation support.
This plan offers a vision to unify our communication efforts and focus resources to achieve the greatest
impact in order to achieve the Board of Director's Strategic Goal of"Developing a unified legislative
advocacy and public outreach program."
Public Affairs Team
Jennifer Cabral, Principal Public Affairs Specialist
Rebecca Long,Senior Public Affairs Specialist
Kelly Newell, Public Affairs Specialist
Gregg Deterding, Graphics Coordinator
Cheryl Scott,Administrative Assistant
Mission
The Public Affairs Office promotes effective communication of OCSD's mission and vision through
outreach,education,and advocacy.
Vision
The Public Affairs Office is committed to communicating information about OCSD in a timely,accurate
and accessible way to the employees,the Board of Directors,the general public and the news media.
• We are committed to open, honest,clear and respectful two-way communication with our
audiences;
• We are dedicated to informing others about how OCSD serves the public and protects the
environment;
• We are committed to outstanding customer service by responding to requests quickly and
efficiently;and
• We are dedicated to teamwork and collaboration as well as being creative and taking the
initiative to be proactive.
1
Public Affairs Strategic Outreach Goals for 2015-2016
1. Establish and solidify OCSD's reputation as infrastructure leaders in the wastewater industry.
2. Create and maintain strongworking relationships with community stakeholders and influential
public including community-based organizations,chambers of commerce, and industry
organizations.
3. Create and maintain strong relationships with elected officials, policy makers at the local,state
and federal level.
4. Develop and maintain an active social media presence.
S. Utilize current website and intranet to effectively communicate with our employees and public
for the future.
6. Update informational videos to be used for tours, new employee orientation and educational
pieces.
7. Participate in at least 6 community events within OCSD's service area.
8. Host a"State of the District" event for influential leaders throughout the infrastructure and
wastewater industry.
9. Prepare a recommendation according to the General Managers Work Plan by June 30, 2015 for
the Board of Directors on OCSD's corporate identity and the possibility of moving OCSD's brand
from "wastewater'to a "resource recovery facility".
To achieve these goals,we present the following strategies and tactics, along with the primary staff
person assigned to that area.While individual staff members are the key contacts for each of our goals
we work collaboratively and in teams, reflecting our core values.Our staff recognizes the key role we
play at OCSD not only communicating information, but also teaching and consulting others and serving
as a resource to our Board of Directors and employees.
Strategies and Tactics
Award Tracking
Strategy: Public Affairs staff will track all awards won by OCSD by keeping a master list.This effort will
support the ability to publicize OCSD's recognized successes throughout our industry.
Lead staff: Kelly Newell and Cheryl Scott
Tactics:
• Create and maintain agency-wide database for award tracking purposes.
• Assist with applications on an as needed basis.
• Prepare talking points for the General Manager or Board Member to announce at next
Board/Committee meeting.
• Publicize awards and accomplishments via social media, News Pipeline,Website and press
releases as appropriate.
2
Board Relations
Strategy: Public Affairs staff will assist the General Manager with ongoing board relations and
communication.
Lead staff:Jennifer Cabral and Rebecca Long
Tactics:
• Assist General Manager and Assistant General Manager with keeping the Board Members
informed and up-to-date with OCSD activities.
• Assist in the development of the General Manager's Monthly Report.
• Provide New Board Member Orientation.
• Develop and keep current list of monthly informational presentations.
• Create informational presentation video library for the Board of Directors on key District topics.
• Provide regular reports to the Legislative and Public Affairs Committee.
• Develop OCSD's Annual Report
Capital Project and Maintenance Outreach
Strategy: Develop and implement outreach programs that can build community support and help build
awareness with targeted audiences to understand the scope of current and future projects and
maintenance work as well as offer the opportunity to provide input where appropriate.
Lead Staff:Jennifer Cabral working with Tanya Chong in Engineering and Kelly Newell
Tactics:
• Form a positive presence in the community prior to the start of construction projects or
maintenance activities that is personal and proactive.
• Proactively offer briefings and community meetings to impacted neighborhoods,civic groups,
businesses,schools, churches and other institutions nearby on an as needed basis.
Community Relationships,Education and Outreach
Strategy:The Public Affairs office is primarily responsible for facilitating positive relations,education and
outreach with external stakeholders.Our efforts in 2015-16 are focused on civic,community and
educational groups while targeting our efforts more strategically to have the most impact.
Lead staff: Kelly Newell, Rebecca Long and Cheryl Scott
Tactics:
• Research local chamber of commerce organizations, identify a select few to join.
• Attend chamber and standing community organizations' meetings on a quarterly basis.
• Attend industry meetings and gatherings on a quarterly basis.
• Develop a plan to expand OCSD's Tour Program and Speakers' Bureau.
3
• Work with Orange County Water District to host an Open House in August 2015.
• Execute the Inside the Outdoors contract to expand OCSD's educational program including the
Sewer Science program to 1,000 students within Orange County and bring an additional 700
students for tours.
• Host a minimum of 6 booths at community events throughout OCSD's service area.
Creating a Positive Visitor Experience
Public Affairs is responsible for creating an experience and an image for our visitors.
Lead staff: Gregg Deterding and Kelly Newell
Strategy: Provide a positive,and pleasant experience that represents OCSD's culture and Core Values.
Tactics:
• Keep the award display cabinet up-to-date by rotating awards.
• Keep the retiree display in the hallway up-to-date. On an annual basis collect the names of the
retirees and update the display board.
• With the installation of the Honor Walk in 2010,we will coordinate honor walk applications and
forward the information to the Steering Committee and EMT with a ceremony to occur each
May.
• This year, staff will develop a plan for tour and lab lobby display posters.These will be used on
various tours,and the lab displays are primarily for high school students.
Crisis Management
Strategy: It is imperative during a crisis situation that OCSD be proactive and provide clear and effective
messaging to employees, public and the media. Ensure the Public Affairs Office plays a vital role serving
as the spokesperson for OCSD during a crisis and facilitating dissemination of information. Not only do
we have a role in the Integrated Emergency Response Plan (IERP), but also being prepared for any
number of crisis situations.
Lead staff:Jennifer Cabral and Rebecca Long
Tactics:
• Maintain an updated crisis communication plan including regular briefings with staff to identify
possible issues and responses.
• Work with risk and safety on Public Affairs role in an emergency, including our role via the IERP.
• Ensure proper procedures are in place for Board,employees and public notification.
Employee Relations
Strategy:We value open and honest communication with our employees and towards that end,the
Public Affairs Office is committed to various efforts aimed at keeping OCSD informed about important
4
topics, increasing the overall quality of communications to our employees as well as tying the business
aspects of the agency with the human interest side.
Lead staff:Jennifer Cabral, Rebecca Long, Kelly Newell, and Cheryl Scott.
Tactics:
• Keep information on MyOCSD homepage current, relevant and useful for OCSD employees by
publishing two new stories per week.
• On a regular basis, staff will continue to support various departments with their communication
and outreach needs.
• PAO will produce 6 News Pipeline newsletters per year with a goal of circulating by the third
week of every other month.
• The Public Affairs Office will track volunteer incentive(VIP) points for all participating employees
and coordinate the annual VIP appreciation lunch.
• We will coordinate employee events:Annual Holiday Lunch and the Harvest Festival.
• Write and coordinate the 3 Things to Know email blast to be distributed to all staff each
Monday.
• Produce monthly bulletin the Digester.
Graphics Support
Strategy: Ensure OCSD's messaging and branding is included in all external presentations and
supplemental material.
Lead Staff: Gregg Deterding, Kelly Newell and Cheryl Scott
Tactics:
• Fulfill all requests for graphics, photos and logos.
• Update and maintain the corporate identity manual on use of fonts, graphics and logo.
• Create a new PowerPoint presentation layout.
• Provide consultation and advice.
Legislative Affairs
Strategy:The Public Affairs Office is responsible executing the Board approved 2015 Legislative Plan
included in Appendix A. In addition staff is responsible for tracking state and federal legislation,
managing the District's legislative advocates and seeking appropriations and grants.
Lead staff: Rebecca Long,Jennifer Cabral and Kelly Newell
Tactics:
• Annually update the Legislative Plan.
5
• Track bills and maintain a priority list of key legislation.
• Provide regular updates to the Legislative and Public Affairs Committee on state and federal
matters.
• Work with CASA and NACWA on state and federal issues to ensure OCSD's positions are
communicated.
• Manage the legislative advocates' contracts and facilitate regular communication between
lobbyists,staff and the Board of Directors.
• Seek appropriations and grants and provide support to other Divisions seeking grant funding.
• Monitor the state budget for possible impacts to OCSD.
Media Relations
Strategy:The Public Affairs team will maintain positive relations with traditional media and work with
reporters on possible stories to insert key messages and promote a positive image for OCSD. In addition,
we will publicize accomplishments on a regular basis.
Lead Staff:Jennifer Cabral and Rebecca Long
Tactics:
• Maintain positive relations with traditional print media and work with them as stories develop
to promote the positive aspects of OCSD's operations.
• Regularly issue releases on major events via press release or social media tools.
• Develop media strategies for important events,decisions,or actions.
• Conduct media training for Board leadership and key staff members.
Closing Comments
This plan is a broad outline of the Public Affairs Office program.As new issues arise, new functions and
duties will evolve as well.The role of the Public Affairs Office is to be proactive,responsive and flexible
in order to meet the needs of the agency.We will adjust our program accordingly.
Appendix
A. 2015 Legislative Plan
B. Public Affairs Activity Calendar
6
NSV SNNI iq /
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Orange County
Sanitation District
2015 Legislative Plan
Orange County Sanitation District
2015 Legislative Plan
Legislative Affairs Team
OCSD Staff
Rebecca Long,Senior Public Affairs Specialist (714)593-7444 rlong@ocsd.com
Jennifer Cabral, Principal Public Affairs (714)593-7581 jcabral@ocsd.com
Specialist
Robert Ghirelli (714)593-7400 rghirelli@ocsd.com
Assistant General Manager
Jim Herberg (714)593-7110 jherberg@ocsd.com
General Manager
Federal Lobbying Team
Eric Sapirstein (202)466-3755 esap@ensresources.com
ENS Resources
Sacramento Lobbying Team
Heather Dion (949)399-9050 hstratman@TownsendPA.com
Townsend Public Affairs
2
January 2015
Orange County Sanitation District
2015 Legislative Plan
Introduction
The Orange County Sanitation District(OCSD) recognizes the need for an active state and federal
legislative advocacy program to ensure that the interests of the ratepayers and the Board of Directors
are protected.Towards that end,the legislative team monitors activities in Sacramento and
Washington, D.C. and takes appropriate action in support or opposition of legislative initiatives.
Each year,the Board of Directors adopts a legislative plan,which is a summary of OCSD's goals, key
issues and policy positions.The following legislative policies have been developed by OCSD staff and
legislative advocates in consideration of OCSD's member agencies and policy needs.These Board-
approved policies serve as OCSD's official positions of support or opposition on issues of importance to
the agency.The legislative plan is a dynamic document,adopted annually and changing to meet the
needs of the Board.
The legislative team, in conjunction with the Board, may take appropriate action consistent with the
legislative plan, including, but not limited to, drafting letters, lobbying legislators and staff and crafting
bills.
Procedure for Taking Positions on Bills
1. Staff will track bills of greatest interest to OCSD, particularly those that fall within the goals and
objectives identified by the Board of Directors.Staff will monitor bills being watched by similar
agencies in Orange County(IRWD,SOCWA,OCWD, MWDOC,etc.)as well as state,federal and
national associations such as California Association of Sanitation Agencies(CASA),the California
Special Districts Association (CSDA)and the Association of California Water Agencies (ACWA)
and National Association of California Water Agencies(NACWA).
2. For those bills that are being tracked,where there is clear policy direction stated in the Board-
adopted legislative plan or adopted goals,staff can send letters and give direction to the
lobbyists to advocate that position.
3. Where a particular issue is not urgent,all legislative letters will be hand-signed by the Chair or
Vice-Chair. If a matter is urgent, staff may use the electronic signature,so long as a clear policy
direction exists.
4. When a bill does not fall within the scope of the legislative plan or is a politically controversial
issue,staff will seek direction from the Legislative and Public Affairs Committee.
S. If a bill does not fall within the scope of the legislative plan, but the California Association of
Sanitary Agencies(CASA),the California Special Districts Association (CSDA)or the National
Association of Clean Water Agencies(NACWA) has an adopted position,staff may follow this
position but must inform the Legislative and Public Affairs Committee of such action at the next
regularly scheduled meeting.
3
January 2015
Orange County Sanitation District
2015 Legislative Plan
Federal Priorities
• Support legislation that provides below market rate assistance to construct treatment facilities
such as infrastructure banks.
• Support at least$1.5 billion in annual federal appropriations to State Revolving Fund (SRF).
• Support legislation to revise the SRF allocation formula to reflect appropriate and fair share of
funding to California.
• Remove restrictions on the use of tax-exempt financing in conjunction with alternative financing
tools(WIFIA).
• Remove State Volume Caps on water and wastewater private activity bonds to allow for
innovative financing options such as public private partnerships.
• Oppose restrictions on tax-exempt financing for public infrastructure.
• Seek Federal funding for projects, including infrastructure funding,water recycling,ecosystem
restoration and alternative energy projects.
• Support development of CASA and NACWA's legislative priorities.
• Work with Congress to develop cost effective mandates to reduce compliance costs.
• Work with Congress and USEPA on proposals to modernize the Clean Water Act and Clean Air
Act.
Federal Tactics
Initiative Action
1. Identify and advise on . Monitor federal agency competitive grants announcements
federal funding opportunities for funding of alternative energy, bioenergy,water recycling,
for OCSD infrastructure projects beach protection and habitat conservation projects
. Schedule meetings with Federal agency officials stakeholders
and senior officials in D.C.and district offices to build support
for OCSD priority projects
2. Seek funding support for . Resubmit proposal for the WaterSmart grant if funding for
water recycling feasibility study feasibility studies becomes available
. Seek congressional letters of support for study assistance
. Arrange for meetings with key USER officials to discuss
proposed project
. Work with OCWD to ensure coordination on requested
assistance
. Arrange fortour of OCSD facility by federal officials to gain
understanding of project needs
3a.Seek funding support for . Work with hydrogen partners to develop next phase project
continuation of hydrogen activities
fueling station • Meet with U.S. Department of Energy and U.S. Environmental
Protection Agency federal officials to discuss project
continuation
• Secure support for unsolicited proposal
4
January 2015
Orange County Sanitation District
2015 Legislative Plan
3b.Seek funding assistance to • Meet with U.S. Department of Energy staff to discuss
advance recovery of energy funding opportunities and options
from biosolids • Work with other agencies to advance technologies
4.Seek funding • Meet with congressional delegation to seek support for
assistance/credit for Santa Ana assistance to remove rip rap
River Rip Rap removal • Work with Regional Partners to advance(SAW PA)
• Meet with U.S.Army Corp of Engineers officials to review
status of rip rap removal and permit compliance issues
S.Seek funding for • Submit request to delegation for support in fiscal year 2016
infrastructure project needs budget for project assistance
6.Support continued public • Work with NACWA and CASA in support of continued use of
financing tax-exempt financing and feasible innovative financing
approaches such as infrastructure banks to supplement
traditional funding approaches
• Submit testimony on tax-exempt financing
7.Support drought relief • Work with delegation to ensure incorporation of new
legislation that supports water programs for water recycling assistance
recycling assistance • Work with NACWA, CASA,ACWA to advance priority
8. Work with federal agencies • Work with the U.S. Environmental Protection Agency Office
on permitting issues of Water and Office of Air on emerging issues of concern
• Work with U.S. Department of Energy on alternative energy
permitting issues
• Work with U.S. Fish and Wildlife Service on environmental
site assessment issues
State Priorities
• Secure State funding including Prop 1,for the final expansion of GWRS and ongoing capital
projects.
• Secure funding through grants and legislation for the planning and feasibility studies,as well
as capital infrastructure improvements, at Plant No. 1 and Plant No. 2.
• Work with the current administration, legislators and their staff,key stakeholders,and
statewide associations to advocate for OCSD's desired goals.Amend,support and/or oppose
legislation that may impact OCSD and its operations.
• Continue to monitor the state budget and actively protect local property taxes.
• Monitor pension reform legislation for clean-up bills.
• Support efforts to competitively seek funding for projects that meet the state's goals of
expanded water supply and energy reduction.
• Oppose additional and redundant regulatory requirements that do not create a statewide
management program for biosolids.
• Oppose legislation or any regulations that would mandate volumetric pricing of wastewater.
• Where appropriate, pursue state funding for critical aging infrastructure,through funding
sources made available through the State Water Resources Control Board and Department of
Water Resources.
5
January 2015
Orange County Sanitation District
2015 Legislative Plan
State Tactics
Initiative Action
1. Develop a proactive . As legislation is introduced between January and February,and
legislative advocacy agenda as bills are amended, identify legislation that has the potential
to impact OCSD
. Recommend positions on identified legislation in alignment
with OCSD's legislative agenda
. Create and continually update a legislative matrix to track
identified pieces of priority legislation
. Schedule advocacy days in Sacramento with legislators and
committee staff
. Continue an active letter writing campaign in support or
opposition of priority legislation
. Schedule meetings with legislators,stakeholders and senior
officials in Sacramento and district offices to build support for
OCSD priority projects
. Participate in CASA legislative committees
2. Compile a comprehensive list . Meet EMT to discuss future capital projects and priorities
of Capital Improvement . Match capital improvements with funding opportunities based
projects on project eligibility
3. Monitor and advise on . Identify opportunities included in the water bond related to:
funding opportunities Water recycling-$725 million
available through Prop 1 Integrated Regional Water Management section-$69 million
. Proactively engage on the drafting of grant funding guidelines,
and provide input to drafting agency or committee to ensure
eligibility of OCSD projects and priorities are met
. Proactively engage on proposed legislation that would have an
impact on the implementation of funding guidelines and OCSD
priorities
. Identify funding opportunities and provide recommendations
for eligible projects
. Create a schedule on planning and execution of efforts to seek
funds, including outreach and advocacy strategy
4. Monitor and advise on . Monitor future solicitations and track guideline changes to the
funding available through Water-Energy grant: a $20 million opportunity
Cap and Trade . Identify eligible and competitive projects and programs
. Create a schedule on planning and execution of efforts to seek
funds, including outreach and advocacy strategy
5. Monitor and advise on . Track energy related grant opportunities
energy related funding . Identify potential projects for funding, including, but not
opportunities limited to: alternative energy,biosolids to energy conversion,
6
January 2015
Orange County Sanitation District
2015 Legislative Plan
and GHG reduction projects
. Schedule meetings with local delegation as well as key
members to discuss project benefits and funding opportunity
6. Schedule and attend . Educate current administration, key staff,and agencies on
advocacy and outreach priority projects and advocate for funding allocations that align
meetings to provide OCSD with OCSD priorities
project updates . Schedule stakeholder meetings to build support for projects
. Hold advocacy meetings in coordination with funding
opportunities and project timelines
. Work with relevant budget committees, budget sub-
committees, policy committees and their staff to advocate for
funding allocations that align with OCSD priorities
. Provide full briefings and updates to Orange County legislative
delegation and relevant members on OCSD priority projects
7. Regulatory relief to allow for . Outreach with Department of Toxic Substances,State Water
water recycling and Resources Control Board,the governor's office, legislative
expansion of GWRS for all leadership and other appropriate stakeholders
water flowing into Plant No.
2
8. Development and advocacy . Develop outreach calendar in conjunction with legislative
for design-build legislation deadlines and developments
targeted at OCSD projects . Create and update a legislative matrix to track identified pieces
of legislation
. Schedule briefings and updates with Orange County legislative
delegation and relevant members on OCSD related legislative
impacts and benefits
9. Development and . Work in conjunction with CASA to outreach,educate and
implementation of a develop an advocacy strategy for regulatory framework that
statewide biosolids land will support statewide objectives to manage biosolids land
application management application
policy
Legislative Policies
1. Air Quality:OCSD is committed to complying with federal,state, and local air quality laws and
rules.OCSD is further committed to establishing an odor policy to assure that OCSD is a good
neighbor to the surrounding communities.
a. Support air quality legislation that emphasizes the use of advance technologies and
applicable market incentives, and incentives for the use of alternative fuels and the
development of the infrastructure for alternative fuel vehicles.
b. Support measures that maintain and enhance local decision-making authority,where
appropriate, in the development and implementation of air quality attainment
strategies.
7
January 2015
Orange County Sanitation District
2015 Legislative Plan
c. Support legislation to ensure greater consistency between the California and Federal
Clean Air Acts; including the need to demonstrate cost-effective public health or
environmental benefit if California elects to exceed federal standards.
d. Support strategies that clearly demonstrate and provide for the most cost-effective
means for meeting air quality goals.
e. Support, in concept,legislation that would utilize incentives and pricing strategies as a
preferred alternative to traditional command and control regulations for meeting
emission reduction objectives for all sources.
f. Oppose actions that preclude implementation of the Air Quality Management Plan
(AQMP)to the extent that such actions could subject the basin to sanction or
conformity penalties.
2. Biosolids:OCSD strives to beneficially use biosolids through multiple management options
performed at reasonable costs that are protective of public health and the environment and
offer cost-effective alternatives to land application.
a. Support legislation that supports the beneficial use of biosolids on agricultural lands.
b. Support policies that encourage biosolids product use by horticulture,commercial,and
residential markets.
c. Oppose legislation that imposes new mandates or bans the use of biosolids for land
application in any region,county,or state.
d. Support alternative energy policy that encourages use of biosolids as a renewable
energy resource.
3. Grant Funding:OCSD is committed to advancing the state of knowledge in the treatment and
management of wastewater through the application of innovative and alternative technologies.
To this end,OCSD supports grants assistance to offset its research and special projects.
a. Support appropriations legislation, bonds, programs,and projects that provide funding
for infrastructure construction and rehabilitation,special studies and research or
projects relating to security,environmental education,water quality,wastewater
processing,urban runoff,and water recycling.
b. Support projects that provide for public benefit,over projects that are primarily
intended for private benefit or gain.
c. Oppose proposals placing further requirements on grant recipients that return low value
for high administrative costs.
4. Labor Relations:OCSD is committed to the exercise of and provision of orderly procedures for
the administration of employer-employee relations,including, but not limited to, meeting and
conferring in good faith with recognized employee organizations regarding the wages, hours of
work,and other terms and conditions of employment. As Congress considers reforming the
federal tax code,many of the provisions subject to reform may impact labor relations.
8
January 2015
Orange County Sanitation District
2015 Legislative Plan
a. Support measures to reform current workers compensation formulas to rely on higher
thresholds for compensation or a proportionate exposure formula.
b. Support health insurance reform that does not create additional financial burdens on
special districts.
c. Support measures to ease applicability of the Fair Labor Standards Act(FLSA)on public
agencies.
d. Oppose any measure imposing compulsory and binding arbitration with respect to
public employees.
e. Oppose any measure that imposes upon local government mandated employee benefits
that are more properly decided at the local bargaining table.
f. Oppose efforts reducing local control over public employee disputes and imposing
regulations on an outside agency.
g. Oppose any measure granting public employees the right to strike.
It. Oppose a new mandatory Social Security tax for public employers and public employees.
5. Planning:OCSD ensures the long-range planning of capital improvement programs in order to
deliver the highest quality facilities.
a. Support reform of existing state, regional,and local planning processes only if directly
linked to reforms in the current revenue and tax structure of state and local
governments.
b. Support measures that provide new revenues for growth management and the public
facilities necessary to support expected growth.
c. Support proposals encouraging regional,sub-regional or countywide cooperation in
planning urban development strategies,especially those that provide funding for
effective implementation of agreed upon goals.
d. Oppose legislation consolidating special districts that fail to address the concerns of
cities affected by the proposed consolidation.
e. Oppose measures that prevent or restrict the ability of cities or special districts to
participate in the Southern California Association of Governments'(SCAG)sub-regional
process.
6. Public Health: Protection of public health is OCSD's core mission. OCSD will work cooperatively
with county and state health officers to assure local health protection.
a. Support hazard mitigation,emergency response,planning and recovery through direct
legislation, policy directives and funding toward floodplain security within the Santa Ana
River watershed.
b. Support(generally) measures that provide for improved public health through
regulation.
c. Support the protection of public health through the construction and implementation of
advanced wastewater treatment technology.
9
January 2015
Orange County Sanitation District
2015 Legislative Plan
7. Public Works:OCSD is committed to the achievement of effective and efficient projects that
provides wastewater treatment services that benefit its ratepayers.
a. Support measures that provide funding and support to publicly owned treatment works
and sewerage collection systems.
b. Support legislation that allows public agencies to procure goods and services in manners
similar to private industry,thereby reducing overall costs of delivery.
c. Support legislation that improves the Utility Underground Service Alert Program in order
to improve coordination, identification,minimize damage, minimize environmental risks
and minimize cost exposure to publicly owned facilities when contractors are
performing sub-surface work.
d. Support a comprehensive response to the State's electricity and natural gas shortages
that provide a stable energy supply, respects the ability of municipalities to provide
power, recognizes that infrastructure(i.e.emergency and standby generators)exists
that could be employed temporarily during periods with minimal air quality impact and
protects ratepayers(including cities and special districts) against dramatic rate increases
and statewide power outages.
e. Support legislation that allows OCSD to utilize the Best Value Design/Build option for the
construction of public works projects.
f. Oppose Buy American mandates legislation that would increase project costs or prevent
the use of the most innovative technologies.
B. Revenue and Taxation:Track pending legislation to ensure OCSD remains in compliance with
the government code as it pertains to wastewater system user fees and property tax revenues
and the investment of public funds.
a. Support measures leading to a greater financial independence from the state and would
result in greater stability and predictability in local government budgeting.
b. Oppose measures that impose mandated costs for which there is no guarantee of local
reimbursement or offsetting benefits.
c. Oppose legislation that shifts tax revenues away from local governments without the
adequate provision of a constitutionally guaranteed backfill to offset the lost revenues
of those local governments.
d. Oppose measures that allow state retention of existing local revenue sources, including
the special district share of property tax,sales tax,vehicle license fees and rate payer
fees.
e. Oppose the use of revenues traditionally used to fund the delivery of municipal services
to fund programs for which the state is responsible,particularly the courts, health,and
welfare programs.
9. Special Districts:OCSD supports the maintenance of special districts to provide specific services,
in response citizen's demands,in a cost effective manner.
10
January 2015
Orange County Sanitation District
2015 Legislative Plan
a. Support outreach to local, regional,and state elected officials to foster a greater
understanding regarding the critical relationship between adequate reserves and the
successful short-and-long-term operation of water and wastewater agencies.
b. Support the work of the Association of California Water Agencies(ACWA), California
Association of Sanitation Agencies(CASA),and California Special Districts Association
(CSDA)in any future discussions or negotiations pertaining to the legislative and budget
issues relative to preserving control of members'reserves.
c. Oppose further state regulations that adversely impact special district financing and
operations.
d. Oppose measures that create or grant powers to sub-regional or regional bodies that
would result in an infringement on clearly local concerns.
e. Oppose any administrative or legislative efforts to access or transfer any reserve funds
held by water and wastewater districts.
f. Oppose the imposition of unfunded, mandated programs on local governments.
g. Oppose efforts that diminish OCSD's ability to govern efficiently and effectively,
including expanding the size of the Board of Directors.
10. Water Quality and Supply:OCSD is committed to participating collaboratively in the protection
of regional water resources for the benefit of the people we serve.
a. Support federal contribution for the removal of rip rap from Santa Ana River.
b. Support(generally)measures to increase water supply and improve water quality in the
region, including drought relief legislation.
c. Support measures that would increase funding for water reuse technologies, including
support for the Groundwater Replenishment System project by the Orange County
Water District and OCSD to create new water supplies through recycling.
d. Support U.S.Army Corps of Engineers projects for Orange County regarding watershed
and water quality protection and sand replenishment.
e. Support measures that promote and provide for the use of reclaimed water.
f. Support"watershed-based" solutions,including cost-shared studies with the US Army
Corps of Engineers of water quality impairments that reflect state-of-the-art science.
g. Support policy development,funding, and research for addressing urban runoff and
beach closures, including funding for studies that identify the sources of bacterial,viral
and other contaminants and human pathogens.
h. Support measures to evaluate water quality standards,as needed,to ensure the
objectives are appropriately protecting the designated use.
i. Support legislation that would direct USEPA levied fines to remain in the region.
j. Support legislation that clarifies the use of Clean Water Act citizen suits that are
frivolous and/or abusive of congressional intent.
k. Support measures addressing non-point source pollution in order to protect our ocean
water quality and provide funding to mitigate its effects, including integrated permitting
11
January 2015
Orange County Sanitation District
2015 Legislative Plan
approaches that can reduce costs and achieve water quality improvements while
allowing permits to be tailored to the needs of Orange County and its watershed.
I. Support national aspirational goal through legislation that promotes improved water
use efficiency in construction of water efficient buildings and communities.
m. Support legislation that promotes improved water use efficiency through state and
federal assistance in evaluating and implementing new programs and technologies and
increasing public awareness of water use efficiency.
n. Support legislation that provides for the development of the watershed approach,
including watershed management plans and watershed-based permitting.
o. Oppose proposed environmental constraints on government agencies that would result
in economic damage to the region while providing only minimal protections.
p. Oppose the imposition of statewide/nationwide fees for environmental cleanup that is
privately caused or regional in nature(e.g.,when the nexus between those responsible
for environmental abuse and those required to pay for cleanup or mitigation is absent).
q. Support measures to provide federal assistance to support urban runoff studies and
urban runoff reduction.
r. Support federal BEACHES Program to ensure that clean beach projects remain a top
priority for the state,whether through negotiations on upcoming resources bonds, in
setting of legislative priorities, implementation of funding programs,and in any other
relevant process.
12
January 2015
Public Affairs Activity Calendar
3rd Quarter FY 14/15 (Jan/Feb/Mar)
January IScience Night- Courrages Elementary School
February IScience Night- Sunny Hills High School
March IGarden Grove Tet Festival
March IChildrens Water Festival
March lWestminster Spring Festival
4rd Quarter FY 14/15 (Apr/May/June)
April Orange County Science and Engineering Fair
May Public Works Day
May OCSD Honor Walk
June ITustin Chili Cook Off
June I FV Summerfest
1st Quarter FY 15/16 (Jul/Aug/Sep)
August OCSD/OCWD Open House
September I HB Green Expo
September IState of the District Event
September lCoastal Clean Up Day
September IOCSD Annaul Report
September IVIP Luncheon
2rd Quarter FY 15/16 (Oct/Nov/Dec)
October ITustin Tiller Days
October lWings, Wheels & Roters Los Al
October IPlacentia Heritage Festival
October IOCSD Halloween Fesitval
December I Holiday Lunch's
3rd Quarter FY 15116 (Jan/Feb/Mar)
January lCourages School Science Night
February I Garden Grove Tet Festival
February lCosta Mesa High School Green Career Expo
March lWestminster Spring Festival
March Children's Water Festival
Public Affairs Activity Calendar
March jBiosollds Annual Report
March lAnnual OCSD Retirement Recognition
4rd Quarter FY 15/16 (Apr/May/June)
April Orange County Science and Engineering Fair
May IOC Public Works Day
May 11wine Korean Festival
May I OCSD Honor Walk
June ITustin Chili Cook Off
June I FV Summerfest
BOARD OF DIRECTORS Meeting Dare I TOBA.of Dir.
oB/zs/is
AGENDA REPORT em Number Item Numbe
iz
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: YORBA LINDA PUMP STATION ABANDONMENT, PROJECT NO. 2-73
GENERAL MANAGER'S RECOMMENDATION
A. Consider, receive, and file the Initial Study/Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the Yorba Linda Pump Station
Abandonment, Project No. 2-73, prepared by Jacobs Engineering Group; and
B. Adopt Resolution No. OCSD 15-09, entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Mitigated
Negative Declaration for the Yorba Linda Pump Station Abandonment, Project
No. 2-73; and adopting a Mitigation Monitoring and Reporting Program; and
approving the Yorba Linda Pump Station Abandonment, Project No. 2-73."
SUMMARY
The Yorba Linda Pump Station Abandonment Project (Project) will demolish the existing
pump station and the associated infrastructure, as well as abandon two gravity sewer
lines and a force main. The Orange County Sanitation District (Sanitation District) has
determined that upgrading the equipment and associated facilities is not practical due to
the high cost of rehabilitating the pump station and the apparent redundancy of the
facility after the Newhope-Placentia Trunk is upsized to meet additional demand for
future land development projects in the area.
The existing facility is located at 2600 E. Yorba Linda Boulevard in the City of Fullerton.
Abandoning the pump station will require removal of all above and below-ground
structures and equipment. In addition, 7,270 feet of an existing 30-inch force main will
be abandoned, as well as approximately 300 feet of gravity sewers. Once abandoned,
the pump station site will be restored and landscaped.
The wastewater currently pumped away from the Newhope-Placentia Trunk will be
allowed to gravity flow to the trunk line once it is upsized. The Newhope-Placentia
Trunk Replacement Project is currently in the design phase; construction will be
completed prior to abandoning the Yorba Linda Pump Station.
Pursuant to CEQA, a Mitigated Negative Declaration (MIND) was prepared because the
Project, with mitigation, cannot or will not have a significant effect on the environment.
Page 1 of 2
PRIOR COMMITTEE/BOARD ACTIONS
None
ADDITIONAL INFORMATION
None
CEQA
The Sanitation District, as lead agency, prepared an Initial Study analyzing the Project's
potential environmental impacts. Based on the Initial Study, it was determined that all of
the Project's potentially significant environmental impacts can be mitigated to a level of
less than significance. On this basis, an MND and Mitigation Monitoring and Reporting
Program have been prepared. A 30-day public review period commenced on
December 17, 2014. The Draft Initial Study/MND was also submitted to the State
Clearinghouse for a 30-day comment period (State Clearinghouse No. 2014121054).
The Sanitation District received comments on the Draft Initial Study/ MND, which are
attached as Appendix C to the MND. Responses to comments have also been included
in Appendix C to the MND.
The proposed Resolution making CEQA findings and adopting the MND and Mitigation
Monitoring and Reporting Program is attached for the Board of Director's consideration
and approval.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
• Exhibit A: Draft OCSD Resolution No. 15-09
• Exhibit B. Mitigated Negative Declaration
JDH:RT:DC:sa:gc
Page 2 of 2
Return to Mende Report
RESOLUTION NO. OCSD 15-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE ORANGE COUNTY SANITATION DISTRICT
ADOPTING THE MITIGATED NEGATIVE DECLARATION
FOR THE YORBA LINDA PUMP STATION
ABANDONMENT, PROJECT NO. 2-73; AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM;
AND APPROVING THE YORBA LINDA PUMP STATION
ABANDONMENT, PROJECT NO. 2-73
WHEREAS, the Orange County Sanitation District (the "District") is presently
considering the approval of a project known as the Yorba Linda Pump Station
Abandonment, Project No. 2-73 (the "Project");
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code Sections 21000 at seq. ("CEQA")) and the CEQA Guidelines
(California Code of Regulations, Title 14, Sections 15000 at seq.), the District as lead
agency prepared an Initial Study/Mitigated Negative ("IS/MND") for the Project that
analyzes the potential impacts of the Project, and identifies mitigation measures; and
WHEREAS, the District has consulted with other public agencies and the general
public, and provided such agencies and the public with the opportunity to provide written
and oral comments on the Project and the IS/MND as required by CEQA, including a
public review period of 30 days which commenced on December 16, 2014 and ended
on January 16, 2015
WHEREAS, on January 8, 2015 OCSD staff held a public meeting to provide a
further opportunity for public agencies and the general public to comment on the
IS/MND;
WHEREAS, the District has reviewed the comments received and has responded
to the significant environmental issues raised during the review and consultation
process;
WHEREAS, the comments received on the IS/MND, either in full or in summary,
together with the District's responses have been included in the Mitigated Negative
Declaration for the proposed Project; and
1001N3.1 OCSD 15-09-01
Return to Mende Report
WHEREAS, the Mitigated Negative Declaration, has been presented to the
District's Board of Directors (the "Board") for review and consideration prior to the
approval of, and commitment to, the Project.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District DOES HEREBY RESOLVE, DETERMINE AND ORDER:
1. The Board has independently reviewed and considered the Mitigated
Negative Declaration together with all comments received during the public
review process;
2. The Mitigated Negative Declaration reflects the independent judgment and
analysis of the Board;
3. The Board finds on the basis of the whole record before it that there is no
substantial evidence that the Project, as mitigated, will have a significant
effect on the environment;
4. The Board adopts the Mitigation Monitoring and Reporting Program (the
"MMRP"), attached as Attachment B to ensure that all mitigation measures
identified in the Mitigated Negative Declaration are implemented;
5. The Mitigated Negative Declaration has been completed in compliance with
the requirements of CEQA and is hereby adopted;
6. The Board approves the Yorba Linda Pump Station Abandonment, Project
No. 2-73.
7. The documents and other materials that constitute the record of proceedings
on which the Board's decision is based are located at the District
Administration Offices, 10844 Ellis Avenue, Fountain Valley, CA 92708 and
the custodian for these documents is the Clerk of the Board.
8. District staff is authorized and directed to file the Notice of Determination
(NOD) and any other documents in accordance with the requirements of
CEQA
1001N3.1 OCSD 15-09-02
Return to Mende Report
PASSED AND ADOPTED at a regular meeting of the Board of Directors held March 25,
2015
Tom Beamish,
Board Chair
ATTEST:
Kelly A. Lore,
Acting Clerk of the Board
1001N3.1 OCSD 15-09-03
Return to Mende Report
STATE OF CALIFORNIA )
)ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Acting Clerk of the Board of Directors of the Orange County
Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 15-09 was
passed and adopted at a regular meeting of said Board on the 25l day of March 2015,
by the following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of Orange County Sanitation District this 251h day of March 2015.
Kelly A. Lore
Acting Clerk of the Board of Directors
Orange County Sanitation District
1001N3.1
OCSD 15-09-04
Return to Mende Report
Mitigated Negative Declaration
Yorba Linda Pump Station
Abandonment Project
Fullerton, California
Prepared for
N�V SPNp4)/O
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Orange County Sanitation District
Prepared by
JACOBS
January 2015
Mitigated Negative Declaration
Project Proponent: Orange County Sanitation District(Sanitation District)
10844 Ellis Avenue, Fountain Valley,California 92708
Project Description: The Sanitation District proposes to abandon the existing Yorba Linda Pump
Station Project(Project) by demolishing it and its associated infrastructure and
abandoning two gravity sewer lines and a force main. Wastewater that
currently flows to the pump station would be conveyed by gravity to the
Newhope-Placentia Trunk, located in State College Boulevard,west of the
project site.
Project Location: 2600 East Yorba Linda Boulevard,Fullerton, California. Comer of Yorba
Linda Boulevard and Campus Drive (Associated Road)
Finding: Pursuant to the provisions of the California Environmental Quality Act
(CEQA), the Sanitation District has determined that the proposed Project will
not have a significant effect on the environment. Following an Initial Study
and assessment of possible adverse impacts,the proposed Project was
determined not to have a significant impact on the environment. Therefore,
the Sanitation District has prepared a Mitigated Negative Declaration in
accordance with the provisions of CEQA.
The Initial Study is available at www.ocsd.com. Copies are also available for viewing at:
• Orange County Sanitation District,Administrative Office Bldg., Engineering Department, 10844
Ellis Avenue, Fountain Valley, CA 92708
• Fullerton Public Library, 353 W. Commonwealth Ave., Fullerton,CA 92832
• Placentia Library District,411 E Chapman Ave.,Placentia, CA 92870
Staff: Signature:
Date:
Initial Study
Yorba Linda Pump Station
Abandonment Project
Fullerton, California
Prepared for
J,,, SP NII4I/O
H
9 4
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Orange County Sanitation District
Prepared by
JACOBS
January 2015
Table of Contents
Tableof Contents....................................................................................................................................i
1.0 Introduction................................................................................................................................. 1
1.1 Background ............................................................................................................................. 1
1.2 Purpose................................................................................................................................... 1
1.3 Statutory Requirements and Authority..................................................................................... 1
1.4 Permits and Approvals.............................................................................................................2
1.5 Agency Consultation and Coordination....................................................................................2
2.0 Project Description...................................................................................................................... 3
2.1 Project Background and Location............................................................................................3
2.2 Project Elements .....................................................................................................................3
2.3 Project Construction ................................................................................................................7
2.4 Project Operation.....................................................................................................................9
3.0 Environmental Checklist Form................................................................................................... 10
3.1 Project Description and Background...................................................................................... 10
3.2 Determination........................................................................................................................ 11
3.3 Evaluation of Environmental Impacts..................................................................................... 12
3.4 CEQA Checklist..................................................................................................................... 14
4.0 Environmental Evaluation.......................................................................................................... 25
4.1 Aesthetics..............................................................................................................................25
4.2 Agricultural Resources...........................................................................................................26
4.3 Air Quality..............................................................................................................................26
4.4 Biological Resources.............................................................................................................30
4.5 Cultural Resources................................................................................................................31
4.6 Geology and Soils ................................................................................................................. 33
4.7 Greenhouse gas Emissions................................................................................................... 36
4.8 Hazards and Hazardous Materials......................................................................................... 38
4.9 Hydrology and Water Quality.................................................................................................43
4.10 Land Use and Planning .........................................................................................................46
4.11 Mineral Resources.................................................................................................................47
4.12 Noise.....................................................................................................................................47
4.13 Population and Housing.........................................................................................................49
4.14 Public Services...................................................................................................................... 50
4.15 Recreation.............................................................................................................................51
4.16 TransportationfTraffic.............................................................................................................51
4.17 Utilities and Service Systems................................................................................................. 54
4.18 Mandatory Findings of Significance....................................................................................... 55
5.0 Preparers and Contributors....................................................................................................... 57
6.0 References................................................................................................................................ 58
Appendix A: Deconstruction Emission Calculations
Appendix B: Mitigation Monitoring and Reporting Plan
Appendix C: Comment Letters and Response to Comments
Table of Figures
Figure2-1: Project Vicinity Map............................................................................................................5
Figure2-2: Project Area Map.................................................................................................................6
List of Tables
Table 1-1: Project Permits and Approvals.............................................................................................2
Table 2-1: Construction Equipment for Deconstruction of Pump Station by Construction Phase............8
Table 2-2: Construction Equipment for Abandonment of Force Main by Construction Phase.................9
Table 2-3: Construction Equipment for Abandonment of Gravity Sewer Lines by Construction Phase...9
Table 4-1: Projected Deconstruction Emissions by Phase...................................................................28
Table 4-2: Historic Resources within Direct and Indirect Area of Potential Effects ............................... 32
Table 4-3: On-Road Greenhouse Gas Emissions................................................................................ 36
Table 4-4: Off RoadGreenhouse Gas Emissions................................................................................37
iii
Acronyms and Abbreviations
APE Area of Potential Effect
AQMP Air Quality Management Plan
BMP best management practice
CEQA California Environmental Quality Act
CO carbon monoxide
EIR Environmental Impact Report
lb/day pounds per day
NOx nitrogen oxides
NPDES National Pollutant Discharge Elimination System
PM10 particulate matter less than 10-microns
Project Yorba Linda Pump Station Abandonment Project
ROC reactive organic compounds
Sanitation District Orange County Sanitation District
SCAB South Coast Air Basin
SCAQMD South Coast Air Quality Management District
sox sulfur oxides
SWPPP Storm Water Pollution Prevention Plan
iv
1 .0 Introduction
1.1 Background
This Initial Study has been prepared in accordance with the California Environmental Quality Act
(CEQA) guidelines and regulations. The Initial Study examines the direct, indirect, growth-inducing,
irreversible, short-and long-term, and cumulative environmental effects associated with the demolition
of the proposed Yorba Linda Pump Station Abandonment Project(proposed Project).
1.2 Purpose
In accordance with Section 15367 of the Califomia Code of Regulations,the Orange County Sanitation
District(Sanitation District)is identified as the Lead Agency for the proposed project. Pursuant to
Section 15063(a)of CEQA Guidelines,the Sanitation District is required to undertake the preparation of
an Initial Study to determine if the proposed action will have a significant effect on the environment.
The purposes of this Initial Study are to: (1)identify potential environmental impacts, (2)provide the
Lead Agency with information to use as the basis for deciding whether to prepare an Environmental
Impact Report(EIR) or Negative Declaration, (3) enable the Lead Agency to modify the proposed
Project(through mitigation of adverse impacts), (4) facilitate assessment of potential environmental
impacts early in the design of the proposed Project, and(5)provide documentation for the potential
finding that the proposed Project will not have a significant effect on the environment or can be
mitigated to a level of insignificance. This Initial Study is an informational document providing an
environmental basis for subsequent discretionary actions that could be required from other Responsible
Agencies.
1.3 Statutory Requirements and Authority
In the State of California CEQA Guidelines, Section 15063 identifies specific disclosure requirements
for inclusion in an Initial Study. Pursuant to those requirements,an Initial Study shall include: (1) a
description of the proposed Project, including the location of the Project site; (2)an identification of the
environmental setting; (3) an identification of environmental effects by use of a checklist,matrix, or
other method,provided that entries on a checklist or other form are briefly explained to indicate that
some evidence exists to support the entries; (4) a discussion of ways to mitigate significant effects
identified, if any; (5) an examination of whether the proposed Project is compatible with existing
zoning,plans, and other applicable land-use controls; and (6) the name(s)of the person or persons who
prepared or participated in the preparation of the Initial Study.
1
The Sanitation District will hold a public meeting on January 8,2015 at 6:00 p.m. at the City of
Fullerton City Council Chambers, located at 303 West Commonwealth Avenue Fullerton, CA 92832.
Written comments will be considered before action is taken to approve, approve with amendments, or
deny the proposed Project. All comments must be received by January 16, 2015.
Submit comments via postal mail or email to:
Daisy Covarrubias, Senior Staff Analyst
Orange County Sanitation District, Planning Division
10844 Ellis Ave,Fountain Valley, CA 92708-7018
Email: dcovarrubias@ocsd.com
1.4 Permits and Approvals
Public agencies could use this Initial Study as the basis for their decisions to issue approvals and/or
permits that could be applicable to the proposed Project. Table 1-1 provides a list of those entitlements
and permits that could be required for the proposed Project.
Table 1-1: Project Permits and Approvals
Agency Name Permit or Approval
Calibers District 12 Encroachment Permit
California State University Consbuction Permit
Fullerton
South Coast Air Quality Permit to Construct
Management District
City of Fullerton Building Division PermiVApproval of Traffic Control Plan
City of Placentia Building PermitlApproval of Traffic Control Plan
1.5 Agency Consultation and Coordination
The agencies listed in Table 1-1 could require the Sanitation District to obtain approvals for the
proposed Project. Coordination with other agencies may be required to determine the specific nature of
any future permits or approvals. Agencies would be notified pursuant to CEQA guidelines, any
subsequent comments would be considered accordingly. In addition, this document is intended to
provide agencies and the general public with an environmental basis under CEQA to facilitate the
dissemination of information deemed necessary to the discretionary approvals process and the approval,
or conditional approval, of any aspect of the proposed Project within the jurisdiction of the agency.
2
2.0 Project Description
2.1 Project Background and Location
The Sanitation District is proposing to demolish the existing Yorba Linda Pump Station, as well as an
existing below ground force main and two gravity sewer lines located in the City of Fullerton
(Figure 2-1). The existing pump station facility and gravity sewer lines are located at the comer of
Yorba Linda Boulevard and Campus Drive(Associated Road) and north of California State University,
Fullerton. The force main is located along Yorba Linda Boulevard,on private property(Tribeca
Apartments), and Palm Drive(Figure 2-2).
The Sanitation District maintains a wastewater collection system composed of sewers and pump
stations. The collection system conveys wastewater from the Sanitation District's member agencies and
other local agencies to Reclamation Plant No. 1 located in Fountain Valley and Treatment Plant No. 2,
located in Huntington Beach. Currently the Yorba Linda Pump Station pumps flow away from the
Sanitation District gravity sewer located on State College Boulevard, the Newhope-Placentia Trunk, due
to lack of capacity necessary to meet current dry weather flow conditions. The wastewater is conveyed
east ultimatelyjoining with flow in the Santa Ana River Interceptor and is treated at Treatment Plant
No. 2. The Sanitation District has determined that upgrading the equipment and associated facilities at
the existing Yorba Linda Pump Station is not practical due to the high costs of rehabilitating the pump
station and the apparent redundancy of the facility after the Newhope-Placentia Trunk is upsized to meet
additional demand for future land development projects in the area. The wastewater currently pumped
away from the Newhope-Placentia Trunk will be allowed to gravity flow to the facility once it is
upsized. The Sanitation District is currently in the design phase of the Newhope-Placentia Trunk
Replacement Project. Construction of this project will be completed prior to the abandonment of the
Yorba Linda Pump Station.
The proposed Project would be located in an area comprising primarily education(California State
University,Fullerton) and commercial uses.
2.2 Project Elements
The proposed Project would consist of the following elements:
• Demolition and abandonment of Yorba Linda Pump Station
o Removal of the existing wall, gates and berms enclosing the pump station
o Removal and disposal of all mechanical and electrical equipment
o Removal of the below ground dry well,wet well, and access stairwells
o Backfill and compaction of soils
o Rough-grading of the site
o Landscaping to be determined in coordination with California State University, Fullerton
3
• Abandonment in-place of 7,270 feet of an existing below grade 30-inch force main located along
Yorba Linda Boulevard,private property, and Palm Drive
o Excavation of an estimated 15 gout injection holes (approximately 5-foot by 5-foot)located
at approximately 500 foot intervals along the length of the force main
o Restoration of road pavement and landscaping to pre-existing conditions
• Abandonment of 140 feet of 24-inch gravity pipe, located in the public right of way using grout
injection
• Removal of approximately 50 feet of 24-inch gravity sewers located on the pump station site
• Abandonment of 50 feet of 15-inch gravity pipe, located in the public right of way using grout
injection
• Removal of approximately 40 feet of 15-inch gravity sewer located on the pump station site
• Modification of the downstream manhole located at the intersection of Kraemer Boulevard and
Palm Drive
4
Figure 2-1: Project Vicinity Map
La Habra Brea
90
La Mirada
39
Fullerton Placentia
Buena Park
91
Anaheim
4
County
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. 2- Prefect Area 0 2 4
Fullerton City Limits MENEENEENEEK=zz==Miles TT
5
Figure 2-2: Project Area Map
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Grout
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Pump Site
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Fullerton City Limits
6
2.3 Project Construction
All proposed Project construction would take place within the proposed Project areas (i.e. existing pump
station site and the proposed grout injection sites). Construction access to the existing pump station
would occur from Campus Drive and access to the below grade force main and gravity sewer lines
would occur along Yorba Linda Blvd and Palm Drive.
Construction Schedule
Under the current schedule, demolition of the existing pump station and abandonment in-place of force
main and gravity sewers would occur between 2019 and 2022. Demolition would occur during permitted
hours identified in the City of Fullerton Building Code. No demolition activities would occur outside
these hours, on Sundays, or federal holidays unless a temporary waiver is granted by an authorized
agency representative.
Traffic Control
The proposed Project would require the demolition and removal of all above grade and below grade
debris and equipment from the existing pump station site. Below ground structures, located in the public
right of way, such as the existing force main and gravity sewer lines would be abandoned in place using
grout injected into the piping from grout injection holes spaced at 500-foot intervals along Yorba Linda
Boulevard and Palm Drive. Equipment, debris removal, and vehicle parking would be coordinated with
the City of Fullerton and California State University, Fullerton to minimize impacts to local traffic.
Vehicles entering and exiting the pump station site during demolition would use Campus Drive and
access to the grout injection sites (total 15 sites)would occur along Yorba Linda Boulevard and Palm
Drive.Use of equipment for grout injection into the force main is anticipated to encroach on one lane of
traffic along Yorba Linda Boulevard and Palm Drive. Abandonment of the gravity sewer lines located
in the public right away will require access to the upstream manholes located in the intersection of
Yorba Linda Boulevard and Campus Drive and in Yorba Linda Boulevard northwest of the pump station
site. A traffic management plan,approved by the City of Fullerton and the City of Placentia,would be
implemented during demolition of the pump station and abandonment in place of the force main and
gravity sewer lines. Traffic control will allow vehicle traffic to continue along Yorba Linda Boulevard
and Palm Drive at all times during work activities and could include flagmen and/or signs to direct
traffic. During hours when demolition does not occur, all lanes of traffic would be open along Yorba
Linda Boulevard and Palm Drive. Nighttime work may be used to limit impacts to traffic along Yorba
Linda Boulevard and Palm Drive.
Excavation
Demolition of the existing pump station and abandonment of the force main would include excavation at
the pump station site and at approximately 15 locations along the force main. No excavation is
anticipated for the abandonment of the gravity sewer lines. All excavation would be limited to the
7
proposed Project footprint, as depicted in Figure 2-2. Excavation spoils and all solid waste produced
during demolition and grout injection activities would be disposed at a properly permitted facility in
accordance with federal and state laws.
Construction Equipment
The types of equipment anticipated for use during construction activities are listed in Table 2-1.
Table 2-1: Construction Equipment for Deconstruction of Pump Station by Construction Phase
Construction Equipment Hours of Number of Total Days/ Total Worker
Activity Type Operation/Day Working Days Hours of Trips
Operation'
erda
Excavator 6 20
Front-end loader 8 20
Dump truck 8 20
Demolition/
Water truck 4 20 185/1,100 20
Excavation
Concrete saw 4 5
Concrete breaker 4 20
Pick-up trucks(4) 6(24) 20(80)
Site Prep 0 0 0 0
Grading 0 0 0 0
Dump Truck 6 5
Building/
Skid-steer/mini excavator 6 5 251150 5
Construction
Pick-up trucks(4) 6(24) 5(20)
Paving/
Dump truck 4 2 218 2
landscape
Taal days equates to the sum of working days for all eonstmction equipment types
8
Table 2-2: Construction Equipment for Abandonment of Force Main by Construction Phase
Construction Equipment Hours of Number of Total Total Trips
Activity Type Operation/Day Working Days DayslHourstof Worker
Operation r day)
Excavator 6 15
Front-end loader 6 14
Demolition Dump truck 6 14 1131650 14
Concrete saw 4 14
Picks p trucks(4) 6(24) 14(56)
Site Prep 0 0 0 0
Grading 0 0 0 0
Buildingl Concrete pump truck 4 28
1401784 28
Construction Pick-up trucks(4) 6(24) 28(112)
Asphalt delivery truck 6 14
Paving Asphalt Wheel Roller 6 14 841504 14
Pick-up trucks(4) 6(24) 14(56)
Total days equates to the sum of working days for all constmcton equipment types
Table 2-3: Construction Equipment for Abandonment of Gravity Sewer Lines by Construction
Phase
Construction Equipment Hours of Number of Total Total Trips
Activity Type Operation/Day Working DayslHoursof Worker
Days Operation'
(per day)
Demolition 0 0 0 0
Site Prep 0 0 0 0
Grading 0 0 0 0
Building/ Concrete pump truck 6 2
2148 2
Construction Pick-up trucks(4) 6(24) 2(8)
Paving 0 0 0 0
Total days equates to the sum of working days for all construction equipment types
2.4 Project Operation
Prior to the demolition of the pump station and abandonment of the gravity sewer lines and force main,
wastewater will be conveyed by gravity to the Newhope-Placentia Trunk. The trunk line will be upsized
to accommodate the increased flows. There will not be any operational impacts associated with the
demolished pump station, and abandoned force main, or gravity sewers.
9
3.0 Environmental Checklist Form
3.1 Project Description and Background
1. Project Title
Yorba Linda Pump Station Abandonment Project
2. Lead Agency Name and Address:
Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley, CA 92708
3. Contact Person and Phone Number:
Daisy Covarrubias, (714) 593-7119
4. Project Location:
The project is located in the City of Fullerton and the City of Placentia. The existing pump station
and gravity sewer lines are located at the corner of Yorba Linda Boulevard/Campus Drive. The
force main is located east along Yorba Linda Boulevard, on private property(Tribeca Apartments),
and in Palm Drive.
5. Project Sponsor's Name and Address:
Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley, CA 92708
6. General Plan Designation:
The proposed Project site is designated as Education and Mixed Use under the City of Fullerton
General Plan.
7. Zoning:
The proposed Project site is zoned as Public Land, General Commercial, and Residential.
6. Description of Project:
The proposed Project would deconstruct the existing Yorba Linda Pump Station and abandon the
associated underground sewer lines and force main.
9. Surrounding Land Uses and Setting:
Land use surrounding the Project site is mainly educational,commercial,residential, and mixed use.
10. Other public agencies whose approval is required:
The Sanitation District could be required to obtain approval from Caltrans District 12,the cities of
Fullerton and Placentia, and California State University,Fullerton.
10
11. Environmental Factors Potentially Affected:
The environmental factors checked below potentially would be affected by this project,involving at
least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the
following pages. Please see the Environmental Checklist for additional information.
❑ Aesthetics ❑ Agriculture and Forestry ❑ Air Quality
❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils
Greenhouse Gas Hazards and Hazardous
El Emissions ❑ Materials ❑ HydrologyNVater Quality
❑ Land Use/Planning ❑ Mineral Resources ❑ Noise
❑ Population/Housing ❑ Public Services ❑ Recreation
❑ Transportation/Traffic ❑ Utilities/Servics Systems ❑ Mandatory Findings of
Significance
3.2 Determination
On the basis of this initial evaluation:
❑ I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE
DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,there will not be
® a significant effect in this case because revisions in the project have been made by or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
I find that the proposed project MAY have a"potentially significant impact"or"potentially significant unless
mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier
❑ document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based
on the earlier analysis as described on attached sheets.An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects(a) have been analyzed adequately in an earlier EIR or NEGATIVE
❑ DECLARATION pursuant to applicable standards, and(b)have been avoided or mitigated pursuant to that
earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon
the proposed project,
pprrooject, nothing further is required
Signature. / f/ Date: 16
Printed name. � h�P.r-h //G/ P.rt. For: /7(S/)
11
3.3 Evaluation of Environmental Impacts
1) A brief explanation is required for all answers except"No Impact'answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each
question.A`No Impact' answer is adequately supported if the referenced information sources
show that the impact simply does not apply to projects like the one involved(e.g.,the project
falls outside a fault rupture zone). A`No Impact"answer should be explained where it is based
on project-specific factors as well as general standards (e.g., the project will not expose sensitive
receptors to pollutants,based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including offsite as well as onsite,
cumulative as well as project-level, indirect as well as direct, and construction as well as
operational impacts.
3) Once the Lead Agency has determined that a particular physical impact may occur,then the
checklist answers must indicate whether the impact is potentially significant, less than significant
with mitigation, or less than significant. "Potentially Significant Impact"is appropriate if there is
substantial evidence that an effect may be significant. If there are one or more"Potentially
Significant Impact"entries when the determination is made, an EIR is required.
4) `Negative Declaration: Less Than Significant with Mitigation Incorporation" applies where the
incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact'
to a"Less Than Significant Impact."The Lead Agency must describe the mitigation measures,
and briefly explain how they reduce the effect to a less than significant level (mitigation
measures from Section XVIL "Earlier Analyses,"may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering,program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review.
b. Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by mitigation
measures based on the earlier analysis.
c. Mitigation Measures. For effects that are "Less than Significant with Mitigation
Incorporation,"describe the mitigation measures that were incorporated or refined from
the earlier document and the extent to which they address site-specific conditions for the
project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources
for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared
12
or outside document should, where appropriate, include a reference to the page or pages where
the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead
agencies should normally address the questions from this checklist that are relevant to a project's
environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a. the significance criteria or threshold, if any,used to evaluate each question; and
b. The mitigation measure identified, if any,to reduce the impact to less than significance.
13
3.4 CEQA Checklist
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
I. AESTHETICS: Would the project:
a) Have a substantial adverse effect on a ❑ ❑ ❑
scenic vista
b) Substantially damage scenic resources,
including, but not limited to, trees, rock ❑ El Eloutcroppings, and historic buildings within
a state scenic highway
c) Substantially degrade the existing visual
character or quality of the site and its ❑ ❑ ❑
surroundings?
d) Create a new source of substantial light
or glare which would adversely affect day ❑ ❑ ® ❑
or nighttime views in the area?
It. AGRICULTURE AND FOREST RESOURCES: In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Dept.
of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources, including timberland, are significant
environmental effects, lead agencies may refer to information compiled by the California
Department of Forestry and Fire Protection regarding the state's inventory of forest land, including
the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and the
forest carbon measurement methodology provided in Forest Protocols adopted by the California
Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland ❑ ❑ ❑
Mapping and Monitoring Program of the
California Resources Agency,to non-
agricultural use?
b) Conflict with existing zoning for
agricultural use, or a Williamson Act ❑ ❑ ❑
contract?
c) Conflict with existing zoning for, or cause
rezoning of,forest land (as defined in
Public Resources Code section ❑
12220(g)),timberland (as defined by
Public Resources Code section 4526), or
timberland zoned Timberland Production
14
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
(as defined by Government Code section
51104(g))?
IdResult in the loss of forest land or
conversion of forest land to non-forest ❑ ❑ ❑
use?
e) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of ❑ ❑ ❑
Farmland,to non-agricultural use or
conversion of forest land to non-forest
use?
III. AIR QUALITY: Where available,the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations.Would the project:
a) Conflict with or obstruct implementation of ❑ ❑
the applicable air quality plan?
b) Violate any air quality standard or
contribute substantially to an existing or ❑ ❑ ® ❑
projected air quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment
under an applicable federal or state ❑ ❑ ® ❑
ambient air quality standard (including
releasing emissions which exceed
quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial ❑ ❑ ❑
pollutant concentrations?
e) Create objectionable odors affecting a ❑ ❑ ® ❑
substantial number of people?
IV. BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in El El Ellocal or regional plans, policies, or
regulations, or by the California
Department of Fish and Game or U.S.
Fish and Wildlife Service?
15
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional ❑ ❑ ❑
plans, policies, regulations or by the
California Department of Fish and Game
or US Fish and Wildlife Service?
C) Have a substantial adverse effect on
federally protected wetlands as defined
by Section 404 of the Clean Water Act
(including, but not limited to, marsh, ❑ ❑ ❑ El
vernal pool, coastal, etc.)through direct
removal,filling, hydrological interruption,
or other means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native ❑ ❑ ❑
El
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological ❑ ❑ Elresources, such as a tree preservation
policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other ❑ ❑ ❑
approved local, regional, or state habitat
conservation plan?
V. CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in
the significance of a historical resource as ❑ ❑ ❑
defined in §15064.5?
b) Cause a substantial adverse change in
the significance of an archaeological ❑ ❑ ❑
resource pursuant to§15064.5?
C) Directly or indirectly destroy a unique
paleontological resource or site or unique ❑ ❑ ❑
geologic feature?
d) Disturb any human remains, including
those interred outside of formal ❑ ❑ ❑
cemeteries?
16
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
VI. GEOLOGY AND SOILS: Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-
Pdolo Earthquake Fault Zoning Map
issued by the State Geologist for the area ❑ ❑ ❑
or based on other substantial evidence of
a known fault? Refer to Division of Mines
and Geology Special Publication 42?
it) Strong seismic ground shaking? ❑ ❑ ❑
ill) Seismic-related ground failure, including ❑ ❑ ❑
liquefaction?
IV) Landslides? ❑ ❑ ❑
b) Result in substantial soil erosion or the ❑ ❑ ❑
loss of topsoil?
e) Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project,and ❑ ❑ ❑
potentially result in on-or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil (Table 18-1-
B of the Uniform Building Code), creating ❑ ❑ ❑
substantial risks to life or property?
a) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems ❑ ❑ ❑
where sewers are not available for the
disposal of waste water?
VII. GREENHOUSE GAS EMISSIONS: Would the project:
a) Generate greenhouse gas emissions,
either directly or indirectly,that may have ❑ ❑ ® ❑
a significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of ❑ ❑ ❑
reducing greenhouse gas emissions?
17
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
VIll. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a) Create a significant hazard to the public
or the environment through the routine ❑ ® ❑ ❑
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident El ® El
involving the release of
hazardous materials into the
environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within ❑ ® ❑ ❑
one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on
a list of hazardous materials sites
compiled pursuant to Government Code ❑ El ® ❑
Section 65962.5 and, as a result,would it
create a significant hazard to the public or
the environment?
e) For a project located within an airport
land use plan or,where such a plan has
not been adopted,within two miles of a
public airport or public use airport, would ❑ ❑ ❑
the project result in a safety hazard for
people residing or working in the project
area?
f) For a project within the vicinity of a
private airstrip, would the project result in ❑ ❑ ❑
a safety hazard for people residing or
working in the project area?
g) Impair implementation of or physically
interfere with an adopted emergency ❑ ® ❑ ❑
response plan or emergency evacuation
plan?
h) Expose people or structures to a
significant risk of loss, injury or death
involving wildland fires, including where ❑ ❑ ❑
wildlands are adjacent to urbanized areas
or where residences are intermixed with
wildlands?
18
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
IN Mitigation
IX. HYDROLOGY AND WATER QUALITY: Would the project:
a) Violate any water quality standards or
I ❑ El ® ❑
waste discharge requirements?
b) Substantially deplete groundwater
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer volume or
a lowering of the local groundwater table ❑ ❑ ❑
level (e.g.,the production rate of pre-
existing nearby wells would drop to a
level which would not support existing
land uses or planned uses for which
permits have been granted)?
e) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a ❑ ❑ ❑
stream or river, in a manner which would
result in substantial erosion or siltation
on-or off-site?
d) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, or substantially increase ❑ ❑ ❑
the rate or amount of surface runoff in a
manner which would result in flooding on-
or off-site?
e) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or ❑ ❑ ❑
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water ❑ ❑ ❑
quality?
g) Place housing within a 100-year flood
hazard area as mapped on a federal
Flood Hazard Boundary or Flood ❑ ❑ ❑
Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area
structures which would impede or redirect ❑ ❑ ❑
flood flows?
i) Expose people or structures to a ❑ ❑ ❑
19
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
significant risk of loss, injury or death
involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche,tsunami,or ❑ ❑ ❑
mudflow
X. LAND USE AND PLANNING: Would the project:
a) Physically divide an established Elcommunity?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including,
but not limited to the general plan, El Elspecific plan, local coastal program, or
zoning ordinance)adopted for the
purpose of avoiding or mitigating an
environmental effect?
C) Conflict with any applicable habitat
conservation plan or natural community ❑ ❑ ❑
conservation plan?
XI. MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a
known mineral resource of value to the ❑ ❑ ❑
region and the residents of the state?
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local ❑ ❑ ❑
general plan, specific plan or other land
use plan?
XII. NOISE: Would the project result in:
a) Exposure of persons to or generation of
noise levels in excess of standards
established in the local general plan or ❑ ❑ ® ❑
noise ordinance,or applicable standards
of other agencies?
b) Generation of excessive groundbome ❑ ❑ ❑
vibration or groundborne noise levels?
c) A substantial permanent increase in
ambient noise levels in the project vicinity ❑ ❑ ❑
above levels existing without the project?
20
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
1d) A substantial temporary or periodic
increase in ambient noise levels in the ❑ ❑ ® ❑
project vicinity above levels existing
without the project?
e) For a project located within an airport
land use plan or,where such a plan has
not been adopted,within two miles of a
public airport or public use airport, would ❑ ❑ ❑
the project expose people residing or
working in the project area to excessive
noise levels?
f) For a project within the vicinity of a
private airstrip, would the project expose ❑ ❑ ❑
people residing or working in the project
area to excessive noise levels?
XIII. POPULATION AND HOUSING: Would the project:
a) Induce substantial population growth in
an area, either directly(for example, by
proposing new homes and businesses)or ❑ ❑ ❑
indirectly(for example, through extension
of roads or other infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of ❑ ❑ ❑
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of ❑ ❑ ❑
replacement housing elsewhere?
XIV. PUBLIC SERVICES:
a) Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:
Fire protection? ❑ ® ❑ ❑
Police protection? ❑ ® ❑ ❑
21
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
HEt-imp Mitigation
Schools? ❑ ❑ ❑
Parks? ❑ ❑ ❑
Other public facilities? ❑ ❑ ❑
XV. RECREATION:
a) Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that ❑ ❑ ❑
substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which ❑ ❑ ❑
might have an adverse physical effect on
the environment?
XVI. TRANSPORTATION/TRAFFIC: Would the project:
a) Conflict with an applicable plan,
ordinance or policy establishing
measures of effectiveness for the
performance a circulation system,taking
into account all modes of transportation
including mass transit and non-motorized ❑ ® ❑ ❑
travel and relevant components of the
circulation system, including but not
limited to intersections, streets, highways
and freeways, pedestrian and bicycle
paths, and mass transit?
b) Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and
travel demand measures, or other ❑ ❑ ❑
standards established by the county
congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic El 1-1 1-1levels or a change in location that results
in substantial safety risks?
d) Substantially increase hazards due to a
design feature(e.g., sharp curves or El 1-1 1-1dangerous intersections)or incompatible
uses(e.g.,farm equipment)?
22
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
AIMitigation
le) Result in inadequate emergency access?Conflict with adopted policies, plans or
programs regarding public transit, bicycle,
or pedestrian facilities, or otherwise ❑ ® ❑ ❑
decrease the performance or safety of
such facilities?
XVII. UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Exceed wastewater treatment
requirements of the applicable Regional ❑ ❑ ❑
Water Quality Control Board?
b) Require or result in the construction of
new water or wastewater treatment
facilities or expansion of existing facilities, ❑ ❑ ❑
the construction of which could cause
significant environmental effects?
e) Require or result in the construction of
new storm water drainage facilities or
expansion of existing facilities,the ❑ ❑ ❑
construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to
serve the project from existing Elentitlements and resources, or are new or
0 El expanded entitlements needed?
e) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has ❑ ❑ ❑
adequate capacity to serve the projeces
projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the ❑ ❑ ❑
project's solid waste disposal needs?
g) Comply with federal, state, and local
statutes and regulations related to solid
waste? ❑ ❑ ❑
23
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact with Impact
Mitigation
XVIll. MANDATORY FINDINGS OF SIGNIFICANCE
1a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels,threaten to eliminate a plant or ❑ ❑ ❑
animal community, substantially reduce
the number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the incremental
effects of a project are considerable when ❑ ❑ ❑
viewed in connection with the effects of
past projects,the effects of other current
projects, and the effects of probable
future projects)?
c) Does the project have environmental
effects which will cause substantial ❑ ® El ❑
adverse effects on human beings, either
directly or indirectly?
24
4.0 Environmental Evaluation
The following evaluation provides responses to the questions in the Environmental Checklist. A
brief explanation for each question in the Environmental Checklist is provided to adequately
support each impact determination. All responses consider the whole of the action involved
including construction and operational impacts as well as direct and indirect impacts.
Environmental factors potentially affected by the proposed Project are presented below and
organized according to the format of the Checklist.
4.1 Aesthetics
Would the project:
a) Have a substantial adverse effect on a scenic vista?
No Impact-No scenic vista is located within the vicinity of the proposed Project.
b) Substantially damage scenic resources, including, but not limited to,trees, rock outcroppings,
and historic buildings within a state scenic highway?
No Impact—Although the proposed Project is located within a landscaped area that includes
trees,no trees will be removed. There are no other scenic resources within the project area.
Thus,no impacts to scenic resources will occur as a result of this project.
c) Substantially degrade the existing visual character or quality of the site and its surroundings?
No Impact—Demolition of the pump station and grout injection into the force main and
gravity sewer lines would result in a temporary visual impact at the Project site due to the
presence of heavy machinery and demolition activities. However, the level of activity is
minor in scope and duration. Thus, demolition activity related to the proposed Project would
not substantially degrade the existing visual character or quality of the site and its
surroundings. Landscaping of the pump station site after demolition is completed will
improve the visual quality of the site.
d) Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
Less Than Significant Impact—Temporary construction activities would generally occur
during daytime hours,but may occur during nighttime hours,which would require additional
lighting. The proposed Project could temporarily create a new source of light and glare from
the nighttime construction activities but it would be short in duration. Furthermore, light
25
would be directed downward on the pump station site and the grout injection sites along
Yorba Linda Boulevard and Palm Avenue.
Mitigation Measures
The proposed Project would not result in a significant adverse impact to Aesthetics. Therefore,
no mitigation measures are proposed.
4.2 Agricultural Resources
In determining whether impacts to agricultural resources are significant environmental effects,
lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment
Model(1997)prepared by the California Department of Conservation as an optional model to
use in assessing impacts on agriculture and farmland.
a-e) No Impact—The project site does not contain any farmlands, parcels encumbered under
the Williamson Act, forested, or timberland production zones. Thus, no impacts to these
resources would occur as a result of this Project.
Mitigation Measures
The proposed Project would not result in a significant adverse impact to Agricultural Resources.
Therefore,no mitigation measures are proposed.
4.3 Air Quality
Criteria for determining the significance of air quality impacts are based on Federal, State, and
Local air pollution standards and regulations. Where available,the significance criteria
established by the applicable air quality management or air pollution control district may be
relied upon to make significance determinations.
Sienificance Criteria
The proposed Project is located within the South Coast Air Basin(SCAB). Construction and
operation activities associated with the proposed Project must be consistent with the Air Quality
Management Plan(AQMP)that is managed by the South Coast Air Quality Management District
(SCAQMD).
Thresholds of significance for allowable construction and operational air emissions have been
established by the SCAQMD and are provided below.
26
Thresholds ol'S�ificance for Construction Emissions:
• 75 pounds per day of reactive organic compounds(ROC)
• 100 pounds per day of nitrogen oxides (NOx)
• 550 pounds per day of carbon monoxide(CO)
• 150 pounds per day of particulate matter less than 10 microns in diameter(PMto)
• 150 pounds per day of sulfur oxides (SOx)
Projects in the South Coast Air Basin with construction-related emissions that exceed any of the
emissions thresholds may be considered to have significant air quality impacts.
Thresholds ol'Si¢nificance for Operational Emissions:
• 55 pounds per day of ROC
• 55 pounds per day of NO,
• 550 pounds per day of CO
• 150 pounds per day of PM,o
• 150 pounds per day of SOx
Projects in the South Coast Air Basin with operation-related emissions that exceed any of the
emissions thresholds may be considered to have significant air quality impacts.
Methodology
An air quality analysis was conducted using the SCAQMD air quality analysis model,
CalEEMod Version 2013.2.2. In addition, emission factors were obtained from SCAQMD for
years 2007—2026- The complete analysis is contained in Appendix A of this document.
Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
No Impact-Deconstruction-related emissions primarily would be dust generated from
excavation and grading, exhaust emissions from equipment, and motor vehicle emissions
associated with deconstruction activities. Deconstruction of the proposed Project would
not result in a significant air quality impact(see Table 4-1). Project deconstruction
activities would not conflict with or obstruct implementation of the SCAQMD Air
Quality Plan.
To evaluate potential deconstruction-related air quality impacts, anticipated
deconstruction emissions were determined and compared to the thresholds of significance
27
for construction emissions listed above. Deconstruction emissions were evaluated based
on projected 2007 data from SCAQMD (see Appendix A). Table 4-1 below summarizes
the deconstruction emissions of criteria pollutants (NO., CO, PMto, ROC, and SOx)that
would occur from the operation of construction vehicles for all phases of construction
(deconstruction of pump station, abandonment of force main, and abandonment of
gravity sewer lines). Emissions associated with deconstruction of the proposed Project
would be below thresholds of significance for construction. Therefore, the deconstruction
emissions impacts would not have any impact to air quality.
Table 4-1: Projected Deconstruction Emissions by Phase
Attribute Emissions
Criteria Pollutant 140, CO PM- ROC SO„
Deconstrucfion of Pump Station
Max Project,pounds per day(lb/day) 1,6816 0.2804 2.9438 0.0041 0.1259
SCAQMD Significance 100 550 150 75 150
Threshold(lb/day)
Project Significance No No No No No
Abandonment of Force Main
Max Project,pounds per day(lb/day) 3.5801 0.5673 6.4023 0.0100 0.2300
SCAQMD Significance 100 550 150 75 150
Threshold(Iblday)
Project Significance No No No No No
Abandonment of Gravity Sewer Lines
Max Project,pounds per day 0.5465 0.0597 0.8088 0.0020 0.0179
(lb/day)
SCAQMD Significance 100 550 150 75 150
Threshold(Iblday)
Project Significance No No No No No
Source: Orange County Sanitation District 2006
b) Violate any air quality standard or contribute substantially to an existing or projected air
quality violation?
Less Than Significant Impact—The proposed Project site is located within the South
Coast Air Basin. The SCAQMD regulates stationary mobile air emission sources within
28
the South Coast Air Basin. Potential air quality impacts associated with the proposed
Project could result from temporary deconstruction activities. As discussed in Section
4.3.a,the proposed Project is not anticipated to result in the exceedance of SCAQMD-
established air quality standards during deconstruction.
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the
project region is nonattainment under an applicable federal or state ambient air quality
standard(including releasing emissions that exceed quantitative thresholds for ozone
precursors)?
Less Than Significant Impact—New emissions associated with the proposed Project
would be limited to temporary construction activities. As described in Response 4.3.a
above,the proposed Project would not result in the exceedance of SCAQMD-established
air quality standards during deconstruction. For this reason,the proposed Project would
not result in a cumulatively considerable net increase of any criteria pollutant for which
the South Coast Air Basin is in nonattainment.
d) Expose sensitive receptors to substantial pollutant concentrations?
No Impact—Sensitive receptors include schools,hospitals and convalescent homes.
Children, elderly people and the infirm are considered to be more sensitive than others to
criteria air pollutants. Criteria air pollutants are those that are associated with numerous
effects on human health. The proposed Project site is in the City of Fullerton and the
surrounding area is mainly public land and commercial and professional businesses. As
described in Response 4.3.b, above,temporary increased emissions of criteria air
pollutants during deconstruction are not anticipated to exceed SCAQMD-established air
quality standards. Because the proposed Project is not within a residential area and
because of its low-level of emissions,the proposed Project is not anticipated to have any
impacts on sensitive receptors during deconstruction.
e) Create objectionable odors affecting a substantial number of people?
Less Than Significant Impact—Project activities may create a small amount of
objectionable odors during deconstruction from exhaust emissions from the operation of
heavy machinery. However, the amount of odor from machinery exhaust is anticipated to
be minor. Therefore, the proposed Project would have a less than significant impact
associated with the creation of objectionable odors affecting a substantial number of
people.
Mitigation Measures
The proposed Project would not result in a significant adverse impact related to Air Quality. No
mitigation measures are proposed.
29
4.4 Biological Resources
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any
species identified as a candidate, sensitive, or special status species in local or regional
plans,policies, or regulations, or by the California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
No Impact—The proposed Project site is located in an area zoned Public Land, General
Commercial, and Residential and is located within a developed urban area north of the
California State University Fullerton campus. It does not support native habitat of any
identified species.No impacts to any species are anticipated.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans,policies, and regulations or by the
California Department of Fish and Wildlife or US Fish and Wildlife Service?
No Impact—The proposed Project site is located in an area zoned Public Land, General
Commercial, and Residential and is located within a developed urban area north of the
California State University Fullerton campus. It does not support any riparian habitat or
other sensitive natural communities identified in local or regional plans,policies,or
regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife
Service.No impact to these resources is anticipated.
c) Have a substantial adverse effect on federally protected wetlands as defined by Section
404 of the Clean Water Act(including, but not limited to, marsh,vernal pool, coastal,
etc.)through direct removal, filling,hydrological interruption, or other means?
No Impact—The proposed Project site is located in an area zoned Public Land, General
Commercial, and Residential and is located within a developed urban area north of the
California State University Fullerton campus . It does not contain any federally protected
wetlands nor is it located near any federally protected wetlands. No federally protected
wetlands would be affected.
d) Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
No Impact—The proposed Project site is located in an area zoned Public Land, General
Commercial, and Residential and is located within a developed urban area north of the
California State University Fullerton campus. It does not support native habitat or any
migratory fish or wildlife species. Furthermore, the proposed project site is not located
30
within a migratory wildlife corridor or native wildlife nursery site.No impacts to these
resources are anticipated as a result of the proposed Project.
e) Conflict with any local policies or ordinances protecting biological resources, such as a
tree preservation policy or ordinance?
No Impact—No local policies or ordinances have been enacted to protect biological
resources for the area surrounding the proposed Project site.No impact with any local
policies or ordinances protecting biological resources would occur.
1) Conflict with the provisions of an adopted Habitat Conservation Plan,Natural
Community Conservation Plan, or other approved local,regional, or state habitat
conservation plan?
No Impact—The proposed Project is outside of the Coyote Hills (East and West)Habitat
Conservation Plan. The proposed Project would not conflict with the provisions of an
adopted Habitat Conservation Plan;Natural Community Conservation Plan; or other
approved local,regional, or state habitat conservation plan.
Mitigation Measures
The proposed Project would not result in a significant adverse impact to Biological Resources.
No mitigation measures are proposed.
4.5 Cultural Resources
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource as defined
in Section 15064.5?
No Impact—Results from a 2014 record search conducted at the California Historical
Resources Information System(CHRIS), South Central Coastal Information Center
(SCCIC) at California State University, Fullerton, indicated that the proposed Project site
does not contain any cultural resources with the Area of Potential Effects (APE).
Construction and operation of the proposed Project would have no impacts on historic
resources as defined in Section 15064.5.
Four cultural resources,all historic structures,have been identified within the V�mile
search radius of the proposed Project site(indirect APE). None of these resources would
be affected by the proposed Project because they do not occur within the construction
footprint. In addition, 15 cultural resource studies have been conducted within the
31
mile search radius, as identified in the Table 4-2,none of which will be affected by the
proposed project because none occur within the construction footprint.
Table 4-2: Historic Resources within Direct and Indirect Area of Potential Effects
Within Direct Within Indirect Impacts to
Site Number or Resources Identified Area of Area of Cultural
Report Number Potential Potential Resources?
Effects? Effects?
Site P-30-157295 Historic Structure-1931 Mahr House No Yes None
Site P-30-157296 Historic Structure-1886 Henry T. Hetebrink No Yes None
House
Site PJ0-157297 Historic Structure-1895 Dr.George C.Clark No Yes None
Home
Site PJ0-177446 Historic Structure-1964 Pollak Library No Yes None
Report OR-00474 1977 Survey,945 acres, remains of historic No Yes None
town of Olinda,no archaeological resources
Report OR-00678 1975 Survey,50 acres,California State No Yes None
University,Fullerton,no resources
Report OR-00985 1989 Survey,375 acres,historic building No Yes None
foundation,no other resources
1999 Survey,340 square mile area;numerous
Report OR-02256 resources,none in the project vicinity No Yes None
Report OR-02280 2000 Survey,less than 1 acre;no resources No Yes None
Report OR-02795 2002 Survey,less than 1 acre,no resources No Yes None
Report OR-02799 2002 Survey,less than 1 acre,no resources No Yes None
Report OR-02808 2002 Survey,less than 1 acre,no resources No Yes None
Report OR-03393 2006 Survey,less than 1 acre,no resources No Yes None
Report OR-03733 1999 Survey,less than 1 acre,no resources No Yes None
Report OR-03822 2006 Survey,State Route 57,resources No Yes None
idenfified
Report OR-0460 2009 Survey,less than 1 acre,3 historic No Yes None
resources
Report OR-04104 2002 Regional Survey,City of Placentia, No Yes None
resources identified
32
Report OR-04284 2012 Survey, 1964 Pollak Library,Calffomia No Yes None
State University,Fullerton
Report OR-04342 1990 Survey,375 acres,no resources No Yes None
identified
Source: California Office of Historic Preservation.2014
b) Cause a substantial adverse change in the significance of an archaeological resource
pursuant to Section 15064.5?
No Impact—The proposed Project site is located on developed land and contains a pump
station.As such, the proposed Project would affect areas that already have been disturbed
and would not involve any excavation into undeveloped lands. Therefore,the proposed
Project would not affect archeological resources and would not cause a substantial
adverse change in the significance of an archeological resource pursuant to Section
15064.5.
c) Directly or indirectly destroy a unique paleontological resource on site or unique geologic
feature?
No Impact—The proposed Project site is located on developed land and contains a pump
station. As such, the proposed Project would affect areas that already have been disturbed
and would not involve any excavation into undeveloped lands. Therefore, the proposed
Project would not directly or indirectly destroy a unique paleontological resource on site
or unique geologic feature.
d) Disturb any human remains, including those interred outside of formal cemeteries?
No Impact—The proposed Project site is located on developed land and would affect
areas that have already been disturbed. As such, the proposed Project would not involve
any excavation into undeveloped lands. Therefore,the proposed Project would not result
in a significant adverse impact related to the disturbance of human remains.
Mitigation Measures
The proposed Project would not result in a significant adverse impact to Cultural Resources.No
mitigation measures are proposed.
4.6 Geology and Soils
Would the project:
a) Expose people or structures to potential substantial adverse effects, including the risk of
loss, injury, or death involving:
33
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault?
No Impact—Surface fault rupture is the offset or rupture of the ground surface by
relative displacement across a fault during a seismic event or earthquake. The
2007 edition of Special Publication 42 (California Department of Conservation,
Division of Mines and Geology), shows that the proposed Project is not located in
an Alquist-Priolo Special Study Zone. Demolition of the pump station and
abandonment of the gravity sewer lines and force main would not expose people
or structures to potential substantial adverse effects from the rupture of a known
earthquake fault.
ii. Strong seismic ground shaking?
No Impact—The proposed Project site is located in a seismically active area, as
is the majority of southern California,and the potential exists for strong ground
motion. The closest fault to the proposed Project site is the Whittier fault,which is
located approximately 3 miles north of the Project site. Demolition of the pump
station and abandonment of the gravity sewer lines and force main would not
expose people or structures to potential substantial adverse effects from strong
seismic ground shaking.
iii. Seismic-related ground failure, including liquefaction?
No Impact-The potential for seismic-related ground failure is associated with
the probability of severe ground shaking as a result of an earthquake or a nearby
active fault. Liquefaction is the phenomenon that occurs when saturated granular
soils develop high pore water pressures during seismic shaking and behave like a
heavy fluid. This phenomenon generally occurs in areas of high seismicity where
groundwater is shallow and loose granular soils or hydraulic fill soils subject to
liquefaction are present. For liquefaction to develop, loose granular sediments
below the groundwater table most be present; and shaking of sufficient magnitude
and duration must occur.
The proposed Project is located in an area mapped as a liquefaction zone
according to the maps of seismic hazard zones prepared by the California
Department of Conservation, Division of Mines and Geology. However,
demolition of the pump station and abandonment of the gravity sewer lines and
force main would not expose people or structures to potential substantial adverse
effects from liquefaction.
iv. Landslides?
34
No Impact—The proposed Project is not located in an area of probable
landslides. Demolition of the pump station and abandonment of the gravity sewer
lines and force main would not expose people or structures to potential substantial
adverse effects from landslides.
b) Result in substantial soil erosion or the loss of topsoil?
No Impact—The proposed Project area includes a paved pump station and paved
roadways. Demolition of the proposed Project and abandonment in place of force main
and gravity sewer lines require an estimated total of 484 cubic yards. Abandonment of
the force main would require an estimated total of 83 cubic yardsi of soil. Demolition of
the pump station is expected to generate an estimated total of 246 cubic yards of soil.
And removal of the gravity sewer lines is expected to generate an estimated total of 155
cubic yards of soil. Excavated soil not replaced as fill would be disposed at a properly
permitted facility in accordance with federal and state laws. Because the proposed Project
site is contained and the amount of excavation is relatively small,the proposed Project is
not anticipated to result in impacts related to substantial soil erosion or loss of topsoil.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a
result of the project, and potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
No Impact—Evaluation of liquefaction and landslides is provided in Responses 4.6.a.iii
and iv, above.No impacts due to an unstable geologic unit or soil,including onsite or
offsite landslide, lateral spreading, subsidence, liquefaction, or collapse are anticipated.
d) Be located on expansive soil,as defined in Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or property?
No Impact—Demolition of the pump station and abandonment of the gravity sewer lines
and force main would not expose people or structures to potential substantial adverse
effects from expansive soils.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste
water disposal systems where sewers are not available for the disposal of waste water?
'Excavation volume of soil associated with the 15 grout injection sites along the force main was calculated by the
following:(5 feet[width]X 5 feet[height]X 6 feet[depth]X 15 [sites]=2,250 cubic feet[83 cubic yards])
'Excavation volume of soil associated with the pump station removal was calculated by the following:(196 feet
[pump station perimeter]X 34[depth)feet X 1 feet[width]=6,664 cubic feet[246 cubic yards])
3 Excavation volume of soil associated with the gravity sewer lines removal was calculated by the following:(140
feet+90 feet[length of sewer lines]X 6[depth]feet X 3 feet[width]=4,140 cubic feet 1155 cubic yards])
35
No Impact—No septic tanks or alternative wastewater disposal systems would serve the
proposed Project. The proposed Project would not result in impacts related to septic tanks
or alternative wastewater disposal systems.
Mitigation Measures
The proposed Project would not result in a significant adverse impact to Geology and Soils.No
mitigation measures are proposed.
4.7 Greenhouse gas Emissions
Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly,that may have a
significant impact on the environment?
Less Than Significant—Emissions from demolition and abandonment activities would
be short-term and within the SCAQMD's draft thresholds (see Table 4-3 and Table 4-4
below)and would not create a significant increase in GHG emissions. Therefore,the
proposed project's impacts on greenhouse-gas emissions would be less than significant.
Table 4-3: On-Road Greenhouse Gas Emissions
Parameters C0z COz CO2
Emissions Number Total Distance Emissions Emissions
Source Factor of Number Traveled Emissions (metric
icles Threshold
Veh of Trips per Trip (Ibslday) tons/year) (metric
tons) ear
Construcdon
Workers 1.1067 16 32 20 708.288 117.3421
Commuting
Light-duty 27225 5 5 5 68.0625 11.27591
Trucks Onsite
Daily Delivery 27225 1 3 20 253.308 41.96554
Trucks
Dump Trucks 4.2218 1 7 10 295.526 48.95979
Total 1325.185 219.5433 10,000
36
Table 4-4: Off-Road Greenhouse Gas Emissions
CO2 CO2 CO2
Equipment Hour/Day Horse Emission CO2 Emission Emission
Type Number Operation power Factors Emission (metric Threshold
(lbs/hr) (lbs/day) tons/ (metric tons/
ear) year
Pump Station
Concrete Saw 1 4 81 74.1 296.4 49.10459 -
Concrete 1 4 81 74.1 296.4 49.10459 -
Breaker
Dump Truck 1 8 16 7.6 60.8 10.07274 -
Dump Truck 1 6 16 7.6 45.6 7.554552 -
Dump Truck 1 4 16 7.6 30.4 5.036368 -
Excavator 2 6 162 112 672 111.3302 -
Off-Highway 8 6 400 272 1632 270.3734 -
(pick-up trucks)
Off-Highway 1 4 400 272 1088 180.249 -
(water truck)
Front End Loader 1 8 97 51.7 413.6 68.52111 -
Total 4535.2 751.3466 10,000
Force Main
Concrete Saw 1 4 120 74.1 296.4 49.10459
Concrete Truck 1 4 500 272 1088 180.249
Dump Truck 1 6 25 7.6 45.6 7.554552
Excavator 1 6 175 112 672 111.3302
Off-Highway 1 6 500 272 1632 270.3734
(asphalt truck)
Off-Highway 12 6 500 272 1632 270.3734
(pick-up trucks)
Roller 1 6 120 59 354 58.64718
Front End Loader 1 6 120 51.7 310.2 51.39083
Total 6030.2 999.0232 10,000
37
CO2 CO2 CO2
Equipment Hour/Day Horse Emission CO2 Emission Emission
Type Number Operation power Factors Emission (metric Threshold
(actor) (lbslday) tons/ (metric tonal
ear) year
Gravity Sewer
Off-Highway
(concrete pump 1 6 400 272 1632 270.3734
trucks)
Off-Highway 4 6 400 272 1632 270.3734
(pick-up trucks)
Total 3264 540.7469 10,000
b) Conflict with an applicable plan,policy or regulation adopted for the purpose of reducing
the emissions of greenhouse gases?
No Impact—The Sanitation District does not have any specific plans,policies, nor
regulations adopted for reducing the emissions of GHGs. SCAQMD has several
programs available for reducing GHG emissions, including the Green Policy, approved in
2009. The Climate Change Policy was enacted for the purpose of assisting businesses
and local government agencies with reducing carbon emissions,while the Green Policy
guides SCAQMD decisions relative to reducing its own carbon emissions. The
SCAQMD has adopted interim GHG significance thresholds of 10,000 metric tons per
year for CO2 equivalent. As shown in Tables 1 and 2 above,project GHG emissions
would not exceed this threshold. Therefore,the proposed project would not conflict with
any applicable plan,policy, or regulation adopted for reducing the emissions of
greenhouse gases.
Mitigation Measures
The proposed Project would not result in a significant adverse impact to GHGs.No mitigation
measures are proposed.
4.8 Hazards and Hazardous Materials
Would the project
a) Create a significant hazard to the public or the environment through the routine transport,
use, or disposal of hazardous materials?
38
Less Than Significant with Mitigation—The proposed Project could generate hazardous
materials through the demolition of the pump station,which may contain asbestos, lead paint,
or polychlorinated biphenyls. Therefore, the proposed Project would require the
implementation of mitigation measures (HAZ 1-9)to ensure that any potential impacts from
removal of asbestos, lead paint, or polychlorinated biphenyls are less than significant.
b) Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous materials
into the environment?
Less Than Significant with Mitigation—The proposed Project could require the
removal of hazardous materials associated with the pump station. Therefore,the proposed
Project could create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release of hazardous
materials into the environment by the removal of materials containing asbestos, lead
paint, or polychlorinated biphenyls. Therefore, the proposed Project would require the
implementation of mitigation measures(HAZ 1-9)to ensure that any potential impacts
from the asbestos removal are less than significant.
In addition,there are two sites that pose a risk to the project:
o Target Store T-293—This facility is located at 2978 Yorba Linda Boulevard and is
listed in the leaking underground storage tank(LUST) and historic Cortese databases.
A violation was reported for this site and on-going remedial activities and
investigation are being performed. Since a portion of this site currently needs to be
investigated and contamination could still exist on site,this site poses a risk to the
Project and would require implementation of mitigation measures (HAZ 1-9)to
ensure that any potential impacts are less than significant.
o Shell Station—This facility is located at 2960 Yorba Linda Boulevard and is listed in
the LUST and historic Cortese databases.A violation was reported for this site and
on-going remedial activities are being performed. Therefore,this site poses a risk to
the Project and would require implementation of mitigation measures (HAZ 1-9)to
ensure that any potential impacts are less than significant.
Remedial activities may be required to ensure any potential impacts are less than
significant. Although remedial activities have been conducted on the following sites and
no further action has been granted,proposed activities would be conducted adjacent to
these facilities that are registered as having underground storage tanks. The location of
the tanks should be determined on these sites before commencement of demolition
activities.
39
o Tosco#5722 (Currently Service Station 76)—This facility is located at 3001 Yorba
Linda Boulevard and is listed in the LUST and historic Cortese databases. A violation
was reported for this site and no further action was granted in 1991.
o Texaco (Currently Arco Station)—This facility is located at 3370 Yorba Linda
Boulevard and is listed in the LUST and historic Cortese databases. A violation was
reported for this site and remedial activities were performed. In 2000,no further
action was granted for this site.
o Exxon (Currently Shell Station)—This facility is located at 3000 Yorba Linda
Boulevard and is listed in the LUST and historic Cortese databases. A violation was
reported for this site and soil vapor extraction was performed. In 2002,no further
action was granted for this site.
o Chevron#9-8976—This facility is located at 2961 Yorba Linda Boulevard and is
listed in the LUST and historic Cortese databases. A violation was reported for this
site and remedial activities were performed. In 1992,no further action was granted
for this site.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
Less Than Significant with Mitigation—The pump station is located on the campus of
California State University Fullerton. Therefore,the proposed Project would require the
implementation of mitigation measures(HAZ 1-9)to ensure that any potential impacts
from the handling of hazardous materials are less than significant.
d) Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
Less Than Significant—Refer to Response 4.8.b, above,which addresses impacts
hazardous materials sites included in the Cortese List. Although there are two sites that
are listed in the LUST and Cortese databases, the proposed Project is not anticipated to
create a significant hazard to the public or the environment because none of these sites
are located within the construction footprint.
e) For a project located within an airport land use plan or,where such a plan has not been
adopted, within two miles of a public airport or public use airport,would the project
result in a safety hazard for people residing or working in the project area?
No Impact—The proposed Project would not be located within two miles of a public
airport. The nearest airport is the Fullerton Municipal Airport,which is located
40
approximately five miles east of the project area. The proposed Project would not result
in a safety hazard to people residing or working in the Project area.
f) For a project within the vicinity of a private airstrip,would the project result in a safety
hazard for people residing or working in the project area?
No Impact—The proposed Project would not be located within the vicinity of a private
airport. The proposed Project would not result in a safety hazard related to a private
airstrip to people residing or working in the Project area.
g) Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
Less Than Significant with Mitigation—Demolition activities associated with
abandonment of the force main and gravity sewers may create traffic delays along Yorba
Linda Boulevard and Palm Drive. However, implementation of the
Transportation/Traffic mitigation measures TT 1-7 (see Transportation/Traffic 4.16)
would ensure that the Project would not interfere with any emergency response or
evacuation plans.
h) Expose people or structures to a significant risk of loss, injury or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
No Impact—The proposed Project is not located near wildland areas or areas where
wildlands are adjacent to urbanized areas. The proposed Project is not anticipated to have
an adverse impact related to the exposure of people or structures to a significant risk of
loss, injury, or death involving wildland fires.
Mitigation Measures
The following avoidance and minimization measures will reduce potential impacts
related to hazardous wastes and materials during construction of the project.
HAZ-1 Asbestos, lead-based paint, and polychlorinated biphenyl surveys for any
structures that would be demolished as part of the project shall be conducted
during the Plans, Specifications, and Estimates phase of the project by a
certified consultant.
HAZ-2 If analytical results indicate building materials contain asbestos, the contractor
shall prepare an Asbestos Operations and Maintenance Plan in accordance
with applicable regulations. The plan will address worker training and safety
41
measures to be taken when disturbing asbestos-containing materials during
abatement activities.
HAZ-3 The contractor shall ensure that proper removal and disposal of asbestos-
containing material is conducted by a licensed contractor registered with the
California Occupational Safety and Health Administration for asbestos-related
work, or by a licensed and certified asbestos abatement contractor
HAZ-4 If the analytical results indicate that lead-based paint is present,the contractor
shall ensure that demolition materials are handled and disposed of in
accordance with applicable regulations.
HAZ-5 Prior to construction, the contractor shall prepare a Materials Management
Plan that identifies potential recognized environmental conditions, locations,
extent of impact,proposed remediation work,waste management procedures,
avoidance measures, investigation measures, and a contingency plan for
addressing unforeseen conditions. Documentation of completed waste
profiles,manifest forms, and bill-of-lading forms for proper transportation and
disposal of materials off-site will be maintained by the contractor. The plan
shall include the following provisions:
• Characterization and handling of contaminated soils requiring off-site
disposal,
• Soils to be stockpiled for further characterization,
• Process for identifying soils with waste concentrations below regulatory
thresholds that can be reused without restriction,
• Process for identifying and handling wastewater requiring off-site disposal
and/or treatment, and
• Procedures for handling asbestos-containing material potentially
discovered during construction activities.
HAZ-6 Prior to initiating demolition and abandonment activities,the contractor shall
prepare a site-specific Health and Safety Plan that identifies key personnel and
provides a summary risk assessment for workers,the community, and the
environment. The Health and Safety Plan shall include an Air Monitoring Plan
and Emergency Response Plan.
HAZ-7 Prior to construction, the contractor shall prepare a Spill Prevention Control
and Counter Measures Plan to ensure that construction best management
42
practices are adequate for site conditions and to prevent discharge of any
sediment or pollutants into any storm drains, and receiving waters.
HAZ-8 Before construction,the contractor shall notify all utility companies to ensure
that the locations of underground transmission lines and facilities are marked.
In addition,Underground Service Alert shall be contacted at least two
working days before subsurface excavation.
HAZ-9 The contractor shall adhere to the requirements of SCAQMD during all
construction activities.
4.9 Hydrology and Water Quality
Would the project:
a) Violate any water quality standards or waste discharge requirements?
Less Than Significant Impact—Excavation would occur during demolition of the pump
station and injection of grout into the force main and gravity sewer lines. No excavation
is anticipated for the abandonment of the gravity sewer lines, located in the public right
of way. All excavation associated with the pump station demolition would occur within
the enclosed proposed Project site,thereby preventing erosion and sedimentation
associated with stormwater. Minor excavation associated with the grout injection would
occur at an estimated 15 locations along the force main. However,because the amount of
excavated material at each location would be small(i.e., 5.6 cubic yards 4), any potential
impacts to water quality would be minor and insignificant. Additionally, groundwater is
not anticipated to be encountered. In the event that groundwater is encountered during
excavation,dewatering would occur; and the extracted water would be discharged to the
sanitary sewer,which is part of the Sanitation District collection system, and would not
affect water quality.
Equipment staging would occur on the pump station site and along Yorba Linda
Boulevard and Palm Drive. Any residual oil, grease, and other fuel products from
equipment on the pump station site would be contained and would not affect surface
waters. Likewise, any oil, grease, or other fuel products from construction vehicles
associated with the abandonment of the force main would be contained through the
implementation of BMPs. Equipment would be inspected to prevent leaks and would be
maintained as part of customary construction practices. Therefore, any residual oil,
4 Total volume of excavated material determined by the following calculation:is feet X 5 feet X 6 feet=150 cubic
feet 15.6 cubic yards])
43
grease, and other fuel products from equipment would be negligible and would not affect
surface or groundwater.
Because of the size of the proposed Project would disturb less than one acre of soil(0.30
acres)a General Construction Stormwater National Pollutant Discharge Elimination
System (NPDES)Permit and Stormwater Pollution Prevention Plan would not be
required. However,the Sanitation District requires that a Stormwater Pollution Control
Plan be developed for any construction site not covered by the General Construction
Stormwater NPDES Permit. The Stormwater Pollution Control Plan addresses the
implementation of best management practices(BMPs) for construction sites when a
formal Stormwater Pollution Prevention Plan is not required. Additionally, construction
activities would comply with the requirements of the applicable County of Orange
Drainage Area Management Plan for public works construction projects,which includes
details for management of stormwater throughout Orange County and compliance with
the individual NPDES permit that regulates the municipal separate storm sewer system.
All public works construction contracts are governed by"Standard Specifications for
Public Works Construction". Section 7 of these standard specifications imposes specific
construction practices,which are included within Drainage Area Management Plan's
Appendix H as structural and nonstructural BMPs for public works construction. In
general,the standard specifications require the Contractor to keep informed of, observe,
and comply with state and federal laws and county and municipal ordinances and
regulations.
b) Substantially deplete groundwater supplies or interfere substantially with groundwater
recharge such that there would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g.,the production rate of pre-existing nearby wells would
drop to a level which would not support existing land uses or planned uses for which
permits have been granted)?
No Impact—Demolition of the pump station or abandonment of the gravity sewer lines
and force main would not result in a depletion of groundwater supplies and demolition of
the proposed Project would not interfere with groundwater recharge. The proposed
Project would not result in a significant adverse impact related to groundwater supply or
recharge.
c) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river,in a manner which would result in substantial
erosion or siltation on-or off-site?
'The total area of disturbance was determined by calculating the area of disturbance for each project component.
1)Pump station [100 feet X 130 feet=13,000 square feet(0.29 acre)].
2)Force main abandonment[5 feet X 5 feet X 15 locations=375 square feet(<0.01 acre)]
44
No Impact—No natural surface bodies of water, including streams, or other bodies of
water,are present on the proposed Project site. Furthermore, the proposed Project would
not substantially alter the existing drainage pattern of the site or area. Therefore,the
proposed Project is not anticipated to alter the existing drainage pattern of the site and
would not result in substantial erosion or siltation onsite or offsite.
d) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river,or substantially increase the rate or amount of
surface runoff in a manner which would result in flooding on-site or off-site?
No Impact—The proposed Project would not substantially alter the existing drainage
pattern of the site or area. Therefore, the proposed Project would not alter the course of a
stream or river and would not cause a substantial increase in the volume of runoff that
would result in flooding on-site or off-site.
e) Create or contribute runoff water which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted runoff?
No Impact—The proposed Project would not create or contribute to runoff water that
would exceed the capacity of existing or planned stormwater drainage systems.
Construction activities would include the implementation of BMPs to control erosion and
sedimentation of excavated soil from stormwater runoff. This would prevent erosion and
sedimentation associated with stormwater from affecting surface waters. The proposed
Project is not anticipated to result in a significant adverse impact related to polluted
runoff or on the capacity of stormwater drainage systems.
f) Otherwise substantially degrade water quality?
No Impact—Refer to Response 4.9.a), above,which addresses impacts to water quality.
The proposed Project is not anticipated to substantially degrade water quality.
g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
No Impact—No housing development associated with the proposed Project would be
within a 100-year flood hazard area.
h) Place within a 100-year flood hazard area structures which would impede or redirect
flood flows?
No Impact—The proposed Project would demolish and remove an existing pump station
and associated below grade structures including a force main and gravity sewer lines.
Additionally, it would not include structures that would impede or redirect flood flows.
45
Therefore,no impacts would be associated with the placement of structures that would
impede or redirect flood flows within a 100-year flood hazard area.
i) Expose people or structures to a significant risk of loss, injury or death involving
flooding, including flooding as a result of the failure of a levee or dam?
No Impact—No levee or dam is within the vicinity of the proposed Project. Therefore,
no impacts would be associated with risk of loss, injury,or death involving flooding as a
result of the failure of a levee or dam.
j) Inundation by seiche, tsunami, or mudflow?
No Impact—Based on the location of the proposed Project site,the site is not likely to be
inundated by a seiche, tsunami, or mudflow.
Mitigation Measures
The proposed Project would not result in significant adverse impacts to Hydrology and Water
Quality. Therefore,no mitigation measures are proposed.
4.10 Land Use and Planning
Would the project:
a) Physically divide an established community?
No Impact—The proposed Project would occur on the California State University
Fullerton campus and along Yorba Linda Boulevard and Palm Drive. The removal of the
pump station and ancillary equipment and abandonment in place of below grade force
main and sewer lines would not physically divide an established community.
b) Conflict with any applicable land use plan,policy, or regulation of an agency with
jurisdiction over the project(including,but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
No Impact—The proposed Project would not change existing land uses and would not
conflict with existing general plan designations or zoning ordinances. Therefore, the
proposed Project would not conflict with any applicable land use plan,policy, or
regulation.
c) Conflict with any applicable habitat conservation plan or natural community conservation
plan?
46
No Impact—The proposed Project is not within an adopted habitat conservation plan or
natural community conservation plan area. The proposed Project would not conflict with
any applicable habitat conservation plan or natural community conservation plan.
Mitigation Measures
The proposed Project would not result in a significant adverse impact related to Land Use and
Planning. Therefore,no mitigation measures are proposed.
4.11 Mineral Resources
Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to
the region and the residents of the state?
No Impact—The proposed Project would not use mineral resources and would not affect
the availability of any known mineral resources. The proposed Project would not result in
the loss of availability of a known mineral resource that would be of value to the region
and the residents of the state.
b) Result in the loss of availability of a locally-important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan?
No Impact—The proposed Project site is not located in a delineated mineral resource
area. The proposed Project would not result in the loss of availability of a locally
important mineral resource recovery site.
Mitigation Measures
The proposed Project would not result in a significant adverse impact related to Mineral
Resources. Therefore,no mitigation measures are proposed.
4.12 Noise
Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of standards established in
the local general plan or noise ordinance, or applicable standards of other agencies?
Less Than Significant Impact—Noise generated from equipment used during
demolition of the pump station and abandonment of the gravity sewer lines and force
main would be the primary source of noise associated with the proposed Project.
47
Demolition would occur during permitted hours identified in the City of Fullerton
Building Code, and demolition activities would comply with the City of Fullerton Noise
Ordinance.Noise created by construction activities is exempt from the noise ordinance
during the hours of 7 a.m. to 8 p.m. Monday through Saturday. Noise levels on Sundays
and federal holidays must conform to the City's noise standards (measured from the
interior of a residence: 55 db during the hours of 7 a.m. to 10 p.m. and 45 db 10 p.m. to 7
a.m.). No construction activities would occur outside these hours or on federal holidays
unless a temporary waiver is granted by an authorized representative. These same
limitations would be extended to the trucks,vehicles,and equipment that are involved
with material deliveries, loading,or transfer of materials, equipment service, and
maintenance.
Noise measurements were conducted for the Collegetown Specific Plan Environmental
Impact Report. Noise measurements were recorded to quantify the ambient background
noise.A noise measurement was collected adjacent to Yorba Linda Boulevard and east of
State College Boulevard. The results from the previous noise analysis concluded that
ambient noise levels (approximately 73 decibels(A-weighted)) are higher than the
allowable noise levels specified in the noise ordinance for the City of Fullerton primarily
due to heavy traffic along Yorba Linda Boulevard.
The proposed Project would not result in the exposure of persons to or generation of
noise levels in excess of standards established in the local general plan or noise
ordinance, and impacts would be less than significant.
b) Exposure of persons to or generation of excessive groundbornne vibration or groundbome
noise levels?
No Impact—Demolition activities associated with removal of the pump station and
abandonment of the gravity sewer lines and force main would not require the substantial
duration or amount of activities commonly known to produce excessive groundbome
vibration or noise(e.g.,pile driving). The proposed Project would not result in the
exposure of persons to or generation of excessive groundbome vibrations or groundbome
noise levels. Therefore,the deconstruction activities would not have any impact to
groundbome vibration or noise levels.
c) A substantial permanent increase in ambient noise levels in the project vicinity above
levels existing without the project?
No Impact—A substantial permanent increase in ambient noise levels would not occur
because the facility will be removed.
d) A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project?
48
Less Than Significant Impact—Refer to Response 4.12.a. above.
e) For a project located within an airport land use plan or,where such a plan has not been
adopted, within two miles of a public airport or public use airport,would the project
expose people residing or working in the project area to excessive noise levels?
No Impact—The proposed Project is not located within an airport land use plan or within
two miles of a public airport. The proposed Project would remove an existing pump
station and abandon two gravity sewer lines and a force main and is not anticipated to
have any effect associated with an airport on people residing or working in the Project
area. Therefore,the proposed Project would not result in the exposure of people residing
or working in the Project area to excessive noise levels.
f) For a project within the vicinity of a private airstrip,would the project expose people
residing or working in the project area to excessive noise levels?
No Impact—The proposed Project would not be located within the vicinity of a private
airstrip. Therefore,the proposed Project would not expose people residing or working in
the Project area to excessive noise levels.
Mitigation Measures
The proposed Project would not result in a significant adverse impact related to Noise.No
mitigation measures are proposed.
4.13 Population and Housing
Would the project
a) Induce substantial population growth in an area, either directly(for example,by
proposing new homes and businesses) or indirectly(for example,through extension of
roads or other infrastructure)?
No Impact—The proposed Project would deconstruct a pump station and abandon two
gravity sewer lines and a force main. It would not directly or indirectly induce
substantial population growth in the area. Therefore, the proposed Project would not
result in an impact related to inducing population growth.
b) Displace substantial numbers of existing housing,necessitating the construction of
replacement housing elsewhere?
No Impact—The proposed Project would have no impact associated with displacing
existing housing or necessitating the construction of replacement housing.
49
c) Displace substantial numbers of people,necessitating the construction of replacement
housing elsewhere?
No Impact—The proposed Project would have no impact associated with displacing
people or necessitating the construction of replacement housing.
Mitigation Measures
The proposed Project would not result in a significant adverse impact related to Population and
Housing. Therefore,no mitigation measures are proposed.
4.14 Public Services
Would the project result in substantial adverse physical impacts associated with the provision of
new or physically altered governmental facilities, need for new or physically altered
governmental facilities,the construction of which could cause significant environmental impacts,
in order to maintain acceptable service ratios,response times or other performance objectives for
any of the public services:
• Fire protection?
• Police protection?
• Schools?
• Parks?
• Other public facilities?
Less Than Significant Impact with Mitigation—Adequate emergency access will be
maintained throughout the duration of the project construction. Although, the proposed Project
could cause traffic delays in the project area,which could delay emergency services, the
implementation of Transportation/Traffic mitigation measures (TT 1-7)would ensure that any
potential impacts to emergency access would be less than significant. Therefore, with the
implementation of mitigation measures,the proposed Project is not anticipated to result in a
significant adverse impact related to emergency access. Refer to Response 4.16 for
Transportation/Traffic mitigation measures.
Mitigation Measures
The avoidance and minimization measures (TT-1-7)from Section 4.16(Traffic/Transportation)
will reduce potential impacts related to public service during construction of the project.
50
4.15 Recreation
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would
occur or be accelerated?
No Impact—The proposed Project would not increase the use of parks of other
recreational facilities such that substantial physical deterioration of the facility would
occur or would be accelerated. The proposed Project would have no impact on the use of
existing neighborhood and regional parks or other recreational facilities.
b) Does the project include recreational facilities or require the construction or expansion of
recreational facilities which might have an adverse physical effect on the environment?
No Impact—The proposed Project does not include recreational facilities, and would not
require the construction or expansion of recreational facilities. The proposed Project
would not have an adverse physical effect on the environment related to recreational
facilities.
Mitigation Measures
The proposed Project would not result in a significant adverse impact related to Recreation.
Therefore,no mitigation measures are proposed.
4.16 Transportation/Traffic
Would the project:
a) Conflict with an applicable plan, ordinance or policy establishing measures of
effectiveness for the performance of the circulation system,taking into account all modes
of transportation including mass transit and non-motorized travel and relevant
components of the circulation system,including but not limited to intersections, streets,
highways and freeways,pedestrian and bicycle paths, and mass transit?
Less Than Significant Impact with Mitigation—The proposed Project site is located
along Yorba Linda Boulevard and Palm Drive. Vehicles entering and exiting the pump
station site during demolition would use Yorba Linda Boulevard. A small increase in
traffic at the Yorba Linda Boulevard/Campus Drive (Associated Road)intersection could
result during demolition of the pump station from the transport of workers or materials to
and from the site. However, any increases in traffic associated with the pump station
demolition are anticipated to be negligible. Work along Yorba Linda Boulevard and
Palm Drive associated with the abandonment of the gravity sewer lines and force main
51
would require the closure of one lane of traffic along Yorba Linda Boulevard and Palm
Drive during construction. However,both streets would remain open at all times. Traffic
control would allow vehicle traffic to continue during construction and could include
flagmen and/or signs to direct traffic. During hours when construction does not occur, all
lanes of traffic would be open along Yorba Linda Boulevard and Palm Drive.Nighttime
construction may occur,when needed to reduce any impacts to traffic along Yorba Linda
Boulevard and Palm Drive. The proposed Project is not anticipated to result in an
adverse impact related to traffic with the implementation of Transportation/Traffic
mitigation measures (TT 1-7), including the preparation of a traffic control plan.
b) Conflict with an applicable congestion management program, including,but not limited
to level of service standards and travel demand measures, or other standards established
by the county congestion management agency for designated roads or highways?
No Impact—The minimal increase in traffic along Yorba Linda Boulevard and Palm
Drive during demolition and removal of the pump station is not expected to result in
change to the existing level of service.
c) Result in a change in air traffic patterns, including either an increase in traffic levels or a
change in location that results in substantial safety risks?
No Impact—The proposed Project would have no impact on air traffic patterns.
d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections)or incompatible uses (e.g.,farm equipment)?
No Impact—The proposed Project would not increase hazards due to design features or
incompatible uses.
e) Result in inadequate emergency access?
Less Than Significant with Mitigation—Adequate emergency access will be
maintained throughout the duration of the project construction. Although, the proposed
Project could cause traffic delays in the project area,which could delay emergency
services,the implementation of Transportation/Traffic mitigation measures (TT 1-7)
would ensure that any potential impacts to emergency access would be less than
significant. Therefore, with the implementation of mitigation measures, the proposed
Project is not anticipated to result in a significant adverse impact related to emergency
access.
t) Conflict with adopted policies, plans,or programs regarding public transit,bicycle,or
pedestrian facilities, or otherwise decrease the performance or safety of such facilities?
52
Less than Significant With Mitigation—The proposed Project may impact the Orange
County Transportation Authority bus route along Yorba Linda Boulevard, but access to
the transit system will be maintained at all times. impacts may include the temporary re-
location of the Yorba Linda-Campus and Yorba Linda-Deerpark stops and delays due to
traffic. However,the implementation of Transportation/Traffic mitigation measures (TT-
I through TT-7)would ensure that any potential impacts to the transit system would be
less than significant.
Mitigation Measures
The following avoidance and minimization measures will reduce potential impacts related to
transportation/traffic during construction of the project
TT-1 Traffic control plans shall be prepared by a qualified professional engineer as
required prior to construction of the Project
TT-2 Traffic control plans shall consider the ability of alternative routes to carry
additional traffic and shall identify the least disruptive hours of construction,
site truck access routes, and the type and location of warning signs, lights,
and other traffic control devices. Consideration shall be given to maintaining
access to commercial puking lots and sidewalks to the greatest extent
feasible.
TT-3 Traffic control plans shall comply with the Work Area Traffic Control
Handbook and/or the Manual on Uniform Traffic Control Devices, as
determined by each affected local agency, to minimize any traffic and
pedestrian hazards that exist during project construction.
TT-4 Public roadways shall be restored to their pre-existing condition after project
construction is completed.
TT-5 The Sanitation District shall attempt to schedule construction of relief
facilities to occur jointly with other public works projects already planned in
the affected locations, through careful coordination with all local agencies
involved.
TT-6 Emergency service purveyors shall be contacted and consulted to preclude
the creation of unnecessary traffic bottlenecks that shall seriously impede
response times. Additionally,measures to provide an adequate level of access
to private properties shall be maintained to allow delivery of emergency
services.
53
TT-7 Orange County Transportation Authority shall be contacted when
construction affects roadways that me part of the OCTA bus transit network.
Adequate procedures shall be implemented to keep bus routes and station
accessible to users.
4.17 Utilities and Service Systems
Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality
Control Board?
No Impact—The proposed Project would remove the existing Yorba Linda Pump Station
and abandon two gravity sewer lines at the Yorba Linda Boulevard/Campus Drive
intersection and a force main along Yorba Linda Boulevard and Palm Drive. It would not
exceed the existing wastewater treatment requirements of the Regional Water Quality
Control Board.
b) Require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects?
No Impact The proposed Project would not require or result in the construction of new
water or wastewater treatment facilities or in the expansion of existing facilities.
However, this project requires the reconstruction of the Newhope-Placentia Trunk to
increase the size of the sewer from 18 inches to 30 inches to accommodate projected
flows from planned developments in the surrounding area. The Newhope-Placentia Trunk
Replacement project is included in the Sanitation District's 2007 Collection System
Improvement Plan Programmatic Environmental Impact Report.
c) Require or result in the construction of new storm water drainage facilities or expansion
of existing facilities, the construction of which could cause significant environmental
effects?
No Impact—No new stonnwater drainage facilities or expansion of existing facilities
would result or be required as part of the proposed Project.
d) Have sufficient water supplies available to serve the project from existing entitlements
and resources, or are new or expanded entitlements needed?
No Impact—The proposed Project would not require the provision of new water
supplies. Water entitlements and resources would not be impacted by the proposed
Project
54
e) Result in a determination by the wastewater treatment provider which serves or may
serve the project that it has adequate capacity to serve the project's projected demand in
addition to the provider's existing commitments?
No Impact—The proposed Project would not have a significant effect on the wastewater
treatment capacity of the Sanitation District.
f) Be served by a landfill with sufficient permitted capacity to accommodate the project's
solid waste disposal needs?
No Impact—Debris or solid waste generated during demolition of the pump station and
abandonment of the gravity sewer lines and force main would be transported to an
approved solid waste disposal facility. Based on the anticipated quantity of solid waste
material (estimated to be 700 cubic yards'), the proposed Project is not expected to affect
the capacity of existing landfills. The proposed Project would not generate solid waste
following completion of the proposed Project.
g) Comply with federal, state, and local statutes and regulations related to solid waste?
No Impact—Solid waste produced by the proposed Project would be disposed at a
properly permitted facility in accordance with federal and state laws.
Mitigation Measures
The proposed Project would not result in a significant adverse impact related to Utilities and
Service Systems. Therefore,no mitigation measures are necessary.
4.18 Mandatory Findings of Significance
a) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,threaten to eliminate a plant or animal
community,reduce the number or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major periods of California history or
prehistory?
No Impact—The proposed Project is located in a developed area. The proposed Project
would not result in a significant adverse impact on the environment including biological
and cultural resources,nor would the proposed Project eliminate important examples of
major periods of California history or prehistory.
6 Volume of debris estimated by the following:(33 feet[width]X 65 feet[height]X 34 feet[depth]X 0.10[density
factor])=270 cubic yards(rounded to 300 cubic yards)
55
b) Does the project have impacts that are individually limited, but cumulatively
considerable? ("Cumulatively considerable"means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects,the
effects of other current projects, and the effects of probable future projects)?
No Impact—The proposed Project would not result in any significant adverse
cumulative impacts.
c) Does the project have environmental effects which will cause substantial adverse effects
on human beings, either directly or indirectly?
Less Than Significant with Mitigation—The proposed Project could have
environmental effects that would cause substantial adverse effects on human beings,
either directly or indirectly. However,these impacts would be reduced to a less than
significant level with the implementation of mitigation measures,previously described in
Chapter 4.
56
5.0 Preparers and Contributors
Orange County Sanitation District
Daisy Covarmbias—Senior Staff Analyst
Wendy Smith—Engineer
Jacobs
Lauren Abom—Project Manager, Senior Environmental Planner
Gary Fink, RPA—Senior Archaeologist
Phill Peters—Environmental Planner
Paige Peyton, RPA—Senior Architectural Historian
Dana Ragusa Air Quality,Noise and Hazardous Materials Specialist
Misha Seguin—Environmental Planner,QA/QC
57
6.0 References
California Department of Conservation,Division of Mines and Geology. 2007. Special
Publication 42, Fault-Rupture Hazard Zones in California.
http://www.conservation.ca.gov/cgs/rghni/ap/Pages/Index.aspx. Accessed October 1, 2014.
California Department of Toxic Substances Control. 2014. Hazardous Water and Substances List
(Cortese List).
http://www.envirostor.dtsc.ca.gov/public/search.asp?cmd=search&reporftype=CORTESE&si
te_type=CSITES,OPEN,FUDS,CLOSE&status=ACT,BKLG,COM&reporttitle=HAZARDO
US+WASTE+AND+SUBSTANCES+SITE+LIST. Accessed October 1, 2014.
California Office of Historic Preservation. 2014. California Historical Resources Information
System. South Central Coast Information Center. Records Search File No.: 14421.570.
City of Fullerton, Planning Department. 2012. The Fullerton Plan, Land Use Element.
http://www.cityoffullerton.com/depts/dev_serv/general plan_update/the_fullerton plan.asp.
Accessed October 1,2014.
City of Fullerton, Community Development. 2012. Zoning Maps.
http://www.cityoffullerton.com/depts/dev_sere/planning_/zoning/maps/default.asp. Accessed
October 1,2014.
Environmental Data Resources (EDR). 2014. The EDR Radius Map Report with GeoCheck for
the Yorba Linda Pump Station Abandonment Project. Inquiry Number: 4098722-2s, October
8, 2014.
Orange County Sanitation District. Collection System Improvement Plan Program
Environmental Impact Report. 2007.
Orange County Water District. 2012. Orange County Groundwater Contour Maps.
http://www.ocwd.com/Portals/O/ProgramsProj ects/Hydrogeology/GroundwaterContowMaps/
June_WL2012L2.pd£Accessed September 9,2014.
South Coast Air Quality Management District(SCAQMD). 2014. CEQA Air Quality Handbook.
http://www.agmd.gov/home/regulations/cega/air-quality-analysis-handbook. Accessed
September 9, 2014.
58
Appendix A
Deconstruction Emission Calculations
A-1
EMISSIONS FROM THE YORBA LINDA PUMP STATION ABANDONMENT PROJECT
Maximum Daily Deconstruction Emissions for the Pump Station
Attribute Emissions
CO ROG NOx Sox Combustion Fugitive Total
Phase PM10 PM10 PM10
(lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day)
Excavation 1.6816 0.2804 2.9438 0.0041 0.1259 0.0134 0.1396
SCAQMD Threshold (lb/day) 550 75 100 150 — — 150
Significant No No No No No
Maximum Daily Deconstruction Emissions for the Abandonment of the Force Main
Attribute Emissions
CO ROG NO, S% Com�bus�tion Fuugi''ove Total PM�o
Phase
(lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (Ib/day)
Excavation 3.5801 0.5673 6.4023 0.0100 0.2300 0.0871 0.3170
SCAQMD 550 75 100 150 — -- 150
Threshold (lb/day)
Significant No No No No No
A-2
Maximum Daily Deconstruction Emissions for the Abandonment of Gravity Sewer Lines
Attribute Emissions
CO ROG NOx sox Combustion Fugitive Total PM10
Phase PM10 PM10
(lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day) (lb/day)
Excavation 0.5465 0.0597 0.8088 0.0020 0.0179 0.0534 0.0712
SCAQMD 550 75 100 150 — — 150
Threshold (lb/day)
Significant No No No No No
A-3
Table 1-1: Heavy Construction E ui ment Exhaust Emission Factors
Equipment Type Fuel CO ROG NOx sox PM,
Ib/da (lb/day (lb/day) (lb/day) Ib/hr
Concrete Saws/Breakers Diesel 0.5152 0.1654 1.0187 0.0009 0.083
Dumpers/Tenders Diesel 0.0383 0.0137 0.0709 0.0001 0.0049
Excavators Diesel 0.6758 0.1792 1.3897 0.0013 0.0794
Off-Highway Trucks Diesel
(asphalt trucks) 0.9451 0.287 2.853 0.0027 0.1051
Off-Highway Trucks Diesel
(concrete trucks) 0.9451 0.287 2.853 0.0027 0.1051
Off-Highway Trucks(pick- Diesel
up trucks) 0.9451 0.287 2.853 0.0027 0.1051
Off-Highway Trucks(water Diesel
truck) 0.9451 0.287 2.853 0.0027 0.1051
Roller Diesel 0.4326 0.145 0.865 0.0007 0.0734
Tractors/Loaders/Backhoes Diesel 0.3748 0.1179 0.6979 0.0006 0.0635
Source:SCAQMD.Off-Road Mobile Source Emission Factors Scenario Year 2007.
A-4
Table 1-2: On-Road Mobile Emission Factors from California ARB EMFAC2007 Scenario Year: 2007 -- Model Years: 1965 to 2007
Vehicle CO Emissions ROG Emission NOx Emissions SOx Emissions PMro Emissions
Type Factor Ib/mile Factor Ib/mile (lb/mile) (lb/mile) (lb/mile)
Construction
Workers 0.01155 0.00118 0.00121 0.00001 0.00008
Commuting
Light-duty 0.02407 0.00323 0.02508 0.000026 0.00091
Trucks
Heavy
Diesel 0.01446 0.00372 0.04718 0.000039 0.00230
Trucks
Source:SCAQMD.On-Road Mobile Source Emission Factors Scenario Year 2007.
Table 1-3: Fugitive Emission Factors for Construction Activities
Activity PMtoEmissions
Iba/ton
Storage Pile Filling/Truck Dumping 0.009075
Source:SCAQMD CEQA Air Quality Handbook, November 1993.Table 9-9
Table 1-4: Fugitive Emission Factors for On-Road Trucks and Em loyee Vehicles
Source Type Emission Factor
Ib/vmt
Passenger Vehicle/On Paved Roadways 0.018
Trucks on Paved Roadways 0.214
Light Duty Trucks on Unpaved Roads* 1.45
Source:SCAQMD CEQA Air Quality Handbook, November 1993.Table A9-9&Table A9-9C
* Emissions calculated from SCAQMD CEQA Air Quality Handbook,November 1993.Table A9-9-D. G=14. H=15,J=4 tons, 1=4 and K=10.
A-5
HEAVY CONSTRUCTION EQUIPMENT COMBUSTION CALCULATIONS FOR DECONSTRUCTION OF PUMP STATION
Table 2-1: Excavation
Hour/day CO ROG NOx sox Combustion
Equipment Type Number Fuel Operation (lb/day) (lb/day) (Ib/day) (lb/day) PMJ°
Ib/hr
Concrete Saw 1 Diesel 4 2.0608 0.6616 4.0748 0.0036 0.332
Concrete Breaker 1 Diesel 4 2.0608 0.6616 4.0748 0.0036 0.332
Dump Truck 1 Diesel 8 0.3064 0.1096 0.5672 0.0008 0.0392
Dump Truck 1 Diesel 6 0.2298 0.0822 0.4264 0.0006 0.0294
Dump Truck 1 Diesel 4 0.1532 0.0548 0.2836 0.0004 0.0196
Excavator 2 Diesel 6 4.0548 1.0752 8.3382 0.0078 0.4764
Off-Highway Trucks(pick-up 8 Diesel 6
trucks) 5.6706 1.722 17.118 0.0162 0.6306
Off-Highway Trucks(water 1 Diesel 4
truck) 3.7804 1.148 11.412 0.0108 0.4204
Front End Loader 1 Diesel 8 2.9984 0.9432 5.5832 0.0048 0.508
Total 21.3152 6.4582 51.8772 0.0486 2.7876
Source:SCAQMD.Off-Road Mobile Source Emission Factors Scenario Year 2007.
A-6
HEAVY CONSTRUCTION EQUIPMENT COMBUSTION CALCULATIONS FOR ABANDONMENT OF FORCE MAIN
Table 2-2: Excavation
Hour/day CO ROG NOx SOx Combustion
Equipment Type Number Fuel Operation (Iblday) (lb/day) (lb/day) (lb/day) PMro
lb day)
Concrete Saw 1 Diesel 4 2.0608 0.6616 4.0748 0.0036 0.332
Concrete Truck 1 Diesel 4 3.7804 1.148 11.412 0.0108 0.4204
Dump Truck 1 Diesel 6 0.2298 0.0822 0.4254 0.0006 0.0294
Excavator 1 Diesel 6 4.0548 1.0752 8.3382 0.0078 0.4764
Off-Highway Trucks(asphalt
truck) 1 Diesel 6 5.6706 1.722 17.118 0.0162 0.6306
Off-Highway Trucks(pick-up
trucks) 12 Diesel 6 5.6706 1.722 17.118 0.0162 0.6306
Roller 1 Diesel 6 2.5956 0.87 5.19 0.0042 0.4404
Front End Loader 1 Diesel 6 2.2488 0.7074 4.1874 0.0036 0.381
Total 24.2506 7.3268 63.789 0.0594 3.0088
Source:SCAQMD.Off-Road Mobile Source Emission Factors Scenario Year 2007.
A-7
HEAVY CONSTRUCTION EQUIPMENT COMBUSTION CALCULATIONS FOR ABANDONMENT OF GRAVITY SEWER
LINES
Table 2-3: Excavation
Hour/day CO ROG NOx sox Combustion
Equipment Type Number Fuel operation (Iblday) (lb/day) (lb/day) (lb/day) PM,
in (lb/day)
Off-Highway Trucks (concrete 1 Diesel 6 5.6706 1.722 17.118 0.0162 0.6306
pump trucks)
Off-Highway Trucks(pick-up 4 Diesel 6 5.6706 1.722 17.118 0.0162 0.6306
trucks)
Total 11.3412 3.444 T 34.236 0.0324 1.2612
Source:SCAQMD.Off-Road Mobile Source Emission Factors Scenario Year 2007.
A-8
VEHICLE EMISSIONS
Table 3-1: Excavation
Parameters Peak Day Emissions, Ibslda
Number Total Distance Combustion Fugitive
Source of Number Traveled CO ROG NOx sox PMJ' PM"
Vehicles of Trips per Trip Emissions Emissions Emissions Emissions Emissions Emissions
Construction Workers Commuting 16 32 20 7.392 0.7552 0.7744 0.0064 0.0512 n/a
Light-duty Trucks 5 5 5 0.60175 0.08075 0.627 0.00065 0.02275 n/a
Onsite
Daily Delivery 1 3 20 1.4442 0.1938 1.5048 0.00156 0.0546 n/a
Trucks
Dump Trucks 1 7 10 1.0122 0.2604 3.3026 0.00273 0.161 0.147
Totals 10.45015 1.29015 6.2088 0.01134 0.28955 0.147
Emission calculations assume that all construction phases overlap.
Worker commute is assumed to be 20 miles per trip.
Daily Delivery Truck trip distance is assumed to be 20 miles trip.
Fugitive PM10 is from paved roads for commuters,dump trucks,and delivery trucks and unpaved road for onsite trucks.
A-9
SOIL HAULING
Table 4-1: Soil Hauling
Export Material Total Amount
Soil 5.57 cubic yards
Table 4-2: Soil Hauling and Pile Filling by Phase
Cubic Tons Average
Phase Yards Exported Tons
Exported Exported
per Da
Excavation 5.57 4.64 4.64
Calculation assumes a soil density of 1.45 g/cubic cm
Calculation assumes that all soil hauling occurs during a single day(worst case)
Table 4-3: Soil Hauling and Pile Filling Daily PM,o Emissions by Phase
Phase Emissions (lb/clay)
Excavation 0.051
A-10
Appendix B
Mitigation Monitoring and Reporting Plan
MITIGATION MONITORING AND REPORTING PLAN
Mitigation Measures Timing Implementing Monitoring
Agency Entity
Section 4.18 Hazards and Hazardous Materials
Mitigation Measure HAZ-1:
Asbestos,lead-based paint, and polychlorinated biphenyl surveys for any structures that would be renovated or demolished as part Before Contractor OCSD
of the project shall be conducted during the Plans, Specifications,and Estimates phase of the project by a certified consultant. Construction
Mitigation Measure HAZ-2:
If analytical results indicate building materials contain asbestos,the contractor shall prepare an Asbestos Operations and Before Contractor OCSD
Maintenance Plan in accordance with applicable regulations.The plan will address worker training and safety measures to be Construction
taken when disturbing asbestos-containing materials during abatement activities.
Mitigation Measure HAZ-3:
The contractor shall ensure that proper removal and disposal of asbestos-containing material is conducted by a licensed contractor During Contractor OCSD
registered with the California Occupational Safety and Health Administration for asbestos-related work,or by a licensed and Construction
certified asbestos abatement contractor.
Mitigation Measure HAZ4:
If the analytical results indicate that lead-based paint is present,the contractor shall ensure that demolition materials are handled Before Contractor OCSD
and disposed of in accordance with applicable regulations. Construction
B-1
Mitigation Measures Timing Implementing Monitoring
Agency Entity
Mitigation Measure HAZ-5:
Prior to construction,the contractor shall prepare a Materials Management Plan that identifies potential recognized environmental Before Contractor OCSD
conditions, locations,extent of impact,proposed remediation work,waste management procedures,and avoidance measures, Construction
investigation measures,and a contingency plan for addressing unforeseen conditions.
Documentation of completed waste profiles,manifest forms,and bill-of-lading forms for proper transportation and disposal of
materials off-site will be maintained by the contractor.The plan shall include the following provisions:
• Characterization and handling of contaminated soils requiring off-site disposal,
• Soils to be stockpiled for further characterization,
• Process for identifying soils with waste concentrations below regulatory thresholds that can be reused without restriction,
• Process for identifying and handling wastewater requiring off-site disposal and/or treatment,and
• Procedures for handling asbestos-containing material potentially discovered during construction activities.
Mitigation Measure HAZ-6:
Prior to initiating demolition and abandonment activities,the contractor shall prepare a site-specific Health and Safety Plan that Before Contractor OCSD
identifies key personnel and provides a summary risk assessment for workers,the community,and the environment.The Health Construction
and Safety Plan shall include an Air Monitoring Plan and Emergency Response Plan.
Mitigation Measure HAZ-7:
Prior to construction,the contractor shall prepare a Spill Prevention Control and Counter Measures Plan to ensure that construction Before Contractor OCSD
best management practices are adequate for site conditions and to prevent discharge of any sediment or pollutants into any storm Construction
drains,and receiving waters.
B-2
Mitigation Measures Timing Implementing Monitoring
Agency Entity
Mitigation Measure HAZ-8:
Before construction,the contractor shall notify all utility companies to ensure that the locations of underground transmission lines Before Contractor OCSD
and facilities are marked. In addition, Underground Service Alert shall be contacted at least two working days before subsurface Construction
excavation.
Mitigation Measure HAZ-9:
The contractor shall adhere to the requirements of SCAQMD during all construction activities. During Contractor OCSD
Construction
Mitigation Measure TT-1:
A traffic control plan shall be prepared by a qualified professional engineer as required prior to the construction phase of the Before Contractor OCSD
Project. Construction
Mitigation Measure TT-2:
Traffic control plans shall consider the ability of alternative routes to carry additional traffic and shall identify the least disruptive Before Contractor OCSD
hours of construction,site truck access routes,and the type and location of warning signs,lights,and other traffic control devices. Construction
Consideration shall be given to maintaining access to commercial parking lots and sidewalks to the greatest extent feasible.
Mitigation Measure TT-3:
Traffic control plans shall comply with the Work Area Traffic Control Handbook and/or the Manual on Uniform Tmffic Control Before Contractor OCSD
Devices,as determined by each affected local agency,to minimize any traffic and pedestrian hazards that exist during project Construction
construction.
Mitigation Measure TT-4:
Public roadways shall be restored to their pre-existing condition after project construction is completed. After Contractor OCSD
Construction
Mitigation Measure TT-5:
The Sanitation District shall attempt to schedule construction of relief facilities to occur jointly with other public works projects Before OCSD OCSD
already planned in the affected locations,through careful coordination with all local agencies involved. Construction
B-3
Mitigation Measures Timing Implementing Monitoring
Agency Entity
Mitigation Measure TT•6:
Emergency service purveyors shall be contacted and consulted to preclude the creation of unnecessary traffic bottlenecks that Before Contractor OCSD
shall seriously impede response times.Additionally, measures to provide an adequate level of access to private properties shall be Construction
maintained to allow delivery of emergency services.
Mitigation Measure TT•7:
Orange County Transportation Authority shall be contacted when construction affects roadways that are part of the OCTA bus Before OCSD OCSD
transit network.Adequate procedures shall be implemented to keep bus routes and station accessible to users. Construction
B-4
Appendix C
Comment Letters and
Response to Comments
Water Boards �/ d
State Water Resources Control Board
JAN 0 5 20p
Daisy Covanubias,Senior Staff Analyst
Orange County Sanitation District,Planning Division
10844 Ellis Ave
Fountain Valley,CA 9270E
Dear Ms.Covanubias:
INITIAL STUDYIMITIGATED NEGATIVE DECLARATION(IS/MND)FOR ORANGE COUNTY
SANTITATION DISTRICT(DISTRICT);YORBA LINDA PUMP STATION ABANDONMENT
PROJECT(PROJECT);ORANGE COUNTY;2014121054
We have received a copy of the Distncrs draft IS/MND from the State Cleannghouse for the
Project. We understand that the District is not pursuing Clean Water State Revolving Fund
(CWSRF)financing for this Project. Since the Project may be eligible for CWSRF financing,the
State Water Resources Control Board(State Water Board)is providing information on the
environmental review requirements of the CWSRF Program,should the District decide to
pursue CWSRF financing in the future.
The CWSRF Program provides low-cost financial assistance for a wide variety of water quality
improvement and enhancement projects that protect water quality and public health. It has
grant funds under certain conditions with limited availability. Three enclosures are included that
further explain the CWSRF Program environmental review process and the additional federal
requirements.For the complete environmental application package please visit:
hMJ/www.waterboards.caoov/water aov/water issuesnorooramalorants Ioans/srf/sd forms shtmL For
further information on the CWSRF Program,please contact Mr.Ahmed Kashkoli,at(916)341-
5855.
It is important to note that prior to a CWSRF financing commitment,projects are subject to
provisions of the Federal Endangered Species Act(ESA),and must obtain Section 7 clearance
from the United Slates Department of the Interior,Fish and Wildlife Service(USFWS),and/or
the United States Department of Commerce National Oceanic and Atmospheric Administration,
National Marine Fisheries Service(NMFS)for any potential effects to special status spades.
Please be advised that Me State Water Board will consult with the USFWS,and/or the NMFS
regarding all federal special-status species that the Project has the potential to impact a the
Project is to be financed by the CWSRF Program. The District will deed to identify whether the
Project will involve any direct effects from censtiuchon activities,or indirect effects such as
growth inducement,that may affect federally listed threatened,endangered,or candidate
species that are known,or have a potential to occur in the Project site,in the surrounding areas,
or in the service area,and to identify applicable conservation measures to reduce such effects.
Fcucu Mu ,1. I maws Homo,vecu„rt wrc.w
w w..�.asvunxw.Gaeu I M.iwb+.++.rq.ew m susmmo,c.esex-o�m I�xr�pe�u.c.sa
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In addition,CWSRF projects must comply with federal laws pertaining to cultural resources,
specifically Section 106 of the National Historic Presemlion Act(Section 106). The State
Water Board has responsibility for ensuing compliance with Section 106 and the State Water
Board must consult directly with the California State Historic Preservation Officer(SHPO).
SHPO consultation is initiated when sufficient information is provided by the CWSRF applicant.
The Dis(.ct must retain a consultant that meats the Secretary of the Interiors Professional
Qualifications Standards(htto://www.nps.gov/histurvtlocel-law/arch sands 9.hlm)to prepare a
Section 106 compliance report.
Note that the District will need to identify the Area of Potential Effects(APE).including
construction and staging areas,and the depth of any excavation. The APE is three-dimensional
and includes all areas that may be affected by the Project. The APE includes the surface area
and extends below ground to the depth of any Project excavations. The wards search request
should extend to a%-mile beyond project APE. The appropriate area varies for different
projects but should be drawn large enough to provide information on what types of sites may
exist In the mcinity.
Other federal environmental requirements pertinent to the Projed under the CWSRF Program
include the following(for a complete list of all environmental requirements please visit:
htlp:/Avww.walerbcards.ca.aov/water issues/proarems/Umnts loans/srf/dots/fanns/application
environmental uackaae.pdH:
A. Compliance with the Federal Clean Air Ad:(a)Provide air quality studies that may have
been done for(he Project;and(b)if the Project is in a nonatlainment area or attainment
area subject to a maintenance plan;(1)provide a summary of the estimated emissions
(in tons per year)that are expected from both the construction and operation of the
Project for each federal criteria pollutant in a rronattainmend or maintenance area,and
indicate if the nonattainment designation is moderate,serious,or severe(if applicable);
(ii)if emissions are above the federal tie minimis levels, but the Project is sized to meet
only the needs of wren)population projections that are used in the approved State
Implementation Plan for air quality,quantitatively indicate how the proposed capacity
increase was celwlaled using population projections.
B. Compliance with the Coastal Zone Management Act:Identify whether the Projed is
within a coastal zone and the status of any coordination with the California Coastal
Commission.
C. Protection of Wetlands: Identify any portion of the proposed Project area that should be
evaluated for wetlands or United States waters delineation by the United States Army
Corps of Engineers(USAGE),or requires a pennit from the USACE,and identify the
status of coordination with the USACE.
D. Compliance with the Farmland Projection Policy Act:Identify whether the Projed will
result in the conversion of farmland.Stale the status of farmland(Prime,Unique,or
Local Statewide Importance)in the Project area and determine it this area is under a
Williamson Act Contract.
E. Compliance with the Migratory Bind Treaty Act: List any birds protected under this act
that may be impacted by the Project and identify curisam ion measures to minimize
impacts.
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F. Compliance with the Flood Plain Management Act:Identity whether or not me Project is
in a Flood Management Zone and include a copy of the Fedeml Emergency
Management Agency flood zone maps for the area.
G. Compliance with the Wild and Scenic Rivers Act:Identify whether or not any Wild and
Scenic Rivers would be potentially impacted by the Project and include conservation
measures to minimize such impacts.
Following are specific comments on the District's draft IS/MND:
1.On page 27 the response for 4.3.a begins by stating that there will be no impact in
regards to conflicting with or obstructing the implementation of an air quality plan.However,
the response ends by stating that there will be a less than significant impact.The same thing
happens on page 48 in section 4.12.b regarding excessive groundbome vibrations or
groundbome noise levels.Please ensure that impact levels are consistent through all
responses.
2. In section 4.5.a,on pages 31-32,it is stated that there will be no impact on cultural
resources in the area.Please elaborate on why the project will not affect the fifteen cultural
resources recorded within a hall mile of the project.
3. In section 4.8.d on page 40 it is staled that the"proposed project is not anticipated to
create a significant hazard to the public or the environment."However,it is also stated that
the impact will be less than significant with mitigation.These two statements seem
contradictory.Please elaborate on either how mitigation measures will lead to reducing any
significant hazards to the public and the environment or on how the pmject will not create
the above mentioned hazards.
4.On page 50 in section 4.14 it is stated that them will be no impact to public services,
including fire protection and police protection.Additionally fl asks that the response to 4.16.e
be referred to.The response to 4.16.e states that there will be a less than signicent with
mitigation impact regarding inadequate emergency access. Please clarify in section 4.14 on
how fire protection and police protection will not be impacted if mitigation is needed to
ensure adequate emergency access.
5. For Transportation and Traffic mitigation measures TT-t through TT-7 please change all
mentions of YAI"to'shall'as CEGA Guidelines(Article 1,Section 15005)defines"shall"as
a mandatory element.For example,charge TT-1 to'Traffic control plans shall be prepared
by a qualified professional engineer as required prior to construction of the Project."
6.Page 52 slates that there are no mitigation measures for Transportation and Traffic.
However sections 4.16.a,4.16.e,and 4.16.f reference mitigation measures TT-1 through
TT-7 and on page 53 these mitigation measures are explained. Please fix the error on page
52 to say that mitigation measures will make project impacts less than sgnRcant.
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Please provide us with the following documents applicable to the proposed Project K seeking
CWSRF or other State Water Board funding:(1)one copy of the draft and final IS/MND,(2)the
resolution adopting the IS/MND and a Mitigation Monitoring and Reporting Program(MMRP)
making California Environmental Quality Act(CEOA)findings,(3)all comments received during
the review Period and the District's response to those comments,(4)the adopted MMRP,and
(5)the Notice of Determination filed with the Orange Clerk and the Governor's Office of
Planning and Research,State Clearinghouse. In addition,we would appreciate notices of any
hearings or meetings held regarding environmental review of any projects to be funded by the
State Water Board.
Thank you for your consideration of the CWSRF Program. Stale Water Board staff is more than
happy to discuss the CWSRF Program environmental requirements in more detail if you decide
to apply for CWSRF financing. If you have any questions or cencems about the State Water
Board CWSRF Program environmental review process or the information provided in this letter,
please feel free to contact me at(916)341-5855,or by email at
Ahmad.Kashko1it5twaterboards.ca.00v,or contact Amanda Dwyer at(916)341-5739 or by email
at Amanda.DwverAwaterboards.csi
Sincerely,
Ahmed Kashkoli
Senior Environmental Scientist
Enclosures(3)
1.Clean Water State Revolving Fund Environmental Review Requirements
2.Quick Reference Guide to CEQA Requirements for State Revolving Fund Loans
3.Basic Crilena for Cultural Resources Report
co: Stale Clearinghouse
(Re:SCH#2014121054)
P.O.Box 3044
Sacramento,CA 95812-3044
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........... .. ... "MI
For Section 106 Consultation with the State Historic Preservation Officer (SHPO)
under the National Historic Preservation Act
CULTURAL RESOURCES REPORr RECORDS SEARCH
TheCuhuml Re wu Aeponmuslbepreparedbya • Aremrds search(less than oneyear old)extendingtoahaA-
qualified researcher that meets the Secretary ofthe interiors mile beyond the project APE from a geographically appropriate
Professionalflualifications Standads. Pleaseseethe Information(emer is required.The records search should
Professional Qualifications Standards at the followingwebsue include maps that show all recorded sues and surveys in
at:hffpl/ww ornps.goslocol-low/arch_smds_9.htm relation to the APE for the proposed project,and copies ofthe
The Cultural Resources Report should include one afthe confidential she records induced as an appendix to theCultural
four'fndingslisted in Section 106.These include: Rewurces Report
'NohktorkproperNesaffested' • The APE is three-dimensional(depth,length and width)and
(no properties are within the area of potential all areas(e.g.,new construction,easements,staging areas,and
effect(APE,including below the ground). access roads)directly affected by the proposed project
'No effect to historitpropertief
(properties may be nearthe APE,but the -
protect will not have any adverse effects).
'No adverce effect tohistoricproperties' _
(the project may affect'historic properties',
but the effects will not be adverse).
AoWm effect to historkproperties'
Note:Consultation with the SHPO will be required If
'no adverse effect to hi stoic properteoran'adverse i
effect to historic propernef determination is made,
to develop and evaluate alternatives or modifications }�
to the proposed project that could avoid,minimizes .< \7
mitigate adverse effects on'histocc properties'
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Mi
NATIVE AMERICAN
and INTERESTED PARTY CONSULTATION PRECAUTIONS
• Native American and interested party consultadon should Afinding of"no known resources"without supporting
be initiated at the planning phase of the proposed project evidence is macceptable.The Cultural Resources Report
to gather information to assist with the preparation of an must ident'dy resources within the APE or demonstrate
adegoete Cultural Resources Report with sufficient evidence that none are present.
• The Native American Heritage Commission(NAHQ must be "Meareaissenshive for budedarchreologrical
contacted to obtain documentation of a search of the Sacred reurrumWfallowed by a statement that monitoringh
Lands Files for or near the project APE. recommended."Monitoring is not an acceptable option
without goad-faith effort to demonstrate that no known
All local Nathre American tribal organizations or individuals resource is present
identified by the NAHC must be contacted bycerdled mail, If"theamhr already disturbed hyprevious
and the letter should include a map and a description of the cons(ruction"dommentation is still required to demonstrate
proposed project that the proposed project will not aflect'historic properties'
• Follow-up comact should be made by telephone and a phone An existing road can be protecting a buried archaeological
log maintained to document the contacts and responses. deposit or may itself be a"historic property"Additlonally,
previous construction may have impacted an archaeological
• Letters of inquiry seeking historical information on the site that has not been previously documented.
project area and local vicinity should be sent to local historical SHPO CONSULTATION LETTER
societies,preservation organizations,or individual members
of the public with a demonstrated interest in the proposed Ssearchrwt a itconsulultian letter preparedrt to thehe Stated
project researcher with the Cultural Resources Aepon[othe Slate Water
Resources Control Board.A draft consultation letter template is
Copies of all documents mentioned above(project available for download on the State Water Board webpageat:
description,map,phone log and letters sent to the http✓/www.waterbaards.ca.gov/u fer.-oues/pmgmmV
NAH(and Native American tribal organizations gmnh_loanskwsrf reguiremmts.sibi
or individuals and interested parties)must be
included in the Cultural Resources Report. it
1�1
(onmalnlonnarlon:For more Information related to the(WSRF Program µ��
Cultural Resomces and Requlrmems,pleawountad MrAnmad Nashkokat :ex,aexmt. '4ma
916-341-5855 or Ahmad omhkoliwxaledoards mgov aerhwNm.gou-
G6
REVOLVINGCLEAN WATER STATE k
• • • ' ' - •
StateWater Resources Control Board
The$tdteAhatef Resources(onrial Board LEADAGENCY h
ii of Financial Assistance
(StateWater Board),Division ofRnancial Theapoicatir"usually the Lead Agencyand
Assistance,administers the(leap must prepare anddoulate an environmental REQUIRED DOCUMENTS
Water State Revolving Fund(CWSRF) document before approving a projm.Only Be Environmental Review Unit requirathe
a public agency,such as a local,regiohulor documents listed below to make findings and
Program.The(WSRF Program is partially 'am government may be the'Lead Agency' complete itsnhnronhnenfal roam Once the
funded by grantsfiom the United States andn(EUA.lfapmleovnllbecmmplemi SialeWitaBoard werwall the required
EndropmentalPmtectican Agency. All reandowarmemal organizabon,Lead Agency documents;and mates its cram findings,the
responsibility goes to the first public agency enNronmennl review handle project Wit be
applica his Seeding CWSRF financing providing discretionary approval for theprojnt complee.
must comply with the(al'dom/ia�� RESPONSIBLE AGENCY ✓Daft and Foal Environmental Documents
Environmental Quality Act j(E(I anderi Environmental Impact Aepon,Negative
tY 'RespoTheStareWelnBwrdhgerCEGA
provide Slllh[Iem lnfnnlllddm 5o that 'Aepan9DeAgenry'undn(EM.Asa DHldmipll,dhd Mitigated Negative Della
the State Water Board ran document 'AnponsibleAgenry;the State Water Brad mUon as appropriate to the project
draft mdw findings based on in Formation ✓NndNionadaptinghenifyingtheeW=-
complidncewithfederalemimnmenWl provided by the Lead Agency'before funding mortal document making QOAfinding,
laws The°Environmental Wage apuden. ands roan the
PP 9 poles
provides the forms andinmumons ENVIRONMENTAL REVIEW ✓All mmmems waved during the pri
pleaded to complete the environmental The Some Water Buds environmental review renew period anofthe'Lead Amni
review requi ramparts;for(WSAF Program of the project's temple ncewatch both(EEA reponsamthosecomments
and federal cross-tuning regularionsmuathe ✓
financing. It is available at Adopted MilgationMwimring and
completed
eOWSRF Prograefore m
projen(an be financed by Returning Pan,Iapplinible
httpl/wwwwaferhaardxm.gav/ the(wSAF Program.
water issuClrpmgrams/glmts_ ✓Date-stamped copy of the Notice of
loans/sA/sz/ torms.shtml DOCUMENTREVIEW Determination or Notice of Exemption filed
Applicants are mcwraged to consult with with the county GAB)and the GoveniWs
State Water Board staff early during preps" Office ofPlanning and Research
of(EOAdocument Aronsidermg CWSAF
fi nano mg.Appl Ica ors shall also send their ✓CWSPFEralwtianF row Environmental
// � ` environmental doeumeni5rothe5pNWattt III and Federal coordination with
�� BaaN,Environmental AeviewUntdudn9 supporting documents
the(EGA public review pergd ThBway,wry
environmental mncems can beaddreaed early
Wave got the Swan-. in the process.
tokeepC 41fornia'swabrdaan.
(mmcrichammron:For more information related to The CWSBF Program environmental • 1
review process and requirements,please(man your Some Water Board Protect Manager \� WalaP I
or Mr Ahmad kaehkalia1916 341-5855 or Ahmad.Nashkoliewyeaboards[agov
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Orange County Sanitation District
Smm IOBa4 Dim Pvenue.Fountain Valley,CA 9V08
114.96Z2z• www.acsere�smm
February 3,2015
Fulanan Mr,Ahmed Kashkoli
State Water Resources Control Board
100 1 St.
Sacramento,CA 95812
Le _ Re: Response to Comment Letter Dated January 5,2015
Project Name:yorba Linda Pump Station Abandonment Project
Dear Mr.Kashkoli,
Pa._ The Orange County San Cation District(Sa n itation District)appreciates the comments
provided by the State Water Resources Control Board in your letter dated January 5,2015
regardingthe yorba Linda Pump Station Abandonment Project.The letter identifies one
seal aeain primary area of interest,as summarized below in italics,immediately followed by the
Sanitation District's response.
Pan, We understand that the District is notpursuirg Clean Water State Revolving Fund
(CWSRF)frnancingfor this project.Since the Project may be eligible forCWSRF
financing,the environmental reviewrequirements of the CWSRF Program,should
cnata M. the District decide topursue COSRF financing in thefiture.
- The Sanitation District is not planningto apply for CWSRF financing at this time.
• One page27 the responsefor43a begins by stating that there will be no impact in
.roa Una, regards to ronflictirg with or obstmcting the implementation of an air quality plan.
However,the response ends by stating that there will be a less than significant
impact The same thing happens on page 48 in section 412.b regarding excessive
groundborne vibrations or groundborne noise levels.Please ensure that impact
levels are consistent through oil responses.
Sections 4.1a and 4.12.1b have been revised so that the discussion of impact levels
are consistent.
to protect publlc Health antl the arvvanmant by prowding
er rva W. Mwater C.haatlan,neatmML antl B,Ifng
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• In section A5.0,on pages31-32,It.bstoted thattherewill be no Impact on cukurol
resources In the area. Please elaborate on Why the protect will not affect the fifteen
cultural resources recorded within a holfmlie of the project.
SMI on 4.5.a has been revised to include the MI local ngtM:"None of these
resources Waal be affected by the proposed Project because they do not occur
within the construction footprint"
• In section".it on page 40lt Is Voted that the"proposed project is not anticipated
to create a significant hazard to the public orthe environment.`However, it Is also
state that the impact win be less than significant with mitigation, There two
statern ants seem controdictary,Please elaborate on ekher how mitigation measures
will-lead to reducing any significant hazards to the pubhc and the environment w
how the project will act create the above mentioned hazards.
Section 4 6 d has been revised to state that Impacts W111 be"Less Than Slgnlficant"
Addlt tonally,this section has been revised to Include the followingtext;"Nthough
there are two sites that are listed In the L115T and Cortese databases,the proposed
Pmject is not anticipated to create a significant hazard to the public or the
enyironm ent because none of these sites are located Within the cahstruaton
footprine,
• an page 30 in section 4.14 it)"died that there will be no impact to public services,
mcldding Pre protection and police protection, add¢lon,1661tasksthottheresponse
to 4,16.6 be referred to. The response to 4.16.estates that there White a ens,than
significant impact with mitigation impact regarding inadequate emergency access,
Please clorifycectlon 4.14 on how fire protection and policepratection will not be
Impacted if mitigation Is needed to ensure adequate emergency access,
Secion 414 has been revised to st ate that In pacts wl11 be"Less The n Significant
with Mitigation," This change has also been made on page 211n the CEQA.Checklist
for fire and police protection,Additionally, section 4.14 has been revised to Induce
the followingtextr."Adequate emergency access w111 be maintained throughout the
duration of the project construction. Although,the proposed Pmject could cause
traffic delays in the project area,which could delay emergency services,the
Implementatlon of Tmnspehat Ion/Trafflc mitigation measures(TT 1-T)would
ensure that any potential Impacts to emergency access would be less than
significant. Therefore,with the implementation of mitigation measures,the
proposed Project Is not aM cipMed to result in a significant edverse impact related
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to emergecyaccess. Refer to Response 4.16 for Transportatlon/Traffic mitigation
measures."
• For Transportation and Tmfflc mitigation measures TTd through TT-]please change
aft m encons of"will"to"shall'as(FOA Guidelines(Article 1,Section 15005)defines
•sh ,V as a mandatory element,For example,.change TT-1 to"Tri control plans
shall be prepared by a qualiped professional engineer as required prior to
construction of the PmjeM."
Mitigation measures TT-1 through TT-]have been revised to replace all mentlonsof
"will"with"shall,"
• page 52 states that there are no mitigation measureafor Transportation and Troffm
However,sections 416.ry 4,16.a.and 4.16 f raference mitigation measures TT-1
through TT-7 and on page 53 them mitigation measures are explained.Please fix the
er aron page 52 to say that mitigation measures will make the project impacts less
thansigMfkant,
Section 416,e hat been revised to include the follaWingted:"Therefore, with the
implementation of in itigation in eesures,the proposal Project Is not anticipated to
result in a significant adverse im pact related to emergency access" Additionally,
the text after the Mitigation Measures heading on page 53 has been revised to
Include the following "The following avoidance and minim lzation measures will
reduce potential impacts related to tanspartation)traffic during construction of the
project."
We appreciate your Input on the Project and are available to discuss this or any of other
issues you may have. If you have any questions, please contact roe at 714-593-7119,Thank
you far your assistance.
Sincerely,
palsy Cuverrubias,Senior Staff Analyst
Orange County Sanitation District
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aywn r-m...Q
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
33471611 11 DRIVE,SURE IN
IRVINE.CA 92612-11W
PHONE (90)7N-2000 PM�ov.pm+rr.'
PAX (949)7242019 aeewa.eXiNae
M 711
w .&tea.aw
Jan. 16,2014
Daisy Covar'rubias
Orange County Sanitation District File:IGR/CEQA
10844 Ellis Boulevard SCHA:2014121054
Fountain Vallcy,CA 92708 IGR Log p:4157
SR-57
Dear Ms.Covarrubias,
Thank you for the opportunity to review and comment on the Initial Study/Mftigated Negative
Declaration for the Yorba Linda Pump Station Abandonment Project The Sanitation
District is proposing to demolish the existing Yorba Linda Pump Station,as;well as an existing
below ground force main and two gravity sewer lines located in the City of Fullerton.The
existing pump station facility and gravity sewer lines are located at the corer of Yorba Linda
Boulevard and Campus Drive(Associated Road)and north of California State University,
Fullerton.The force main is located along Yorba Linda Boulevard,on private property(Tribeca
Apartments),and Palm Drive.Under the current schedule,construction is anticipated to occur
between July 2019 and July 2022. The nearest State Route to the project site is SR-57.
Caltrans Is a commenting agency on this project and has the following comments:
I. If the cost of work within die State R/W is below one Million Dollars the Encroachment
Permit process will be handled by Caltnre Permits Branch,otherwise the permit should
be authorized through Caltmos Project Development.
2. Allow 2 to 4 weeks for a complete submittal to be reviewed and for a permit to be issued.
When applying for Encroachment Permit,please incorporate Environmental
Documentation,SWPPP/WPCP,Hydraulic Calculation,Traffic Control Plans,
Geutechnical Analysis, Materials specifications,and all relevant design details including
design exception approvals. Maintenance Agreement shall be required between State and
the City.
3. If MWD's contractor has not been exempt from permit fees in the Cooperative
Agreement,a deposit of$820 will be needed at the time of Double Permit Application
submittal.
4. For specific details on Cahran Enmachment Permits procedure,please refer to Calmms
Encroachment Permits Manual.The latest edition of the Manual is available on the web
site:httv://www.dot.ca.gov/ha/traffwVAmigRIpUL/permi
C.I. „oN —Cn6j b'
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5. A Traffic Management Plan(TMP)for construction vehicles should be submitted to
Caltrans in order to minimize the impacts to State highway facilities.Coordination of
this project with other construction activities on SR-57 may be needed.Any hauling
of materials should not occur during AM and P.M peak periods of travel on State
facilities during demolition and/or construction of the proposed project All vehicle
loads should be covered so that materials do not blow over or onto the Caltmns
Right-of-Way.
Please continue m keep us informed of this project and any future developments that
could potentially impact State transportation facilities. If you have any questions or need
to contact us,please do not hesitate to call Maryam Molavi at(949)724-2241.
Sincerely,
MAUREEN EL HARAKE
Branch Chief,Regional-Community-Transit Planning
District 12
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Orange County Sanitation District
10844 Bile kremre,fcurnain vaiiey.G19 08
Arsheirr 7149e2.2411• vrmvomexerscom
Brad
February 3,2015
Ms.Maureen El Harake,District12 Branch Chief
California Department of Transportation
Gaillin G.. 3347 Michelson Drive,Suite 100
Irvine,CA 92612
Re: Respo rise to Comment Letter Dated Ja n uary 162015
Le Hintal Project He me:yo rba Linda Pump Station Abe ndon ment
Dear Ms.El Ham ke,
N.Vart Beach
The Orange County San Ration District(Sa n Ration District)appreciates the comments
lan - provided by the Cal"dorn is Depa rtment of Tm nsportation in your letter dated Janus ry 16,
Pla.m- 2015 rega rd ing the Vorba Linda Pump Station Rehabilitation Project.
�ina Am
The letter identifies several areas of concern,as summarized below in Italics,immediately
followed by the Sanitation District's response.
Cammentl
• If the cast of work within the State R/W is below one Million Dollars the
Encroachment Permit process will be handled by Cakroms Permits Branch,otherwise
cleta Metal the permit should be authorized through Calbrans Project Development.
Comment noted.
Sainarry District
Comment 2
VMW Deride • Allow 2 to 4 weeksfora complete submittal to be reviewed andfor a permit to be
Wait,DeRra issued. When opplyingfor an Encroachment Permit,please incorporate
Environmental Documentation,SWPPP, WPCP,Hydraulic Calmlotions, Traffic
Control Plans,Geotechnica/Analysis,Materials specifications,and all relevant design
details including design exception approvals.MaintenanmAgreement shall be
required between State and the City.
a
Comment noted
to prateet Public health and the environment by providing
elle nwe wastewater collection,treatment,and recycling.
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Commeni
• If MWO's contractor has not been a amptfrom Darmitfees in the Cooperative
Agreement adepositof$820 will heneededat the time of Oeuble permit
Application submittal.
Com ment noted.
Comment6
• Por specific details on :afmns Encroachment PermitsDrocedurg please refer to
Coltrane Encroachment Permits Manual The latest edition ofthe Manual is available
on the web site:http://www,,act.ca,gov/hg/troffops/developserv/permits/
The Capra ns Eneroaehm ant Perch its Manual Will be referenced when applying for
the Envoachm am Permit.
Comments
• A Traffic Management Plan(7MP)for construction vehicles should be submitted to
COR none in or to minimke the Impacts to stare highway focili Coordination of
this project with other construction activities on SR-S7 may be needed.Any hauling
ofmoterials should not occur during A.M,and P.M,peak periods of travel on State
facilities during demolition and/or construction of the proposed project. Allvehkle
loadsshould heaavered so that noterWsdo not blow over onto the ColiRght-
of-Y dy
As described In seaian 4.1g Tmfflc/Trensponatlon M itigatien Measures T l-M,a
Traffic Management Plan will be prepared for the project.Poona construction,the
Traffic Management Plan Will be submittedto Caltrans. No hauling of roaterlgls Will
occur during A.M. or P.M,peak periods of travel on State fadlltles. The contractor
shall cover Veilde loads cont airing materiels that could blow over or onto Caltrans'
right-of-way during transport.
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In summary, we appred ate the comments provided by the Ca Ofcrnla Department of
Transportation,trust that this letter fully responds to them,and are available to discuss any
oft hese Issues furthe. If you have any questians,please contact meat 714-593-7119.
Thank you for your a%I stance
Sincerely,
Daisy Covarrublas,Senior Staff Malyst
Orange County SaNtati on District
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OPERATIONS & ADMINISTRATION COMMITTEE Neeting oate TO BA.1 W.
03/04&3/11 03/26/15
AGENDA REPORT Item Number Item Nu bar
3 13
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance &Administrative Services
SUBJECT: Proposed Ordinance No. OCSD-47, Amending Ordinance No. OCSD-44
Establishing Requirements and Procedures for the Purchase of Goods,
Services, and Public Works Projects.
GENERAL MANAGER'S RECOMMENDATION
Recommend to the Board of Directors to:
A. Introduce Ordinance No. OCSD-47, entitled "An Ordinance of the Board of
Directors of the Orange County Sanitation District, Establishing Requirements
and Procedures for the Purchase of Goods, Services, and Public Works Projects;
and Repealing Ordinance No. OCSD-44," and
B. Motion to read Ordinance No. OCSD-47 by title only and waive reading of said
entire Ordinance; and
C. Set April 22, 2015, as the date for the second reading and adoption of Ordinance
No. OCSD-47; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as required
by law.
SUMMARY
Ordinance No. OCSD-44 establishes the District's purchasing policies. After its
adoption in November 2013, various circumstances have arisen, which revealed the
need for additional clarification of procurement procedures and the addition of
processes to better streamline the District's procurement processes.
Proposed Ordinance No. OCSD-47 revises the District's purchasing policies to include
the following:
(1) Adds Master Contracts procedures for maintenance and repair services
estimated to cost less than or equal to $100,000
(2) Adds an exception from the formal request for proposal process for small
professional services contracts of$5,000 or less;
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(3) Adds Master Contracts procedures for Professional Services less than $100,000;
(4) Clarifies the procedures for handling price proposals for professional design
services contracts consistent with the District's compliance with the little Brooks
Act, Government Code section 4526;
(5) The Master Contracts procedures for professional design services was increased
from $100,000 to $200,000 and the maximum Master Contract amount increased
from $250,000 to $400,000. There was no change in the designation of authority
amounts, which establish when the General Manager may let a contract, versus
a Standing Committee and/or the Board of Directors.
(6) Adds an exception from the formal request for proposal process for small
professional design services contracts of$5,000 or less;
(7) Clarifies that construction projects costing $35,000 or less, or sewerage
maintenance or repair projects not subject to the formal Public Works bidding
procedures of Article 5 of the Ordinance, may be processed pursuant to the
provisions of Article 2 of the Ordinance applicable to the procurement of goods
and services;
(6) Incorporated the definitions into a separate Article within the Ordinance rather
than as an appendix;
(8) Makes clarifications to the definitions of "Interested Parties," "Professional
Services" and "Professional Design Services;"
(9) Conforms various internal references within the Ordinance for consistency; and
(10) Clarifies that the General Manager's authorization to approve and execute
amendments to chemical contracts, does not apply if the Contract unit price has
increased from the unit price approved by the Board, such that unit price
increases in chemical contracts require Board approval. Clarifies that the
General Manager is authorized to approve and execute amendments to chemical
contracts where the unit price is unchanged or decreases.
PRIOR COMMITTEE/BOARD ACTIONS
March 2015 - Operations Committee and Administration Committee both approved the
revised purchasing ordinance, Ordinance No. OCSD-47 entitled "An Ordinance of the
Board of Directors of the Orange County Sanitation District, Establishing Requirements
and Procedures for the Purchase of Goods, Services, and Public Works Projects; and
Repealing Ordinance No. OCSD-44," for first reading at the March 2015 Board meeting.
November 20, 2013 — Board of Directors adopted Ordinance No. OCSD-44.
October 23, 2013 — Board of Directors waived reading of the full text of Ordinance No.
OCSD-44, introduced it and read it a first time by title only, approved bringing it back for
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1050522.2
second reading and adoption at its November 2013 meeting, and directed the Clerk to
publish summaries as required by law.
October 2013 — Operations Committee and Administration Committee both approved
Ordinance No. OCSD44 entitled "Establishing Requirements and Procedures for the
Purchase of Goods, Services, and Public Works Projects" for first reading at the
October 2013 Board meeting.
December 2012 - Board of Directors adopted Resolution No. OCSD 12-17, A
Resolution of the Board of Directors of the Orange County Sanitation District Amending
Section 4.09 Request for Proposal Procedure of Resolution No. OCSD 07-04 to Expand
the Request for Proposal Procedure to Include the Purchase of Critical, Routine, or
Recurring Goods or Services and to Define Best Value.
June 2007 — Board of Directors adopted Resolution No. OCSD 07-13, A Resolution of
the Board of Directors of the Orange County Sanitation District Establishing Policy for
the Payment of Mandatory and Statutory Fees Greater than the Limits Established in
Resolution No. OCSD 07-04 and Future Updates to the Delegation of Authority.
February 2007 — Board of Directors adopted Resolution No. OCSD 07-04 Establishing
Policies and Procedures for: The Award of Purchase Orders and Contracts; Public
Works Project Contracts; Professional Services Contracts; And Delegation of Authority
to Implement Said Policies and Procedures.
ADDITIONAL INFORMATION
During the Administration Committee meeting, staff was asked to provide additional
information regarding the District's purchasing controls. The following is a list of a few of
questions and responses.
How do we ensure that all purchases for goods or services (not subject to
exception) are completed through the competitively sealed bid process?
The requesting department submits an electronic requisition which requires multiple
managerial approvals. The requisition is reviewed by the Purchasing Division, an
independent division, in accordance with Board and CA procurement policies and
processes. The solicitation results are submitted to the appropriate Committees and
Board for approval over $100K. The Contracts & Purchasing Manager provides a final
review to ensure the procurement has been dispositioned and correctly matched the
final approval authority appropriately.
How do we ensure that all professional service agreements are awarded to the
most qualified bidder at a fair and reasonable cost?
Same as above. In this case, a standard governmental Request For Proposal (RFP)
process is utilized for professional services. Proposals are evaluated for overall best
value, along with the reasonableness of cost.
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How do we ensure that all Professional Design Services greater than $200,000 are
awarded based on the Competitive Sealed Proposal process?
Utilizing a different type of governmental RFP process, Contracts Administration
(independent of the Engineering Department) conducts the process, adhering to District
process and procedure including California state law (Little Brooks Act). The Contracts
& Purchasing Manager provides the final review to ensure the expenditure has been
dispositioned appropriately.
How do we ensure that all Public Works Projects in excess of $35,000 are
following the Design-Bid-Build process?
All projects over $5K are submitted for dispositioning at the District's Project
Clearinghouse to which details of the project are submitted. At that time, the Contracts
& Purchasing Manager will disposition the project to ensure it follows the appropriate
public works laws. The project is then forwarded to the Contracts Administration Team
and they apply State law procedures independent of the requesting department
(Engineering). The Contracts & Purchasing Manager provides the final review to
ensure the expenditure has been dispositioned appropriately. The contract is
forwarded to the appropriate Committee and Board of Directors for final approval.
How do we ensure that the delegation of authority to award contracts is being
followed?
All procurement requests (requisitions) come through the Purchasing Division 230 (an
independent division) whereas the appropriate processes are initiated including
ensuring the requested expenditure is submitted for the appropriate final approval
(General Manager, Committee, and Board). The Contracts & Purchasing Manager
provides the review to ensure the expenditure has been dispositioned appropriately.
Summary of Changes
1. Master Contracts.
Article 4 of Ordinance No. OCSD-44 requires that professional design services
less than or equal to $100,000 be processed pursuant to a Master Contract process
where five or more firms are prequalified to propose on task orders during the
prosecution or implementation of a District project, from design through bidding and
construction management. The Master Contract with each prequalified firm does not
exceed $250,000 per year, and work on a project is let through task orders that do not
exceed $100,000 based on competitive proposals from the prequalified firms. The
Master Contract not to exceed amount is increasing to $400,000 and task order
amounts are increasing to $200,000.
Additionally, District staff has determined that the Master Contract
prequalification process would be useful in the procurement of Maintenance and Repair
services, and Professional Services such as financial or Information Technology
services, because the prequalified firms will have complied with the District's contracting
requirements for the year in question, including the filing of insurance certificates,
compliance safety ratings, amongst other requirements. Additionally, the District has
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encountered a few instances when repair services were required to be procured on an
expedited basis because of the District's aging buildings and infrastructure. A Master
Contract procedure provides a process for expediting smaller repair projects by letting a
contract through task order bids from the prequalified firms. Thus, the proposed
Ordinance authorizes the Master Contracts procedure for Maintenance and Repair
projects of up to $200,000 and for Professional Services of up to $100,000.
2. Exceptions for Professional Services contracts of$5,000 or less.
The revisions by the proposed Ordinance adds an exception to the formal
request for proposals procedures for small projects costing $5,000 or less. These small
contracts are more efficiently let by informal price quotes from a list of qualified service
providers.
3. Clarification of little Brooks Act procedures for Professional Design Services
contracts.
Government Code section 4526 requires that contracts for professional design
services be let to the highest ranked firm based on qualifications, not price. Although
the courts have indicated that price may be considered in the procurement process,
price may not be the predominant basis for letting these contracts. Professional design
services include architectural, engineering, and construction project management
services. Consequently, the District's process for procuring these services include a
requirement for prospective firms to submit their price proposals in a separate sealed
envelope, which are not opened until the highest qualified firm has been identified. If
the District is not able to negotiate a contract with the highest qualified firm based on a
reasonable fee, negotiations with the highest qualified firm stop. The price proposal of
the second highest qualified firm is opened and negotiations with that firm commence.
The process continues until a successful contract is negotiated.
The proposed Ordinance clarifies the foregoing procedures that are employed by
the District for Professional Design Services contracts.
4. Exceptions for Professional Design Services contracts of$5,000 or less.
The revisions by the proposed Ordinance adds an exception to the formal
request for proposals procedures for small projects costing $5,000 or less.
5. Clarification Regarding Projects Exempt from Formal Public Bidding.
Under State Law, construction projects costing $35,000 or less, or sewerage
maintenance or repair projects are not subject to the formal Public Works bidding
procedures of Article 5 of the Ordinance. The proposed Ordinance clarifies that these
projects exempt from formal public bidding must still be processed pursuant to the
provisions of the Ordinance in Article 2 applicable to the procurement of goods and
services, which still require some form of competitive bidding.
6. Definitions.
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(a) The proposed Ordinance incorporates the definitions into a separate
Article within the ordinance rather than as an appendix.
(b) In addition, the proposed Ordinance adds clarification to the definition of
"Interested Parties" during the solicitation stage versus the award stage, and
"Professional Services" and "Professional Design Services" based on the statutory
definitions in the little Brooks Act.
The revisions to Ordinance No. OCSD44 are shown in redlines with the attached
proposed Ordinance No. OCSD-47.
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
Ordinance No. OCSD-47 does not affect the District's budget and reestablishes the
Purchasing Ordinance compliance for procurement of goods, services and public works
contracts.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
• Proposed Ordinance No. OCSD47
• Ordinance No. OCSD44 (redlined)
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1050522.2
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ORDINANCE NO. OCSD-47
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE ORANGE COUNTY SANITATION DISTRICT
ESTABLISHING REQUIREMENTS AND PROCEDURES
FOR THE PURCHASE OF GOODS, SERVICES, AND
PUBLIC WORKS PROJECTS; AND REPEALING
ORDINANCE NO. OCSD-44
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CONTENTS
Article 1. General Provisions .......................................................................................5
Section 1.01. Purpose and Scope .......................................................................5
A. Purpose...........................................................................................5
B. Scope..............................................................................................5
Section1.02. Title................................................................................................5
Section 1.03. Definitions......................................................................................5
Section 1.04. Rules and Guidelines..................................................................... 5
Section 1.05. Budgeted Funds ............................................................................6
Section 1.06. The Purchasing Manager ..............................................................6
A. Duties..............................................................................................6
B. Requests for Procurement. .............................................................6
Section 1.07. Exceptions to Competitive Selection..............................................6
A. Sole Source Procurement. ..............................................................6
B. Emergency Procurement. ...............................................................6
Section 1.08. Evaluation Committees..................................................................7
Section 1.09. Severability....................................................................................7
Article 2. Goods and Services .....................................................................................7
Section 2.01. Purpose and Scope.......................................................................7
A. Purpose...........................................................................................7
B. Scope..............................................................................................7
Section 2.02. Selection Process..........................................................................8
A. Competitive Sealed Bids.................................................................8
B. Award..............................................................................................8
C. Equal Bids.......................................................................................8
Section 2.03. Exceptions.....................................................................................8
A. Small Procurements........................................................................8
B. Cooperative Purchases...................................................................9
C. Multi-Step Sealed Bidding...............................................................9
D. Competitive Sealed Proposals. .......................................................9
E. Critical Time-Sensitive Procurements. .......................................... 10
F. Renewals. ..................................................................................... 10
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G. Sole Source and Emergency Procurements. ................................ 10
H. Master Contracts; Maintenance and Repair Services Less
Than or Equal to $100,000............................................................ 10
Article 3. Professional Services................................................................................. 11
Section 3.01. Purpose and Scope..................................................................... 11
A. Purpose......................................................................................... 11
B. Scope............................................................................................ 11
Section 3.02. Selection Process........................................................................ 12
A. Request for Proposals................................................................... 12
B. Evaluation and Ranking of Proposals. .......................................... 12
C. Negotiation of Contract. ................................................................ 12
Section 3.03. Exceptions................................................................................... 12
A. Sole Source and Emergency Procurements. ................................ 12
B. Contractors Reporting to the Board............................................... 13
C. Procurements of$5,000 or less. ................................................... 13
D. Master Contracts; Professional Services Less Than or Equal
to $100,000. .................................................................................. 13
Article 4. Professional Design Services..................................................................... 13
Section 4.01. Purpose and Scope..................................................................... 13
A. Purpose......................................................................................... 13
B. Scope............................................................................................ 13
Section 4.02. Selection Process........................................................................ 13
A. Competitive Selection. .................................................................. 13
B. Professional Design Services Greater Than $200,000. ................ 13
C. Master Contracts; Professional Design Services Less Than
or Equal to $200,000..................................................................... 16
Section4.03. Exceptions................................................................................... 17
A. Sole Source and Emergency Procurements. ................................ 17
B. Continuation of Services. .............................................................. 17
C. Procurements of$5,000 or less. ................................................... 17
Article 5. Public Works Projects................................................................................. 18
Section 5.01. Purpose and Scope..................................................................... 18
A. Purpose......................................................................................... 18
B. Scope............................................................................................ 18
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Section 5.02. Selection Process........................................................................ 18
A. Design-Bid-Build. .......................................................................... 18
B. Design-Build..................................................................................20
C. Prequalification..............................................................................20
Section 5.03. Exceptions...................................................................................21
A. Emergencies and Calamities. .......................................................21
B. Specification of Brand or Trade Name. .........................................22
Article6. Protests ......................................................................................................22
Section 6.01. Solicitation Protests.....................................................................22
Section 6.02. Award Protests ............................................................................23
Section 6.03. Delay in Award.............................................................................23
Section 6.04. Remedies.....................................................................................23
Section 6.05. Public Documents........................................................................24
Article 7. Delegation of Authority to Award Contracts................................................24
Section 7.01. Award Authorization.....................................................................24
A. Delegation by General Manager. ..................................................24
B. Original Contracts and Contingencies...........................................25
C. Amendments and Change Orders.................................................25
Section 7.02. Task Orders.................................................................................25
Section 7.03. Time Extensions to Public Works Projects ..................................26
Article8. Ethics..........................................................................................................26
Section 8.01. Unlawful Consideration Prohibited...............................................26
Section 8.02. Conflicts of Interest......................................................................26
A. Compliance with the Political Reform Act......................................26
B. Compliance with Government Code § 1090..................................27
C. Requirements Applicable to Consultants. .....................................27
Article9. Definitions...................................................................................................27
Article10. Miscellaneous............................................................................................. 30
Section 10.01. Noncompliance................................................................... 30
Section 10.02. Effective Date..................................................................... 30
Section 10.03. Repeal of Ordinance No. OCSD-44. .................................. 30
Section 10.04. Certification and Publication............................................... 31
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NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District
does hereby ORDAIN:
Article 1. General Provisions
Section 1.01. Purpose and Scope
A. Purpose.
This Ordinance is intended to:
(1) Comply with certain provisions of state law requiring the District to adopt
written purchasing procedures;
(2) Ensure that the District complies with state law governing the award of
Contracts for Goods, Services, and Public Works Projects;
(3) Establish procedures to ensure that the District obtains quality goods
and competent services at the best price and/or the best value;
(4) Delegate certain spending authority to District employees in the interest
of efficient administration;
(5) Ensure that purchasing decisions are transparent for the public; and
(6) Ensure that Contracts are awarded through a process that is fair to
prospective Contractors and in the best interests of the District.
B. Scope.
This Ordinance governs the purchase of Goods, Services and the award of
Contracts for Public Works Projects.
Section 1.02. Title
This Ordinance may be referred to as the Districfs "Purchasing Ordinance."
Section 1.03. Definitions
As used throughout this Ordinance, the terms set forth in Article 9 shall have the
meanings as defined therein, unless the context in which they are used clearly
requires a different meaning, or a different definition is prescribed for a particular
Article or provision.
Section 1.04. Rules and Guidelines
The General Manager shall implement the requirements of this Ordinance
through policies, rules, and guidelines governing the purchase of Goods and
Services, and the award of Contracts for Public Works Projects.
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Section 1.05. Budgeted Funds
No Contract for the purchase of Goods, Services, or Public Works Projects shall
be awarded unless and until the General Manager identifies funds in the current
budget that are allocated to the purchase.
Section 1.06. The Purchasing Manager
A. Duties.
Consistent with the provisions of this Ordinance, the Purchasing Manager shall:
(1) Procure, or supervise the procurement of, all Goods, Services, and
Public Works Projects purchased by the District; and
(2) Supervise and control inventories of supplies and materials.
B. Requests for Procurement.
When a Department desires to procure Goods and/or Services, the Department
Director shall file a written Requisition, in advance, with the Purchasing Manager.
The Requisition shall describe the Goods and/or Services to be acquired.
Section 1.07. Exceptions to Competitive Selection
Depending on the nature of the Contract and/or the circumstances, certain
provisions of this Ordinance require that Contracts for Goods and/or Services be
awarded based on Competitive Sealed Bids or Competitive Sealed Proposals.
This Section 1.07 establishes certain general exceptions to competitive selection
requirements for the procurement of Goods and Services. The exceptions set
forth in this Section 1.07 do not apply to the award of Contracts for the
construction of Public Works Projects.
A. Sole Source Procurement.
Notwithstanding any other provision of this Ordinance, a Contract for Goods
and/or Services may be awarded based on Sole Source Procurement, without
soliciting bids or proposals as might otherwise be required, if the General
Manager or his designee determines in writing that it is in the best interest of the
District to award the Contract because the Goods and/or Services are (1) of a
unique nature based on their quality, durability, availability, fitness or
qualifications for a particular use; or (2) only available from one source.
B. Emergency Procurement.
Notwithstanding any other provision of this Ordinance, a Contract for Goods
and/or Services may be awarded through Negotiated Procurement, without
soliciting bids or proposals as might otherwise be required, if the General
Manager or his designee determines in writing that the District urgently needs the
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Goods and/or Services in order to respond effectively to an emergency. For
purposes of this Section 1.07, emergency procurements are those purchases
that are required to prevent immediate interruption or cessation of necessary
services or to safeguard life, property, or the public health and welfare. In
addition, emergency procurements as used in this Section also include critical
time sensitive purchases where time is of the essence, and the District does not
have sufficient time to solicit bids or proposals. For emergency procurements
greater than $100,000, the General Manager shall obtain the concurrence of the
Chair of the District's Board of Directors or, if the Chair is unavailable, the Vice
Chair, and such action shall be ratified by the Board of Directors at its next
regular meeting.
Section 1.08. Evaluation Committees
Evaluation committees convened in connection with procurements under this
Ordinance shall generally be composed of District employees. In exceptional
circumstances, however, the General Manager may appoint one or more persons
not employed by the District to an evaluation committee if the General Manager
determines that (1) evaluating proposals in connection with a particular
procurement requires specialized expertise not available among District
employees; (2) the procurement will impact another agency, and that agency
desires to place a representative on the evaluation committee; or (3) it is
otherwise in the District's interest to do so.
Section 1.09. Severability
If any provision of this Ordinance, or any application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect any other provision of
this Ordinance or application to any person or circumstance which can be given
effect without the invalid provision or application. The provisions of this
Ordinance are declared to be severable.
Article 2. Goods and Services
Section 2.01. Purpose and Scope
A. Purpose.
California Government Code Sections 54202 et seq. requires the District to adopt
written policies and procedures, including bidding requirements, governing the
purchase of Goods and Services. This Article is intended to comply with Section
54202.
B. Scope.
The provisions of this Article 2 apply to Contracts for the purchase of Goods and
Services other than Contracts for Professional Services (governed by Article 3),
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Professional Design Services (governed by Article 4), and Contracts for Public
Works Projects (governed by Article 5).
Section 2.02. Selection Process
A. Competitive Sealed Bids.
Subject to the exceptions set forth in Section 2.03, the award of Contracts for the
purchase of Goods and Services shall be based on Competitive Sealed Bids.
For each procurement, the Purchasing Manager shall:
(1) Publish a Notice Inviting Bids that contains (a) a description of the
Goods and/or Services required, (b) a description of the selection
process, (c) bidder's security requirement, if applicable, (d) performance
bond requirements, if applicable, and (a) such provisions, terms, and
conditions, consistent with this Ordinance, that the Purchasing Manager
determines are necessary, desirable, and/or advantageous to the
District;
(2) Open the bids publicly at the time and place designated in the Notice
Inviting Bids, and record the amount of each bid; and
(3) Determine whether the bids are responsive to the Notice Inviting Bids.
B. Award.
After the bids are opened, one of the following actions may be taken:
(1)Award the Contract to the lowest Responsive and Responsible Bidder;
(2) Reject any and all bids presented and/or re-advertise the bid; or
(3) Declare that the Goods and/or Services may be acquired at a lower cost
by negotiation in the open market and authorize the procurement in that
manner.
C. Equal Bids.
If two or more Responsible Bidders submit the same lowest bid, the District may,
in its discretion, accept either bid or a lower bid, if any, as may be obtained from
one of the bidders through negotiation.
Section 2.03. Exceptions
A. Small Procurements.
(1) Procurements of $5,000 or Less. Contracts subject to this Article 2 with an
estimated value of $5,000 or less may be awarded without Competitive
Sealed Bids if the Purchasing Manager determines that a Competitive Sealed
Bids process would not result in a lower overall cost to the District.
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(2) Procurements of $50,000 or Less. Contracts subject to this Article 2 with an
estimated value of $50,000 or less may be awarded by (a) soliciting at least
three bids from identified vendors, and (b) awarding the Contract to the lowest
Responsive and Responsible Bidder. If the Purchasing Manager cannot
obtain at least three bids, the Contract may be awarded to the lowest
Responsive and Responsible Bidder as long as the Purchasing Manager
determines that the bid amount is fair and reasonable.
(3) Piecemealing Prohibited. Procurements shall not be artificially divided into
different individual Contracts so as to keep each Contract amount below one
of the monetary thresholds set forth in this Part A.
B. Cooperative Purchases.
When another public agency or government purchasing cooperative organization
has awarded a Contract for Goods and/or Services based on Competitive Sealed
Bids or Competitive Sealed Proposals, and the agency or organization followed a
process substantially similar to the process described in Section 2.02, the District
may acquire Goods and/or Services under that Contract without obtaining
Competitive Sealed Bids or Competitive Sealed Proposals. The District may
enter into Contracts with other public agencies, government purchasing
cooperative organizations within the United States, and/or Contractors for this
purpose.
C. Multi-Step Sealed Bidding.
If the Purchasing Manager determines that it is impractical to initially prepare a
description to support an award based on price, a process involving multi-step
sealed bids may be utilized. The multi-step sealed bidding process involves (1)
issuing an Invitation for Bids requesting the submission of un-priced offers; and
(2) issuing a subsequent Invitation for Bids for priced offers from those vendors
whose initial un-priced offers were deemed qualified under the criteria set forth in
the initial Invitation for Bids. Award under this process shall be based on the
lowest Responsive and Responsible Bidder.
D. Competitive Sealed Proposals.
If the Purchasing Manager determines in writing that the Competitive Sealed Bids
procedure is not practical and/or not advantageous for the District in a particular
case, one or more Contracts subject to this Article may be awarded based on
Competitive Sealed Proposals. The Competitive Sealed Proposals process may
be used (1) for Goods and/or Services that prove difficult to quantify or describe,
where proposers are provided the opportunity to offer different approaches or
solutions; and/or (2)for critical, routine or recurring goods or services that require
consideration of the broadest possible range of competing services, products and
materials available, fitness of purpose, performance reliability, standardization,
life cycle costs, delivery timetables, reliable supply, support logistics,
diversification of available sources and/or other similar factors in addition to the
price in the award of these contracts. Award under this process shall be based
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upon criteria that provide the best value for the District, wherein best value is not
solely determined by price.
E. Critical Time-Sensitive Procurements.
The Purchasing Manager may purchase Goods and/or Services through
Negotiated Procurement if the Purchasing Manager determines in writing that
time is of the essence in the purchase of the Goods and/or Services. For critical
time-sensitive procurements valued at more than $100,000, the General
Manager shall obtain the concurrence of the Chair of the District's Board of
Directors or, if the Chair is unavailable, the Vice Chair.
F. Renewals.
The Purchasing Manager may exercise any options to renew as may be included
in existing Contracts without observing the bidding procedures prescribed in
Section 2.02.
G. Sole Source and Emergency Procurements.
A Contract for the purchase of Goods and/or Services may be awarded without
soliciting competitive bids if any of the exceptions set forth in Section 1.07 apply.
H. Master Contracts: Maintenance and Repair Services Less Than or Equal to
$100,000.
The Purchasing Manager may purchase maintenance and repair Services
estimated to cost less than or equal to $100,000 through the master contract
procedures set forth below.
(1) Request for Qualifications. If a master contract is let for maintenance and
repair Services, then at least once every 3 years, the Purchasing Manager
shall prepare and distribute a Request for Qualifications for the maintenance
and repair Services required by the District. Each Request for Qualifications
shall describe the selection criteria that will be used to determine whether
suppliers or firms are eligible for the prequalified list. The Request for
Qualifications shall require the following information, at a minimum, from
proposers:
(a) The firm's demonstrated competence and specialized expertise necessary
to perform the type of Service needed;
(b) The experience, training, and skills of the key personnel that will perform
and manage the work for the District;
(c) The firm's capacity and resources to perform the Services required within
the specified period of time. The firm must demonstrate that it will provide a
sufficient number of qualified staff, equipment, and facilities as applicable.
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(2) Evaluation Committee. The Purchasing Manager shall convene an evaluation
committee to evaluate the responses to each Request for Qualifications. The
Purchasing Manager shall chair the committee, and the Director of the
Department requesting the Procurement shall appoint the remaining
members. Each evaluation committee shall determine whether each supplier
or firm has the demonstrated competence and qualifications to provide the
Services necessary for the satisfactory performance of the Services required.
(3) Lists. Based on the recommendations of the evaluation committee, with the
concurrence of the Department Director, the Purchasing Manager shall
establish a list of at least 3 prequalified Contractors. Each list shall be used
for a maximum of 3 years. No later than 3 years after establishing a
prequalified list, the Purchasing Manager may issue a new Request for
Qualifications and establish a new list.
(4) Master Contract. Master Contracts with firms on the prequalified list shall be
awarded by the Board of Directors in the amount not to exceed the program
budget approved by the Board of Directors. The original term of such
Contracts shall be for 1 year, with an option to extend each Contract for up to
2 additional 1 year renewal periods.
(5)Task Orders. The Department Director shall notify the Purchasing Manager
when Services subject to this subsection 2.03(H) are required for a
maintenance or repair project. Proposals shall be solicited from all the firms
on the prequalified list and one of the firms shall be selected pursuant to the
process set forth in Section 2.02. Individual Task Orders in an amount not to
exceed $100,000 will be awarded for each project.
Article 3. Professional Services
Section 3.01. Purpose and Scope
A. Purpose.
This Article 3 is intended to ensure that the District retains Professional Services
at fair and reasonable prices based on demonstrated competence and the
professional qualifications necessary for the satisfactory performance of the
services required.
B. Scope.
The provisions of this Article 3 apply to the award of Contracts for Professional
Services and incidental services that members of a Professional Service fine,
and those in their employ, may logically perform. The provisions of this Article 3
do not apply to the award of Contracts for Professional Design Services
(governed by Article 4).
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Section 3.02. Selection Process
Contracts for Professional Services shall be awarded pursuant to the following
procedures:
A. Request for Proposals.
The Purchasing Manager shall prepare a Request for Proposals in consultation
with the Director of the Department requesting the Procurement. The Purchasing
Manager, with the concurrence of the Director of the Department requesting the
Procurement, may select a limited number of Professional Service firms to
receive the Request for Proposals. The Purchasing Manager may issue a
Request for Qualifications to prospective Contractors as a means of identifying
prospective recipients. The Purchasing Manager may publish notice of the
Request for Proposals or Request for Qualifications.
B. Evaluation and Ranking of Proposals.
All responsive proposals shall be evaluated and ranked, from most qualified to
least qualified, based on each firm's demonstrated competence and professional
qualifications necessary for the satisfactory performance of the services required.
The Purchasing Manager may establish a committee to conduct the evaluation.
The Purchasing Manager or evaluation committee, if any, may discuss each
proposal with its author to seek clarification or otherwise obtain relevant
information.
C. Negotiation of Contract.
The Purchasing Manager shall negotiate a Contract with the firm deemed to be
most qualified at a price that the Purchasing Manager, with the concurrence of
the Director of the Department requesting the Procurement, deems to be fair and
reasonable. If the Purchasing Manager determines that it is in the best interest
of the District to enter into Contracts with two or more firms, the Purchasing
Manager shall negotiate with the desired number of firms starting with the most
qualified. The Purchasing Manager shall proceed down the list from most to
least qualified until he or she has concluded negotiations with the desired
number of firms at fair and reasonable prices. The District may, in its sole
discretion, reject all proposals.
Section 3.03. Exceptions
A. Sole Source and Emergency Procurements.
A Contract for Professional Services may be awarded without soliciting
Competitive Sealed Proposals if the Purchasing Manager makes one of the
determinations set forth in Section 1.07.
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B. Contractors Reporting to the Board.
The provisions of this Article 3 shall not apply to the retention of Professional
Service firms or individuals that are selected by the Board and report directly to
the Board. For such Contracts, the Board shall determine the method of
selection, consistent with the requirements of applicable law.
C. Procurements of$5,000 or less.
Contracts subject to this Article 3 with an estimated value of $5,000 or less may
be awarded without following the Request for Proposal/Request for Qualifications
process if the Purchasing Manager determines that a RFP/RFQ process would
not result in a lower overall cost to the District.
D. Master Contracts: Professional Services Less Than or Equal to $100,000.
The Purchasing Manager may purchase Professional Services estimated to cost
less than or equal to $100,000 through the master contract procedures set forth
in Section 2.03(H), provided that individual task orders shall not exceed $100,000
for each project.
Article 4. Professional Design Services
Section 4.01. Purpose and Scope
A. Purpose.
This Article 4 is intended to ensure that the District retains Professional Design
Services at fair and reasonable prices based on demonstrated competence and
the professional qualifications necessary for the satisfactory performance of the
services required.
B. Scope.
This Article 4 applies to the selection of Contractors for Professional Design
Services.
Section 4.02. Selection Process
A. Competitive Selection.
All Professional Design Services estimated to be greater than $200,000 shall be
awarded based on Competitive Sealed Proposals. All Professional Design
Services with an estimated value of $200,000 or less shall have a separate
selection process based upon a master contract procedure whereby the District
shall solicit Competitive Sealed Proposals and award one or more master
contracts not to exceed $400,000 per year.
B. Professional Design Services Greater Than $200,000.
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The requirements set forth in this subsection 4.02(B) shall apply to the purchase
of Professional Design Services estimated to cost more than $200,000.
(1)Annual List. Each Director of a Department that utilizes Professional Design
Services shall file annually with the Purchasing Manager a list of specific
disciplines for which Professional Design Services may be required. The
Purchasing Manager may from time to time prepare and distribute a Request
for Qualifications for the professional disciplines or project design services
required by the District subject to this Part B. For each Request for
Qualifications issued, the Purchasing Manager shall evaluate the responses,
identify qualified firms, and maintain the responses of the qualified firms on
file to be used in the Request for Proposals process described below.
(2) Request for Proposals. The Purchasing Manager, in consultation with the
Director of Engineering, shall issue a Request for Proposals for the
Professional Design Services requested. Multiple projects may be bundled
into one Request for Proposals such that multiple Contract awards may result
from one Request for Proposals and selection may be based upon
specialized services.
(3) Content of Request for Proposals. Each Request for Proposals shall describe
the Professional Design Services required and the selection process. Each
Request for Proposals shall also set forth such provisions, terms, and
conditions, consistent with this Ordinance, that the Purchasing Manager, in
consultation with the Director of Engineering, determines are necessary,
desirable, and/or advantageous to the District. Each Request for Proposals
shall require that proposals contain, at a minimum, the following information:
(a)The firm's qualifications for performing the proposed work.
(b)The firm's relevant experience and performance on similar projects.
(c) The firm's ability to complete the work within the time allotted.
(d)The personnel that will be assigned to the project.
(a)The estimated number of hours that each member of the team will
spend on the project.
(f) A statement that the firm's engagement for the project would not create
a conflict of interest.
(g) Any other information required to properly evaluate the firm's
qualifications and experience with similar projects.
(h) Proposals for construction management services shall demonstrate
that the designated personnel have expertise and experience in
construction project design review and evaluation, construction
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mobilization and supervision, bid evaluation, project scheduling, cost-
benefit analysis, claims review and negotiation, and general
management and administration of a construction project.
(i) A fee proposal, based on the method of compensation specified in the
Request for Proposal, and an estimate of total fees, enclosed in a
separately sealed envelope. Commonly used methods of
compensation for Professional Design Service Contracts include (i)
cost plus fixed fee with a maximum amount; (ii) per diem rate(s) with a
maximum amount; (iii) a lump sum (fixed) fee; and (iv) cost of time and
materials.
(4) Publication of Request for Proposals. The District shall publicize each
Request for Proposals by two or more of the following methods:
(a)Advertising in print or electronic media; and/or
(b) Mailing the Request for Proposals to each Contractor who has
submitted a Statement of Qualifications; and/or
(c) Mailing the Request for Proposals to each vendor registered in the
applicable category, based on the services identified in the Request for
Proposals, in the District's on-line vendor database.
(5) Staff Evaluation Committee. The Purchasing Manager shall convene an
evaluation committee to evaluate the proposals.
(a) Management and Composition. The Purchasing Manager shall serve
as chair of the evaluation committee. The Director of Engineering shall
appoint the other members of the committee.
(b) Ranking of Firms. All proposals shall be evaluated and ranked, from
most qualified to least qualified, based on each firm's demonstrated
competence and professional qualifications necessary for the
satisfactory performance of the services required.
(c) Interviews. At its discretion, the evaluation committee may interview
one or more of the firms that have submitted proposals.
(d) Report. The evaluation committee shall prepare a written report for the
Purchasing Manager and the Director of Engineering setting forth, at a
minimum, the ranking of firms from most qualified to least qualified.
(6) Negotiations. The Purchasing Manager and the Director of Engineering
shall negotiate a Contract with the firm that the evaluation committee
deems to be most qualified. Fee proposals shall not be opened until the
highest ranked proposer is identified. Only the highest ranked
proposers fee proposal will be opened. If those negotiations fail, the
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Purchasing Manager shall negotiate with the second most qualified firm,
and so on, until an agreement is reached. The Purchasing Manager
shall proceed down the list from most to least qualified until he or she
has concluded negotiations with the desired number of firms at fair and
reasonable prices. The Director of Engineering shall make a written
determination that the negotiated fee is fair and reasonable. All
unopened price proposals will be returned to the firm that submitted it.
The District may, in its sole discretion, reject all proposals.
C. Master Contracts: Professional Design Services Less Than or Equal to
200 000.
The requirements set forth in this subsection 4.02(C) shall apply to the purchase
of Professional Design Services estimated to cost less than or equal to $200,000
for each individual project.
(1) Reguest for Qualifications. At least once every 3 years, the Purchasing
Manager shall prepare and distribute a Request for Qualifications for each
professional discipline or project design service required by the District
subject to this subsection. Each Request for Qualifications shall describe the
selection criteria that will be used to determine whether firms are eligible for
the prequalified list. The Request for Qualifications shall require the following
information, at a minimum, from proposers:
(a) The firm's demonstrated competence and specialized expertise necessary
to perform the type of services needed;
(b) The education, experience, training, and skills of the key personnel that will
perform and manage the work for the District;
(c) The firm's capacity and resources to deliver the services required within the
specified period of time, including but not limited to a sufficient number of
qualified staff, computer hardware, computer software, special equipment
and facilities as applicable; and
(d) The proximity of the firm's officals) to the District, the specific location of key
personnel, and the firm's experience and familiarity with the operation of
local government.
(2) Evaluation Committee. The Purchasing Manager shall convene an evaluation
committee to evaluate the responses to each Request for Qualifications. The
Purchasing Manager shall chair the committee, and the Director of
Engineering shall appoint the remaining members. Each evaluation
committee shall determine whether each firm has the demonstrated
competence and professional qualifications necessary for the satisfactory
performance of the services required.
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(3) Lists. Based on the recommendations of the evaluation committee, with the
concurrence of the Director of Engineering, the Purchasing Manager shall
establish a list of at least 5 prequalified Contractors within each discipline.
Each list shall be used for a maximum of 3 years. No later than 3 years after
establishing a prequalified list for each discipline, the Purchasing Manager
shall issue a new Request for Qualifications and establish a new list.
(4) Master Contract. Master Contracts with firms on the prequalified list shall be
awarded by the Board of Directors in an amount not to exceed $400,000 per
year. The original term of such Contracts shall be for 1 year, with an option to
extend each Contract for up to 2 additional 1 year renewal periods.
(5)Task Orders. The Director of Engineering shall notify the Purchasing
Manager when Professional Design Services subject to this subsection are
required for a project. Proposals shall be solicited, with price proposals
submitted in a separate sealed envelope, from at least 2 firms on the
prequalified list and one of the firms shall be selected pursuant to the process
set forth in subsection 4.02(B)(6). In determining which firms will be invited to
submit proposals, the Purchasing Manager shall follow the selection or
rotation process, if any, set forth in the Request for Qualifications, subject to
the best interests of the District in any particular case. Individual Task Orders
in an amount not to exceed $200,000 will be awarded for each project. The
Director of Engineering shall make a written determination that the negotiated
fee is fair and reasonable for the task.
Section 4.03. Exceptions
A. Sole Source and Emergency Procurements.
Contracts for Professional Design Services may be awarded without soliciting
Competitive Sealed Proposals if the Purchasing Manager makes one of the
determinations set forth in Section 1.07.
B. Continuation of Services.
A new contract for additional services related to work already performed under
an existing Contract for Professional Design Services may be awarded without
observing the bidding procedures prescribed in subsection 4.02(B) or subsection
4.02(C), as applicable. In connection with any such new contract, the Director
of Engineering shall determine in writing that (1) it is in the District's best interests
to have the original firm perform additional, related services, and (2) the
negotiated price is fair and reasonable.
C. Procurements of$5,000 or less.
Contracts subject to this Article 4 with an estimated value of $5,000 or less may
be awarded without following the Request for Proposal/Request for Qualifications
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process if the Purchasing Manager determines that a RFP/RFQ process would
not result in a lower overall cost to the District.
Article 5. Public Works Projects
Section 5.01. Purpose and Scope
A. Purpose.
This Article 5 is intended to implement state statutes that govern the District's
award of construction Contracts for Public Works Projects.
B. Scope.
This Article 5 applies to the District's award of Contracts for the construction of
Public Works Projects exceeding $35,000 other than sewerage maintenance or
repair projects pursuant to Public Contract Code section 20783 (Projects
estimated at $35,000 or less, and sewerage maintenance or repair projects, may
be processed pursuant to Article 2).
Section 5.02. Selection Process
A. Design-Bid-Build.
(1) Competitive Sealed Bids. For projects subject to Public Contracts Code
section 20783, the District shall select firms for Public Works Projects
pursuant to the process described in this subsection 5.02(A).
(a) Notice Inviting Bids. For each prospective Contract, the Purchasing
Manager shall publish a Notice Inviting Bids as required by Public
Contract Code Section 20783.
(i) Manner of Publication. Each Notice Inviting Bids shall be published
in a newspaper of general circulation, on industry bulletin boards,
and/or on the District's website at least 10 days before the date for
the opening of bids consistent with the requirements set forth in
Public Contracts Code section 20783.
(ii) Contents. Each Notice Inviting Bids shall:
1. Establish a deadline for the receipt of bids that is at least 10
calendar days after the first publication of the Notice Inviting
Bids;
2. Provide that the District, in its sole discretion, may reject any
and all bids;
3. Set forth a procedure that shall be followed in the event of a tie
between the lowest Responsive and Responsible bidders;
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4. Require bidders to post a bidder's security;
5. State that if a Contract is awarded to the bidder, a payment
bond is required pursuant to Civil Code section 9550;
6. Contain detailed plans and specifications for the project.
Subject to the exceptions set forth in subsection 5.03(B), the
specifications shall not call for a designated material, product,
thing, or service by specific brand or trade name unless the
District complies with the requirements under California Public
Contract Code section 3400 at seq.; and
7. Contain whatever provisions, consistent with this Ordinance, the
Purchasing Manager determines are necessary, desirable,
and/or advantageous to the District.
(b) Bid Opening. The Purchasing Manager shall open the bids publicly in
the presence of one or more witnesses at the time and place
designated in the Notice Inviting Bids. The Purchasing Manager shall
record the amount of each bid together with the name of each bidder.
This record, and each bid, shall be considered public records and shall
be available to the public at the point in time specified in the Notice
Inviting Bids and consistent with the Public Records Act.
(c) Redaction of Bids. The District may reject all bids received for a
particular project and:
(i) Re-advertise for bids; or
(ii) Authorize construction of the project through a Negotiated
Procurement of day labor and/or materials or supplies, if the Board
adopts a resolution by a four-fifths vote declaring that (i) the work
can be performed more economically by day labor, and/or (ii) the
materials or supplies can be obtained at a lower price in the open
market.
(d) No Bids. If the District does not receive any bids for a particular
project, the District's Board of Directors may authorize the Purchasing
Manager to conduct a Negotiated Procurement, and present his or her
recommendation to the Board for approval.
(a)Award to Lowest Responsive and Responsible Bidder. Unless the
District rejects all bids, the Contract shall be awarded to the lowest
Responsive and Responsible Bidder. If two or more Responsible
Bidders submit the same lowest bid, the District may, in its discretion,
accept either bid or a lower bid, if any, as may be obtained from one of
the lowest bidders through negotiation. If the lowest Responsive and
Responsible Bidder refuses to enter into a Contract, then the lowest
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Responsive and Responsible Bidder shall forfeit its bidder's security,
and the Contract shall be awarded to the next lowest Responsive and
Responsible Bidder.
B. Design-Build.
As may be authorized by the Public Contract Code or other statute, the District
may utilize a design-build selection process for the award of Public Works
Contracts.
C. Prequalification.
The Purchasing Manager may limit the field of prospective bidders for Public
Works Contracts by prequalifying Contractors pursuant to California Public
Contract Code Section 20101 and the requirements of this subsection 5.02(C).
Prequalification shall only be required when the Purchasing Manager or the
Director of Engineering determines that prequalification is necessary or
desirable. The Purchasing Manager may (i) prequalify a list of Contractors for
the right to bid on any specific Public Works Project, and/or (ii) prequalify lists of
Contractors for the right to bid on unspecified projects of a certain type or size
pursuant to Public Contracts Code section 20101(c). If the Purchasing Manager
elects to prequalify lists of Contractors for the right to bid on unspecified projects
of a certain type or size, he or she shall conduct a prequalification process
quarterly, and all qualifications shall be valid for one year. For each prequalified
list of either type, the Purchasing Manager shall evaluate and prequalify
Contractors pursuant to the following procedures:
(1) Questionnaires and Rating Criteria. The Purchasing Manager shall
develop a questionnaire and rating criteria for each prequalification. All
criteria shall be relevant and objective. The Purchasing Manager may
rely on the Department of Industrial Relations model guidelines,
questionnaires, and forms, and/or establish additional or modified
criteria.
(2) Statements of Qualifications. The Purchasing Manager shall solicit
Statements of Qualifications from prospective bidders.
(3) Evaluation Committee. The Purchasing Manager shall convene an
evaluation committee to evaluate each Statement of Qualifications. The
Purchasing Manager shall chair the committee, and the Director of
Engineering shall appoint the remaining committee members. The
evaluation committee shall review each Statement of Qualifications, rate
the Contractors according to their qualifications and objective criteria,
and determine which Contractors are qualified and which Contractors
are not qualified.
(4) Notice of Determination. When the evaluation committee completes its
review, the Purchasing Manager shall send each Contractor written
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notice of the committee's determinations regarding that Contractor. If
the evaluation committee determines that a Contractor is not qualified,
the written notice shall also set forth the basis for that determination and
any relevant supporting evidence that the evaluation committee
considered.
(5)Appeal Process.
(a) Notice of Appeal. Any Contractor may appeal to the General Manager
any determination of the evaluation committee, including any rating
assigned to the Contractor and any decision to disqualify the
Contractor, by filing a written notice of appeal within 7 working days
after the Purchasing Manager mails the notice described in subsection
5.02(C)(4).
(b) Hearing. Within 5 working days of the receipt of an appeal, the
General Manager, or a designee of the General Manager who has not
been involved in the evaluation of qualifications of Contractors for the
project, shall conduct a hearing on the appeal. During the hearing, the
affected Contractor or subcontractor shall have the opportunity to rebut
any evidence used as a basis for disqualification and to present
evidence to the General Manager or the General Manager's designee
as to why the prospective bidder should be found qualified.
(c) Decision. Within 5 working days of the conclusion of the hearing, the
General Manager or the General Manager's designee shall issue a
written decision on the appeal. The decision of the General Manager
or the General Manager's designee shall be final.
Section 5.03. Exceptions
A. Emergencies and Calamities.
(1) The provisions of this subsection 5.03(A) apply in the event of an
emergency or calamity involving a sudden, unexpected occurrence that
poses a clear and imminent danger requiring immediate action to
prevent or mitigate the loss or impairment of life, health, property, or
essential public services. In the event of such an emergency or
calamity, the District may, through Negotiated Procurement, award
Contracts to repair or replace facilities, take any directly related and
immediate action required by the emergency or calamity, and procure
the necessary equipment, services, and supplies for those purposes.
(2) The General Manager may take the actions described in subdivision (1)
above, with the concurrence of the Chair of the Board of Directors and/or
the Vice Chair, without obtaining prior approval of the District's Board of
Directors. In taking any such action, the General Manager shall follow
the procedures set forth in Public Contracts Code Section 22050.
(3) In the alternative, the District's Board of Directors may, by resolution
adopted by a four-fifths vote, take the actions described in subdivision
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(1) above. In taking any such action, the District shall follow the
procedures set forth in Public Contracts Code 22050.
B. Specification of Brand or Trade Name.
Notwithstanding subsection 5.02(A)(1)(a)(ii)(6), the specifications for a Public
Works Contract may call for a designated material, product, thing, or service by
specific brand or trade name without inserting the words "or equal" if the District
complies with the requirements of the California Public Contract Code section
3400 at seq. The General Manager is authorized to make the findings required
under California Public Contract Code section 3400 at seq. The Notice Inviting
Bids or Request for Proposals shall state that a particular material, product, thing,
or service is necessary or desirable for any of the following purposes:
(1) In order that a field test or experiment may be made to determine the
product's suitability for future use;
(2) In order to match other products in use on a particular public
improvement either completed or in the course of completion;
(3) In order to obtain a necessary item that is only available from one
source;
(4) In order to respond to an emergency declared by the District, but only if
the declaration is approved by a four-fifths vote of the District's Board of
Directors; or
(5) In order to respond to an emergency declared by the state, a state
agency, or political subdivision of the state, but only if the facts setting
forth the reasons for the finding of the emergency are contained in the
public records of the District.
Article 6. Protests
The District shall afford Interested Parties an opportunity to protest the
solicitation of bids and proposals and the award of contracts as set forth in this
Article 6. The General Manager shall adopt detailed protest procedures
consistent with this Article 6. The protest procedures governing any particular
procurement shall be set forth in the Notice Inviting Bids or the Request for
Proposals, as applicable.
Section 6.01. Solicitation Protests
A. Interested Parties may file a Solicitation Protest Statement with the
Purchasing Manager on the grounds that a free and open competition has
not taken place, or cannot take place, and/or that a particular specification
or requirement is impractical, unduly restrictive, or ambiguous. Each
Notice Inviting Bids and Request for Proposals shall identify the date and
time that the Solicitation Protest Statement is due, the information required
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to be included in the Solicitation Protest Statement, the evaluation
process, and the types of remedies available.
B. The Purchasing Manager shall evaluate each Solicitation Protest
Statement and determine what actions, if any, will be taken to remedy any
deficiency. The decision of the Purchasing Manager shall be final.
Section 6.02. Award Protests
A. In connection with any competitive selection process, any Interested Party
may file an Award Protest Statement with the Purchasing Manager on the
ground that a free and open competition has not taken place in connection
with the award recommendation. The Purchasing Manager shall not,
however, consider any protest based on a finding that a bid or proposal is
not responsive.
B. Each Notice Inviting Bids and Request for Proposals shall identify the
deadline for Award Protest Statements and describe the information
required to be included in any Award Protest Statement, the evaluation
process, the appeal process, and the types of remedies available.
C. The Purchasing Manager shall evaluate each Award Protest Statement
and determine what actions, if any, will be taken to remedy any deficiency.
D. The Purchasing Manager's decision on an Award Protest Statement may
be appealed to the Director of Finance and Administrative Services and
the Director of the Department requesting the Procurement. The Director
of Finance and Administrative Services and the Director of the Department
requesting the Procurement shall evaluate each Award Protest Statement
and determine whether to uphold or reject the Purchasing Manager's
determination. For Contracts to be awarded by District staff, the decision
of the Director of Finance and the Director of the Department requesting
the Procurement shall be final. For Contracts to be awarded by the Board
of Directors, the Board may consider any Award Protest Statements in
connection with its consideration of the Contract.
Section 6.03. Delay in Award
A. Execution of any proposed contract shall be delayed pending resolution of
any protests unless one or more of the following conditions is present:
(1) The items or services being procured are urgently required;
(2) Delivery or performance will be unduly delayed by failure to make an
award promptly; or
(3) Failure to make prompt award will otherwise cause undue harm to the
District.
Section 6.04. Remedies
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A. If the final decision maker determines that the award or proposed award
was not made in accordance with applicable statutes, regulations, policies
and/or procedure, the District, in its sole discretion, may grant any of the
following remedies or any other remedy it deems appropriate:
(1) Prior to award, the District may issue a new solicitation, make a new
selection/award recommendation, or award a contract consistent with
applicable statutes, regulations, policies and procedures;
(2) Take no further action; or
(3) Take any other action that is permitted by law to promote compliance
with applicable statutes, regulations, policies and/or procedure.
B. In determining the appropriate remedy, if any, the District shall consider all
the circumstances surrounding the Notice Inviting Bids or Requests for
Proposal and/or award, including, but not limited to:
(1) The seriousness of any deficiency found to exist in the contracting
process;
(2) The effect of the action on the competitive process;
(3)Any urgency surrounding the contract requirement; and
(4) The effect that implementing the remedy will have on the District.
C. Nothing contained herein shall be construed to act as a limitation on the
District's choice of remedies or confer any right upon any Interested Party
or affected party to a remedy.
Section 6.05. Public Documents
Solicitation Protest Statements and Award Protest Statements are public
documents. The District will notify the affected parties when a protest has been
submitted, and will provide copies of the Protest Statements to the affected
parties upon written request.
Article 7. Delegation of Authority to Award Contracts
This Article 7 applies to all Contracts for Goods, Services, and Public Works
Projects entered into by the District.
Section 7.01. Award Authorization
A. Delegation by General Manager.
The General Manager shall establish written procedures governing the
delegation of authority to award and execute Contracts consistent with this
Ordinance. Upon delegation of authority by the General Manager, each
Department Director may further delegate authority to initiate a written
Requisition consistent with the General Manager's written procedures.
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B. Original Contracts and Contingencies.
The Board of Directors hereby delegates the authority to award Contracts within
specified limits as follows:
r I
j Delegated Authority j Authorized Action
F----------------------------------f----------------------------------------------------------------I
General Manager/ j Authorization to approve and execute Contracts
Assistant General for budgeted procurements up to $100,000, j
Manager including any contingency. All procurements over
$50,000 are to be reported to the Board of
Directors on a quarterly basis.
Standing Committees Authorization to approve procurements over
$100,000 up to $200,000, plus a contingency of
up to 50%, for a total spending authority of up to
$300,000 for each Contract.
----------------- --------------------------------
Board of Directors All original Contracts for procurements that
exceed the limits of the Standing Committees shall
be approved by the Board of Directors.
C. Amendments and Change Orders.
The Board of Directors hereby delegates the authority to approve Amendments
and Change Orders in any amount as follows:
r I
j Delegated Authority Authorized Action
k----------------4------------------------- -------------------------A
General Manager/ (1) Authorization to approve and execute
Assistant General Amendments and Change Orders as long as (1) the
Manager Amendment or Change Order is recommended by
the applicable Department Director, and (2) the
Amendment or Change Order does not change the
contract price or the new contract price is within the
approved contingency.
(2) Authorization to approve and execute
Amendments to chemical Contracts, unless the
Contract unit price has increased from the unit price
approved by the District's Board of Directors. Unit
price increases in chemical Contracts require Board
of Directors approval.
`--------------------------------`-----------------------------------------------------------------=
Section 7.02. Task Orders
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The Board of Directors hereby delegates the authority to award Task Orders
within specified limits as follows:
r
Delegated Authority j Authorized Action
r
General Manager/ j Authorization to approve, upon the
Assistant General Manager recommendation of the Department Director, and
execute Task Orders and/or Amendments to the
Task Orders provided the cumulative total of the
Task Order and Amendments thereto do not
exceed $100,000.
'F.---------------------------------- --------------------------------j
Standing Committees Authorization to approve, upon the
recommendation of the General
Manager/Assistant General Manager, Task Orders
and/or Amendments to the Task Orders over
$100,000 provided the cumulative total of the Task
Order and Amendments do not exceed $200,000.
------------------------------------------------------------------------------------------
�I1 Board of Directors 1 All Task Orders and/or amendments that exceed
$200,000 shall be approved by the Board of
Directors.
Section 7.03. Time Extensions to Public Works Projects
The General Manager may approve and execute Change Orders for Public
Works Project Contract time extensions that do not involve any increase in
compensation over the approved Contingency.
Article 8. Ethics
Section 8.01. Unlawful Consideration Prohibited
District Officials shall neither solicit nor receive bribes, rebates, kickbacks, and/or
any other unlawful consideration from any contracting party, or any party seeking
a Contract with the District, in exchange for favorable treatment or any other
action.
Section 8.02. Conflicts of Interest
A. Compliance with the Political Reform Act.
District Officials shall not make any Contracts, participate in the making of any
Contracts, or in any way attempt to use their official positions to influence any
decision on any Contracts, in violation of Government Code Sections 87100 et
seq.
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B. Compliance with Government Code & 1090.
Without limiting the requirements of Part A above, no District Official shall make
any Contract, participate in the making of any Contract, or in any way attempt to
use his or her official position to influence any decision on a Contract, in violation
of California Government Code Section 1090.
C. Reguirements Applicable to Consultants.
Consultants designated by the District's Conflict of Interest Code shall comply in
all respects with Government Code Section 87100 et seq., and it's implementing
regulations.
Article 9. Definitions
Amendment means a properly executed written agreement entered into and
between the District and the Contractor, or issued by the District, covering
modifications to the original Contract and which may result in adjustments to
provisions of the Contract, including, but not limited to, terms, scope of work,
compensation, and/or period of performance.
Award Protest Statement shall mean a written objection to the award
recommendation prior to final action to award the contract, which shall be
submitted after receipt of sealed bids/proposals, but before award of a contract,
as specified herein.
Best value means the overall combination of quality, price, and other elements of
a proposal/bid (or combination of several proposals/bids) that, when considered
together, provide the greatest overall benefit in response to the requirements
described in the solicitation documents.
Change Order means a properly executed written agreement entered into and
between the District and the Contractor, or unilaterally issued by the District,
covering modifications to the original Contract, and which may result in
adjustments to the provisions of the Contract, including, but not limited to, terms,
scope of work, cost and/or period of performance.
Competitive Sealed Bids means a selection process whereby prospective
Contractors submit sealed bids and the Contract is awarded to the lowest
Responsive and Responsible Bidder.
Competitive Sealed Proposals means a selection process whereby prospective
Contractors submit sealed proposals and the Contract is awarded to the proposal
that best meets the criteria specified in the Request for Proposals.
Contingency means an amount above the original Contract price, as awarded by
the delegated authority, established at the time of Contract award, as may be
amended thereafter, to be used for Contract changes.
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Contract means any type of agreement for the purchase of Goods, Services,
and/or Public Works Projects. Contracts may be labeled in various different
ways, including, but not limited to, "contract" "agreement," "purchase order,"
and "task order."
Contractor means any person or entity that has a Contract with the District.
Department means one of the District's designated departments.
Design-Bid-Build means a selection process for the award of Public Works
Contracts involving three basic steps: (1) the District hires a design professional
to prepare detailed plans and specifications or the District prepares detailed
plans and specifications; (2) the District solicits bids from construction firms
based on the detailed plans and specifications; and (3) the District awards the
Contract to the lowest Responsive and Responsible Bidder.
Design-Build means a selection process for the award of Public Works Contracts
involving two basic steps: (1) the agency solicits proposals from pre-qualified
firms to design and construct a project; and (2) depending on the award criteria
set forth in the Request for Proposals, the agency awards the Contract to either
(a) the lowest Responsive and Responsible Bidder, or (b) the proposal that
presents the "best value"
Director means a director of one of the District's designated departments, or his
or her designee(s).
Director of Engineering means the District's Director of Engineering or his or her
designee(s).
District means the Orange County Sanitation District.
District Board or Board means the Board of Directors of the Orange County
Sanitation District.
District Official means any member of the District's Board of Directors, any
District employee, and any District consultant that is designated under the
District's Conflict of Interest Code.
General Manager means the General Manager of the District, or his or her
designee(s).
Goods means fixed, movable, disposable, and/or reusable products,
commodities, equipment, materials, supplies or items used by the District, and
excludes land or any interest in real property.
Interested Partv shall mean: (1) on solicitation, all bidders or proposers, and
prospective bidders or proposers; (2) on award, the unsuccessful bidder or
proposer with a direct economic interest in the outcome of their protest.
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Mailing means transmission by United States Postal Service, electronic mail, or
facsimile.
Negotiated Procurement means a selection process whereby the Purchasing
Manager identifies one or more prospective Contractors of his or her choice,
negotiates with one or more of them, and awards the Contract to one of them
based on the best interest of the District.
Notice Inviting Bids/Invitation for Bids means all documents, whether attached or
incorporated by reference, utilized for soliciting bids.
Procurement means buying, purchasing, renting, leasing, or otherwise acquiring
any goods, services, construction, construction services, or professional
services, including professional design services. It also includes all functions that
pertain to the obtaining of any goods, services, or construction, including
description of requirements, election and solicitation of sources, preparation and
award of contract, and all phases of contract administration.
Professional Services means (i) services provided by professionals that involve
specialized judgment, skill, and expertise, and (ii) incidental services that
professionals, and those in their employ, may logically or justifiably perform.
Professional Services include, but are not limited to, services provided by
accounting, financial, information technology, human resources consultation and
advocacy, legislative advocacy, and scientific research/consulting firms.
Professional Design Services means architectural, landscape architectural,
engineering, environmental, land surveying, or construction project management
services retained by the District in connection with, but not limited to,
construction, alteration, and/or repair projects.
Public Works/Public Works Project means a project involving the construction,
erection, or alteration of any type of structure, building, or improvement other
than sewerage maintenance or repair projects.
Purchasing Manager means the District's Contracts, Purchasing and Materials
Management Manager, or his or her designee(s).
Request for Proposals means all documents, whether attached or incorporated
by reference, utilized for soliciting proposals.
Request for Qualifications means a request for detailed information concerning
the qualifications of prospective Contractors.
Reguisition means an approved written document making a request for Goods
and Services
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Responsible Bidder means a bidder who has demonstrated the attribute of
trustworthiness, as well as quality, fitness, capacity, and experience to
satisfactorily perform the requested services or project.
Responsive Bidder/Proposer means a bidder/proposer who has submitted a
bid/proposal which conforms in all material respects to the Notice Inviting
Bids/Invitation for Bids/Request for Proposals.
Services means the furnishing of materials, labor, time, or effort by a Contractor.
Services include both general services (janitorial, landscape, repair,
maintenance, etc.) professional services, and professional design services,
unless otherwise specified.
Sealed (Bids or Proposals) means the submittal of bids or proposals, either in
paper or electronic format, whereby the bid or proposal documents are opened at
a specific time and not before.
Sole Source Procurement means the acquisition of Goods and/or Services from
a single source.
Solicitation Protest Statement shall mean a written objection during the
solicitation phase of the procurement, which shall be submitted prior to the
bid/proposal due date as specified herein.
Standing Committee means one of the permanent committees designated by the
Board of Directors as "Standing Committees."
Task Order means a written document pursuant to a Contract issued by the
Purchasing Manager which provides for the issuance of orders, containing a
defined budget, scope of services, and schedule, and authorizes a Contractor to
incur a specified amount for the performance of tasks.
Article 10. Miscellaneous
Section 10.01. Noncompliance
Any Contract entered into which fails in any respect to comply with the provisions
of this Ordinance may be voided by the Board of Directors in its sole and
absolute discretion. Any employee who willfully and knowingly violates any
provision of this Ordinance may be subject to disciplinary action.
Section 10.02. Effective Date
This Ordinance No. OCSD-47 shall take effect June 1, 2015, upon adoption by
the Board of Directors.
Section 10.03. Repeal of Ordinance No. OCSD-44.
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Ordinance No. OCSD-44, entitled "An Ordinance of the Board of Directors of
Orange County Sanitation District Establishing Requirements and Procedures for
the Purchase of Goods, Services, and Public Works Projects" is hereby repealed
in its entirety.
Section 10.04. Certification and Publication.
The Clerk of the Board shall certify to the adoption of this Ordinance, and shall
cause a summary to be published in a newspaper of general circulation within 15
days as required by law.
PASSED AND ADOPTED by a majority of the Board of Directors of the Orange County
Sanitation District at a Regular Meeting held , 2015.
Tom Beamish
Chairman of the Board of Directors
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Bradley R. Hogin
General Counsel
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STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, Clerk of the Board of Directors of Orange County
Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-
was introduced for first reading at a regular meeting of said Board on the_day of
, 2015, and passed and adopted at a regular meeting of said Board on the
day of , 2015, by the following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this_day of , 2015.
Clerk of the Board
Orange County Sanitation District
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ORDINANCE NO. OCSD-44-47
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY
SANITATION DISTRICT ESTABLISHING REQUIREMENTS AND PROCEDURES
FOR THE PURCHASE OF GOODS, SERVICES, AND PUBLIC WORKS
PROJECTS
OCSD-##-1
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Contents
CONTENTS
Article 1. General Provisions .......................................................................................6
Section 1.01. Purpose and Scope.......................................................................6
A. Purpose...........................................................................................6
B. Scope..............................................................................................6
Section1.02. Title................................................................................................6
Section 1.03. Definitions......................................................................................6
Section 1.04. Rules and Guidelines.....................................................................6
Section 1.05. Budgeted Funds ............................................................................7
Section 1.06. The Purchasing Manager ..............................................................7
A. Duties..............................................................................................7
B. Requests for Procurement. .............................................................7
Section 1.07. Exceptions to Competitive Selection..............................................7
A. Sole Source Procurement. ..............................................................7
B. Emergency Procurement. ...............................................................7
Section 1.08. Evaluation Committees..................................................................8
Section 1.09. Severability....................................................................................8
Article2. Goods and Services .....................................................................................8
Section 2.01. Purpose and Scope .......................................................................8
A. Purpose...........................................................................................8
B. Scope..............................................................................................8
Section 2.02. Selection Process..........................................................................9
A. Competitive Sealed Bids.................................................................9
B. Award..............................................................................................9
C. Equal Bids.......................................................................................9
Section2.03. Exceptions.....................................................................................9
A. Small Procurements........................................................................9
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B. Cooperative Purchases................................................................. 10
C. Multi-Step Sealed Bidding............................................................. 10
D. Competitive Sealed Proposals. ..................................................... 10
E. Critical Time-Sensitive Procurements. .......................................... 11
F. Renewals. ..................................................................................... 11
G. Sole Source and Emergency Procurements. ................................ 11
H. Master Contracts; Maintenance and Repair Services Less
Than or Equal to $100.000200,000............................................... 11
Article 3. Professional Services................................................................................. 12
Section 3.01. Purpose and Scope ..................................................................... 12
A. Purpose......................................................................................... 12
B. Scope............................................................................................ 12
Section 3.02. Selection Process........................................................................ 13
A. Request for Proposals................................................................... 13
B. Evaluation and Ranking of Proposals. .......................................... 13
C. Negotiation of Contract. ................................................................ 13
Section 3.03. Exceptions................................................................................... 13
A. Sole Source and Emergency Procurements. ................................ 14
B. Contractors Reporting to the Board............................................... 14
C. Procurements of$5,000 or less. ................................................... 14
D. Master Contracts; Professional Services Less Than or Equal
to $100,000. .................................................................................. 14
Article 4. Professional Design Services..................................................................... 14
Section 4.01. Purpose and Scope ..................................................................... 14
A. Purpose......................................................................................... 14
B. Scope............................................................................................ 14
Section 4.02. Selection Process........................................................................ 14
A. Competitive Selection. .................................................................. 14
B. Professional Design Services Greater Than $200,000. ................ 15
C. Master Contracts; Professional Design Services Less Than
or Equal to $200,000..................................................................... 17
Section4.03. Exceptions................................................................................... 18
A. Sole Source and Emergency Procurements. ................................ 19
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B. Continuation of Services. .............................................................. 19
C. Procurements of$5,000 or less. ................................................... 19
Article 5. Public Works Projects................................................................................. 19
Section 5.01. Purpose and Scope ..................................................................... 19
A. Purpose......................................................................................... 19
B. Scope............................................................................................ 19
Section 5.02. Selection Process........................................................................ 19
A. Design-Bid-Build. .......................................................................... 19
B. Design-Build..................................................................................21
C. Prequalification..............................................................................21
Section 5.03. Exceptions...................................................................................23
A. Emergencies and Calamities. .......................................................23
B. Specification of Brand or Trade Name. .........................................23
Article6. Protests ......................................................................................................24
Section 6.01. Solicitation Protests.....................................................................24
Section 6.02. Award Protests ............................................................................24
Section 6.03. Delay in Award.............................................................................25
Section 6.04. Remedies.....................................................................................25
Section 6.05. Public Documents........................................................................26
Article 7. Delegation of Authority to Award Contracts................................................26
Section 7.01. Award Authorization.....................................................................26
A. Delegation by General Manager. ..................................................26
B. Original Contracts and Contingencies...........................................26
C. Amendments and Change Orders.................................................27
Section 7.02. Task Orders.................................................................................27
Section 7.03. Time Extensions to Public Works Projects ..................................28
Article8. Ethics..........................................................................................................28
Section 8.01. Unlawful Consideration Prohibited...............................................28
Section 8.02. Conflicts of Interest......................................................................28
A. Compliance with the Political Reform Act......................................28
B. Compliance with Government Code § 1090..................................28
C. Requirements Applicable to Consultants. .....................................28
Article9. Definitions...................................................................................................28
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Article 10. Miscellaneous............................................................................................. 33
Section 10.01. Noncompliance................................................................... 33
Section 10.02. Effective Date..................................................................... 33
Section 10.03. Repeal of Ordinance No. OCSD-44. .................................. 33
Section 10.04. Certification and Publication............................................... 33
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NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District
does hereby ORDAIN:
Article 1. General Provisions
Section 1.01. Purpose and Scope
A. Purpose.
This Ordinance is intended to:
(1) Comply with certain provisions of state law requiring the District to adopt
written purchasing procedures;
(2) Ensure that the District complies with state law governing the award of
Contracts for Goods, Services, and Public Works Projects;
(3) Establish procedures to ensure that the District obtains quality goods
and competent services at the best price and/or the best value;
(4) Delegate certain spending authority to District employees in the interest
of efficient administration;
(5) Ensure that purchasing decisions are transparent for the public; and
(6) Ensure that Contracts are awarded through a process that is fair to
prospective Contractors and in the best interests of the District.
B. Scope.
This Ordinance governs the purchase of Goods, Services and the award of
Contracts for Public Works Projects.
Section 1.02. Title
This Ordinance may be referred to as the DistricPs "Purchasing Ordinance."
Section 1.03. Definitions
As used throughout this Ordinance, the terms set forth in ;,Article 9
shall have the meanings as defined therein, unless the context in which they are
used clearly requires a different meaning, or a different definition is prescribed for
a particular Article or provision.
Section 1.04. Rules and Guidelines
The General Manager shall implement the requirements of this Ordinance
through policies, rules, and guidelines governing the purchase of Goods and
Services, and the award of Contracts for Public Works Projects.
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Section 1.05. Budgeted Funds
No Contract for the purchase of Goods, Services, or Public Works Projects shall
be awarded unless and until the General Manager identifies funds in the current
budget that are allocated to the purchase.
Section 1.06. The Purchasing Manager
A. Duties.
Consistent with the provisions of this Ordinance, the Purchasing Manager shall:
(1) Procure, or supervise the procurement of, all Goods, Services, and
Public Works Projects purchased by the District; and
(2) Supervise and control inventories of supplies and materials.
B. Reauests for Procurement.
When a Department desires to procure Goods and/or Services, the Department
Director shall file a written Requisition, in advance, with the Purchasing Manager.
The Requisition shall describe the Goods and/or Services to be acquired.
Section 1.07. Exceptions to Competitive Selection
Depending on the nature of the Contract and/or the circumstances, certain
provisions of this Ordinance require that Contracts for Goods and/or Services be
awarded based on Competitive Sealed Bids or Competitive Sealed Proposals.
This Section 1.07 establishes certain general exceptions to competitive selection
requirements for the procurement of Goods and Services. The exceptions set
forth in this Section 1.07 do not apply to the award of Contracts for the
construction of Public Works Projects.
A. Sole Source Procurement.
Notwithstanding any other provision of this Ordinance, a Contract for Goods
and/or Services may be awarded based on Sole Source Procurement, without
soliciting bids or proposals as might otherwise be required, if the General
Manager or his designee determines in writing that it is in the best interest of the
District to award the Contract because the Goods and/or Services are (1) of a
unique nature based on their quality, durability, availability, fitness or
qualifications for a particular use; or (2) only available from one source.
B. Emergency Procurement.
Notwithstanding any other provision of this Ordinance, a Contract for Goods
and/or Services may be awarded through Negotiated Procurement, without
soliciting bids or proposals as might otherwise be required, if the General
Manager or his designee determines in writing that the District urgently needs the
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Goods and/or Services in order to respond effectively to an emergency. For
purposes of this Section 107, emergency procurements are those purchases
that are required to prevent immediate interruption or cessation of necessary
services or to safeguard life, property, or the public health and welfare. In
addition, emergency procurements as used in this Section also include critical
time sensitive purchases where time is of the essence, and the District does not
have sufficient time to solicit bids or proposals. For emergency procurements
greater than $100,000, the General Manager shall obtain the concurrence of the
Chair of the District's Board of Directors or, if the Chair is unavailable, the Vice
Chair, and such action shall be ratified by the Board of Directors at its next
regular meeting.
Section 1.08. Evaluation Committees
Evaluation committees convened in connection with procurements under this
Ordinance shall generally be composed of District employees. In exceptional
circumstances, however, the General Manager may appoint one or more persons
not employed by the District to an evaluation committee if the General Manager
determines that (1) evaluating proposals in connection with a particular
procurement requires specialized expertise not available among District
employees; (2) the procurement will impact another agency, and that agency
desires to place a representative on the evaluation committee; or (3) it is
otherwise in the District's interest to do so.
Section 1.09. Severability
If any provision of this Ordinance, or any application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect any other provision of
this Ordinance or application to any person or circumstance which can be given
effect without the invalid provision or application. The provisions of this
Ordinance are declared to be severable.
Article 2. Goods and Services
Section 2.01. Purpose and Scope
A. Purpose.
California Government Code Sections 54202 et seq. requires the District to adopt
written policies and procedures, including bidding requirements, governing the
purchase of Goods and Services. This Article is intended to comply with Section
54202.
B. Scope.
The provisions of this Article 2 apply to Contracts for the purchase of Goods and
Services other than Contracts for Professional Services (governed by Article 3),
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Professional Design Services (governed by Article 4), and Contracts for Public
Works Projects (governed by Article 5).
Section 2.02. Selection Process
A. Competitive Sealed Bids.
Subject to the exceptions set forth in Section 2.03, the award of Contracts for the
purchase of Goods and Services shall be shall be based on Competitive Sealed
Bids. For each procurement, the Purchasing Manager shall:
(1) Publish a Notice Inviting Bids that contains (a) a description of the
Goods and/or Services required, (b) a description of the selection
process, (c) bidder's security requirement, if applicable, (d) performance
bond requirements, if applicable, and (e) such provisions, terms, and
conditions, consistent with this Ordinance, that the Purchasing Manager
determines are necessary, desirable, and/or advantageous to the
District;
(2) Open the bids publicly at the time and place designated in the Notice
Inviting Bids, and record the amount of each bid; and
(3) Determine whether the bids are responsive to the Notice Inviting Bids.
B. Award.
After the bids are opened, one of the following actions may be taken:
(4)(1) Award the Contract to the lowest Responsive and Responsible
Bidder;
(5)(21 Reject any and all bids presented and/or re-advertise the bid; or
(6)(31 Declare that the Goods and/or Services may be acquired at a lower
cost by negotiation in the open market and authorize the procurement in
that manner.
C. Equal Bids.
If two or more Responsible Bidders submit the same lowest bid, the District may,
in its discretion, accept either bid or a lower bid, if any, as may be obtained from
one of the bidders through negotiation.
Section 2.03. Exceptions
A. Small Procurements.
(1) Procurements of $5,000 or Less. Contracts subject to this Article 2 with an
estimated value of $5,000 or less may be awarded without Competitive
Sealed Bids if the Purchasing Manager determines that a Competitive Sealed
Bids process would not result in a lower overall cost to the District.
OCSD-##-g
1047653,2
(2) Procurements of $50,000 or Less. Contracts subject to this Article 2 with an
estimated value of $50,000 or less may be awarded by (a) soliciting at least
three bids from identified vendors, and (b) awarding the Contract to the lowest
Responsive and Responsible Bidder. If the Purchasing Manager cannot
obtain at least three bids, the Contract may be awarded to the lowest
Responsive and Responsible Bidder as long as the Purchasing Manager
determines that the bid amount is fair and reasonable.
(3) Piecemealing Prohibited. Procurements shall not be artificially divided into
different individual Contracts so as to keep each Contract amount below one
of the monetary thresholds set forth in this Part A.
B. Cooperative Purchases.
When another public agency or government purchasing cooperative organization
has awarded a Contract for Goods and/or Services based on Competitive Sealed
Bids or Competitive Sealed Proposals, and the agency or organization followed a
process substantially similar to the process described in Section 2.02, the District
may acquire Goods and/or Services under that Contract without obtaining
Competitive Sealed Bids or Competitive Sealed Proposals. The District may
enter into Contracts with other public agencies, government purchasing
cooperative organizations within the United States, and/or Contractors for this
purpose.
C. Multi-Step Sealed Bidding.
If the Purchasing Manager determines that it is impractical to initially prepare a
description to support an award based on price, a process involving multi-step
sealed bids may be utilized. The multi-step sealed bidding process involves (1)
issuing an Invitation for Bids requesting the submission of un-priced offers; and
(2) issuing a subsequent Invitation for Bids for priced offers from those vendors
whose initial un-priced offers were deemed qualified under the criteria set forth in
the initial Invitation for Bids. Award under this process shall be based on the
lowest Responsive and Responsible Bidder.
D. Competitive Sealed Proposals.
If the Purchasing Manager determines in writing that the Competitive Sealed Bids
procedure is not practical and/or not advantageous for the District in a particular
case, one or more Contracts subject to this Article may be awarded based on
Competitive Sealed Proposals. The Competitive Sealed Proposals process may
be used (1) for Goods and/or Services that prove difficult to quantify or describe,
where proposers are provided the opportunity to offer different approaches or
solutions; and/or (2)for critical, routine or recurring goods or services that require
consideration of the broadest possible range of competing services, products and
materials available, fitness of purpose, performance reliability, standardization,
life cycle costs, delivery timetables, reliable supply, support logistics,
diversification of available sources and/or other similar factors in addition to the
OCSD-##-10
IN2653.2
price in the award of these contracts. Award under this process shall be based
upon criteria that provide the best value for the District, wherein best value is not
solely determined by price.
E. Critical Time-Sensitive Procurements.
The Purchasing Manager may purchase Goods and/or Services through
Negotiated Procurement if the Purchasing Manager determines in writing that
time is of the essence in the purchase of the Goods and/or Services. For critical
time-sensitive procurements valued at more than $100,000, the General
Manager shall obtain the concurrence of the Chair of the District's Board of
Directors or, if the Chair is unavailable, the Vice Chair.
F. Renewals.
The Purchasing Manager may exercise any options to renew as may be included
in existing Contracts without observing the bidding procedures prescribed in
Section 2.02.
G. Sole Source and Emergency Procurements.
A Contract for the purchase of Goods and/or Services may be awarded without
soliciting competitive bids if any of the exceptions set forth in Section 1.07 apply.
H. Master Contracts: Maintenance and Repair Services Less Than or Equal to
$280,000100,000.
The Purchasing Manager may purchase maintenance and repair Services
estimated to cost less than or equal to $290,00(-$100,000 through the master
contract procedures set forth below.
(1) Request for Qualifications. If a master contract is let for maintenance and
repair Services, then at least once every 3 years, the Purchasing Manager
shall prepare and distribute a Request for Qualifications for the maintenance
and repair Services required by the District. Each Request for Qualifications
shall describe the selection criteria that will be used to determine whether
suppliers or firms are eligible for the orequalified list. The Request for
Qualifications shall require the following information, at a minimum, from
proposers:
(a) The firm's demonstrated competence and specialized expertise necessary
to perform the type of Service needed:
(b) The experience, training, and skills of the key personnel that will perform
and manage the work for the District;
(c) The firm's capacity and resources to perform the Services required within
the specified period of time. The firm must demonstrate that it will provide a
sufficient number of qualified staff, equipment, and facilities as applicable.
OCSD-##-11
IN2653.2
(2) Evaluation Committee. The Purchasing Manager shall convene an evaluation
committee to evaluate the responses to each Request for Qualifications. The
Purchasing Manager shall chair the committee, and the Director of the
Department requesting the Procurement shall appoint the remaining
members. Each evaluation committee shall determine whether each supplier
or firm has the demonstrated competence and qualifications to provide the
Services necessary for the satisfactory performance of the Services required.
(3) Lists. Based on the recommendations of the evaluation committee, with the
concurrence of the Department Director, the Purchasing Manager shall
establish a list of at least 3 oregualified Contractors. Each list shall be used
for a maximum of 3 years. No later than 3 years after establishing a
prequalified list, the Purchasing Manager may issue a new Request for
Qualifications and establish a new list.
(4) Master Contract. Master Contracts with firms on the prequalified list shall be
awarded by the Board of Directors in the amount not to exceed the program
budget approved by the Board of Directors. The original term of such
Contracts shall be for 1 year, with an option to extend each Contract for up to
2 additional 1 year renewal periods.
(5)Task Orders. The Department Director shall notify the Purchasing Manager
when Services subject to this subsection 2.03(H) are required for a
maintenance or repair project. Proposals shall be solicited from all the firms
on the prequalified list and one of the firms shall be selected pursuant to the
process set forth in Section 2.02. Individual Task Orders in an amount not to
exceed $200-,OW100,000 will be awarded for each project.
Article 3. Professional Services
Section 3.01. Purpose and Scope
A. Purpose.
This Article 3 is intended to ensure that the District retains Professional Services
at fair and reasonable prices based on demonstrated competence and the
professional qualifications necessary for the satisfactory performance of the
services required.
B. Scope.
The provisions of this Article 3 apply to the award of Contracts for Professional
Services and incidental services that members of a Professional Service firm,
and those in their employ, may logically perform. The provisions of this Article 3
do not apply to the award of Contracts for Professional Design Services
(governed by Article 4).
OCSD-##-12
IN2653.2
Section 3.02. Selection Process
Contracts for Professional Services shall be awarded pursuant to the following
procedures:
A. Request for Proposals.
The Purchasing Manager shall prepare a Request for Proposals in consultation
with the Director of the Department requesting the Procurement. The Purchasing
Manager, with the concurrence of the Director of the Department requesting the
Procurement, may select a limited number of Professional Service firms to
receive the Request for Proposals. The Purchasing Manager may issue a
Request for Qualifications to prospective Contractors as a means of identifying
prospective recipients. The Purchasing Manager may publish notice of the
Request for Proposals or Request for Qualifications.
B. Evaluation and Ranking of Proposals.
All responsive proposals shall be evaluated and ranked, from most qualified to
least qualified, based on each firm's demonstrated competence and professional
qualifications necessary for the satisfactory performance of the services required.
The Purchasing Manager may establish a committee to conduct the evaluation.
The Purchasing Manager or evaluation committee, if any, may discuss each
proposal with its author to seek clarification or otherwise obtain relevant
information.
C. Negotiation of Contract.
The Purchasing Manager shall negotiate a Contract with the firm deemed to be
most qualified at a price that the Purchasing Manager, with the concurrence of
the Director of the Department requesting the Procurement, deems to be fair and
reasonable. If the o r..h..s Manager ' unable to negot ate , at sf. ctor y
Contract %Af th the firm deemed to be most qualified, the D rnhas4HJ nnnnn-
ch - - 6.Ni getiNe with the fi.m deemed to
shall negat ate w th the th rd most qua!f'ad f rm and n on, n1' an
agreement 'n
ac reached.hed. If the Purchasing Manager determines that it is in the best interest of
the District to enter into Contracts with two or more firms, the Purchasing
Manager shall negotiate with the desired number of fines starting with the most
qualified. The Purchasing Manager shall proceed down the list from most to
least qualified until he or she has concluded negotiations with the desired
number of firms at fair and reasonable prices. The District may, in its sole
discretion, reject all proposals.
OCSD-##-13
IN2653.2
Section 3.03. Exceptions
A. Sole Source and Emergency Procurements.
A Contract for Professional Services may be awarded without soliciting
Competitive Sealed Proposals if the Purchasing Manager makes one of the
determinations set forth in Section 1.07.
B. Contractors Reporting to the Board.
The provisions of this Article 3 shall not apply to the retention of Professional
Service firms or individuals that are selected by the Board and report directly to
the Board. For such Contracts, the Board shall determine the method of
selection, consistent with the requirements of applicable law.
C. Procurements of$5,000 or less.
Contracts subject to this Article 3 with an estimated value of $5,000 or less may
be awarded without following the Request for Proposal/Request for Qualifications
process if the Purchasing Manager determines that a RFP/RFQ process would
not result in a lower overall cost to the District.
D. Master Contracts: Professional Services Less Than or Equal to $100,000.
The Purchasing Manager may purchase Professional Services estimated to cost
less than or equal to $100,000 through the master contract procedures set forth
in Section 2.03(H), provided that individual task orders shall not exceed $100,000
for each project.
Article 4. Professional Design Services
Section 4.01. Purpose and Scope
A. Purpose.
This Article 4 is intended to ensure that the District retains Professional Design
Services at fair and reasonable prices based on demonstrated competence and
the professional qualifications necessary for the satisfactory performance of the
services required.
B. Scope.
This Article 4 applies to the selection of Contractors for Professional Design
Services.
Section 4.02. Selection Process
A. Competitive Selection.
OCSD-##-14
IN2653.2
All SentraetsProfessional Design Services estimated to be greater than
$380200,000 shall be awarded based on Competitive Sealed Proposals. All
Professional Design Services with an estimated value of $400200,000 or less
shall have a separate selection process based upon a master contract procedure
whereby the District shall solicit Competitive Sealed Proposals and award one or
more master contracts not to exceed $250400,000 per year.
B. GentraetsProfessional Design Services Greater Than $400200,000.
The requirements set forth in this —subsection 4.02(B,) shall apply to the
purchase of Professional Design Services estimated to cost more than
$400200,000.
(1)Annual List. Each Director of a Department that utilizes Professional Design
Services shall file annually with the Purchasing Manager a list of specific
disciplines for which Professional Design ServiceServices may be required.
The Purchasing Manager may from time to time prepare and distribute a
Request for Qualifications for eaehthe professional disciplinedisci Lines or
project design sewiseservices required by the District subject to this Part B.
For each Request for Qualifications issued, the Purchasing Manager shall
evaluate the responses, identify qualified firms, and maintain the responses of
the qualified firms on file to be used in the Request for Proposals process
described below.
(2) Request for Proposals. The Purchasing Manager, in consultation with the
Director of Engineering, shall issue a Request for Proposals for each
Profess onal Des gn Service the Professional Design Services
requested. Multiple projects may be bundled into one Request for Proposals
such that multiple Contract awards may result from one Request for
Proposals and selection may be based upon specialized services.
(3) Content of Request for Proposals. Each Request for Proposals shall describe
the Professional Design Services required and the selection process. Each
Request for Proposals shall also set forth such provisions, terms, and
conditions, consistent with this Ordinance, that the Purchasing Manager, in
consultation with the Director of Engineering, determines are necessary,
desirable, and/or advantageous to the District. Each Request for Proposals
shall require that proposals contain, at a minimum, the following information:
(a)The firm's qualifications for performing the proposed work.
(b)The firm's relevant experience and performance on similar projects.
(G) A fee proposal, based on the method of Gornpensat on specif ed On the
Request for Proposal, and an est mate of total fees Commonly used
. cl de r3 cost plus fixed fee with a max mum amount; Per diern
OCSD-##-15
1042653.2
04LcLThe firm's ability to complete the work within the time allotted.
WLdLThe personnel that will be assigned to the project.
(f)jeLThe estimated number of hours that each member of the team will
spend on the project.
(g)ffLA statement that the firm's engagement for the project would not
create a conflict of interest.
( LgLAny other information required to properly evaluate the firm's
qualifications and experience with similar projects.
O)jhJ_Proposals for construction management services shall demonstrate
that the designated personnel have expertise and experience in
construction project design review and evaluation, construction
mobilization and supervision, bid evaluation, project scheduling, cost-
benefit analysis, claims review and negotiation, and general
management and administration of a construction project.
(i) A fee proposal, based on the method of compensation specified in the
Request for Proposal, and an estimate of total fees, enclosed in a
separately sealed envelope. Commonly used methods of
compensation for Professional Design Service Contracts include (i)
cost plus fixed fee with a maximum amount: (it) per diem rate(s) with a
maximum amount: (iii) a lump sum (fixed) fee: and (iv) cost of time and
materials.
(4) Publication of Request for Proposals. The District shall publicize each
Request for Proposals by two or more of the following methods:
(a)Advertising in print or electronic media; and/or
(b) Mailing the Request for Proposals to each Contractor who has
submitted a Statement of Qualifications; and/or
(c) Mailing the Request for Proposals to each vendor registered in the
applicable category, based on the services identified in the Request for
Proposals, in the District's on-line vendor database; and/eF,
n Ultinln n nntn ... y be 136IRdled ntn n n Request fn. o.nnnn. IR n Rh
that ro t pie Contract awards m result from one Request for Proposals
and spipetion may be based upon Spec al zed sery Ges.
(5) Staff Evaluation Committee. The Purchasing Manager shall convene an
evaluation committee to evaluate the proposals.
OCSD-##-16
IN2653.2
(a) Management and Composition. The Purchasing Manager shall serve
as chair of the evaluation committee. The Director of Engineering shall
appoint the other members of the committee.
(b) Ranking of Firms. All proposals shall be evaluated and ranked, from
most qualified to least qualified, based on each firm's demonstrated
competence and professional qualifications necessary for the
satisfactory performance of the services required.
(c) Interviews. At its discretion, the evaluation committee may interview
one or more of the firms that have submitted proposals.
(d) Report. The evaluation committee shall prepare a written report for the
Purchasing Manager and the Director of Engineering setting forth, at a
minimum, the ranking of firms from most qualified to least qualified.
(6) Negotiations. The Purchasing Manager and the Director of Engineering
shall negotiate a Contract with the firm that the evaluation committee
deems to be most qualified,
Fee proposals shall not be opened until the highest ranked proposer
is identified. Only the highest ranked proposer's fee proposal will be
opened. If those negotiations fail, the Purchasing Manager shall
negotiate with the second most qualified firm, and so on, until an
agreement is reached. The Purchasing Manager shall proceed down
the list from most to least qualified until he or she has concluded
negotiations with the desired number of firms at fair and reasonable
prices. The Director of Engineering shall make a written determination
that the negotiated fee is fair and reasonable. All unopened price
proposals will be returned to the firm that submitted it. The District may,
in its sole discretion, reject all proposals.
C. GentraetsMaster Contracts; Professional Design Services Less Than or
Equal to $390,WG200.000.
The requirements set forth in this —subsection 4.02(G) shall apply to the
purchase of Professional Design Services estimated to cost less than or equal to
$4- 200,000 for each individual project.
(1) Request for Qualifications. At least once every tl+ 3 years, the Purchasing
Manager shall prepare and distribute a Request for Qualifications for each
professional discipline or project design service required by the District
subject to this PaFt Gsubsection. Each Request for Qualifications shall
describe the selection criteria that will be used to determine whether firms are
eligible for the prequalified list. The Request for Qualifications shall require
the following information, at a minimum, from proposers:
(a) The firm's demonstrated competence and specialized expertise necessary
to perform the type of services needed;
OCSD-##-17
IN2653.2
(b) The education, experience, training, and skills of the key personnel that will
perform and manage the work for the District;
(c) The firm's capacity and resources to deliver the services required within the
specified period of time, including but not limited to a sufficient number of
qualified staff, computer hardware, computer software, special equipment
and facilities as applicable; and
(d) The proximity of the firm's officals) to the District, the specific location of key
personnel, and the firm's experience and familiarity with the operation of
local government.
(2) Evaluation Committee. The Purchasing Manager shall convene an evaluation
committee to evaluate the responses to each Request for Qualifications. The
Purchasing Manager shall chair the committee, and the Director of
Engineering shall appoint the remaining members. Each evaluation
committee shall determine whether each firm has the demonstrated
competence and professional qualifications necessary for the satisfactory
performance of the services required.
(3) Lists. Based on the recommendations of the evaluation committee, with the
concurrence of the Director of Engineering, the Purchasing Manager shall
establish a list of at least fives prequalified Contractors within each discipline.
Each list shall be used for a maximum Of three3 years. No later than three3
years after establishing a prequalified list for each discipline, the Purchasing
Manager shall issue a new Request for Qualifications and establish a new list.
(4) Master Contract. Master Contracts with firms on the prequalified list shall be
awarded by the Board of Directors in an amount not to exceed $250400,000
per year. The original term of such Contracts shall be for en'"1) year, with
an option to extend each Contract for up to twe42) additional one-l1j year
renewal periods.
(5)Task Orders, The Director of Engineering shall notify the Purchasing
Manager when Professional Design Services subject to this Part Csubsection
are required for a project. Proposals shall be solicited with price proposals
submitted in a separate sealed envelope, from at least twe2 firms on the
prequalified list and one of the firms shall be selected pursuant to the process
set forth in S86tler 3subsection 4.02413)(6). In determining which firms will be
invited to submit proposals, the Purchasing Manager shall follow the selection
or rotation process, if any, set forth in the Request for Qualifications, subject
to the best interests of the District in any particular case. Individual Task
Orders in an amount not to exceed $400200,000 will be awarded for each
project. The Director of Engineering shall make a written determination that
the negotiated fee is fair and reasonable for the task.
Section 4.03. Exceptions
OCSD-##-18
IN2653.2
A. Sole Source and Emergency Procurements.
Contracts for Professional Design Services may be awarded without soliciting
Competitive Sealed Proposals if the Purchasing Manager makes one of the
determinations set forth in Section 1.07.
B. Continuation of Services.
A new contract for additional services related to work already performed under
an existing Contract for Professional Design Services may be awarded without
observing the bidding procedures prescribed in subsection 4.02(B) or,subsection
4.02(C). as applicable. In connection with any such new contract, the Director
of Engineering shall determine in writing that (1) it is in the District's best interests
to have the original firm perform additional, related services, and (2) the
negotiated price is fair and reasonable.
C. Procurements of$5,000 or less.
Contracts subject to this Article 4 with an estimated value of $5,000 or less may
be awarded without following the Request for Proposal/Request for Qualifications
process if the Purchasing Manager determines that a RFP/RFQ process would
not result in a lower overall cost to the District.
Article 5. Public Works Projects
Section 5.01. Purpose and Scope
A. Purpose.
This Article 5 is intended to implement state statutes that govern the District's
award of construction Contracts for Public Works Projects.
B. Scope.
This Article 5 applies to the District's award of Contracts for the construction of
Public Works Projects exceeding thiFtY fiVe thG616and dGl4af6 Q$35,000) other
than sewerage maintenance or repair projects pursuant to Public Contract Code
section 20783. (Projects estimated at $35,000 or less, and sewerage
maintenance or repair proiects, may be processed pursuant to Article 2).
Section 5.02. Selection Process
A. Design-Bid-Build.
(1) Competitive Sealed Bids. For projects subject to Public Contracts Code
section 20783, the District shall select firms for Public Works Projects
pursuant to the process described in this .subsection 5.02(A).
OCSD-##-19
IN2653.2
(a) Notice Inviting Bids. For each prospective Contract, the Purchasing
Manager shall publish a Notice Inviting Bids as required by Public
Contract Code Section 20783.
(i) Manner of Publication. Each Notice Inviting Bids shall be published
in a newspaper of general circulation, on industry bulletin boards,
and/or on the District's website at least ten-(10) days before the
date for the opening of bids consistent with the requirements set
forth in Public Contracts Code section 20783.
(ii) Contents. Each Notice Inviting Bids shall:
1. Establish a deadline for the receipt of bids that is at least ten
(10) calendar days after the first publication of the Notice
Inviting Bids;
2. Provide that the District, in its sole discretion, may reject any
and all bids;
3. Set forth a procedure that shall be followed in the event of a tie
between the lowest Responsive and Responsible bidders;
4. Require bidders to post a bidder's security;
5. State that if a Contract is awarded to the bidder, a payment
bond is required pursuant to Civil Code section 9550;
6. Contain detailed plans and specifications for the project.
Subject to the exceptions set forth in ,subsection 5.03(B). the
specifications shall not call for a designated material, product,
thing, or service by specific brand or trade name unless the
District complies with the requirements under California Public
Contract Code section 3400 at seq.; and
7. Contain whatever provisions, consistent with this Ordinance, the
Purchasing Manager determines are necessary, desirable,
and/or advantageous to the District.
(b) Bid Opening. The Purchasing Manager shall open the bids publicly in
the presence of one or more witnesses at the time and place
designated in the Notice Inviting Bids. The Purchasing Manager shall
record the amount of each bid together with the name of each bidder.
This record, and each bid, shall be considered public records and shall
be available to the public at the point in time specified in the Notice
Inviting Bids and consistent with the Public Records Act.
(c) Refection of Bids. The District may reject all bids received for a
particular project and:
OCSD-##-20
IN2653.2
(1) Re-advertise for bids; or
(ii) Authorize construction of the project through a Negotiated
Procurement of day labor and/or materials or supplies, if the Board
adopts a resolution by a four-fifths vote declaring that (i) the work
can be performed more economically by day labor, and/or (ii) the
materials or supplies can be obtained at a lower price in the open
market.
(d) No Bids. If the District does not receive any bids for a particular
project, the District's Board of Directors may authorize the Purchasing
Manager to conduct a Negotiated Procurement, and present his or her
recommendation to the Board for approval.
(e)Award to Lowest Responsive and Responsible Bidder. Unless the
District rejects all bids, the Contract shall be awarded to the lowest
Responsive and Responsible Bidder. If two or more Responsible
Bidders submit the same lowest bid, the District may, in its discretion,
accept either bid or a lower bid, if any, as may be obtained from one of
the lowest bidders through negotiation. If the lowest Responsive and
Responsible Bidder refuses to enter into a Contract, then the lowest
Responsive and Responsible Bidder shall forfeit its bidder's security,
and the Contract shall be awarded to the next lowest Responsive and
Responsible Bidder.
B. Design-Build.
As may be authorized by the Public Contract Code or other statute, the District
may utilize a design-build selection process for the award of Public Works
Contracts.
C. Prequalification.
The Purchasing Manager may limit the field of prospective bidders for Public
Works Contracts by prequalifying Contractors pursuant to California Public
Contract Code Section 20101 and the requirements of this Subsection
:subsection 5.02(C).
Prequalification shall only be required when the Purchasing Manager or the
Director of Engineering determines that prequalification is necessary or
desirable. The Purchasing Manager may (i) prequalify a list of Contractors for
the right to bid on any specific Public Works Project, and/or (ii) prequalify lists of
Contractors for the right to bid on unspecified projects of a certain type or size
pursuant to Public Contracts Code Sestieasection 20101(c). If the Purchasing
Manager elects to prequalify lists of Contractors for the right to bid on unspecified
projects of a certain type or size, he or she shall conduct a prequalification
process quarterly, and all qualifications shall be valid for one year. For each
OCSD-##-21
IN2653.2
prequalified list of either type, the Purchasing Manager shall evaluate and
prequalify Contractors pursuant to the following procedures:
(1) Questionnaires and Rating Criteria. The Purchasing Manager shall
develop a questionnaire and rating criteria for each prequalification. All
criteria shall be relevant and objective. The Purchasing Manager may
rely on the Department of Industrial Relations model guidelines,
questionnaires, and forms, and/or establish additional or modified
criteria.
(2) Statements of Qualifications. The Purchasing Manager shall solicit
Statements of Qualifications from prospective bidders.
(3) Evaluation Committee. The Purchasing Manager shall convene an
evaluation committee to evaluate each Statement of Qualifications. The
Purchasing Manager shall chair the committee, and the Director of
Engineering shall appoint the remaining committee members. The
evaluation committee shall review each Statement of Qualifications, rate
the Contractors according to their qualifications and objective criteria,
and determine which Contractors are qualified and which Contractors
are not qualified.
(4) Notice of Determination. When the evaluation committee completes its
review, the Purchasing Manager shall send each Contractor written
notice of the committee's determinations regarding that Contractor. If
the evaluation committee determines that a Contractor is not qualified,
the written notice shall also set forth the basis for that determination and
any relevant supporting evidence that the evaluation committee
considered.
(5)Appeal Process.
(a) Notice of Appeal. Any Contractor may appeal to the General Manager
any determination of the evaluation committee, including any rating
assigned to the Contractor and any decision to disqualify the
Contractor, by filing a written notice of appeal within seven (74 working
days after the Purchasing Manager mails the notice described in
c^^'o`� -5 ^2, subsection 5.02(C-()_(4).
(b) Hearing. Within fwe5 working days of the receipt of an appeal, the
General Manager, or a designee of the General Manager who has not
been involved in the evaluation of qualifications of Contractors for the
project, shall conduct a hearing on the appeal. During the hearing, the
affected Contractor or subcontractor shall have the opportunity to rebut
any evidence used as a basis for disqualification and to present
evidence to the General Manager or the General Manager's designee
as to why the prospective bidder should be found qualified.
(c) Decision. Within fives working days of the conclusion of the hearing,
the General Manager or the General Manager's designee shall issue a
OCSD-##-22
IN2653.2
written decision on the appeal. The decision of the General Manager
or the General Manager's designee shall be final.
Section 5.03. Exceptions
A. Emergencies and Calamities.
(1) The provisions of this Seetian ubsection 5.03(A) apply in the event of
an emergency or calamity involving a sudden, unexpected occurrence
that poses a clear and imminent danger requiring immediate action to
prevent or mitigate the loss or impairment of life, health, property, or
essential public services. In the event of such an emergency or
calamity, the District may, through Negotiated Procurement, award
Contracts to repair or replace facilities, take any directly related and
immediate action required by the emergency or calamity, and procure
the necessary equipment, services, and supplies for those purposes.
(2) The General Manager may take the actions described in ,subdivision (1)
above with the concurrence of the Chair of the Board of Directors and/or
the Vice Chair, without obtaining prior approval of the District's Board of
Directors. In taking any such action, the General Manager shall follow
the procedures set forth in Public Contracts Code Section 22050.
(3) In the alternative, the District's Board of Directors may, by resolution
adopted by a four-fifths vote, take the actions described in &ibsection
.subdivision (1) above. In taking any such action, the District shall follow
the procedures set forth in Public Contracts Code 22050.
B. Specification of Brand or Trade Name.
Notwithstanding ;subsection 5.02(A)(1)(a)(ii)(6). the specifications for a Public
Works Contract may call for a designated material, product, thing, or service by
specific brand or trade name without inserting the words "or equal" if the District
complies with the requirements of the California Public Contract Code section
3400 et seq. The General Manager is authorized to make the findings required
under California Public Contract Code section 3400 et seq. The Notice Inviting
Bids or Request for Proposals shall state that a particular material, product, thing,
or service is necessary or desirable for any of the following purposes:
(1) In order that a Feld test or experiment may be made to determine the
product's suitability for future use;
(2) In order to match other products in use on a particular public
improvement either completed or in the course of completion;
(3) In order to obtain a necessary item that is only available from one
source;
(4) In order to respond to an emergency declared by the District, but only if
the declaration is approved by a four-fifths vote of the District's Board of
Directors; or
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IN2653.2
(5) In order to respond to an emergency declared by the state, a state
agency, or political subdivision of the state, but only if the facts setting
forth the reasons for the finding of the emergency are contained in the
public records of the District.
Article 6. Protests
The District shall afford Interested Parties an opportunity to protest the
solicitation of bids and proposals and the award of contracts as set forth in this
Article 6. The General Manager shall adopt detailed protest procedures
consistent with this Article 6. The protest procedures governing any particular
procurement shall be set forth in the Notice Inviting Bids or the Request for
Proposals, as applicable.
Section 6.01. Solicitation Protests
A. Interested Parties may file a Solicitation Protest Statement with the
Purchasing Manager on the grounds that a free and open competition has
not taken place, or cannot take place, and/or that a particular specification
or requirement is impractical, unduly restrictive, or ambiguous. Each
Notice Inviting Bids and Request for Proposals shall identify the date and
time that the Solicitation Protest Statement is due, the information required
to be included in the Solicitation Protest Statement, the evaluation
process, and the types of remedies available.
B. The Purchasing Manager shall evaluate each Solicitation Protest
Statement and determine what actions, if any, will be taken to remedy any
deficiency. The decision of the Purchasing Manager shall be final.
Section 6.02. Award Protests
A. In connection with any competitive selection process, any Interested Party
may file an Award Protest Statement with the Purchasing Manager on the
ground that a free and open competition has not taken place in connection
with the award recommendation. The Purchasing Manager shall not,
however, consider any protest based on a finding that a bid or proposal is
not responsive.
B. Each Notice Inviting Bids and Request for Proposals shall identify the
deadline for Award Protest Statements and describe the information
required to be included in any Award Protest Statement, the evaluation
process, the appeal process, and the types of remedies available.
C. The Purchasing Manager shall evaluate each Award Protest Statement
and determine what actions, if any, will be taken to remedy any deficiency.
D. The Purchasing Manager's decision on an Award Protest Statement may
be appealed to the Director of Finance and Administrative Services and
OCSD-##-24
IN2653.2
the Director of the Department requesting the Goods-of
Sarvo ass.Procurement. The Director of Finance and Administrative
Services and the Director of the Department requesting the Goods-er
SewisesProcurement shall evaluate each Award Protest Statement and
determine whether to uphold or reject the Purchasing Manager's
determination. For Contracts to be awarded by District staff, the decision
of the Director of Finance and the Director of the Department requesting
the G;Rodg nF SA •'^^^Procurement shall be final. For Contracts to be
awarded by the Board of Directors, the Board may consider any Award
Protest Statements in connection with its consideration of the Contract.
Section 6.03. Delay in Award
A. Execution of any proposed contract shall be delayed pending resolution of
any protests unless one or more of the following conditions is present:
(1) The items or services being procured are urgently required;
(2) Delivery or performance will be unduly delayed by failure to make an
award promptly; or
(3) Failure to make prompt award will otherwise cause undue harm to the
District.
Section 6.04. Remedies
A. If the final decision maker determines that the award or proposed award
was not made in accordance with applicable statutes, regulations, policies
and/or procedure, the District, in its sole discretion, may grant any of the
following remedies or any other remedy it deems appropriate:
(1) Prior to award, the District may issue a new solicitation, make a new
selection/award recommendation, or award a contract consistent with
applicable statutes, regulations, policies and procedures;
(2) Take no further action; or
(3) Take any other action that is permitted by law to promote compliance
with applicable statutes, regulations, policies and/or procedure.
B. In determining the appropriate remedy, if any, the District shall consider all
the circumstances surrounding the Notice Inviting Bids or Requests for
Proposal and/or award, including, but not limited to:
(1) The seriousness of any deficiency found to exist in the contracting
process;
(2) The effect of the action on the competitive process;
(3)Any urgency surrounding the contract requirement; and
(4) The effect that implementing the remedy will have on the District.
OCSD-##-25
IN2653.2
C. Nothing contained herein shall be construed to act as a limitation on the
District's choice of remedies or confer any right upon any Interested Party
or affected party to a remedy.
Section 6.05. Public Documents
Solicitation Protest Statements and Award Protest Statements are public
documents. The District will notify the affected parties when a protest has been
submitted, and will provide copies of the Protest Statements to the affected
parties upon written request.
Article 7. Delegation of Authority to Award Contracts
This Article 7 applies to all Contracts for Goods, Services, and Public Works
Projects entered into by the District.
Section 7.01. Award Authorization
A. Delegation by General Manager.
The General Manager shall establish written procedures governing the
delegation of authority to award and execute Contracts consistent with this
Ordinance. Upon delegation of authority by the General Manager, each
Department HeadDirector may further delegate authority to initiate a written
Requisition consistent with the General Manager's written procedures.
B. Original Contracts and Contingencies.
The Board of Directors hereby delegates the authority to award Contracts within
specified limits as follows:
r I
j Delegated Authority j Authorized Action
------------------------------------------------------ ------------a
General Manager/ Authorization to approve and execute Contracts
Assistant General for budgeted procurements up to $100,000,
Manager including any contingency. All procurements over
$50,000 are to be reported to the Board of
Directors on a quarterly basis.
j Standing Committees j Authorization to approve procurements over 1
$100,000 up to $200,000, plus a contingency of
up to 50%, for a total spending authority of up to
$300,000 for each Contract.
j Board of Directors j All original Contracts for procurements that 1
exceed the limits of the Standing Committees shall j
be approved by the Board of Directors.
OCSD-##-26
lN2653.2
iAll or g nal Contracts for procurements that exceed these I m is shall be approved by the
C. Amendments and Change Orders.
The Board of Directors hereby delegates the authority to approve of
Amendments and Change Orders in any amount as follows:
r 'I
j Delegated Authority Authorized Action
k----------------4------------------------- -------------------------a
General Manager/ (1) Authorization to approve and execute
Assistant General Amendments and Change Orders as long as (1) the
Manager Amendment or Change Order is recommended by
the applicable Department Director, and (2) the
Amendment or Change Order does not change the
contract price or the new contract price is within the
approved contingency.
(2) Authorization to approve and execute
Amendments to chemical Contracts, unless the
Contract unit price has been--changed increased
from the eriginafamaun unit price approved by the
District's Board of Directors. Unit price increases in
chemical Contracts require Board of Directors
approval.
--------------------------------------------------'
Section 7.02. Task Orders
The Board of Directors hereby delegates the authority to award Task Orders
within specified limits as follows:
Delegated Authority rAuthorized Action
----------------------------------------------------------------
11
General Manager/ j Authorization to approve, upon the 1
Assistant General Manager recommendation of the Department Director, and j
j execute Task Orders and/or Amendments to the
Task Orders provided the cumulative total of the
Task Order and Amendments thereto do not
exceed $100,000.
�I, Standing Committees II Authorization to approve, upon the 1
recommendation of the General
Manager/Assistant General Manager, Task Orders
and/or Amendments to the Task Orders over
$100,000 provided the cumulative total of the Task
Order and Amendments do not exceed $200,000.
OCSD-##-27
IN2653.2
I
�I, Board of Directors 1 All Task Orders and/or amendments that exceed 1
$200,000 shall be approved by the Board of j
Directors.
All Task Ordersthat exceed these these mits she' )ara of n rectors.
Section 7.03. Time Extensions to Public Works Projects
The General Manager may approve and execute Change Orders for Public
Works Project Contract time extensions that do not involve any increase in
compensation over the approved Contingency.
Article 8. Ethics
Section 8.01. Unlawful Consideration Prohibited
District Officials shall neither solicit nor receive bribes, rebates, kickbacks, and/or
any other unlawful consideration from any contracting party, or any party seeking
a Contract with the District, in exchange for favorable treatment or any other
action.
Section 8.02. Conflicts of Interest
A. Compliance with the Political Reform Act.
District Officials shall not make any Contracts, participate in the making of any
Contracts, or in any way attempt to use their official positions to influence any
decision on any Contracts, in violation of Government Code Sections 87100 et
seq.
B. Compliance with Government Code & 1090.
Without limiting the requirements of Part A above, no District Official shall make
any Contract, participate in the making of any Contract, or in any way attempt to
use his or her official position to influence any decision on a Contract, in violation
of California Government Code Section 1090.
C. Reauirements Applicable to Consultants.
Consultants designated by the District's Conflict of Interest Code shall comply in
all respects with Government Code Section 87100 et seq., and it's implementing
regulations.
Article 9. MoRnAllaneous
Section 9.01.
OCSD-##-28
1042653.2
Any Contract entered 'rite wh'nh fn'Is 'n any respect to comply w th the erny n'r.nn
of this Ordinance • be voided by the Board of Directors n its sole and absolute
disGret on. Any employee who willfully and knowingly v olates any prov s on of this
Seetlori Axr-9 02. €ffeetiTeDate
, 2014, upon adopt on
by the Board of DirectorsSection
.03. Repeal of Resolution No. OGSD 07 ,
a2-1-z
works Gent antracta' refesn servces contracts; and
delegat'o of authority to , plement said policies and procedures"
he.eby r ale•! in its BRt r•d••
D renters of the•Orange County Can tat on D sti ct Cstab 'sh'ng Op 'n
for the payment of mandatory and stat ten• fop onto. then tbo
to the Delegat OR of Authe.lh:' is heFeby Fepe led :.. its eRtiFety
oncrib.t:on No Oren 99_99 anttied "A apse t'on of the Onprd Of
D'reators of the Orange County Sanitation D'str ct amending Sect'o
to expand the .e eS fe. e.e..e....l .. ee.f ..e to :..alp do the ri .•.h....e
of or't'Gal, rout'ri or
goo
ds or And to define best
value" s hereby repealed 'n is ent rety.
Co..t:o.. 1001 l`art:f:.-2t:o.. .....1 P..hl:ogt:ori The QlPFk of the Qoe..f shall ee N:fy to
the adopt on of this Ord nanGe, and she to be b! shed
newspaper of generals lat'a with SC days as requ rest by law.
AHiele-!&Article 9. Appendix A
Definitions
Amendment means a properly executed written agreement entered into and
between the District and the Contractor, or issued by the District, covering
modifications to the original Contract and which may result in adjustments to
provisions of the Contract, including, but not limited to, terms, scope of work,
compensation, and/or period of performance.
OCSD-##-29
IN2653.2
Award Protest Statement shall mean a written objection to the award
recommendation prior to final action to award the contract, which shall be
submitted after receipt of sealed bids/proposals, but before award of a contract,
as specified herein.
Best value means the overall combination of quality, price, and other elements of
a proposal/bid (or combination of several proposals/bids) that, when considered
together, provide the greatest overall benefit in response to the requirements
described in the solicitation documents.
Change Order means a properly executed written agreement entered into and
between the District and the Contractor, or unilaterally issued by the District,
covering modifications to the original Contract, and which may result in
adjustments to the provisions of the Contract, including, but not limited to, terms,
scope of work, cost and/or period of performance.
Competitive Sealed Bids means a selection process whereby prospective
Contractors submit sealed bids and the Contract is awarded to the lowest
Responsive and Responsible Bidder.
Competitive Sealed Proposals means a selection process whereby prospective
Contractors submit sealed proposals and the Contract is awarded to the proposal
that best meets the criteria specified in the Request for Proposals.
Contingency means an amount above the original Contract price, as awarded by
the delegated authority, established at the time of Contract award, as may be
amended thereafter, to be used for Contract changes.
Contract means any type of agreement for the purchase of Goods, Services,
and/or Public Works Projects. Contracts may be labeled in various different
ways, including, but not limited to, "contract" "agreement," "purchase order,"
and "task order."
Contractor means any person or entity that has a Contract with the District.
Department means one of the District's designated departments.
Design-Bid-Build means a selection process for the award of Public Works
Contracts involving three basic steps: (1) the District hires a design professional
to prepare detailed plans and specifications or the District prepares detailed
plans and specifications; (2) the District solicits bids from construction firms
based on the detailed plans and specifications; and (3) the District awards the
Contract to the lowest Responsive and Responsible Bidder.
Design-Build means a selection process for the award of Public Works Contracts
involving two basic steps: (1) the agency solicits proposals from pre-qualified
firms to design and construct a project; and (2) depending on the award criteria
set forth in the Request for Proposals, the agency awards the Contract to either
OCSD-##-30
IN2653.2
(a) the lowest Responsive and Responsible Bidder, or (b) the proposal that
presents the "best value:'
Director means a director of one of the District's designated departments, or his
or her designee(s).
Director of Engineering means the District's Director of Engineering or his or her
designee(s).
District means the Orange County Sanitation District.
District Board or Board means the Board of Directors of the Orange County
Sanitation District.
District Official means any member of the District's Board of Directors, any
District employee, and any District consultant that is designated under the
District's Conflict of Interest Code.
General Manager means the General Manager of the District, or his or her
designee(s).
Goods means fixed, movable, disposable, and/or reusable products,
commodities, equipment, materials, supplies or items used by the District, and
excludes land or any interest in real property.
Interested Party shall mean: (1) on solicitation, all bidders or proposers, and
prospective bidders or proposers, on on award, the
unsuccessful bidder or proposer with a direct economic interest in the outcome of
their protest.
Mailing means transmission by United States Postal Service, electronic mail, or
facsimile.
Negotiated Procurement means a selection process whereby the Purchasing
Manager identifies one or more prospective Contractors of his or her choice,
negotiates with one or more of them, and awards the Contract to one of them
based on the best interest of the District.
Notice Inviting Bids/Invitation for Bids means all documents, whether attached or
incorporated by reference, utilized for soliciting bids.
Procurement means buying, purchasing, renting, leasing, or otherwise acquiring
any goods, services, construction, construction services, or professional
services.- including professional design services. It also includes all functions
that pertain to the obtaining of any goods, services, or construction, including
description of requirements, election and solicitation of sources, preparation and
award of contract, and all phases of contract administration.
OCSD-##-31
IN2653.2
Professional Services means (i) services provided by professionals that involve
specialized judgment, skill, and expertise, and (ii) incidental services that
professionals, and those in their employ, may logically or justifiably perform.
Professional Services include, but are not limited to, services provided by
easy%c arch,tecturalenv ron�,. went^ , land surveying construct on
^��gernE;rtt,accounting, financial, information technology, human resources
consultation and advocacy, legislative advocacy, and scientific
research/consulting fines.
Professional Design Services means engineering;architectural, landscape
architectural, engineering, environmental, land surveying, or construction rp oleo
management, and SiFRilaF PFefessienal Servines services retained by the District
in connection with, but not limited to, construction, alteration, and/or repair
projects.
Public Works/Public Works Project means a project involving the construction,
erection, or alteration of any type of structure, building, or improvement other
than sewerage maintenance or repair projects.
Purchasing Manager means the District's Contracts, Purchasing and Materials
Management Manager, or his or her designee(s).
Reguest for Proposals means all documents, whether attached or incorporated
by reference, utilized for soliciting proposals.
Request for Qualifications means a request for detailed information concerning
the qualifications of prospective Contractors.
Requisition means an approved written document making a request for Goods
and Services
Responsible Bidder means a bidder who has demonstrated the attribute of
trustworthiness, as well as quality, fitness, capacity, and experience to
satisfactorily perform the requested services or project.
Responsive Bidder/Proposer means a bidder/proposer who has submitted a
bid/proposal which conforms in all material respects to the Notice Inviting
Bids/Invitation for Bids/Request for Proposals.
Services means the furnishing of materials labor, time, or effort by a Contractor.
Services include both general services (janitorial, landscape, repair,
maintenance, etc.) professional services, and professional design services,
unless otherwise specified.
Sealed (Bids or Proposals) means the submittal of bids or proposals, either in
paper or electronic format, whereby the bid or proposal documents are opened at
a specific time and not before.
OCSD-##-32
IN2653.2
Sole Source Procurement means the acquisition of Goods and/or Services from
a single source.
Solicitation Protest Statement shall mean a written objection during the
solicitation phase of the procurement, which shall be submitted prior to the
bid/proposal due date as specified herein.
Standing Committee means one of the permanent committees designated by the
Board of Directors as "Standing Committees."
Task Order means a written document pursuant to a Contract issued by the
Purchasing Manager which provides for the issuance of orders, containing a
defined budget, scope of services, and schedule, and authorizes a Contractor to
incur a specified amount for the performance of tasks.
Article 10. Miscellaneous
Section 10.01. Noncompliance
Any Contract entered into which fails in any respect to comply with the provisions
of this Ordinance may be voided by the Board of Directors in its sole and
absolute discretion. Any employee who willfully and knowingly violates any
provision of this Ordinance may be subject to disciplinary action.
Section 10.02. Effective Date
This Ordinance No. OCSD- shall take effect , upon adoption by the
Board of Directors.
Section 10.03. Repeal of Ordinance No. OCSD-44.
Ordinance No. OCSD-44, entitled "An Ordinance of the Board of Directors of
Orange County Sanitation District Establishing Requirements and Procedures for
the Purchase of Goods. Services, and Public Works Projects" is hereby repealed
in its entirety.
Section 10.04. Certification and Publication.
The Clerk of the Board shall certify to the adoption of this Ordinance, and shall
cause a summary to be published in a newspaper of general circulation within 15
days as required by law.
PASSED AND ADOPTED by a majority of the Board of Directors of the Orange County
Sanitation District at a Regular Meeting held NeaeFRbeF-20,2033 2015.
Trey-EdgarTom Beamish
OCSD-##-33
IN2653.2
Chairman of the Board of Directors
Orange County Sanitation D strict
ATTEST:
'.'v.m-E-r.ya.v
Clerk of the Board
Orange County Sanitation D strict
APPROVED AS TO FORM:
Bradley R. Hogin
� —General Counsel
OCSD-##-34
IN2653.2
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I PAARIA ,�"^' ^- ,-,-.L,^ , Clerk of the Board of Directors of
Orange County Sanitation District, do hereby certify that the above and foregoing
Ordinance No. OCSD44- was introduced for first reading at a regular meeting of
said Board on the 23�_ day of Oeteber 'n" 2015, and passed and adopted
at a regular meeting of said Board on the 20"_ day of Nevember,M , 2015,
by the following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 2e— day of November,
2843 . 2015.
n eaFia F. Ayala
Clerk of the Board
Orange County Sanitation District
OCSD-##-35
IN2653.2
ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control Plan
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
Glossary of Terms and Abbreviations
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or
near the seabed, also know as the benthic zone.
Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes
decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in
water.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
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.
Glossary of Terms and Abbreviations
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor
becomes the DrT for that air sample.
Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane,
nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse
effect").
Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively
responds to Southern California's current and future water needs. This joint project between the
Orange County Water District and the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the
ocean for disposal, after treatment.
Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban run-off.
South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing emissions
from business and industry.
Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process,
where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge—Untreated solid material created by the treatment of wastewater.
Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater.
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Glossary of Terms and Abbreviations
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. OCSD's service area is
in the Santa Ana River Watershed.