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HomeMy WebLinkAbout01-26-2022 Board Meeting Complete Agenda Packet OC6SAN ORANGE COUNTY SANITATION DISTRICT ORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order. Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San's Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating in meetings of the Board telephonically and via Internet accessibility. PUBLIC PARTICIPATION Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to loin the meeting We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here. Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting. Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content. HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 298 292 343# All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at: https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk(o)_ocsan.gov with the subject line "PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)" or "PUBLIC COMMENT NON-AGENDA ITEM". You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS For technical assistance before and during the meeting, please call 714-593-7431. For any other questions and/or concerns, please contact the Clerk of the Board's office at 714-593-7433. Thank you, in advance, for your patience in working with these technologies. We appreciate your interest in OC San! 1 Ellis Avenue Fountainuntain Valley,CA 92708 OC6SAN7.4.962.24., ORANGE COUNTY SANITATION DISTRICT www.ocsan_gov January 19, 2022 Serving: -,naheim Brea NOTICE OF REGULAR MEETING Buena Park Cypress Fountain Valley BOARD OF DIRECTORS cullerton ORANGE COUNTY SANITATION DISTRICT ,crcen Grove Huntington Beach Wednesday, January 26, 2022 — 6:00 P.M. Irvine La Habra La Palma ACCESSIBILITY FOR THE GENERAL PUBLIC Los Alamitos Your participation is always welcome. Specific information as to how to participate in this meeting is detailed in the Special Notice attached to Newport Beach this agenda. In general, OC San offers several ways in which to interact Orange during meetings: you may join the meeting live via Teams on your Placentia computer or similar device or web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for Santa Ana consideration before or during the meeting. Seal Beach Stanton Tustin The Regular Meeting of the Board of Directors of the Orange County Sanitation District will be held at the above location and in the manner Villa Park indicated on Wednesday, January 26, 2022 at 6:00 p.m. County of Orange Costa Mesa Sanitary District Midway City Sanitary District 1 *Ierk o e oard Irvine Ranch Water District Yorba Linda Water District Our Mission:To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. BOARD MEETING DATES February 23, 2022 March 23, 2022 April 27, 2022 May 25, 2022 June 22, 2022 July 27, 2022 August 24, 2022 September 21 , 2022 October 26, 2022 November 16, 2022 December 21, 2022 January 25, 2023 *Meeting will be held on the third Wednesday of the month ORANGE COUNTY SANITATION DISTRICT Effective 1/18/2022 BOARD OF DIRECTORS Complete Roster ALTERNATE AGENCY/CITIES ACTIVE DIRECTOR DIRECTOR Anaheim Stephen Faessel Gloria Ma'ae Brea Glenn Parker Cecilia Hupp Buena Park Art Brown Connor Traut Cypress Paulo Morales Anne Hertz Fountain Valley Patrick Harper Ted Bui Fullerton Jesus J. Silva Nick Dunlap Garden Grove Steve Jones John O'Neill Huntington Beach Kim Carr Dan Kalmick Irvine Anthony Kuo Farrah N. Khan La Habra Rose Espinoza Steve Simonian La Palma Marshall Goodman Debbie Baker Los Alamitos Ron Bates NONE Newport Beach Brad Avery Joy Brenner Orange Kim Nichols Chip Monaco Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Chad Zimmerman Robert Collacott Sanitary/Water Districts Costa Mesa Sanitary District Bob Ooten Art Perry Midway City Sanitary District Andrew Nguyen Mark Nguyen Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Ted Lindsey County Areas Board of Supervisors Doug Chaffee Donald P. Wagner "'06SAN ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, January 26, 2022 - 6:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 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 Orange County Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Orange County Sanitation District's website at www.ocsan.gov not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board at(714) 593-7433. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg,jherberg@ocsan.gov/(714) 593-7300 Asst. General Manager: Lorenzo Tyner, Ityner@ocsan.gov/(714) 593-7550 Asst. General Manager: Rob Thompson, rhompson@ocsan.gov/(714)593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsan.gov/(714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsan.gov/(714) 593-7365 Director of Environmental Services: Lan Wiborg, Iwiborg@ocsan.gov/(714) 593-7450 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, January 26, 2022 CALL TO ORDER Board Chairman John Withers INVOCATION AND PLEDGE OF ALLEGIANCE (Name, Agency) Marshall Goodman, City of La Palma ROLL CALL AND DECLARATION OF QUORUM 1. APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT 2022-2088 BOARD OF DIRECTORS RECOMMENDATION: Receive and file minute excerpts of member agencies relating to appointments to the Orange County Sanitation District Board of Directors: Agency Director Alternate Director City of Brea Glenn Parker Cecilia Hupp City of La Palma Marshall Goodman Diane Baker City of Placentia Chad Wanke Ward Smith City of Stanton David Shawver Carol Warren Originator: Kelly Lore PUBLIC COMMENTS: Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during meetings: you may join the meeting live via Teams on your computer or similar device or web browser,join the meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during the meeting. You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board before or during the public comment period. You may submit your comments and questions in writing for consideration in advance of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line "PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)"or"PUBLIC COMMENT NON-AGENDA ITEM". You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Ca/endar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into the record or compiled as part of the record. Page 1 of 8 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, January 26, 2022 SPECIAL PRESENTATIONS: 2. EMPLOYEE SERVICE AWARDS 2022-2079 30-year Service Awards Tracey Murphy, Lead Power Plant Operator - Division 870 Canh Nguyen, Environmental Supervisor - Division 630 Originator: Kelly Lore REPORTS: The Board Chairperson and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. PUBLIC HEARING: 3. ADOPTION OF A RESOLUTION OF NECESSITY FOR THE BAY 2022-2054 BRIDGE PUMP STATION AND FORCE MAINS REPLACEMENT PROJECT RECOMMENDATION: A. Conduct a public hearing to receive written and oral comments on the proposed adoption of a Resolution of Necessity for the Bay Bridge Pump Station and Force Mains Replacement Project. 1. Open the Public Hearing 2. Receive staff report and recommendations 3. Report of written communications by Clerk of the Board 4. Public Comment 5. Close Public Hearing 6. Discussion by Board of Directors; B. Adopt Resolution of Necessity No. OC SAN 22-03 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Finding and Determining that the Public Interest and Necessity require the Acquisition by Eminent Domain of Interests in Certain Real Property for Public Use and Authorizing and Directing Condemnation of Portions of Assessor Parcel No. 440-132-60"; and C. Authorize and direct OC San's General Counsel to prepare, commence, and prosecute a proceeding in eminent domain for the purpose of acquiring the necessary property interests for the Project. Originator: Kathy Millea Page 2 of 8 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, January 26, 2022 Attachments: Agenda Report Attachment A - Resolution of Necessity - OC SAN 22-03 Attachment B - Location Map Attachment C - Aerial Photo Attachment D - Map of Proposed Acquisitions Attachment E - Contact Log Attachment F - Letter to the Board Dated 01-05-2022 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. 4. APPROVAL OF MINUTES 2022-2078 RECOMMENDATION: Approve Minutes of the Board of Directors Meeting held December 15, 2021 and the Special Meeting held January 12, 2022. Originator: Kelly Lore Attachments: Agenda Report 12-15-2021 Board Meeting Minutes 01-12-2022 Board Special Meeting Minutes 5. 2022 CONFLICT OF INTEREST CODE 2021-2034 RECOMMENDATION: Adopt Resolution No. OC SAN 22-04 entitled, "A Resolution of the Board of Directors of Orange County Sanitation District adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted". Originator: Kelly Lore Attachments: Agenda Report Resolution No. OC SAN 22-04 2022 Draft Conflict of Interest Code 6. PAYMENT OF ANNUAL NATIONAL POLLUTANT DISCHARGE AND 2022-2069 ELIMINATION SYSTEM (NPDES) PERMIT FEES RECOMMENDATION: Approve payment of $796,532 for the annual NPDES ocean discharge permit fees. Originator: Lan Wiborg Page 3 of 8 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, January 26, 2022 Attachments: Agenda Report SWRCB Invoice WD-0196850 7. SAWPA CONFIDENTIALITY AND COMMON INTEREST AGREEMENT 2022-2092 FOR DEVELOPING A REGIONAL APPROACH TO ADDRESS PFAS CONTAMINATION RECOMMENDATION: Approve and authorize the General Manager to execute the Confidentiality and Common Interest Agreement by and among Orange County Sanitation District and the Santa Ana Watershed Project Authority (SAWPA); the Eastern Municipal Water District; the Inland Empire Utilities Agency, the Orange County Water District (OCWD), the San Bernardino Valley Municipal Water District, and the Western Municipal Water District (collectively referred to as the "Parties") to develop a regional approach to treating or otherwise remediating the surface and ground waters and reclaimable wastewaters in the Santa Ana River Basin that have been, or are threatened to be, contaminated by per- and polyfluoroalkyl substances (collectively, "PFAS"). Originator: Lan Wiborg Attachments: Agenda Report Confidentiality and Common Interest Agreement RECEIVE AND FILE: 8. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH 2O21-2010 OF DECEMBER 2021 RECOMMENDATION: Receive and file the following: Report of the Investment Transactions for the month of December 2021. Originator: Lorenzo Tyner Attachments: Agenda Report Report of the Investment Transactions for the Month of December 2021 9. COMMITTEE MEETING MINUTES 2022-2056 RECOMMENDATION: Receive and file the following: A. Minutes of the Steering Committee Meeting held November 17, 2021 B. Minutes of the GWRS Steering Committee Meeting held October 11, 2021 Originator: Kelly Lore Page 4 of 8 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, January 26, 2022 Attachments: Agenda Report 11-17-2021 Steering Committee Minutes 10-11-2021 GWRS Steering Committee Minutes OPERATIONS COMMITTEE: None. ADMINISTRATION COMMITTEE: None. LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: None. STEERING COMMITTEE: 10. HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO. 2022-2109 P1-128A RECOMMENDATION: A. Approve and authorize the General Manager to execute a Facilities Relocation Agreement with Southern California Edison Company for Headquarters Complex at Plant No. 1, Project No. P1-128A, for an amount not to exceed $310,000-1 and B. Approve a contingency of $31,000 (10%). Originator: Kathy Millea Attachments: Agenda Report SCE Facilities Relocation Agreement 11. GENERAL MANAGER'S FY 2021-2022 WORK PLAN MID-YEAR 2022-2110 UPDATE RECOMMENDATION: Receive and file the General Manager's FY 2021-2022 Work Plan Mid-Year Update. Originator: Jim Herberg Attachments: Agenda Report GM's FY 2021-2022 Work Plan Mid-Year Update Page 5 of 8 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, January 26, 2022 12. JANITORIAL & FLOOR MAINTENANCE SERVICE CONTRACT FOR 2022-2111 PLANT NOS. 1 AND 2 RECOMMENDATION: A. Approve a Service Contract to Gamboa Services Inc. dba Corporate Image Maintenance to provide Janitorial & Floor Maintenance Services at Plant Nos. 1 and 2, Specification No. S-2021-127013D, for a total amount not to exceed $961,705, for the period beginning February 1, 2022, through January 31, 2023, with four, one-year renewal options; and B. Approve an annual contingency of $96,170 (10%). Originator: Rob Thompson Attachments: Agenda Report Service Contract S-2021-127OBD 13. HEALTH REIMBURSEMENT ARRANGEMENT FOR THE MANAGERS 2022-2112 GROUP RECOMMENDATION: A. Adopt Resolution No. OC SAN 22-05 entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Health Reimbursement Arrangement (HRA) Plan for the Managers Group identified through the 2021 HRA Reopener Negotiations", B. Approve implementation of an HRA plan with the Managers Group with employee-funded contributions in the form of mandatory vacation, sick, personal, and compensatory leave payouts; and C. Authorize the Orange County Sanitation District to pay the annual administrative costs of the HRA plan for the Managers Group, for a maximum exposure of approximately $390 annually, based on current headcounts. Originator: Celia Chandler Attachments: Agenda Report Resolution No. OC SAN 22-05 Attachments to Resolution Page 6 of 8 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, January 26, 2022 NON-CONSENT: 14. CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2022-2080 RECOMMENDATION: Adopt Resolution No. OC SAN 22-02 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the continuation of Remote Meetings pursuant to Government Code Section 54953". Originator: Kelly Lore Attachments: Agenda Report Resolution No. OC SAN 22-02 INFORMATION ITEMS: None. AB 1234 DISCLOSURE REPORTS: This item allows Board members to provide a brief oral report regarding the disclosure of outside committees, conferences, training, seminars, etc. attended at the Agency's expense, per Government Code§53232.3(d). CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending 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 the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. CS-1 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE 2022-2113 SECTION 54957.6 RECOMMENDATION: Convene in Closed Session: Designated Representatives: General Manager James Herberg, Assistant General Managers Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia Chandler, and Chief Negotiator Laura Kalty. Employee Organizations: (3) International Union of Operating Engineers, Local 501; Orange County Employees Association; and the Supervisors and Professionals Group Page 7 of 8 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, January 26, 2022 Attachments: Agenda Report CS-1 Memo re Labor Negotiations Board 01-26-22 RECONVENE IN REGULAR SESSION. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Directors may request staff to place an item on a future agenda. ADJOURNMENT: Adjourn the Board meeting until the Regular Meeting of the Board of Directors on February 23, 2022 at 6:00 p.m. Page 8 of 8 BOARD OF DIRECTORS Administration Building 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2054 Agenda Date: 1/26/2022 Agenda Item No: 3. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: ADOPTION OF A RESOLUTION OF NECESSITY FOR THE BAY BRIDGE PUMP STATION AND FORCE MAINS REPLACEMENT PROJECT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Conduct a public hearing to receive written and oral comments on the proposed adoption of a Resolution of Necessity for the Bay Bridge Pump Station and Force Mains Replacement Project. 1. Open the Public Hearing 2. Receive staff report and recommendations 3. Report of written communications by Clerk of the Board 4. Public Comment 5. Close Public Hearing 6. Discussion by Board of Directors; B. Adopt Resolution of Necessity No. OC SAN 22-03 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Finding and Determining that the Public Interest and Necessity require the Acquisition by Eminent Domain of Interests in Certain Real Property for Public Use and Authorizing and Directing Condemnation of Portions of Assessor Parcel No. 440-132-60", and C. Authorize and direct OC San's General Counsel to prepare, commence, and prosecute a proceeding in eminent domain for the purpose of acquiring the necessary property interests for the Project. BACKGROUND The Orange County Sanitation District ("OC San") is implementing the Bay Bridge Pump Station and Force Mains Replacement Project, Project No. 5-67 (the "Project"), a vital public health and safety measure to replace an existing pump station and associated force mains in the City of Newport Beach. The Bay Bridge Pump Station is critical to OC San operations, as it conveys approximately 50 to 60 percent of the total Newport Beach wastewater flow through the force mains to Treatment Orange County Sanitation District Page 1 of 6 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2054 Agenda Date: 1/26/2022 Agenda Item No: 3. Plant No. 2. The pump station and force mains are at the end of their useful life, and the Project will replace them with facilities that meet current design and reliability standards. The Project requires the acquisition of certain property interests from Bayside Village Marina LLC, a California Limited Liability Company ("Bayside Village") directly adjacent to and across Pacific Coast Highway from the existing pump station. OC San's Board of Directors (the "Board") previously directed Staff and General Counsel to initiate the eminent domain process by sending a Notice of Intent to Appraise to Bayside Village. An appraisal of the property interests needed for the Project thereafter was prepared and a formal offer to acquire those property interests was made to Bayside Village on September 7, 2021. Despite extensive efforts, staff has been unable to reach an agreement with Bayside Village for the voluntary purchase of the required property interests. Therefore, the Board must pursue the acquisition of the required property interests through eminent domain. The next step in the eminent domain process is to adopt a Resolution of Necessity ("Resolution"). If adopted, the Resolution would authorize OC San's General Counsel to initiate an eminent domain proceeding. Adoption of the Resolution would not, however, foreclose continued negotiation with Bayside Village toward a voluntary purchase of the required property interests. Project Background The Project is intended to replace the existing Bay Bridge Pump Station and associated force mains owned and operated by OC San in Newport Beach. The Bay Bridge Pump Station is over 50 years old, outdated, and no longer meets structural, electrical, or maintenance standards. Further, the force mains under the Newport Bay Channel were constructed in 1970 and cannot be easily inspected to determine reliability. The replacement pump station facility and force mains will be built to current design and reliability standards, thereby preventing spills and ensuring continuous service to the community for the design lifespan of 50 years. As the existing pump station is accessed directly from East Coast Highway, where traffic creates safety hazards for OC San vehicles, the Project also will increase safety for OC San Operations & Maintenance personnel by establishing an entry to and exit from the site that can be accessed more easily and safely by maintenance crews and drivers. In addition, the Project will improve odor control through a new odor control facility, to include a vapor-phase odor control scrubber system as well as two 10-foot diameter tanks to accommodate liquid phase odor control. The Project includes demolition of the existing pump station building and construction of new pump station facilities, including a modernized pump station, generator, and odor control station, within and adjacent to the existing OC San property. The new, expanded pump station facility will be approximately 14,500 square feet in site area, as compared to the approximately 4,800 square-foot existing facility. In addition, portions of the existing OC San gravity sewer system would be replaced and/or reconstructed to convey wastewater to the new pump station wet well. The force main improvements would include the construction of 1,500 linear feet of dual force mains (up to 32 inches in diameter) across the Newport Bay Channel south of Bay Bridge to connect the new pump station to the existing OC San force main system west of the Channel. Although various construction methods were studied, the currently proposed means and methods for constructing the Project will be through a microtunneling process. Orange County Sanitation District Page 2 of 6 Printed on 1/19/2022 powered by LegistarTM File M 2022-2054 Agenda Date: 1/26/2022 Agenda Item No: 3. OC San certified the final environmental impact report for the Project on February 24, 2021. OC San is now implementing and advancing design and property interest acquisitions for the Project. Property Interests Required Construction and use of the Project will impact Bayside Village's property located at 100 E. Coast Highway and 100 N. Bayside Drive, Newport Beach, California 92660 (Assessor Parcel Number 440- 132-60) (the "Property"). The Property is comprised of approximately 5.768 acres of land on the Newport Harbor bay front adjacent to Coast Highway, including approximately 9,000 sq. ft. of submerged tidelands, and is currently being used for marina parking and dry storage of vehicles and boats. Attachments B and C provide information on property layout and location. The real property requirements from Bayside Village for the Project include the acquisition of a partial fee interest of 9,713 sq. ft. (Parcel No. 5-67-01, or the "Fee Parcel"), a moveable Permanent Access Easement of 16,415 sq. ft. (Parcel No. 5-67-02, or the "Permanent Access Easement"), a Temporary Road Easement of 1,873 sq. ft. (Parcel No. 5-67-03, or the "Temporary Road Easement"), three Temporary Construction Easements of 401 sq. ft., 1,588 sq. ft., and 387 sq. ft. (Parcel Nos. 5-67-04, - 05, and -06, respectively, or "TCE(s)"), and two Sewer Easements of 1,950 sq. ft. and 890 sq. ft. (Parcel Nos. 5-67-07 and -08, respectively, or "Sewer Easement(s)") (collectively, "Property Interests"). The Property Interests are more particularly described and depicted within the cover sheets, legal descriptions, and plat maps attached as Exhibits "A" through "E" of the Resolution (Attachment A). The Property Interests are also shown on the map attached hereto as Attachment D. The Property Interests are needed to construct, maintain, and operate the new relocated pump station and force mains piping system and to demolish and reconstruct the existing pump station facilities. The Permanent Access Easement will provide access to the new facility from Bayside Drive both during and after Project construction. The location and layout of the Permanent Access Easement were selected to utilize the existing Bayside Drive curb cut and a portion of the drive aisle currently serving the Property together with a portion of the contemplated access route established in consultation with and at the recommendation of Bayside Village in light of its stated future development plans. That location and layout are intended to be moveable at Bayside Village's discretion, to facilitate potential future redevelopment of the remaining land, provided that any proposed alternative location and layout maintain a minimum drive aisle width and provide substantially similar access to OC San. After Project construction, OC San's use of the Permanent Access will be limited to no more than 15 vehicle trips per week, except in cases of emergency. The Temporary Road Easement is needed to allow safe and efficient movement of construction vehicles and equipment during Project construction. And the TCEs are needed to provide sufficient work area during Project construction. These acquisitions are temporary in nature such that they will expire on fixed terms defined within the cover sheets to their respective legal descriptions attached to the Resolution (Attachment A). The Temporary Road Easement is for a term of twenty-four (24) months, commencing after thirty (30) days' written notice to the property owner. TCE Parcel Nos. 5- 67-04 and -05 are each for a term of twenty-four (24) months, and TCE Parcel No. 5-67-06 is for a term of forty-two (42) months, each commencing after thirty (30) days' written notice to the property owner. Orange County Sanitation District Page 3 of 6 Printed on 1/19/2022 powered by LegistarT" File #: 2022-2054 Agenda Date: 1/26/2022 Agenda Item No: 3. Efforts to Acquire the Property Interests by Negotiation In early-2021, the Board directed Staff and General Counsel to proceed with obtaining an appraisal of the Property Interests. OC San retained Stuart D. DuVall, MAI of George Hamilton Jones, Inc. to perform an appraisal of the Property for purposes of making an offer of compensation to acquire the Property Interests by negotiation. Bayside Village was given notice of OC San's notice of decision to appraise the Property on or about May 26, 2021 . Mr. DuVall completed his appraisal on August 25, 2021, and the Board thereafter in closed session approved the appraisal and authorized Staff to make an offer of compensation to Bayside Village in the full amount of the appraisal pursuant to the requirements of Government Code Section 7267.2. OC San formally extended its written offer of compensation for the Property Interests to Bayside Village on September 7, 2021 . The Board authorized Staff to serve Bayside Village with a Notice of Intention to Adopt a Resolution of Necessity ("NOI") to acquire the Property Interests by eminent domain in late-September 2021. The NOI was served on October 15, 2021. The hearing on the proposed Resolution of Necessity originally was set for November 17, 2021. At the request of Bayside Village, with the Board's concurrence, that hearing date was continued to January 26, 2021, and a revised NOI with the new date was prepared and served, to allow the parties to participate in a mediation with the Honorable John W. Kennedy, Jr. (Ret.) at JAMS on December 20, 2021. Despite making some progress to bridge the sizeable gap between their respective valuation positions, the parties were unable to reach a settlement at the mediation. Nevertheless, Staff intends to continue negotiating with Bayside Village in hopes of achieving a voluntary purchase of the Property Interests even assuming the Resolution is adopted. A summary of correspondence/contacts between Staff/General Counsel and Bayside Village from and after service of OC San's notice of decision to appraise is included as Attachment E hereto. Resolution of Necessity In order to permit the filing of an eminent domain proceeding, the Board must approve and adopt a Resolution of Necessity, by at least a 2/3 majority vote, finding and determining each of the following: • The public interest and necessity require the proposed Project; • The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; • The property interests sought to be acquired are necessary for the proposed Project; and • The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. These elements are to be considered by the Board in light of the full administrative record, including without limitation, the Staff presentation on the item and any objections made during the public hearing. Bayside Village and/or its designated representative affected by the Resolution may request an appearance to speak to the Board on matters of Project design and the impact to the Property when the Resolution is considered. The issue regarding compensation for the value of the property affected by the Resolution should not be discussed. In the event the Board approves the Resolution Orange County Sanitation District Page 4 of 6 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2054 Agenda Date: 1/26/2022 Agenda Item No: 3. (Attachment A), OC San's General Counsel will proceed with litigation in order to obtain possession and ultimate use of the Property Interests. Staff will continue negotiations with Bayside Village throughout the eminent domain process with the objective of reaching an agreement on the acquisition without the necessity of trial. Adoption of the Resolution of Necessity will not foreclose continued negotiations between the parties for a voluntary purchase of the Property Interests. RELEVANT STANDARDS • Comply with Government Code Section 7267.2 • Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting • Ensure the public's money is wisely spent • Ensure OC San's mission statement: "To protect public health and the environment by providing effective wastewater collection, treatment, and recycling." In order to fulfill this mission, OC San must prevent wastewater discharges by, inter alia, replacing wastewater collections facilities that are at the end of their useful life. PROBLEM OC San needs to obtain the Property Interests from Bayside Village in order to replace the existing aged facilities. Despite their best efforts, Staff has been unable to reach an agreement for the voluntary sale/purchase of the property interests from Bayside Village. Therefore, the Board must exercise its power of eminent domain. The next step in the process is the adoption of a Resolution of Necessity for the acquisition of these interests. PROPOSED SOLUTION Adoption of a Resolution of Necessity in order to proceed with the eminent domain process. TIMING CONCERNS Failure to adopt the Resolution now would prevent the acquisition of the needed Property Interests by eminent domain, thereby affecting the timing and/or the ability to deliver the Project, which is needed to replace a pump station and force main sewers that are at the end of their useful lives. RAMIFICATIONS OF NOT TAKING ACTION Without this Resolution, OC San would be precluded from pursuing an eminent domain proceeding to acquire the Property Interests needed to replace critical infrastructure that has reached the end of its useful life, thus exposing Newport Bay to an unacceptable risk of raw sewage spills. PRIOR COMMITTEE/BOARD ACTIONS August 2021 - Approved the appraisal of Back Bay Landing at Coast Highway and Bayside Drive in Newport Beach for report titled "OC San Pump Station Bay Bridge Pump Station Expansion Project" Orange County Sanitation District Page 5 of 6 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2054 Agenda Date: 1/26/2022 Agenda Item No: 3. dated August 25, 2021; and authorized staff to offer Bayside Village Marina, LLC in the full amount of the appraised value for the real property interests and that are needed to construct the Project; and authorize staff to reimburse Bayside Village Marina, LLC for the reasonable costs of an independent appraisal. February 2021 - Authorized staff to retain an appraiser to appraise the property interests that OC San needs to construct the Bay Bridge Pump Station and Force Mains Replacement Project; and issue a Notice of Intent to Appraise to the property owner. ADDITIONAL INFORMATION The acquisition of specified real property interests is required for the construction of the Project. A statutory offer has been made to the property owner and negotiations are ongoing. Adopting the Resolution of Necessity and commencing an eminent domain proceeding is requested. CEQA OC San certified its Final Environmental Impact Report for the Project on February 24, 2021. FINANCIAL CONSIDERATIONS This request complies with the authority levels of OC San's Purchasing Ordinance. This item has been budgeted (Budget Update, Fiscal Year 2021-2022, Appendix A, Page A-7, Bay Bridge Pump Station and Force Mains Replacement Project, Project No. 5-67) and the budget is sufficient for the recommended action. ATTACHMENTS The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Attachment A - Resolution No. OC SAN 22-03 • Attachment B - Location of the Property • Attachment C - Photo Aerial Exhibits • Attachment D - Map of Proposed Acquisitions • Attachment E - Correspondence/Contact Summary • Attachment F - Correspondence from Bayside Village's Counsel Orange County Sanitation District Page 6 of 6 Printed on 1/19/2022 powered by LegistarTM RESOLUTION NO. OC SAN 22-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF INTERESTS IN CERTAIN REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION OF PORTIONS OF ASSESSOR PARCEL NO. 440-132-60 WHEREAS, the Orange County Sanitation District ("OC San") is undertaking the Bay Bridge Pump Station and Force Mains Replacement Project (the "Project"), a vital public health and safety measure; and WHEREAS, the Project is intended to rehabilitate or replace aging infrastructure facilities that are vital for the delivery and processing of sewer wastewater from Newport Beach and surrounding areas, to bring the Bay Bridge Pump Station facility and force mains to current design and reliability standards, to ensure continuous service to the community and prevent sewage spills, to improve odor control, and to improve public safety; and WHEREAS, the Project includes demolition of the existing pump station building and construction of new pump station, including a modernized pump station, generator, and odor control station; replacement or reconstruction of the existing OC San gravity sewer system to convey wastewater to the new pump station wet well; and construction of 1 ,500 lineal feet of dual force mains across the Newport Bay Channel south of Bay Bridge to connect the new pump station to the existing OC San force main system west of the Channel; and WHEREAS, the Project requires the acquisition of property interests from public and private parties; and WHEREAS, the Project will be a health and safety project serving the public interest; and WHEREAS, Health and Safety Code sections 4730.65, 4740, and 4741 authorize OC San to exercise the power of eminent domain to acquire these property interests for public use by condemnation; and WHEREAS, portions of the real property located at 100 N. Bayside Drive and 100 E. Coast Highway in the City of Newport Beach, California (the "Subject Property") are required for the Project. The specific portions of the Subject Property required for the OC SAN 22-03-1 1653689.1 Project include a partial fee interest as legally described and depicted in Exhibit "A" hereto, a permanent non-exclusive access easement as legally described and depicted in Exhibit "B" hereto, a temporary road easement as legally described and depicted in Exhibit "C" hereto, three temporary construction easements as collectively legally described and depicted in Exhibit "D" hereto, and two permanent utility easements (sewer) as collectively legally described and depicted in Exhibit "E" hereto (collectively, the "Property Interests"); and WHEREAS, OC San communicated an offer of compensation to the owner or owners of record for the acquisition of the Property Interests in the full amount of the approved appraisal of said interests; and WHEREAS, in accordance with section 1245.235 of the California Code of Civil Procedure on December 20, 2021 , OC San mailed a Notice of Hearing on the Intent of OC San to Adopt a Resolution of Necessity for acquisition by eminent domain of the Property Interests ("Notice of Intent"). The Notice of Hearing was mailed to the listed address of all persons whose names appear on the last equalized county assessment roll as having an interest in the Subject Property; and WHEREAS, the Project, including all amendments thereto, together with the staff reports, environmental documents and all other evidence presented to the OC San's Board of Directors at the times the Project and the amendments thereto were adopted, are incorporated herein by this reference and made a part hereof as though fully set forth herein; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, OC San scheduled a hearing for January 26, 2022, at 6:00 pm at OC San Plant No. 1 Administration Building, 10844 Ellis Avenue, Fountain Valley, California, and gave to each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to appear at said hearing and to be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the OC San's Board of Directors and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on those matters specified in the OC San's Notice of Intent and referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, OC San may adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure. OC SAN 22-03-2 1653689.1 NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of the OC San's Board of Directors under Code of Civil Procedure sections 1240.030 and 1245.230, OC San does hereby find and determine as follows: Section 1. Incorporation of Findings and Recitals. The above findings and recitals are true and correct and are incorporated herein in full by this reference. Section 2. Compliance with California Code of Civil Procedure. There has been compliance by OC San with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 3. Public Use. The public use for which the interests in the property are to be acquired is for the construction and future maintenance of the Project, a public improvement, as more fully described hereinabove. Health and Safety Code sections 4730.65, 4740, and 4741 authorize OC San to acquire by eminent domain property and interests in property necessary for such purpose and for all uses incidental or convenient thereto. Section 4. Necessity. (a) The proposed Project is necessary to rehabilitate or replace aging infrastructure facilities that are vital for the delivery and processing of sewer wastewater from Newport Beach and surrounding areas. The Project will relocate, expand, and upgrade the current Bay Bridge Pump Station and associated force mains pipe system for the conveyance of wastewater from the Newport Beach area to a treatment facility in Huntington Beach, thereby bringing the Bay Bridge Pump Station facility and force mains to current design and reliability standards, ensuring continuous service to the community, and preventing sewage spills, improving odor control, and improving public safety. (b) The public interest and necessity require the acquisition by eminent domain of the Property Interests. Section 5. Description of Property Interests. The property interests sought to be acquired are more particularly described and depicted in Exhibits "A" through "E" attached hereto and incorporated herein by reference. Section 6. Findings. OC San hereby finds, determines, and declares each of the following: (a) The public interest and necessity require the proposed Project; OC SAN 22-03-3 1653689.1 (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The Property Interests sought to be acquired are necessary for the proposed Project; and (d) The offer required by section 7267.2 of the California Government Code has been made to the owner or owners of record. Section 7. Existing Public Use(s). Pursuant to sections 1240.510 and 1240.610 of the Code of Civil Procedure, to the extent that any of the real property to be acquired is already devoted to a public use, the use proposed by this Project is a more necessary public use than the use to which the real property, or any portion thereof, is already devoted, or, in the alternative, is a compatible public use that will not unreasonably interfere with or impair the continuance of the public use to which the real property, or any portion thereof, is already devoted. Section 8. Authority to Exercise Eminent Domain. OC San is hereby authorized and empowered to acquire one partial fee interest, one permanent non-exclusive access easement, one temporary road easement, three temporary construction easements, and two permanent utility easements (sewer) as described and depicted in Exhibits "A" through "E" hereto, including the improvements thereon, if any, by eminent domain for the proposed Project. Section 9. Further Activities. OC San's legal counsel ("Counsel") is hereby authorized and empowered to acquire the Property Interests in the name of and on behalf of OC San by eminent domain and is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be permitted and required by law, and to make such security deposits as may be required by law and/or order of court, to permit OC San to take possession of the Property Interests at the earliest possible time. Section 10. Effective Date. This Resolution of Necessity shall take effect upon adoption. PASSED, APPROVED, and ADOPTED at the Orange County Sanitation District Board of Directors meeting held on this 26th day of January 2022. JOHN B. WITHERS Board Chairman OC SAN 22-03-4 1653689.1 ATTEST: KELLY A. LORE, MMC Clerk of the Board APPROVED AS TO FORM: BRADLEY R. HOGIN General Counsel OC SAN 22-03-5 1653689.1 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OC SAN 22-03 was passed and adopted by a two thirds vote; at a regular meeting of said Board on the 26th day of January 2022, 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 26th day of January 2022. KELLY A. LORE, MMC Clerk of the Board of Directors ORANGE COUNTY SANITATION DISTRICT OC SAN 22-03-6 1653689.1 EXHIBIT " All OC SAN 22-03-7 1 EXHIBIT "A-1" 2 3 LEGAL DESCRIPTION 4 PARCEL 5-67-01 (FEE) 5 6 ORANGE COUNTY SANITATION DISTRICT 7 BAY BRIDGE PUMP STATION 8 9 That certain parcel of land situated in the City of Newport Beach, County of Orange State of 10 California, being that portion of Parcel 3 of Parcel Map No. 93-111 filed in Book 278, Pages 11 40 through 45 of Parcel Maps in the Office of the County Recorder of said Orange County, 12 described as follows: 13 14 COMMENCING at the easterly terminus of that certain course in the centerline of the East 15 Coast Highway shown as"North 87°3658"West 160.15 feet"on said Parcel Map No.93-111, 16 said point also being marked with a "spike and washer tagged DOH per Caltrans F.B. SR. 17 81-115/11"per said Parcel Map No. 93-111; 18 thence along said centerline North 87°3658" West 160.15 feet to the northwesterly terminus 19 thereof,said point also being marked with a"spike and washer tagged DOH per Caltrans F.B. 20 SR. 81-115/11"per said Parcel Map No. 93-111; 21 thence leaving said centerline at right angles North 02°23'02"East 85.94 feet to a line shown 22 as "North 87°36'16" West 123.34 feet" in the southerly boundary of said Parcel 3, said line 23 also being the northerly Right-of-Way line of the East Coast Highway as shown on said Parcel 24 Map No. 93-11 and also shown on a Caltrans Right-of-Way Map No. 25491-C for 07-ORA-1 25 18.3; 26 thence along said southerly line of Parcel 3 North 87°36'16"West 65.10 feet to the intersection 27 of the southerly boundary of said Parcel 3 and the easterly line of Parcel 1 Dedicated to the 28 Orange County Sanitation District in a document recorded September 10, 1965 in Book 7661, 29 Page 741 of Official Records, in the Office of said Orange County Recorder, said point also 30 being the TRUE POINT OF BEGINNING; 31 thence North 13°39'41" East 71.32 feet; 32 thence North 76°24'23" West 173.32 feet; . 33 thence South 13°39'46" West 79.83 feet to a line shown as "North 66°24'24" West 284.74 34 feet"in said southerly boundary of Parcel 3; 35 thence along said southerly boundary of Parcel 3 the following six(6) courses: 36 (1) South 66°24'24" East 8.72 feet to an angle point therein; 37 (2) South 73°06'54" East 43.65 feet to an angle point therein; 38 (3) South 83°06'23" East 60.83 feet to an angle point therein; 39 (4)North 01°46'10" West 60.00 feet to an angle point therein; 40 (5)North 88'13'14" East 60.00 feet to an angle point therein, Page 1 of 2 OC SAN 22-03-8 ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCEL,5-67-01 (FEE) 41 (6) South 01°46'46" East 70.87 feet to an angle point therein to the TRUE POINT OF 42 BEGINNING. 43 44 CONTAINING: 9,713 Square Feet more or less. 45 46 EXHIBIT "A-2" attached and by this reference made a part hereof. 47 48 49 �fl�yN, LANp , 50 �c,S .BEN C. 51 Q 52 53 w 5 08/1712021 \Q "� No. 9044 55 Steven C. Slocum,P.L.S. 9044 Date rF OF 56 57 Michael Balser International 58 5 Hutton Centre Drive, Suite 500 59 Santa Ana, California 92707 60 Project No. 163755 61 H:lpdata\163755\CARD\Mapping\Exhibits\Pump Station Legals and Exbibits\Legal\163755-00A1-Legal Fee Pareei.docx Page 2 of 2 OC SAN 22-03-9 RECORD ACES: Ri CALTRANS RIGHT-OF-WAY MAP NO. 25491-C. R2 PARCEL MAP N0. 93-111, P.M.B. 278j40-45. SAy HARBOR \ NEWPOR T g UPPER ipNNEL �1 \\ 791 \ v P 1 (FEE) \ �01 17 43'19" \ R=1014.00' O L=313.64' sp fi (R2) SPIKE AND WASHER r "DOH" PER CALTRANS FB. 81-115/11 AND PM 93-111. P.M.B. 278/40-45 N87'36'58"W -- 160.15' (R2) / P.O.C. \ PARCEL 1 \ SH O 2 SH EXHIBIT "A-2'3 / .. SKMVVMPZC0MPWA LEGAL DESMPTION FOR SHEET INDEX I N T E R N A T 1 0 N A L ORANGE COUNTY SANITATION DISTRICT 5 Hutton Centre Drive,Suite 500 Y BRIDGE STATIONINDICATES SHEET NUMBER Santa Ana,CA 92707 PARCEL M7-01 ) (949)472-3505 MBAKERINTL.COM ING:9,713 S.F.MOM OR LESS AUGUST 13, 2021 JN 163755 Dj 6J�27�i3 FA\163T55�CAt0 frPIS�05I6tT5�PW STATIM WG S NO EMMI1S W75.`rL4A2-E)HIBET FEE PAX.. MlEA&M OC SAN 22-03-10 J3 Go 56 <�--10- S13'39'46"W S66*24'24"E 8.72' 'p 79.83' VARIES VARIES R2) S73*06'54"E 43.65' PARCEL 5-67-01 (FEE) 0 cn -j (R2) S83-06-23-E 60.83' S'LY LINE OF PARCEL 3OF ;o P.M. NO. 93-111, P.M.B. 278/40-45 AND N'LY R.O.W. o LINE OF EAST COAST HIGHWAY PER CALTRANS R.O.W. MAP o NO. 25491-C 0 kj JJ� c �66t.CIAO-;� C51 13*39'41"E 71.32' T.P.O.B. S'LY LINE OF PARCEL 3 OF PM 93-111, P.M.B. 278/40-45 rn AND N'LY RIGHT-CF-WAY LINE OF EAST COAST HIGHWAY PER CALTRANS RIGHT OF WAY MAP NO. 25491-C C� $5.94 SPIKE AND WASHER "DOH" PER CALTRANS FB. SR-81-115/11 AND P.M. NO. 93-111. P.M.B. 278/40-45 SWEU 2 OF 2 SHEUS lok- EXHIBIT "A-2" &KETM'M ADCOWMY A P.O.C. LEGAL DESCRFTION FOR PARCEL 1 1 N T E R N A T 1 0 k AL ORANGE COUNTY SANITATION DISTRICT SPIKE AND WASHER "DOH" PER 5 Hutton Centre Drive,Suite 500 BAY BRIDGE PUMP STATION CALTRANS F8. SR-81-115/11 Santa Ana,CA 92707 PARCEL"7-01(FEE) AND P.M. NO. 93-111. (949)472-3505- MBAKERINTLCOM CONTAINING:9,713 S.F.MORE OR LESS P.M.B. 278/40-45 AUGUST 13, 2021 JN 163755- AmE*1911S\M75S-OW-EMMIT FEE F'ARM-.DM COMIE.W TL V161=1 4,31 FM OC SAN 22-03-11 EXHIBIT " " OC SAN 22-03-12 PERMANENT NON-EXCLUSIVE ACCESS EASEMENT ATTACHMENT TO LEGAL DESCRIPTION Parcel No.: 5-67-02 Until such time as its location becomes fixed as contemplated herein, this permanent, moveable non-exclusive access easement shall be in, on, over, under, and across the real property described in Exhibit "B-l" and depicted in Exhibit "B-2" attached hereto, subject to the Rights and Limitations of Use and Occupancy set forth herein ("Permanent Access Easement"). The Permanent Access Easement shall be used by the Orange County Sanitation District and its employees, agents, representatives, contractors, successors, and assigns (collectively, "OC San") for purposes of providing access to OC San, including the right of ingress and egress,to and from Bayside Drive and the OC San facilities in connection with the construction,use, and operation of the Bay Bridge Pump Station and Force Mains Replacement Project("Project"). Rights and Limitations of Use and Occupancy of the Permanent Access Easement: • The location and layout of the Permanent Access Easement as described and depicted in Exhibits "B-1" and"B-2"hereto was selected to utilize the existing Bayside Drive curb cut and a portion of the drive aisle currently serving the property subject to this easement ("Property") together with a portion of the contemplated access route established in consultation with and at the recommendation of the owner of the Property ("Owner") in light of the Owner's future development plans. • The proposed location and layout of the Permanent Access Easement as described and depicted in Exhibits "B-l" and "B-2" hereto is moveable at the Owner's discretion, provided that the proposed new location and layout maintains a minimum drive aisle width of twenty-four (24) feet and provides substantially similar access to OC San to and from Bayside Drive and the connection points to OC San's facilities established by the Project. • If and when a new location and layout for the Permanent Access Easement is selected by Owner, OC San will cooperate with Owner to have documentation prepared and recorded to memorialize the new location and layout of the easement. Once the final location for the Permanent Access Easement is set and the appropriate easement document herein contemplated is recorded, OC San will cooperate with Owner to relinquish any portion of the Permanent Access Easement described in Exhibit`B-1" and depicted in Exhibit`B-2" that is outside the boundaries of the newly aligned access easement herein contemplated. • The following improvements within the Permanent Access Easement will be protected in place: o The chain link fence running generally east to west along the northern and southern borders of the drive aisle currently serving the Property; and o All landscape elements and asphalt paving within the Permanent Access Easement. • A section of the chain link fence running generally east to west along the southern border of the drive aisle currently serving the Property will be removed and replaced with a gate to permit OC San access to the Permanent Access Easement area south of the chain link fence while maintaining the security of that area. Any improvements so removed shall be included in the compensation paid by OC San for this Permanent Access Easement. • Upon completion of Project construction, OC San's use and occupancy of the Permanent Access Easement shall be limited to no more than fifteen(15)vehicle trips per week,except in cases of an emergency. 1651771.1 OC SAN 22-03-13 Neither the Owner nor any occupant of the Property shall construct any permanent improvements within the easement area that would impede OC San's rights as defined herein. Subject to the Rights and Limitations of Use and Occupancy of the Permanent Access Easement described herein, the rights and obligations of OC San and the Owner shall run with the land and be binding upon and/or inure to the benefit of OC San's and the Owner's respective heirs, successors, and assigns. OC San expressly reserves the right to convey,transfer, or assign the Permanent Access Easement subject to the same Rights and Limitations of Use and Occupancy described herein. 1651771.1 OC SAN 22-03-14 I EXHIBIT 64B-1" 2 3 LEGAL DESCRIPTION 4 PARCEL 5-67-02 (ACCESS EASEMENT) 5 6 ORANGE COUNTY SANITATION DISTRICT 7 BAY BRIDGE PUMP STATION 8 9 10 That certain parcel of land situated in the City of Newport Beach, County of Orange State of 11 California, being that potion of Parcel 3 of Parcel Map No. 93-111 filed in Book 278, Pages 40 12 through 45 of Parcel Maps in the Office of the County Recorder of said Orange County, described 13 as follows: 14 COMMENCING at the easterly terminus of that certain course in the centerline of the East Coast 15 Highway shown as"North 87°36'58"West 160.15 feet"on said Parcel Map No. 93-111, said point 16 also being marked with a"spike and washer tagged DOH per Caltrans F.B. SR. 81-115/11"per said 17 Parcel Map No. 93-111; 18 thence along said centerline North 87°36'58" West 160.15 feet to the northwesterly terminus 19 thereof, said point also being marked with a"spike and washer tagged DOH per Caltrans F.B. SR. 20 81-115/11"per said Parcel Map No. 93-111; 21 thence leaving said centerline at right angles North 02°23'02" East 85.94 feet to a line shown as 22 "North 8736'16"West 123.34 feet"in the southerly boundary of said Parcel 3, said line also being 23 the northerly Right-of-Way line of the East Coast Highway as shown on said Parcel Map No. 93-11 24 and also shown on a Caltrans Right-of-Way Map No. 25491-C for 07-ORA-1 18.3; 25 thence along said southerly line of Parcel 3 North 8736'16"West 65.10 feet to the intersection of 26 the southerly boundary of said Parcel 3 and the easterly line of Parcel 1 Dedicated to the Orange 27 County Sanitation District in a document recorded September 10, 1965 in Book 7661,Page 741 of 28 Official Records, in the Office of said Orange County Recorder, thence North 13°39'41" East 29 71.32 feet; thence North 76°24'23" West 173.32 feet; 30 thence South 13'39'46" West 75.46 feet to the TRUE POINT OF BEGINNING; 31 thence North 76'20'14" West 12.10 feet,hereinafter referred to as COURSE 1 to the beginning of 32 a tangent curve concave northeasterly and having a radius of 30.00 feet; 33 thence along said curve northwesterly 19.68 feet through a central angle of 37°35'22" 34 to a point of compound curvature with a curve concave easterly and having a radius of 46.00 feet, 35 a radial line of said curves from said point bears North 51°15'08" East; 36 thence along said curve northerly 50.05 feet through a central angle of 62°20'28"; 37 thence tangent from said curve North 23°35'36" East 13.50 feet hereinafter referred to as 38 COURSE 2,to the beginning of a tangent curve concave southeasterly and having a radius of 49.00 39 feet; 40 thence along said curve northeasterly and easterly 68.42 feet through a central angle of 80°00'01" 41 hereinafter referred to as COURSE 3; thence tangent from said curve South 76°24'23" East a Page 1 of 3 OC SAN 22-03-15 ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCEL 5-67-02(ACCESS EASEMENT) 42 230.53 feet hereinafter referred to as COURSE 4 to the beginning of a tangent curve concave 43 northwesterly and having a radius of 20.00 feet;thence along said curve easterly and northeasterly 44 31.42 feet through a central angle of 90°00'22" hereinafter referred to as COURSE 5; 45 thence tangent from said curve North 13°35'15" East 80.03 feet hereinafter referred to as 46 COURSE 6 to the beginning of a tangent curve concave southeasterly and having a radius of 47 42.00 feet; thence along said curve northeasterly and easterly 15.00 feet through a central angle of 48 20°27'26"; 49 thence non-tangent from said curve South 77°58'48" East 168.76 feet hereinafter referred to as 50 COURSE 7 to the easterly line of said Parcel 3 shown as a curve concave easterly having a"Radius 51 of 440.00 feet,central angle of 74°00'00"and length of 568.28 feet"on said Parcel Map No.93-111 52 and to a point on a non-tangent curve concave southeasterly and having a radius of 440.00 feet, a 53 radial line of said curve from said point bears South 67°47'30" East; 54 thence along said easterly line of Parcel 3 and said curve southwesterly 30.32 feet through a central 55 angle of 03°56'52" to a line parallel with and 30.00 feet southeasterly from the hereinabove 56 described COURSE 7; 57 thence non-tangent from said curve along said parallel line North 77°58'48" West 143.90 feet to a 58 line parallel with and 24.00 feet southeasterly from the hereinabove described COURSE 6; 59 thence along said parallel line South 13°35'15" West 65.28 feet to the beginning of a tangent curve 60 concave northwesterly and having a radius of 44.00 feet, said curve being concentric with and 61 24.00 feet southeasterly from the hereinabove described COURSE 5; 62 thence along said concentric curve southwesterly and westerly 69.12 feet through a central angle of 63 90°00'22" to a line parallel with and 24.00 feet southeasterly from the hereinabove described 64 COURSE 4; 65 thence tangent from said curve along said parallel line North 76°24'23" West 131.23 feet to the 66 beginning of a tangent curve concave southeasterly and having a radius of 5.00 feet; 67 thence along said curve westerly and southwesterly 7.85 feet through a central angle of 90°00'00" 68 to a line parallel with and 29.00 feet southwesterly from the hereinabove described COURSE 4; 69 thence radially from said curve along said parallel line North 76°24'23" West 24.00 feet to a point 70 on a non-tangent curve concave southwesterly and having a radius of 5.00 feet,a radial line of said 71 curve from said point bears North 76°24'23" West; 72 thence along said curve northerly and northwesterly 7.85 feet through a central angle of 90°00'00" 73 to a line parallel with and 24.00 feet southeasterly from the hereinabove described COURSE 4; 74 thence tangent from said curve along said parallel line North 76°24'23" West 65.30 feet to the 75 beginning of a tangent curve concave southeasterly and having a radius of 25.00 feet and to the 76 beginning of a curve concentric with and 24.00 feet southeasterly from the hereinabove described 77 COURSE 3; thence along said concentric curve westerly and southwesterly 34.91 feet through a 78 central angle of 80°00'01" to a line parallel with and 24.00 feet southeasterly from the hereinabove 79 described COURSE 2; thence tangent from said curve and along said parallel line i 2 Page 2 of 3 OC SAN 22-03-16 ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCEL 5-67-02(ACCESS EASEMENT) 80 South 23'3536" West 16.22 feet to the beginning of a tangent curve concave northeasterly and 81 having a radius of 22.00 feet; 82 thence along said curve southerly and southeasterly 38.37 feet through a central angle of 99'55'50" 83 to a line parallel with and 18.00 feet northeasterly from the hereinabove described COURSE 1, 84 thence tangent from said curve and along said parallel line South 76'20'14" East 2.81 feet; 85 thence South 1')'3 9'46" West 18.00 feet to the TRUE POINT OF BEGINNING. 86 87 CONTAINING: 16,415 Square Feet more or less. 88 89 EXHIBIT "B-2" attached and by this reference made a part hereof. 90 91 92 Nt LANp C 93 C. 94 Cl- 95 08/17/2021 96 Steven C. Slocum, P.L.S. 9044 Date No. 9044 97 98 Michael Baker International F CN\-\" 99 5 Hutton Centre Drive, Suite 500 100 Santa Ana, California 92707 101 Project No. 163755 102 H:\pdata\163755\CADD\Mapping\Exhibits\Pump Station Legals and Exhibits\Legal\163755-OOB I-Legal Access Easement P.docx Page 3 of 3 OC SAN 22-03-17 REFERENCES:RECORD R1 CALTRANS RIGHT-OF-WAY MAP N0. 25491-C. \ R2 PARCEL MAP NO. 93-111, P.M.H. 278/40-45_ E ORT UpPERB \ 00 ° \\ �0 PARCEL 5-672 \ � \\ (ACCESS EASE ENT) jl0 \ SPIKE AND WASHER C , "DOH" PER CALTRANS' FB. 81-115/7 AND PM' \ as 93-111. P.M.6, \ &--17'43'19" 278/40-45 \\ R=1014.00' c o, L=313.64' (R2) SPIKE AND WASHER y r "DOH" PER CALTRANS FB. 81-115/11 AND PM 93-111. P.M.B. 278/40-45 N87'36'58"W pNISIDE DRIVE 160.15' �l4°00 007 R=400.00'_ \ (R2) g , � i;�516.62 R2 P.O.C. &=03'27'22" 5p' L4i' R=1002.00' \ � L=60.44' SHEET 1 OF 4 SHEETS fl ) (R2)EXHIBIT t TO A f j LEGAL DESCRPTION FOR INDEX INTERNATIONAL � ORANGE COUNTY SANITATIONDISTRICT5 Hutton Centre Drive,Suite 500 O INDICATES SHEET NIM�ER '� �'STATION Santa Ana,CA 92707 PARCEL M7-02 (949)472-3505. MBAKERNTL.COM CONTAINING:16,415 S.F.MORE CAR LESS AucusT 13, 2021 N 163756 \\IRYIGY51.8RR: .�tOT\RMTA\S6S759�C3D�P?S�\k�1t8f'i54P1A4 57'ATiCN tFf]AL^•Ate E#1IBST5"i163JS5-AOR2-E�tIDtT ASKS FA+>�dT P: , 6kt+tEAW&E T 8/16/2MI 4.0.T PM OC SAN 22-03-18 � SCaLE \ <49 3 SEE SHEET 2 N � VARIES VARIES N h rF7 Z z Cc p � 18 I- - — — — — — — -- — ' 75.46' �ZP S66°24'24"E 8.72' N13'39'46"E 79.83' T. r z'0 �d u O.C.S.D. PARCEL 5-67-01 (FEE) 24' (BY SEPARATE DOCUMENT) S'LY LINE OF PARCEL 3 OF -9��� n, z P.M. NO. 93-111, P.M.B. C3 278/40-45 NO N'LY RIGHT-OF-WAY LINE OF EAST COAST HIGHWAY PER CALTRANS RIGHT OF WAY MAP NO. wrn 0 0 25491-C N � � 1 E N13°39'41"E 71.32' 24 S'LY LINE OF PARCEL 3 OF PM 93-111, 16� P.M.B. 278/40-45 AND N'LY o 10 RIGHT-OF-WAY LINE OF EAST COAST HIGHWAY PER CALTRANS RIGHT OF WAY ypRIES MAP NO. 25491-C. l �Y w'rG N RRIES �, a SPIKE AND WASHER "DOH" PER 85 9& � SEE SHEET 3 CALTRANS FB. SR-81-115/11 AND P.M. NO, 93-111. P.M.B. 278/40-45 �w ISHM7 2 OF 4 SHEErb EXHIBIT "B-2w 3?MMHMACC0WMYA LEGAL FFOR ® Apr.� �. P.M.B. 278/40-45 (949)472-3505, MBAKERINTL.COM I TE N A T 1 0 N A L ORANGE COUNTYSANITATIONDIS CT SPIKE AND WASHER "DOH" PER 5 Hutton Centre Drive,Suite 500 SAY BRIDGE PULP STATIONCALTRANS FB. �-81-115/11 Santa Ana,CA 92707 PARCEL"7Q SS AND P.M. NO. 93-111. AUGUST 13, 2021 JN 163755 \\IRY1G47fSt.&CR.iBN .(ETA\t&3T`.S\G.'DSkaR'iF6\OGE[BSTSjttd'STATIQS LmS MU 0082T5\%V55-0M-EMISIT A 6 Eks"P.M MaME. TT 8110=1 kS3 PM OC SAN 22-03-19 } E N23'35'36"E 13.50' 6=62°20'28" R=46.00' L=50.05'� COURSE 2 4��0,68 R N51'15'08"E(RAD)PCC , 2 cr37°35'22" R=30.00' L=19.68' N76'20'14"W 12.10' 24' �p COURSE t 29' I. VARIES .-� 1 VO ® N N Cn -� a=90°00'00" R=5.00' L=7.85' N76'24'23"W 24.00' N76°24'23"W(RAD) F90*00'00" R=5.00' L=7.85 Na � c's r� rn� 5 2rn 9' W to N CA Cry g� 4S 24' � SEE SHEET 2 WHT SHEM SEE SHEET 4 �OF 4 EXHIBIT "B-25 A Emm= LEGAL DESCFWTM FOR INTERNATIONAL ORANGE COUNTY SANITATIONDISTRICT 5 Hutton Centre Drive,Suite 500 Y BRIDGE PUMP STATION Santa Ana,CA 92707 PARCEL -02(ACCESS (949)472-3505- MBAKERINTL.COM AUGUST 13, 2021 JN 163755 OC SAN 22-03-20 yLy s) SEE SHEET 3 SC�L� 29' t m 24 `T' '' (APCESS j EASEMENT) 19 N ` tr-20°27'26" GCSE 5 R=42.00' a=90°Oa'22" L=15.00' R=20.00; L= 6 31.42 CaURSE N55_57'19"W LRAD) N13`35'15'E 80.03' $o 9 .00, N1375'15"E 65.28' } 30 J CP K C C `- co :a N O p E'LY LINE OF PARCELS 2 AND 3 AND W'LY RIGHT-OF-WAY LINE OF BAYSIDE DRIVE PER P.M. o CA N NO. 93-111, P.M.B. 278/40-45 / L=63.1,2' " e�=08`13 09 0=74'00'00" R=440.00' L=568.28' ct �- BAYSIDEDRIVEa w a- w can — _ t 74°00'00" R=400.QD' L=516.62 V) R2}tLJ --� N10`02'29"E }59.86 SH 4 0=4 SiiEE EXHIBIT "B-2" TO ACCOWAW ry�g A ITITI0L ORANGE COUNTY SANITATIONDISTRICT 5 Hutton Centre Drive,Suite 500 Y BRIDGE PUMP STATION Santa Ana,CA 92707 PAR -02(ACCESS (949)472-3505- MBAKERINTL.COM AUGUST 13, 2021 JN 163755 OC SAN 22-03-21 EXHIBIT li if OC SAN 22-03-22 TEMPORARY ROAD EASEMENT ATTACHMENT TO LEGAL DESCRIPTION Parcel No.: 5-67-03 This non-exclusive temporary road easement shall be in, on, over, under, and across the real property described in Exhibit "C-V and depicted in Exhibit "C-2" attached hereto, subject to the Rights and Limitations of Use and Occupancy described herein ("Temporary Road Easement"). The Temporary Road Easement shall be used by the Orange County Sanitation District and its employees, agents, representatives, contractors, successors, and assigns (collectively, "OC San") in connection with the construction of the Bay Bridge Pump Station and Force Mains Replacement Project("Project"). The Temporary Road Easement shall be for a period of twenty- four(24) months, commencing after thirty (30) days' written notice as referenced herein. The owner(s) and occupant(s) of the real property subject to the Temporary Road Easement shall not construct any permanent improvements within the easement area that would impede OC San's rights as defined herein. Rights and Limitations of Use and Occupancy of the Temporary Road Easement: • OC San shall provide the owner(s) and occupant(s) of the property subject to this Temporary Road Easement a minimum of thirty (30) days' written notice as to when the term of the Temporary Road Easement will commence. • Reasonable pedestrian and vehicular access to the property shall be maintained at all times. • Improvements within the Temporary Road Easement will be removed as needed by OC San to allow for construction activities. Except as noted below, any and all improvements so removed shall be included in the compensation paid by OC San for this Temporary Road Easement. • Prior to termination of the Temporary Road Easement, OC San will repair or install functionally equivalent pavement material as necessary to restore the easement area to a similar condition as existed prior to commencement of the construction activities. • Upon the earlier of the expiration of the Temporary Road Easement period specified herein or the completion of the Project, OC San will record a Quitclaim Deed or otherwise release its interests in the Temporary Road Easement. OC San expressly reserves the right to convey, transfer, or assign the Temporary Road Easement subject to the same Rights and Limitations of Use and Occupancy described herein. i i 1 1598878.1 OC SAN 22-03-23 I EXHIBIT "C-1" 2 3 LEGAL DESCRIPTION 4 PARCEL 5-67-03 (TEMPORARY ROAD EASEMENT) 5 6 ORANGE COUNTY SANITATION DISTRICT 7 BAY BRIDGE PUMP STATION 8 9 That certain parcel of land situated in the City of Newport Beach, County of Orange State of 10 California, being that portion of Parcel 3 of Parcel Map No. 93-111 filed in Book 278, Pages 11 40 through 45 of Parcel Maps in the Office of the County Recorder of said Orange County, 12 described as follows: 13 COMMENCING at the easterly terminus of that certain course in the centerline of East Coast 14 Highway shown as "North 87°36'58" West 160.15 feet" on said Parcel Map No. 93-111, said 15 point also being marked with a "spike and washer tagged DOH per Caltrans F.B. SR. 16 81-115/11"per said Parcel Map No. 93-111; 17 thence along said centerline North 87°36'58" West 160.15 feet to the northwesterly terminus 18 thereof, said point also being marked with a"spike and washer tagged DOH per Caltrans F.B. 19 SR. 81-115/11"per said Parcel Map No. 93-111; 20 thence leaving said centerline at right angles North 02°23'02" East 85.94 feet to a line shown 21 as"North 87°36'16"West 123.34 feet"in the southerly boundary of said Parcel 3,said line also 22 being the northerly Right-of-Way line of East Coast Highway as shown on said Parcel Map No. 23 93-11 and also shown on a Caltrans Right-of-Way Map No. 25491-C for 07-ORA-1 18.3; 24 thence along said southerly line of Parcel 3 North 8736'16"West 6 5.10 feet to the intersection 25 of the southerly boundary of said Parcel 3 and the easterly line of Parcel 1 Dedicated to the 26 Orange County Sanitation District in a document recorded September 10, 1965 in Book 7661, 27 Page 741 of Official Records, in the Office of said Orange County Recorder, thence 28 North 13°39'41" East 71.32 feet; thence North 76°24'23" West 173.32 feet; 29 thence South 13°39'46" West 75.46 feet; 30 thence North 76°20'14" West 12.10 feet to the beginning of a tangent curve concave 31 northeasterly and having a radius of 30.00 feet; 32 thence along said curve northwesterly 19.68 feet through a central angle of 37°35'22" 33 to a point of compound curvature with a curve concave easterly and having a radius of 46.00 34 feet, a radial line of said curves from said point bears North 51°15'08" East; 35 thence along said curve northerly 17.34 feet through a central angle of 219603" to the TRUE 36 POINT OF BEGINNING; thence continuing northerly along said curve 32.71 feet through a 37 central angle of 40°44'26"; 38 thence North 2395'36" East 3.06 feet to a point of intersection with a non-tangent curve 39 concave northwesterly and having a radius of 25.00 feet, a radial line of said curve from said 40 point having a bearing of North 66024'24" West; Page 1 of 2 OC SAN 22-03-24 ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCEL 5-67-03(TEMPORARY ROAD EASEMENT) 41 thence along said curve southwesterly 39.27 feet through a central angle of 90'00'00"to a line 42 parallel with and 24.00 feet northwesterly from that certain line in the southerly line of said 43 Parcel 3 shown as "North 66'24"24" West 284.74 feet"on said Parcel Map No. 93-1111 44 thence along said parallel line North 66'24'24"West 433.07 feet; 45 thence South 2395'36" West 24.00 feet to said southerly line of Parcel 3; 46 thence along said southerly line of Parcel 3, South 66'2424" East 43.07 feet to the beginning 47 of a curve concave northwesterly and having a radius of 49.00 feet; 48 thence along said curve northeasterly 40.65 feet through a central angle of 47'32'07" to the 49 TRUE POINT OF BEGINNING. 50 51 CONTAINING: 1,87') Square Feet more or less. 52 53 EXHIBIT 11C-21' attached and by this reference made a part hereof, 54 55 56 57 N� LANd C 58 C. A 59 08/17/2021 60 Steven C. Slocum, P.L.S. 9044 Date 61 t�l Na 9044 62 Michael Baker International 63 5 Hutton Centre Drive, Suite 500 OF C NO 64 Santa Ana, California 92707 65 Project No. 1631755 66 H:\pdata\163755\CADD\Nlapping\Exhibits\Pump Station Legals and Exhibits\Legaf\163755-OOCI-Legal Road Easement Tdocx Page 2 of 2 OC SAN 22-03-25 RECORD WERENCES: R1 CALTRANS RIGHT-OF-WAY MAP NO, 25491-C. R2 PARCEL MAP NO. 93-111, P.M.B. 278/40-45. s�. BXy ItAARBOR CVjpNNEL P �a SPIKE AND WASHER "DOH" PER \� CALTRANS FB. 81-115/6 AND PM NO. � 93-111. P.M.B. 278/40-45 (9 O PARCEL 7 J (TEMPORARY ROAD EST) 53'39�'�, \ � 189 21`R2) � j PARCEL 5-67-02 BY SEPARATECCESS DOCUMENTEMENT) 06, SPIKE AND WASHER 2 "DOH" PER CALTRANS FB. 81-115/7 AND PM` NO. 93-1 11.278/40-5 \ [F=17°43'19" \ R=1014.00' o 3 L=313.64' Lo (R2) SPIKE AND WASHER "DOH" PER CALTRANS FB, 81-115/11 AND PM NO. 93-111. P.M.B. 278/40-45 / `' N87°36'58"Wl pj S� DRIVE 6 (R2) $6' �=518 62.R=4�.00'� P.O.C. bP03*27'22„ �10 a`R2 �RPC51 R=1002.00' �J L=60.44' EXHIBIT "C-2" (R2) SHEU 9£3F 3 SH 'i"S SKETMTOACCOMPMYA LEGAL FnM FOR SHEETINDEX I N T E R N A T I C N A L ORANGE COUNTY ITATI CT 5 Hutton Centre Drive,Suite 500 BAY BRIDGE PUMP STATION � INDICATES SHEET NUMBER Santa Ana;CA 92707 PARCEL -03 PCEASEMENT) (949)472-3505- MBAKERINTL.COM CONTAINING:1,87'3 S.F.MORE OR LESS AUGUST 13, 2021 JN 163755 \\t�xea>Fst.eaa. .OsN+mmV tAUs icAeul iF 1 teiTsi STATION LMRC AND SVMfTalt637 -EXHIWT FSAO£nssaa,T T.» XNNTE.8WLTT 8/151=1 4;48 FV OC SAN 22-03-26 i SEE SHEET 3 I A VARIES VARIES o �� 75.46'V513*39'46"W iCS .,- q S'LY LINE OF PARCEL 3 OF P.M. NO. 93-111, �xJ P.M.B. 278/40-45 AND N'LY RIGHT-OF-WAY v, LINE OF EAST COAST HIGHWAY PER CALTRANS cn rn RIGHT OF WAY MAP NO. 25491-C no O.C.S.D. PARCEL 5-67-01 z a (FEE) rn n (BY SEPARATE DOCUMENT) (J �.I y G+ v m c c N13°39'41"E 71.32' A v' } S'LY LINE OF PARCEL 3 OF PM NO. 93-111, P.M.B. 278/40-45 AND N'LY RIGHT-OF-WAY LINE OF EAST COAST v HIGHWAY PER CALTRANS RIGHT OF WAY MAP NO. 25491-C cp- SPIKE AND WASHER "DOH" PER CALTRANS FB. SR-81-115/11 9 s5 AND P.M. NO. 93-111. P.M.B. �2423'02 Q- 278/40-45 V p,�SES y PR1ES i 7 N SHEU 2 OF 3 VIEUS EXHIBIT "C-2" SPIKE AND WASHER "DOH" PER CALTRANS FB, SR-81-115/11 SKETCH TO ACCOMPANY AND P.M. NO. 93-111. LEGAL DEscRpnON FOR P.M.B. 278/40-45 INTERNATI 0 N A L ORANGE COUNTY SANITA11ON DISTRICT 5 Hutton Centre Drive,Suite 500 BAY BRIDGE PUMP STATION Santa Ana,CA 92707 x PARCEL. '03 MEN (949)472-3505• MBAKERINTL.COM AUGUST 13, 2021 JN 163755 \IRVIEAiF51.Eft. .tXFP�PEA0i�y0ATA\4RT7S\CJLYtNA'PIN6 iIBiTS\RkP STATIOV tEGA S APO EA+I8ITS\7GA55-=-EMISIT MAD EASSEW T.0% aWUE:PXMIT 8116/=1 cae E41 OC SAN 22-03-27 ! S23°35'36"W 24.00' S'LY LINE OF PARCEL 3 OF P.M. NO. 93-111, 24 .�� P.M.B. 278j40-45 AND N'LY RIGHT-OF-WAY z y LINE OF EAST COAST HIGHWAY PER CALTRANS RIGHT-OF-WAY MAP NO. 25491-Crn v �� 0� pc� o � s Cr u .a s 00 73° " N66°24'24W (RAD) cn N o, 5d,05 N23'35'36"E 3.06'� PARCEL 5-67-02 (ACCESS EASEMENT) (BY SEPARATE DOCUMENT) ®GJj \O&h N76°20'14W 12.10' N13°39'46"E 75.46' O.C.S.D. PARCEL 5-67-01 I (FEE) (BY SEPARATE DOCUMENT) SHa7 3 Of 3 SHEUS EXHIBIT a ® SEE SHEET 2 IEEE= SKEMHTOACCOMPANY LEGAL DE ON FM I N T E R N A T 1 0 N A L ORANGE COUNTY SANITATIONDISTRICT 5 Hutton Centre Drive,Suite 500 BAY BRIDGE PUMP STATION Santa Ana,CA 92707 PARCEL 7-03(TEMPORARY ROAD E (949)472-3505- MBAKERENTL.COM AUGUST 13, 2021 JN 163755 OC SAN 22-03-28 EXHIBIT " " OC SAN 22-03-29 TEMPORARY CONSTRUCTION EASEMENTS ATTACHMENT TO LEGAL DESCRIPTIONS Parcel Nos.: 5-67-04, -05, -06 These exclusive temporary construction easements shall be in, on, over, under, and across that certain real property described in Exhibit "D-I" and depicted in Exhibit "D-2" attached hereto, subject to the Rights and Limitations of Use and Occupancy set forth herein ("TCEs"). The TCEs shall be used by the Orange County Sanitation District and its employees, agents, representatives, contractors, successors, and assigns (collectively, "OC San") in connection with the construction of the Bay Bridge Pump Station and Force Mains Replacement Project ("Project"). The durations of the TCEs shall be as follows: • 5-67-04 — twenty-four (24) months, commencing after thirty (30) days' written notice as referenced herein; • 5-67-05 — twenty-four (24) months, commencing after thirty (30) days' written notice as referenced herein; and • 5-67-06 — forty-two (42) months, commencing after thirty (30) days' written notice as referenced herein. Rights and Limitations of Use and Occupancy of TCE: • OC San shall provide the owner(s) and occupant(s) of the property subject to each TCE a minimum of thirty (30) days' written notice as to when the term of that TCE will commence. • OC San may place a temporary fence around the TCE areas. • Improvements within the TCE areas will be removed as needed by OC San to allow for construction activities. Except as noted below, any and all improvements so removed shall be included in the compensation paid by OC San for the TCEs. • Prior to the termination of each TCE, OC San will remove from the TCE area all construction equipment and materials, including without limitation any temporary fence, temporary improvements, and all construction-related debris. Each TCE area will be graded and compacted, and OC San will repair or install functionally equivalent pavement material as necessary, to restore the easement area to a similar condition as existed prior to commencement of the TCE term. • Upon the earlier of the expiration of each TCE period specified herein or the completion of the Project, OC San will record a Quitclaim Deed or otherwise release its interests in the TCEs. OC San expressly reserves the right to convey, transfer, or assign the TCEs subject to the same Rights and Limitations of Use and Occupancy described herein. i i 1598864.1 OC SAN 22-03-30 1 EXHIBIT "D-1" 2 3 LEGAL DESCRIPTION 4 PARCELS 5-67-04,-05,-06 5 (TEMPORARY CONSTRUCTION EASEMENT) 6 7 ORANGE COUNTY SANITATION DISTRICT 8 BAY BRIDGE PUMP STATION 9 10 PARCEL 5-67-04 (TEMPORARY CONSTRUCTION EASEMENT) 11 12 That certain parcel of land situated in the City of Newport Beach, County of Orange State of 13 California, being that portion of Parcel 3 of Parcel Map No. 93-111 filed in Book 278, Pages 40 14 through 45 of Parcel Maps in the Office of the County Recorder of said County, described as 15 follows: 16 17 COMMENCING at the easterly terminus of that certain course in the centerline of the East Coast 18 Highway shown as "North 87°36'58"West 160.15 feet"on said Parcel Map No. 93-111,said point 19 also being marked with a"spike and washer tagged DOH per Caltrans F.B. SR. 81-115/11"per said 20 Parcel Map No. 93-111; 21 thence along said centerline North 87°36'58" West 160.15 feet to the northwesterly terminus 22 thereof, said point also being marked with a"spike and washer tagged DOH per Caltrans F.B. SR. 23 81-115/11"per said Parcel Map No. 93-111; 24 thence leaving said centerline at right angles North 02°23'02" East 85.94 feet to a line shown as 25 "North 8736'16"West 123.34 feet"in the southerly boundary of said Parcel 3,said line also being 26 the northerly Right-of-Way line of the East Coast Highway as shown on said Parcel Map No. 93- 27 11 and also shown on a Caltrans Right-of-Way Map No. 25491-C for 07-ORA-1 18.3; 28 thence along said southerly line of Parcel 3 North 8736'16" West 65.10 feet to the intersection of 29 the southerly boundary of said Parcel 3 and the easterly line of Parcel 1 Dedicated to the Orange 30 County Sanitation District in a document recorded September 10, 1965 in Book 7661, Page 741 of 31 Official Records,in the Office of said Orange County Recorder; 32 thence North 13°39'41" East 71.32 feet; thence North 76°24'23" West 76.10 feet hereinafter 33 referred to as COURSE 1 to a point hereinafter referred to as POINT"A";thence continuing along 34 said COURSE 1 North 76°24'23" West 97.22 feet; thence South 13"19'46" West 57.46 feet to a 35 point hereinafter referred to as POINT"B";thence South 13°39'46"West 22.37 feet to the TRUE 36 POINT OF BEGINNING; thence North 76'20'14" West 12.10 feet to the beginning of a tangent 37 curve concave northeasterly and having a radius of 30.00 feet; thence along said curve 38 northwesterly 19.68 feet through a central angle of 37°35'22" to a point of compound curvature 39 with a curve concave easterly and having a radius of 46.00 feet, a radial line of said curves from 40 said point bears North 51°15'08" East; thence along said curve northerly 17.34 feet through a 41 central angle of 2196'03" to an intersection with a non-tangent curve concave northwesterly and Page 1 of 3 OC SAN 22-03-31 ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCELS 5-67-04,-05,-06(TEMPORARY CONSTRUCTION EASEMENT) 42 having a radius of 49.00 feet, a radial line of said curve from said point bears North 23°56'31" 43 West; thence along said curve westerly 40.65 feet through a central angle of 47°32'07" to that 44 certain line in the southerly line of said Parcel 3 shown as"North 66°24'24" West 284.74 feet"on 45 said Parcel Map No. 93-111; thence along said southerly line of Parcel 3 South 66°24'24"East 46 81.42 feet to an intersection with a line passing through the TRUE POINT OF BEGINNING and 47 having a bearing of North 1399'46" East; thence North 13°39'46" East 4.37 feet to the TRUE 48 POINT OF BEGINNING. 49 50 CONTAINING: 401 Square Feet more or less. 51 52 53 PARCEL 5-67-05 (TEMPORARY CONSTRUCTION EASEMENT) 54 That certain parcel of land situated in the City of Newport Beach, County of Orange State of 55 California, being that portion of Parcel 3 of Parcel Map No. 93-111 filed in Book 278, Pages 40 56 through 45 of Parcel Maps in the Office of the County Recorder of said County, described as 57 follows: 58 BEGINNING at the hereinabove described POINT "B"; thence North 76°20'14" West 2.81 feet 59 to the beginning of a tangent curve concave northeasterly and having a radius of 22.00 feet;thence 60 along said curve northwesterly and northerly 38.37 feet through a central angle of 99°55'50";thence 61 tangent from said curve North 23°3 5'36" East 16.22 feet to the beginning of a tangent curve concave 62 southeasterly and having a radius of 25.00 feet; thence along said curve northeasterly and easterly 63 34.91 feet through a central angle of 80°00'01" to a line parallel with and 5.00 feet northerly of the 64 northerly line of hereinabove described Parcel 5-67-04(Temporary Construction Easement);thence 65 tangent from said curve and along said parallel line South 76°24'23" East 65.30 feet to the 66 beginning of a tangent curve concave southwesterly and having a radius of 5.00 feet;thence along 67 said curve southeasterly and southerly 7.85 feet through a central angle of 90°00'00" to the 68 hereinabove described COURSE l; thence along said COURSE 1 North 76°24'23" West 73.22 69 feet to a line passing through hereinabove described POINT "B" and having a bearing of South 70 13°39'46" West; thence along said line South 13°39'46" West 57.46 feet to the POINT OF 71 BEGINNING 72 73 CONTAINING: 1,588 Square Feet more or less. 74 75 76 PARCEL 5-67-06 (TEMPORARY CONSTRUCTION EASEMENT) 77 That certain parcel of land situated in the City of Newport Beach, County of Orange State of 78 California, being that portion of Parcel 3 of Parcel Map No. 93-111 filed in Book 278, Pages 40 79 through 45 of Parcel Maps in the Office of the County Recorder of said County, described as 80 follows: Page 2 of 3 OC SAN 22-03-32 ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCELS 5-67-04,-05,-06(TEMPORARY CONSTRUCTION EASEMENT) 81 BEGINNING at the hereinabove described POINT "A"; said point being on a curve concave 82 southeasterly and having a radius of 5.00 feet,, a radial line of said curve to said point having a 83 bearing of South 76'24'23" East; thence along said curve northeasterly and easterly 7.85 feet 84 through a central,angle of 90'00'00" to a line parallel with and 5.00 feet northerly of the northerly 85 line of hereinabove described COURSE 1; thence tangent from said curve South 76'24'23" East 86 68.10 feet to the beginning of a tangent curve concave southwesterly and having a radius of 8.00 87 feet; thence along said curve southeasterly 9.49 feet through a central angle of 67'5832" to the 88 intersection of the easterly prolongation of the hereinabove described COURSE 1; thence non- 89 tangent from said curve and along the easterly prolongation of said COURSE 1 and along said 90 northerly line North 76'24'2') West 80.51 feet to the POINT OF BEGINNING. 91 92 CONTAINING: 387 Square Feet more or less. 93 94 EXHIBIT "D-2" attached and by this reference made a part hereof 95 96 97 NL LA 98 C-) C. S1 99 <�> CL 100 101 08/17/2021 No. 9044 102 103 Steven C. Slocum, P.L.S. 9044 Date OF C N\-\ 104 105 Michael Baker International 106 5 Hutton Centre Drive, Suite 500 107 Santa Ana, California 92707 108 Project No. 163755 109 H:\pdata\163755\CADD\MappineExhibits\Pump Station Legals and ExhibitsTega1\163755-00131-Legal Construction Easement T.docx Page 3 of 3 OC SAN 22-03-33 �RE� REFERENCES: R1 CALTRANS RIGHT-OF-WAY MAP N0. 25491-C. R2 PARCEL MAP NO. 93-111, P.M.B. 278/40-45. Qua t4EVvPORT uppER ° �'�g, LA P V \ \ � o �Go PARCEL 5-67-04 �\ N69°5' z�' (R2) PARCEL 7-05 \ '&�0 \ \ aPARCEL 5-67-06 \ a=17°43'19" \ R=1014.00' L=313.64' (R2) SPIKE AND WASHER r "DOH" PER CALTRANS FB. 81-115/11 AND PM NO. 93-111, P.M.B. 278/40-45 N87'36'58"W $p(S1DE DRIVE PARCEL \160(R2) 4"04'6 62 R- PARCEL 5-67-04: 401 S.F. P.O.C. PARCEL 5-67-05: 8 PARCEL t PARCEL 5-67-06: 13877 S.F. 1, n=03'27'22" R=1002.00, �yp5 L=60.44' SHEET I OF 4 SHEETS EXHIBIT "D-2fi (R2) SKErCH TO ACCOMPANY NA f lr LEGAL DESCRFrM FOR SHEETINDEX INTER N ATI0NAL ORANGE COUNTY SANITATIONDISTRICT 5 Hutton Centre Drive,Suite 500 MAY BRIDGE PUMP STATION � INDICATES sHEEr r BFR Santa Ana;CA 92707 PAR , ,a (949)472-3505• MBAKERINTL.COM (TEMPORARY CONSTRUCTION EASEMENT) AUGUST 13, 2021 Jn 163755 \UKV'ICAti51.W.WXOC P. TWTA\t YM\C%M\WMM\MnBITS'\w STATION IMN N41 EWIBLlS�163755-f1IXT1-E`.iiHiT C( C.TIQ'EA47 Slf T.L:'; OME.aWE7T 8l16/2021 k48 PM OC SAN 22-03-34 SEE SHEET 3 -a 00 v PARCEL 5-67-04y N SEE SHEET 3 N n � VARIES VARIES I g T C3 z cat i P.O.B. ( 18' PARCEL 5-67-05 f 57.46' cn-a S66'24'24"E 8.72' 22"37 79.83 c-3 S13'39'46"W rn cs T. . . 'l (R2) S73'06'54"E 43.65' PARCEL 5-67-04 9 cQn i S'LY LINE OF PARCEL 3 OF P.M. NO. 93-111, m P.M.B. 278/40-45 ND N'LY RIGHT-OF-WAY LItvE O.C.S.D. PARCEL 5' C �; a OF EAST COAST HIGHWAY PER CALTRANS RIGHT 5-67-01 (FEE) z n OF WAY MAP NO. 25491-C (BY SEPARATE >N r I DOCUMENT) N n-s A i (R2) S83'06'23"E 60.83' �� N ! z o z�N N � POINT " " PARCEL 5-67-06 ZN �L 1p Pi mn N13'39'41"E 71,32'cr a S'LY LINE OF PARCEL 3 �OF PM 93-111, 0 P.M.B. 278/40-45 AND N'LY RIGHT-OF-WAY o LINE OF EAST COAST HIGHWAY PER CALTRANS U a RIGHT OF WAY MAP NO. 25491-C rn S V ARIc 5 SPIKE AND WASHER "DOH" PER - CALTRANS FB. SR-81-115/11 l - AND P.M. NO. 93-111. P X B. f- 278/40-45 y�e 2Of4S c's w SKETCH MACCOMPMYA LEGAL DESCRFnON FOR PARCEL 1 INTERNATIONAL ORANGE COUNTY SANITATIONDISTRICT SPIKE AND WASHER "DOH" PER 5 Hutton Centre Drive,Suite 500 BAY BRIDGE PUMP STATION CALTRANS FB. SR-81-115/11 Santa Ana,CA 92707 AND P.M. 93-11 i. P 949 472-3505- MBAKERINTL.CQM ''fie P.M.B. 278/8/40-45 � � ON EASEMENT) AUGUST 13, 2021 JN 163755 Uc�ia,Fs,. axvsmottpcn=a\,6stss1c 1 , 1os+tens�wa SATICt LE6MSS AM DHIGM\W,56-� -C601T COMt IM EksDeg r.W OC SAN 22-03-35 ME.801M 6/16/=i 4,46 Aft S'LY LINE OF PARCEL 3 OF P.M. 'O NO. 93-111, P.M.B. 278/40-45 �� AND N'LY RIGHT-OF-WAY LINE OF C EAST COAST HIGHWAY PER CALTRANS RIGHT-OF-WAY MAP NO. 25491-C r} a sy PARCEL - ps . 1'1� SRR49' (TEMPORARY CONSTRUCTION N2556 31 Wt EASEMENT) 401 S.F. \> A v G •c vti PARCEL 5-67-02 cb (ACCESS EASEMENT) (BY SEPARATE DOCUMENT) v r'a rri \jS tlCc N o \ 9 CD Ae N76°20'i4"W 12.10' 1 a ° . . PARCEL 1 N13°39'46"E 4,37' O_C.S.D. PARCEL 5-67-01 (FEE) (BY SEPARATE DOCUMENT) SEE SHEET 2 SEE SHEET 4 3diaT 3 OF 4 SHa78 LEGAL DESCRP710N FOR I N T E R N A T 1 0 N AL ORANGE COUNTY SANITATIONDISTRICT S Hutton Centre Drive,Suite 500 Y MDGE PUMP STATION Santa Ana,CA 92707 j PARCELS (949)472-3505- MBAKERINTL.COM (TEMPORARY CONSTRUCTION EASEMENT) AUGUST 13, 2021 JN 163755 OC SAN 22-03-36 z SEE SHEET 3 N23`,35'36"E .a g`7 Oa 16.22' 0. 00°PARCEL 5-67-05 C� (TEMPORARY CONSTRUCTION EASEMENT) 1588 S.F. f0 N76°20'14"W 2.81' ---g.- S13°39'46"W 57.46' � J, I 24' P.O.B. PARCEL 5-67-05 a, w m� O.C.S.D. PARCEL 5-67-01 (FEE) '" tQ m >mi (BY SEPARATE DOCUMENT) Ln tQ v N C. g N76°24'23"W (RAD) W-g0°00'00° — — — — R=5.00; SEE BOTTOM RIGHT L-7•85 � N PARCEL � o � N76°24'23"W (RADA LA. 5-67-06 °a J. 00 nz R=5.00' N1 " " P.O.B. "CO(JRSE 1" PARCEL 5-67-06 5' 24' i 1 &--67°58'32 H R=8.00' ri N81°34'09"E LRAD)/ L=9.49' `e Cn N m L OD N a O 6D m PARCEL M7M Va7 SHEEM EXH (TEMPORARY CONSTRUCTION EASEMENT) .< SKEtCHMACCOMPANYA 387 S.F. I N T E R N A T 1 0 N A m ORANGE COUNTY ITAT DISTRICT ` 5 Hutton Centre Drive,Suite 500 SAY BRIDGE PUMP STATE � � � Santa Ana,CA 92707 (TEMPORARY P S , SEE MIDDLE LEFT (949)472-3505• MBAKERINTL.COM l'EM Y CONSTRUCTIONM AUGUST 13, 2021 JN 163755 OC SAN 22-03-37 EXHIBIT " Ell OC SAN 22-03-38 PERMANENT UTILITY EASEMENTS (SEWER) ATTACHMENT TO LEGAL DESCRIPTIONS Parcel Nos.: 5-67-07 & -08 These permanent utility easements shall be in, on, over, under, along, and across that certain real property described in Exhibit "E-1" and depicted in "E-2" attached hereto, subject to the rights and limitations described herein ("Utility Easement"). The Utility Easement shall be used by the Orange County Sanitation District, and its employees, agents, representatives, contractors, successors, and assigns (collectively, "OC San") to install, construct, reconstruct, enlarge, lay, alter, operate, patrol, remove, replace, repair, relocate, and maintain, as applicable, underground sanitary sewer facilities and their appurtenant fixtures and equipment in, on, over, under, along, and across the strip of land described and depicted in Exhibits "E-1" and "E-2" attached hereto ("Easement Area"). OC San shall have free access to said facilities within the Easement Area and every part thereof at all times over and along the strip of land described and depicted within Exhibits "E-V and "E-2" attached hereto. The owner(s) and occupant(s) of the real property subject to the Utility Easement shall have the right to any uses of the Easement Area that do not directly or indirectly interfere with or endanger OC San's exercise of the rights described herein, including the right to pave the Easement Area and to use the Easement Area for pedestrian and automobile access, parking purposes, and agricultural or landscaping purposes excepting vegetation that endangers the integrity of the sanitary sewer facilities placed therein; provided, however, that OC San shall have the right to clear and keep clear from the Easement Area all explosives, buildings, structures, walls, and other facilities of a permanent nature that interfere with OC San's use of the Utility Easement. The owner(s) and occupant(s) of the real property subject to the Utility Easement shall not construct, nor permit others to construct, any permanent improvements that conflict with OC San's ability to use the Utility Easement. No other easement or easements shall be granted on, under, over, or within the Easement Area without OC San's previous written consent, which consent shall not be withheld unreasonably. The rights and obligations of OC San and the owner(s) of the real property subject to the Utility Easement shall run with the land and be binding upon and/or inure to the benefit of their respective heirs, successors, and assigns. OC San expressly reserves the right to convey, transfer, or assign the Utility Easement subject to the same rights and limitations described herein. i 1598880.1 OC SAN 22-03-39 1 EXHIBIT "E-1" 2 3 LEGAL DESCRIPTION 4 PARCELS 5-67-07,-08 (SEWER EASEMENT) 5 6 ORANGE COUNTY SANITATION DISTRICT 7 BAY BRIDGE PUMP STATION 8 9 10 PARCEL 5-67-07 (SEWER EASEMENT) 11 That certain parcel of land situated in the City of Newport Beach, County of Orange State of 12 California, being that portion of Parcel 3 of Parcel Map No. 93-111 filed in Book 278, Pages 40 13 through 45 of Parcel Maps in the Office of the County Recorder of said County described as 14 follows: 15 16 COMMENCING at the easterly terminus of that certain course in the centerline of the East Coast 17 Highway shown as "North 69°53'39" West 189.27 feet" on said Parcel Map No. 93-111, said 18 point also being marked with a spike and washer tagged "DOH per Caltrans F.B. SR. 81-115/7" 19 per said Parcel Map No. 93-111; 20 thence along said centerline North 69°53'39" West 189.27 feet to the northwesterly terminus 21 thereof and the beginning of a tangent curve concave southwesterly and having a radius of 22 1200.00 feet, said point also being marked with a spike and washer tagged "DOH per Caltrans 23 F.B. SR. 81-115/6"per said Parcel Map No. 93-111; 24 thence northwesterly along said curve 61.23 feet through the central angle of 02°55'25" to the 25 intersection with that certain course shown as"North 23'46'13"East 140.00 feet"in the southerly 26 boundary of said Parcel 3 of Parcel Map No. 93-111; 27 thence along said southerly boundary of Parcel 3 South 23°46'13"West 62.18 feet; 28 thence continuing along said southerly boundary South 01°03'54" East 24.08 feet to a point 29 hereinafter referred to as POINT"A"; 30 thence continuing along said southerly boundary South 88°12'39" West 2.79 feet to the 31 intersection with the northerly line of Grant of Easement to the County Sanitation District No. 5 32 of Orange County in a document recorded September 5, 1984 as Instrument No. 84-370459 of 33 Official Records in the Office of said Orange County Recorder; 34 thence along said northeasterly line and the northwesterly prolongation thereof North 69°55'48" 35 West 115.05 feet to a point on the northerly line of Grant of Easement to the County Sanitation 36 District No. 5 of Orange County in a document recorded April 16, 1971 in Book 9609 Page 364 37 of Official Records in the Office of said Orange County Recorder, and to the TRUE POINT OF 38 BEGINNING; 39 thence along said northerly line South 88°13'10" West 141.63 feet, hereinafter referred to as 40 COURSE 1,to the line of mean high tide as decreed in a Superior Court Case No.20436 recorded Page 1 of 3 OC SAN 22-03-40 ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCELS 5-67-07,-08 (SEWER EASEMENT) 41 May 6, 1926 in Book 651, Page 72 of Deeds in the Office of said Orange County Recorder and 42 to the northwesterly line of said Parcel 3; 43 thence along said northwesterly line of Parcel 3 North 26°04'54"East 22.62 feet to a line parallel 44 with and 20.00 feet northwesterly of hereinabove described COURSE 1; 45 thence along said parallel line North 88°13'10" East 44.56 feet to the southerly line of 46 Parcel 70045-7 described by Amended Final Order of Condemnation recorded March 22, 1984 47 as Instrument No. 84-118950 of Official Records in the Office of said Orange County Recorder, 48 thence along said southwesterly line South 80°47'04" East 56.34 feet to an angle point thereof, 49 thence South 75'15'14" East 32.53 feet to hereinabove described COURSE l; 50 thence along said COURSE 1 South 88'13'10" West 46.76 feet to the TRUE POINT OF 51 BEGINNING. 52 53 54 CONTAINING: 1,950 Square Feet more or less. 55 56 57 58 59 60 61 PARCEL 5-67-08 (SEWER EASEMENT) 62 That certain parcel of land situated in the City of Newport Beach, County of Orange State of 63 California, being that portion of Parcel 3 of Parcel Map No. 93-111 filed in Book 278, Pages 40 64 through 45 of Parcel Maps in the Office of the County Recorder of said County, described as 65 follows: 66 67 BEGINNING at the hereinabove described POINT "A"; 68 thence along the southerly boundary of said Parcel 3 South 88°12'39" West 2.79 feet to the 69 intersection with the northeasterly line of Grant of Easement to the County Sanitation District No. 70 5 of Orange County in a document recorded September 5, 1984 as Instrument No. 84-370459 of 71 Official Records in the Office of said Orange County Recorder; 72 thence along said northerly line and the northwesterly prolongation thereof North 69°55'48"West 73 82.81 feet hereinafter referred to as COURSE 2, to the southeasterly line of Grant of Easement 74 to the County Sanitation District No. 5 of Orange County in a document recorded April 16, 1971 75 in Book 9609 Page 364 of Official Records in the Office of said Orange County Recorder; 76 thence along said southeasterly line North 88°13'10" 17.15 feet to an angle point thereof, 77 thence continuing along said southeasterly line South 82°41'29"East 39.01 feet to a line parallel 78 with and 15.00 feet northeasterly from heremabove described COURSE 2; 79 thence along said parallel line South 69°55'48"East 26.03 feet to that certain line in the southerly 80 boundary of said Parcel 3 shown as "North 01°03'54" West 24.08 feet"; Page 2 of 3 OC SAN 22-03-41 ORANGE COUNTY SANITATION DISTRICT BAY BRIDGE PUMP STATION PARCELS 5-67-07,-08 (SEWER EASEMENT) 81 thence along said southerly boundary South 01°03'54" East 14.97 feet to the POINT OF 82 BEGINNING. 83 84 CONTAINING: 890 Square Feet more or less. 85 86 EXHIBIT "E-2 attached and by this reference made a part hereof. 87 88 �yNL LA89 MS C. 90 91 92 *�` 93 081l 7/2021 No. 9044 94 Steven C. Slocum,P.L.S.9044 Date 95 96 Michael Baker International 97 5 Hutton Centre Drive, Suite 500 98 Santa Ana, California 92707 99 Project No. 163755 100 H:\pdata\163755\CADD\Mapping\Fxhibits\Pump Station Legals and Exhibits\Legal\163755-OOEI-Legal Sewer Easement P.docx I i I i Page 3 of 3 OC SAN 22-03-42 REFERENCES:RECORD R1 CALTRANS RIGHT-OF-WAY MAP NO. 25491--C. R2 PARCEL MAP NO. 93-111, P.M.B. 278/40-45. R3 DOCUMENT RECORDED SEPTEMBER 10, 1965 IN BOOK 7661, PAGE 741 OF OFFICIAL RECORDS. R4 GRANT OF EASEMENT TO THE STATE OF CALIFORNIA RECORDED MARCH 22, 1984 AS INSTRUMENT NO. 84-118950, OF OFFICIAL RECORDS. R5 PARCEL MAP NO. 93-206, P.M.B. 289/1-7. p T ten. pang �� p 7 aA ?Qa r Z .o 05.46'13 PR L g,S_1A1 dl P M x, \ ' \ 62.IS' 95 a `SDcr� a1`1 1 P M � r PARCEL AREAS: \ t PARCEL 5-67-07: 890 S.F. PARCEL 5-67-08: 1950 S.F. SHM'I OF 2 SHEUS EXHIBITSKE`rM>� n WA LEGAL DESCRFrM FOR SHEET INDEX N T E R N A T 1 0 N A L ORANGE COUNTY SANITATION DISTRICT 5 Hutton Centre Drive,Suite 500 Y BRIDGE PUMPSTATION L"J Ir�ICATES SHEET R Santa Ana,CA 92707 PARCELS W-07,a(SEA EASEMENT) (949)472-3505- MBAKERINTL.COM AUGUST 13, 2621 JN 163755 \laavtc irs. anPwrAtte can vt�ieaust nse srarsa LENS AM o3+iens\lW��2-EX41BIT t T P.= os�a�e.ars s1�c�mz,+:5, OC SAN 22-03-43 M CD t� I O7 0 1— z Mcm "- Q N _ o c„ _.-_-- s. fn C M l G4 I 25491-C 07-ORA-1 �n ui a' MAP N0 278/40-45 u, SEE SHEET 1 RIW ( P I CALTRANS P.M.B. AND P.M. ND. 93-111, � I W N I cD W > W LJ _ co Ic . O - p cD ° ti7 O n1 OF DRAINAGE ° ui o 5 L g AMENDED FINAL `rn M c�C°r, — — EASEMEN ° _�_ c1DEMNAT lON PER __ _---0 a_ ORDER OF 84-118950, O.R. — — �_ - — v>_ - INST. N0. Sg0`47'04"E 56.34 /� — _ o 4S �& 56 ° N69°55'48"W 115.05' NS8 � Nil 63 32.-- 82.81' (269.25' / w SASE 9q 8 �41• CN COURSE 2 .✓ NE{ sERQ �o o �SFWE9S , , W �� - - - - - - — N6958`40"WR5) 82.81 ° SE N69°55'48"W ' 2�g L1 P� Si-h10, o N S GO c �2 z / agAetOE � 2�2 R51co ED r SANI�PT �QAS O V ' Q coo, �/' /11 EASA QF �QS1� EASE 0• �RJ �� "' va SANZT A P ACE�6 04 L SpUTN�g�yp�R AR N©• 9� �1�, �t trS f8�°O'AS SAP !k R 9 Lp 2 § Lu Q w Wim 1 9 ATTACHMENT "B " Attachment B LOCATION MAP ^� W 17th St W 17;h S1 - E 1 y s!a a P¢ y94rao $kj�r d ° AlcpPo St yBar `P¢ leih Fry a`4 a� � c� lam a o1P Arroyo Corona Del Mar N N m OgP !P 9 0-. �� "� High School0 i Newport Bluffs Q W 161h St W 164h St 55 fr'!6/hs J616gr ! �c a iP� 5 Vivian In d far Vista Or QD r6¢ Campan: �'¢ °A �, ; Big Canyon T o do d' 9' production PI a �° _ q- °+,or cad arinel9w �� s a _ ya 6 Mingo Dl �a�on �3 rk© PS Pe tio"` 'ter _ z pd eonitaG r N 5a`a O e O c B aay5,r cQa a$ `Pz Newport Heights aPs vS e D� 'O�¢¢ cP"y°n o 0Elementar 1113 Y q o e F ¢ Park Newport Apartments a. Hoag Memorial R.+°° Hospital Presbyterian© ,2P�\°a01 sk;f S0 oP m "r, ,r o ■ �aa�a�r a o, p¢aac o j Pa °"°p„� o \a� �aw.0 BIG CANYON rt Beach,CA Clin o sa"raA�a. Bay Bridge Pump z o Station sion Si sa°°'"J1't,,D, % ® % Pb v GQnler pr Po `,yy C5 a .t,a.,e..n k Hyatt Regency c Newport Beach a0 D r;-e of vP Newport Beach �ipyrM1 m �,. Marriott Hotel B Spa© N E W PO RT Prs CENTER San NC �,a Linda Island Coney Island oras� Harbor Vie. We6t Ltdo .o ark 1 Linda Isle Back Bay _ $ s„V `o Channel a Lowe) View Park Promontory vrroq - O a� ta;h si _�' �'�> o!G Newport Bay Y - Nawpo Q' Lido Peninsua Nepo o Point Lido lsfe O' 0, t uet °5 Promontory Newport Beach Dr 05anM9 8 0Y ovr Country Club c o r d Harbor Island o y arm. ea Ah,,,P �9+aowra a 0 c"'C Cenrer DrF� 4- Abraham Lincoln r,cnreatn ° Elementary School Seaside Donuts Bakery Beacon Bay Dory Fishingo © BALBOA Lfdo late M1 as°r'�-•� q°w�q o Fleet Market PENINSULA Reach Newpo Newport Beach Pwro1 Newport Beach Vy l3a Bay Island Balboa Island i `D'• i Seallrr0 C° Municipal Beach /boa yrvd NU'rr 4vc. o,-,°dq^ r'ark Ave park Aver I '—' ^�a°j e p�6F R ivy s.,& V/Ualhoa g! SB.,rron; P cP man a0 o p PaP¢ p d y�, a 1 Balboa Fun Zone(D ()Balboa Pavilion 9ai6 pie°c Jasmine 8 e View Park \ver Way Balboa Peninsula Park °agra o r' �A/ u+ /V - ¢ n Harbor Island Feurg,. Gorona ON s e¢ ,y ¢ odes .,Rhrr Mar Bend B s rq`a pf" Balboa E Balboa Blvd Balboa Piero Peninsula Fasr O°an For V1 't` ah DEL MAR 2"aga 94" ATTACHMENT " C " Attachment C AERIAL PHOTO WITH PUMP STATION AND FORCE MAINS i' PARK PROPOSED PUMP STATION POINTS OF , CONNFCTION TO NEW POINTS OF GONNFCTION - �. r TO EXIST HDPE SFM �� � BACK BAY �a I DISCHARGE PIPING '`�Rf NDING i7 --- , 14!R�-fir I— EXIST PS 7 �,� Pi _� — - - CALTRANS R-700' _ USAGE 11 R=700' r - R-800 Ir 80r —i 1 /` 15' PC PC PIC TUNNEL SHAFT 70r ^I 94r 23'x15'OR 30,DIA iEXIST VALVE ABANDONED i _ VAJLT \ DOCK RF.CFIVING SHAFT EXIST DUAL 24' 20'c14'OR 15' SEWER FORCE MAINS j DIAMETER 1 �, POINTS OF CONNECTION �—ABANDONED TO EXIST 36'DIP SFM BRIDGE PALMO INJESTMENTS BACK BAY LOWER NEWPORT BAY CHANNEL LANDING IRVINE COMPANY ' dF 7 R 6 LEGEND — STREET CEN-ERLINE n� 0 — — RIGHT-OF-WAY BOUNDARIES z �y ----z+sscMlo� EXISTING OCSD FORCE MAIN ORANGE COUNTY SANITATION DISTRICT OPEN TRENCH(LAND SIDE) BAY BRIDGE PUMP STATION REPLACEMENT PROJECT NO.547 - MICROTUNNELING ALTERNATIVE 3A 0 1ar 20C O EXISTING AND PROPOSED EASEMENT MICROTUNNELING PLAN Scab.I in 10Dn (800'AND 700'RADIUS CURVES) La ARCADIS AESCOM �„tl� 3-27 4 r s 14 i elf ilia ... r` - NOW - ATTACHMENT ?'D " Attachment D AIAP OF PROPOSED ACQUISITIONS o \ BAY HARBOR NEWPORT -9L5, CHANNEL UPPER BAY \C-) �N PARCEL 5-67-07 (SEWER EASEMENT) — .O PARCEL 547-M `(SEWER EASEMENT) \ j wo PARCEL 547-03 gc� (TEMPORARY ROAD EASEMENT) C1> �F PARCEL W-04 .o \ (TEMPORARY CONSTRUCTION EASEMENT) PARCEL W-05 (TEMPORARY CONSTRUCTION EASEMENT) PARCEL 547412--- \�� (ACCESS EASEMENT) .O PARCEL 5-07-01 �� `boa, / (FEE)\ OF PARCEL 5.67-06 11-3 (TEMPORARY CONSTRUCTION EASEMENT) PARCEL 5-67-02 PARCEL AREAS \ (ACCESS EASEMENT) PARCEL NO.: USE: AREA: 5-67-01 FEE 9,713 S.F. 5-67-02 ACCESS EASEMENT 16,415 S.F. 5-67-03 TEMP. ROAD EASEMENT 1,873 S.F. 5-67-04 TEMP. CONSTR. ESMT. 401 S.F. 5-67-05 TEMP. CONSTR. ESMT. 1,588 S.F. YSPE DRIVE 5-67-06 TEMP. CONSTR. ESMT. 387 S.F. Vr r —� 5-67-07 SEWER EASEMENT 1,950 S.F. 5-67-08 SEWER EASEMENT 890 S.F. / SHEET I OF 1 SHEET EXHIBITMichael Baker , INTERNATIONAL ORANGE COUNTY SANITATION DISTRICT 5 Hutton Centre Drive,Suite 500 BAY BROGE PUMP STATION Santa Ana,CA 92707 ACQUISITION PARCELS (949)472-3505 MBAKERINTL.COM AUGUST 17, 2021 JN 163755 K V1XTAWM\QVWWMWV)M1Tsduc srerta LEGXS NO DW8rTS\W7X,-0M-C 4 KG TABLUiMM OWE.WOUT e/n/MV x n fY ATTACHMENT " E " ATTACHMENT E Correspondence/Contact Summary Resolution No. OC SAN 22-031 Date Reason for Contact 05/27/21 OC San sent Notice of Decision to Appraise to property owner. 07/06/21 OC San's counsel and appraiser met with property owner and legal representatives to discuss appraisal process,review proposed acquisition area, discuss owner's development plans, and inspect subject property. 09/07/21 OC San sent Offer Packet via certified mail to property owner. 09/08/21 OC San's counsel sent courtesy copy of Offer Packet to property owner's counsel via email. 09/09/21 Property owner's counsel confirmed receipt of Offer Packet. 09/13/21 OC San receives signed receipt for certified Offer Packet. 09/14/21 Property Owner's counsel contacted OC San's counsel to discuss project timing and possibility of early mediation. 09/24/21 OC San's counsel sent email to property owner's counsel regarding possible early mediation and requesting further information relating to same. 10/15/21 OC San sent Notice of Intent to Adopt Resolution of Necessity at Hearing of November 17,2021,to property owner via first class mail(courtesy copy sent to property owner's counsel via email). 10/16/21 Property owner's counsel sent OC San's counsel email proposing to continue Resolution of Necessity Hearing to allow private mediation. 10/19/21 OC San's counsel sent property owner's counsel email regarding possible continuance of hearing on Resolution of Necessity and seeking clarification on logistics for private mediation. 10/19/21 Property owner's counsel responded to OC San's counsel's email regarding logistics of possible private mediation. 1 The communications referenced in this contact log are not intended to be an exhaustive list of all contacts by and between OC San and the property owner or their representatives concerning the proposed Project. Rather,the communications herein listed refer only to those contacts occurring from the date OC San provided its Notice of Decision to Appraise correspondence to the property owner. OC San and the property owner have a long history of communications over the past several years regarding Project placement and design criteria. Those communications are already included in the record of the administrative process. This log is intended to supplement those earlier communications. Page 1 of 3 1653570.1 ATTACHMENT E 10/20/21 OC San's counsel called property owner's counsel to further discuss continuing November 17, 2021,Resolution of Necessity Hearing and logistics of private mediation. 10/27/21 OC San's counsel emailed property owner's counsel to advise him that Resolution of Necessity Hearing of November 17,2021,was to be continued to allow private mediation to proceed. 10/28/21 OC San's counsel sent property owner's counsel a follow-up email confirming the Resolution of Necessity Hearing of November 17,2021, was being continued to a date in late January 2022. 10/28/21 Property owner's counsel sent email of available mediation dates to OC San's counsel. 11/01/21 OC San sent notice of continuance of Resolution of Necessity Hearing from November 17,2021,to January 26,2022,to property owner via first class mail(courtesy copy emailed to property owner's counsel). 11/01/21 Property owner's counsel sent email to OC San's counsel, acknowledging receipt of notice of continuance of Resolution of Necessity Hearing, and reserving right to appear and be heard at the continued hearing. 11/01/21 OC San's counsel sent email to property owner's counsel regarding available dates for mediation. 11/02/21 Property owner's counsel sent email to OC San's counsel confirming December 13,2021, as the scheduled mediation date. 11/18/21 OC San's counsel received email from mediation services organization regarding mediator's unavailability for December 13,2021,mediation and proposing new dates. 11/19/21 Property owner's counsel sent email confirming availability for new mediation date of December 20,2021. 11/23/21 OC San's counsel sent email confirming availability for new mediation date of December 20,2021. 12/20/21 Private mediation conducted. 12/20/21 OC San sent Notice of Intent to Adopt Resolution of Necessity at Hearing of January 26,2021,to property owner via first class mail. 12/31/21 OC San's counsel sent email to property owner's counsel forwarding courtesy copy of Notice of Intent to Adopt Resolution of Necessity at Hearing of January 26, 2021. 01/05/22 Property owner's counsel sent letter via email to Clerk of the OC San Board copied to OC San's counsel objecting to the proposed Resolution Page 2 of 3 1653570.1 ATTACHMENT E of Necessity and invoking right to appear and be heard at January 26, 2022,hearing. 01/05/2022 OC San's counsel and property owner's counsel conducted further communications with mediator regarding ongoing negotiations. 01/11/2022 OC San's counsel spoke with mediator telephonically regarding continued negotiations. Page 3 of 3 1653570.1 ATTACHMENT " F" ATTORNEYS AT LAW 18101 Von Karman Avenue Suite 1800 ( ,CA# NOSSAMANLLP Tvine 949.33.7800 2 F 949.833.7878 Bradford B.Kuhn D 949.477.7651 bkuhn@nossaman.com VIA FEDEX AND U.S. MAIL January 5, 2022 Orange County Sanitation District Clerk of the Board of Directors 10844 Ellis Avenue Fountain Valley, CA 92708 Re: Orange County Sanitation District's("OC San")January 26, 2022, Resolution of Necessity(RON) Hearing: Demand to(i) Cancel the Improper RON Hearing,or if OC San Proceeds with the RON Hearing, (ii)Appear and Be Heard Dear Board Members: This firm represents Bayside Village Marina LLC, a California limited liability company("BVM"), owner of the property located at 300 E. Coast Highway and 100 N. Bayside Drive, Newport Beach, California 92660, bearing Assessor Parcel Number 440-132-60 ("Property'). This responds to the Orange County Sanitation District's notice of intent to adopt a resolution of necessity(RON),which notice was mailed to our client, BVM,on December 20, 2021, authorizing the condemnation of portions of the Property for expansion of the Bay Bridge Pump Station ("BBPS"). For the reasons set forth in this letter, BVM demands that OC San immediately cancel the improper RON hearing. If OC San proceeds with the RON hearing, BVM requests (i)the opportunity to appear and be heard at the RON hearing, and (ii)this letter be made a part of the record. Background By way of background, OC San began exploring options for replacement of the BBPS in 2016 and in June 2017 issued a Draft Environmental Impact Report entitled "Bay Bridge Pump Station and Force Mains Replacement Project EIR." A final environmental impact report was never prepared, in part, because it conflicted with the adjacent Back Bay Landing Project owned by BVM. Between 2017 and 2019, BVM engaged in negotiations with OC San and the City of Newport Beach ("City"), including meetings with Councilmembers serving on the OC San Board and District staff explaining the inherent conflict with BVM's recently City-and Coastal Commission-approved project and attempting to identify an alternative location or site plan to minimize the impacts of the BBPS. The south side of the E. Coast Highway Bridge was specifically suggested as an alternative location less impactful to the Back Bay Landing Coastal Project. OC San thereafter published a Recirculated Draft Environmental Impact Report in 2019 and again in 2020 with a Project Description that increased the BBPS footprint across BVM's property frontage on E. Coast Highway but omitted numerous project details. In addition,the City has recently informed BVM that OC San has now proposed a 2-story massive BBPS project design not 60183866.v3 nossaman.com January 5,2022 Page 2 analyzed in the REIR. Ultimately, OC San published a final environmental impact report("EIR") in January 2021, but as the attached letter sent to OC San staff and CEQA consultants on September 21, 2020 pointed out there continued to be numerous deficiencies with that EIR, and litigation in Orange County Superior Court pertaining to such deficiencies and OC San's failure to comply with CEQA was filed in May 2021 and is pending. On September 7, 2021, OC San sent a formal offer to BVM to acquire portions of the Property for the BBPS project. On December 20, 2021, OC San sent BVM a Notice of Hearing on the RON set for January 26, 2022. Objections BVM objects to the RON hearing, and to OC San's adoption of the RON, on the following grounds: 1. OC San's Adoption of a Resolution of Necessity Will Violate CEQA. California law is clear that a public agency must comply with the California Environmental Quality Act(CEQA) before adopting a resolution of necessity to condemn property. (City of Stockton v. Marina Towers (2009) 171 Cal.App.4th 93, 108 ["Compliance with CEQA is mandatory before a public entity may condemn property for a proposed project."].) Requiring CEQA-compliance before commencing condemnation proceedings makes perfect sense,as (i) an agency is prohibited from undertaking an action that would taint its consideration of project alternatives, and (ii)the acquisition of private property is considered a definite course of action which is prohibited prior to preparing,finalizing and considering an Environmental Impact Report(EIR). (See Cal. Code Regs.,tit. 14, § 15004,subd. (b)(2); City of San Jose v. Great Oaks Water Co. (1987) 192 Cal.App.3d 1005, 1017 [compliance with CEQA is a precondition of the institution of eminent domain proceedings];Save Tara v. City of West Hollywood (2008)45 Cal.4th 116, 140-142). CEQA is the "environmental full disclosure act"to assess the environmental impact of all proposed "projects." Here, OC San has not complied with CEQA and is currently in litigation with BVM pertaining to the deficiencies in the EIR and failure to comply with CEQA. As clearly set forth in Bayside Village Marina LLC vs. Orange County Sanitation District, et al. (Case No. 30-2021-01194238-CU-WM-CXC),the EIR is deficient because (1)the project description is legally insufficient, (2) it fails to adequately describe the project setting and fails to assess the project's impacts, (3) it fails to adequately analyze alternatives or alternative locations to the proposed project, (4) it fails to analyze the project's consistency with the Coastal Commission-approved Back Bay Landing Planned Community Development Plan and the Newport Beach Local Coastal Program,and (5) it fails to adequately respond to comments from BVM,the City,the Irvine Company and California Fish and Wildlife. Until these and any other non-compliance issues are addressed and appropriately considered, OC San will be in violation of CEQA; if BVM's pending CEQA action is successful, OC San's eminent domain action will be dismissed, and OC San will be required to pay BVM's legal and expert fees. (Burbank-Glendale-Pasadena Airport v. Hensler(1991) 233 Cal.App.3d 577, 599 ["[Al successful CEQA challenge to the adoption of a resolution of necessity would also constitute a defense to the eminent domain proceeding."].) 60183866.0 January 5,2022 Page 3 2. The Project Is Not Planned or Located in the Manner That Will Be Most Compatible With the Greatest Public Good and the Least Private Injury. A public agency may not exercise the power of eminent domain for a proposed project unless it establishes that"the project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury." (Code Civ. Proc., § 1240.030, subd. (b).) Because OC San has failed to undertake an adequate environmental analysis of the impacts of the BBPS Expansion project and has failed to thoroughly analyze and compare whether such impacts could be lessened in alternative locations, OC San cannot make this requisite finding. BVM and the City have proposed alternative locations that are superior and less impactful, particularly the alternative location south of the E. Coast Highway bridge on the Irvine Company parking lot and/or the .62 acre BVM parcel, but OC San has ignored those superior alternatives. In summary,there are numerous issues with the design, location, LCP and Back Bay Landing PCDP inconsistency and land use and aesthetic incompatibility of OC San's project, all of which must be adequately addressed to minimize impacts to the environment, coastal resources and BVM's existing and proposed coastal dependent and residential development. 3. OC San's Temporary Construction Easement Encumbers the Property in Perpetuity. While OC San purports to acquire a temporary construction easement("TCE") on the Property, the terms of the TCE lack any definitive expiration date. Without an expiration date,the TCE will potentially encumber and cloud the Property in perpetuity. This encumbrance prevents any development of the Property and greatly impacts BVM's use and development of its Property. Based on the current RON, OC San's overbroad and massively damaging acquisition is not necessary for the Project and is not planned in the manner that will cause the least private injury, in violation of applicable law. 4. OC San's Post-REIR Pump Station Design Changes Further Adversely Impact the Property• Throughout the years of discussions between OC San and BVM,the design and height of the new pump station has always been a one-story building, as is the existing facility. Now, OC San has proposed a design and height change on BVM, provided through a series of design options shown to the City, thereby making the pump station two-stories in height. This is presented,despite the original representations to the public,that the pump station would be one-story. A two-story pump station eviscerates views from the proposed residential units on the Property and increases the damages to BVM, and is not necessary. BVM's engineering consultants had identified an alternative design that would keep the pump station one-story in height, but OC San has refused to meet to consider this alternative. Therefore, OC San's current design is once again not necessary for the Project and is not planned in the manner that will cause the least private injury. Conclusion For the reasons set forth in this letter, OC San's Board members cannot validly adopt the proposed resolution of necessity. BVM therefore requests that the Board members not proceed with the hearing on that resolution or, if the Board does proceed,vote to reject said defective resolution. 60183866.v3 January 5,2022 Page 4 Thank you for your consideration of this matter. Regards, Bradford B. Kuhn Nossaman LLP Attachment 60183866.v3 ATTACHMENTS TO LETTER DATED 1/5/2022 ATTORNEYS AT LAW 18101 Von Karman Avenue NOSSAMAN Suite 8 Irvine,CA 92612 LLP T 949.833.3.7800 F 949.833.7878 John P. Erskine D 949.477.7633 jerskine@nossaman.com VIA E-MAIL AND U.S. MAIL Refer To File#400244-0001 khadden@ocsd.com September 21, 2020 Kevin Hadden Principal Staff Analyst Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 97208 Re: 2020 Recirculated Draft Environmental Impact Report for the Bay Bridge Pump Station and Force Mains Replacement Project Dear Mr. Hadden: Our firm represents Bayside Village Marina LLC ("BVM") and provides the following comments with regard to the 2020 Recirculated Draft Environmental Impact Report ("REIR")for the Bay Bridge Pump Station and Force Mains Replacement Project ("BBPS") ("Project") prepared by Lead Agency Orange County Sanitation District ("OCSD") We also incorporate, by reference, our prior September 3, 2019 ("2019 REIR") comments as well as the technical comments provided by BVM's engineering consultants, Fuscoe Engineering, in their letter of September 5, 2019, as additional background and support for our comments on this 2020 Draft REIR. Our detailed comments are as follows: 1. Project Description Issues 1.1 "Adjacent Pump Station" Project Description Omits Critical Information We appreciate that the Draft REIR improves on the prior 2019 REIR in that the Project Description can now clearly be ascertained from among the identified alternatives. However, the Project Description, contrary to the requirements of CEQA (see prior comment letter), remains somewhat imprecise and, particularly with respect to 3.1.2 Project Setting (Existing Conditions), fails to accurately describe the existing fully developed Bayside Village Marina site, throughout the various sections of the REIR. Moreover, the descriptions/exhibits that should set forth precise modes of access, maintenance, force main alignments, construction staging areas, etc., fail to do so. Throughout the 2020 Draft REIR the "project setting/existing conditions" are described simply in terms of development of the expanded BBPS within, or impacts to, recreational vehicle ("RV") storage area (see Section 3.1.1, 3.1.2, Table 3-1, Section 5.9.1, 5.9.4 and particularly 57668419.v1 fIOSScl f71lf1.0 OIlI Mr. Kevin Hadden September21, 2020 Page 2 Tables 5.9-1, 5.9-2, 5.9-3 Land Use Consistency Analyses). This grossly understates the construction period and long-term impacts on the coastal dependent uses both existing on, and planned for the BVM site. Because the Project Site boundaries and work areas (also known as Temporary Construction Easement areas, or"TCE's") (see Exhibit 3-2 on page 3-3 Site Vicinity, and Exhibit 3-6 on page 3-14 Adjacent Pump Station Work Areas) include or are immediately contiguous to existing coastal recreational marine commercial uses, including the existing 220-slip Bayside Village Marina and adjacent marina parking, Gondola Adventures, Southwind Kayaks and SUP rentals and the single access to these recreational and marine commercial uses, these existing uses should be identified and throughout the REIR described and impacts to and consistency with these uses need to be evaluated. It is important to note that the City of Newport Beach ("City") and California Coastal Commission ("CCC"), in approving the Back Bay Landing Projects ("BBLP") currently under development on the Site, and the BBL Environmental Impact Report and 2016 Back Bay Landing Planned Community Development Plan (now adopted as part of the 2017 CCC Certified City Local Coastal Program ("LCP"), did not account for the Adjacent Pump Station/Expand-in-Place Option as OCSD did not identify the need to expand the BBPS until after the BBL project was approved and the PCDP incorporated into the Certified City LCP. 1.2 Key 2020 REIR Exhibits Need Revision to Reflect Omitted Project Description Details Exhibit 3-5 (page 3-10) should be revised to show how OCSD will access the pump station via N. Bayside Drive (both ingress and egress) through the existing Bayside property and planned BBLP site. The current Exhibit 3-5 is incomplete, omits critical information/graphics, and should be labeled "Shared Access." Alternatively, a new exhibit should be created showing how the estimated 15 maintenance and service trucks per week will access the adjacent/expanded BBPS. This is an important component of the BBPS Project, and without access from N. Bayside Drive via the BBL site, OCSD will be required to utilize the existing and substantially less safe access off of East Coast Highway. The Project Description notes several times throughout the REIR that access off N. Bayside Drive through a future shared driveway with the BBLP will be the primary access to the Adjacent Pump Station Project. Exhibit 3-6 (page 3-14), "Adjacent Pump Station Work Areas," identifies construction staging areas required to be located on BVM's property during the implementation of the BBPS Project which, based on the discussion in Section 3.4 Construction, would occur over a 36-month period. Exhibit 3-6 identifies both a significant portion of the BVM property, as well as the Castaways City property to the west of the Newport Harbor channel. Since it is not clear that the City has agreed or is willing to provide the Castaways site for construction staging, the REIR should identify alternative staging areas, either on or off the BVM property, for the three years of 57668419.v1 Mr. Kevin Hadden September21, 2020 Page 3 planned construction. Moreover, the utilization of the existing narrow and long driveway lane into the fully developed BVM site will have foreseeable impacts on the existing BVM marina, marina parking, and, as discussed above, recreational and marine commercial uses on the BVM site. Construction period impacts will be even more significant if they occur during construction of the BBL project. The REIR should identify estimated dates for start and completion of all phases of construction, including demolition and removal of the existing BBPS. The square footage of the TCE areas needs to be specifically identified, including access areas, timing and duration of occupation of the TCE's, and the direct and indirect impacts of construction on adjoining recreational and marine commercial uses. Footage is considered conceptual and may be subject to downward refinement during final design. BVM requests that OCSD design the pump station (using the most current technology and efficient design to minimize the required expansion of the BBPS and therefore acquisition of the City and CCC-approved BBL mixed-use project site and replacement of coastal dependent/coastal related uses with industrial use expansion. Such an otherwise unnecessary expansion will exacerbate the conflicts with and impacts to the baseline of existing recreational and marine commercial uses and the approved BBL Project as set forth in the approved BBL PCDP and the City's 2017 certified LCP. By characterizing the BBL site as nothing more than an RV storage facility, the Section 5.9 land use and Coastal Act consistency analysis underestimates the impacts on both the existing dveloped BVM site and the approved BBL land uses, and remains woefully inadequate (see also Comments 2 and 3, September 3, 2019 BVM REIR Comment Letter). 2. Force Mains Location Renders BBL South of East Coast Highway Site Unusable Exhibit 3-7 (page 3-15) depicts the OCSD dual 24' force mains alignment bisecting the BBL property south of the E. Coast Highway bridge essentially in half. This approximate .60 acre property is within BBL PCDP Planning Area 2 and allows 8,390 square feet of CM (recreational and marine commercial) uses. Due to indicated restrictions on permanent structures above the force mains and required setbacks, such an alignment would severely impact BVM's ability to develop anything on the site, consistent with its CM land use designation. As previously discussed with OCSD staff, OCSD should identify an alternative alignment closer to the south edge of the BBL property, adjacent to the Irvine Co. parking lot, which will reduce impacts to this important CM-designated property. 3. OCSD Must Provide Greater Specificity Regarding Site Operations and Utilization of Shared Access Section 5.7.4 (page 5.7-20) briefly identifies "Operations" and notes a maximum of 15 trips for chemical deliveries, periodic maintenance and inspections per week (or 60 per month). BVM recognizes the size and type of truck differs for various maintenance requirements. OCSD must provide a more detailed breakdown of the anticipated maintenance frequency based on the size and type of truck and projected hours/time of access through the BBL site. OCSD must not 57668419.v1 Mr. Kevin Hadden September21, 2020 Page 4 only acquire a permanent easement for this access, but must fund short- and long-term maintenance of the amenitized BBL project access. 4. Consistency With Back Bay Landing Planned Community Development Plan As set forth in our September 3, 2019 Comment Letter (page 7), Planning Area 1 of the BBL PCDP permits the BBPS with its current size and location (see the PCDP Table 2, Exhs. 3, 5, 9, 12). The PCDP does not contemplate any expansion of relocation of the BBPS (ibid). Moreover, the LU-5 (2020 REIR, page 5.9-24) discussion in the REIR incorrectly infers that any pump station in any location within PA-1 is a permitted use as a matter of right, in stating, "Accordingly, the pump station is a permitted use as a matter of right." The BBPS Adjacent Pump Station expansion project is subject to all of the discretionary permits and regulatory approvals outlined in Section 3.6 Permits and Approvals (page 3-16 and 3-17 of the REIR), and during Site Development Review, this Adjacent Expand-in-Place must be shown to be consistent with all of the requirements of the BBL PCDP. Only the original Rehab-in-Place alternative is identified in the BBL PCDP. In regards to the Site Development Review process, and consistency with the PCDP, Mitigation Measure AES-1 requiring engineering drawings and specifications prepared by the Project Engineer or their designee to be "submitted for review and approval by the OCSD Director of Engineering," and AES 2-4 requiring only a similar internal review process for assessment of visual and aesthetic impacts, are inadequate. These, and any other BBPS project drawings, plans, operational programs and improvement documents must be submitted to BVM at the earliest possible date, prior to any OCSD approval, and all mitigation measures must be revised to assure their occurs. We look forward to working with OCSD to address these and other BBPS Adjacent Pump Station REIR and Project issues, and look forward to your agency's response to these and other comments. Sincerely, John P. Erskine Nossaman LLP JPE:dlf cc: Valerie Ratto, P.E., OCSD (vratto(a)ocsd.com) 57668419.v1 ATTORNEYS AT LAW NOSSAMANLLP 18101 Von Karman Avenue Suite 1800 Irvine, CA 92612 T 949.833.7800 F 949.833.7878 John P. Erskine VIA EMAIL AND U.S. MAIL D 949.477.7633 jerskine@nossaman.com Refer To File#:400244-0001 September 3, 2019 Kevin Hadden Principal Staff Analyst CONFIDENTIAL; PRIVILEGED Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 97208 Re: Recirculated Environmental Impact Report for the Bay Bridge Pump Station and Force Mains Replacement Project (Project No. 5-67) Dear Mr. Hadden: Our firm represents Bayside Village Marina LLC ("BVM") and provides the following comments with regard to the Draft Recirculated Environmental Impact Report ("REIR") for the Orange County Sanitation District ("OCSD") Bay Bridge Pump Station ("BBPS") and Force Mains Replacement Project ("Project"). BVM owns the Back Bay Landing development site ("BBL" or "Development Site") and existing marina/dry storage facility at 300 East Coast Highway, Newport Beach, California. As you are aware, up until mid-2018 BVM had engaged in several years of discussions with the OCSD regarding the Project and its significant impacts on BVM's property, and upon coastal resources at the entrance to Upper Newport Bay. Over the course of several years, OCSD has gone from stating publicly that it had no need to modernize or expand the BBPS in any manner, to the current unstable, and ever evolving project description. The Planned Community Development Plan ("PCDP") for Back Bay Landing approved by the California Coastal Commission in 2016 shows the BBPS in its current location, without expansion. BVM's site planning and project design efforts have been significantly disrupted by OCSD's inconsistent and non-transparent project design process. Summary. The REIR does not comply with the requirements of the California Environmental Quality Act ("CEQA"). The deficiencies in the REIR are so severe that they cannot be addressed without redrafting and recirculating the EIR. CEQA requires the Orange County Sanitation District ("OCSD") to prepare a new draft EIR for public review and comment. BVM has engaged in several years of discussions with the Orange County Sanitation District ("OCSD") regarding the Project and its significant impacts on the Back Bay Landing property, the project, the existing marina, and the coastal dependent recreational and marine commercial uses long- existing on the site. The Project also conflicts with the City of Newport Beach ("City") LCP, the BBL PCDP, and the Coastal Act and may adversely affect various coastal resources. The REIR fails to adequately analyze any of the above land use impacts of the Project. The REIR also 57147410.v5 nossaman.com Kevin Hadden September 3, 2019 Page 2 does not accurately or completely describe the information provided to OCSD by BVM regarding the impacts of the Project on the Back Bay Landing project. Among other deficiencies in the DRAFT REIR, the circulated document fails to comply with CEQA for the following reasons: 1. The Project Description is not stable, finite, or accurate. It fails to identify which of several alternatives is the proposed project as required by CEQA. Moreover, within the last week, OCSD staff has shared with BVM representatives that none of the alternatives that could serve as the proposed project accurately describe OCSD's latest Project plans. 2. The baseline for the impact analysis violates CEQA. The REIR is required to evaluate the impacts of the Project against a baseline of existing conditions and also against a baseline of the current land use plans and zoning (e.g., the BBL PCDP) approved by the City of Newport Beach and the California Coastal Commission. 3. The REIR fails to accurately evaluate the significant inconsistencies with the General Plan, Local Coastal Program or Planned Community Development Plan for the development site. 4. The evaluation of alternatives is inadequate. The DRAFT REIR fails to analyze adequately an expand-in-place alternative or a relocation alternative that is feasible and that would reduce the significant land use and coastal resource impacts of the Project. Detailed Comments. 1. Project Description Issues. 1.1 The REIR Does Not Contain An Accurate or Stable Project Description. The Project Description violates CEQA because the REIR does not contain an accurate, stable or finite Project Description. The REIR fails to identify a preferred alternative, instead describing three different "conceptual site plans." (REIR at p. 3-6.) An EIR must contain an accurate, stable and finite project description. (CEQA Guidelines, § 15124; County of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185, 193.) CEQA requires an EIR to identify the project alternative proposed by the lead agency. (Washoe Meadows Community v. Department of Parks & Recreation ("Washoe Meadows"), 17 Cal.App.5th 277, 284.) In Washoe Meadows, the Court invalidated the approval of a river restoration project because the Draft EIR did not identify which of several alternatives evaluated in the EIR was the preferred project alternative. The Draft EIR analyzed five alternatives at an equal level of detail (including no project), without selecting a preferred alternative, and provided that the preferred alternative would be identified in the Final EIR based on public comments received on the Draft EIR. (Id. at p. 283.) The Court of Appeal found that EIR was inadequate because it did not contain an "accurate, stable, and finite" project description. (Id. at p. 285.) "The failure to identify or select any project at all impairs the public's right and ability to participate in the environmental review process. A description of a broad range of possible projects, rather than a preferred or actual project, presents the public with a moving target and 57147410.v5 Kevin Hadden September 3, 2019 Page 3 requires a commenter to offer input on a wide range of alternatives that may not be in any way germane to the project ultimately approved." (Id. at p. 288.) The Project Description provides: OCSD has been in negotiations with Bayside Village Marina, LLC, to identify potential site plan alternatives to the Original Northeast Pump Station. As such, the project is proposing three conceptual site plans, one of which was previously analyzed in the 2017 Bay Bridge EIR. Depending on negotiation outcomes with Bayside Village Marina, LLC, OCSD would identify one of the three conceptual site plans described below in Section 3.3, Project Characteristics. (REIR at p. 3-6). The Project Description therefore is clearly inadequate under the Washoe Meadows holding that a project description must identify a preferred alternative, and that it is improper to defer identification of a preferred alternative to the Final EIR based on future contingencies — in this case, favorable negotiations with Bayside Village Marina. Like the Draft EIR in Washoe Meadows, the REIR fails to provide an accurate, stable and finite project description. The REIR's description of three different "conceptual site plans" — essentially, three alternatives — without identifying a preferred alternative presents an obstacle to informed public participation, given that each option will create different impacts and require different mitigation measures. For example, the mitigation measures proposed to reduce potentially significant impacts to Biological Resources, Hydrology and Water Quality, and for Vibration differ for each of the three conceptual site plans. (See REIR at pp. 1-9-1-11, 1-19, 1-21.). The REIR should be revised to identify a preferred alternative, and recirculated with the required detailed impact analysis for that preferred alternative. The failure to identify a preferred project alternative violates CEQA. (See CEQA Guidelines, § 15088.5 [recirculation is required when the Draft EIR is fundamentally inadequate such that meaningful public review and comment are precluded].) 1.2. The Project Description is Confusing and Omits Critical Information. The Project Description is also deficient because the discussion of"Project Characteristics" is confusing, extremely difficult to follow, and lacks critical information necessary to allow the public and reviewing agencies to evaluate and review its environmental impacts. (Dry Creek Citizens Coalition v. County of Tulare (1999) 70 Cal.App.4th 20, 26; see Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.AppAth 1036, 1045.) The Draft REIR is required to include sufficient information to allow the public to understand the environmental impacts of the proposed project. (CEQA Guidelines, § 15146, discussion). It does not. The Project Description is unclear with regard to the actual size (square footage) of the various alternatives' project area and the dimensions and location of the anticipated permanent driveway access easement that OCSD purportedly intends to obtain on the Back Bay Landing property. For example, the REIR states only that the Original Northeast Pump Station alternative would be approximately 10,000 square feet in area, would include a 620 square foot 57147410.v5 Kevir Hadden September 3, 2019 Page 4 odor control facility, a backup generator, and would require a 4,100 permanent driveway access easement from BBL. (REIR at pp. 3-7, 3-10.) No building footprint for the pump station itself is provided for any of the three alternatives' conceptual site plans. (REIR at p. 3-11 [the pump station improvements for the "Modified Northeast Pump Station" alternative "would be the same" as those proposed for the Original Northeast Pump Station, alternative, "with some changes to the layout.") Of even greater concern, the description of the South Pump Station alternative fails entirely to provide the square footage of the site, again indicating only that the pump station imp-ovements would be the same as those proposed under the Original Northeast Pump Station and Modified Northeast Pump Station, including a permanent driveway access easement of unspecified size. (REIR at p. 3-14.) The 10,000 square foot dimensions indicated for the Original Northeast Pump Station is inconsistent with the 9,500 square foot figure provided in the Notice of Preparation for the REIR, and for the preferred alternative in the 2017 EIR (which the REIR describes as identical to the proposed Original Northeast Pump Station). CEQA requires OCSD to revise and recirculate the Draft REIR to state explicitly for each alternative the total project footprint by acreage, the area of the buildings, the location and dimensions of the driveway access easement, the location and dimensions of the vaguely described other "areas of disturbance," and the location as well as the use and ingress and egress points for the temporary construction easements. This information is necessary to allow the public and OCSD to evaluate the environmental impacts of the Project and the availability of potE!ntially feasible alternatives and mitigation measures, as illustrated below, in the comment on the Project's inconsistency with the Coastal Act and the City of Newport Beach's Local Coastal Program Land Use Plan ("LUP"). 1.3. The Description of Project Construction Is Inadequate. The REIR's description of construction timelines and the periods of use of the temporary construction easements on the BBL property are also unclear and inconsistent. While the total time for construction of the Original Northeast Pump Station and force main improvements is indicated to be 44 months, the REIR fails to disclose the anticipated duration of construction for the 'ump Station improvements for the Original Northeast Pump Station plan. If the Original and Modified Northeast Pump Station improvements will take 24 months to complete (REIR at p. 3-22), how can the fairly massive 80,000 square foot temporary construction easement on the BBL property (the "East Work Area") only be needed for 9-12 months (REIR at pp. 3-16, 3-21, Figure 3-8)? How large are the temporary construction easements required by the Modified Northeast Pump Station and the South Pump Station alternatives, which would apparently differ from the Work Area for the Original Northeast Pump Station (compare Figure 3-8 to Exhibits 3-11, 3-14). This difference belies the REIR's statement that "Pump station construction activities for the South Pump Station would be similar to that of the Original Northeast Pump Station and Mocified Northeast Pump Station"? (REIR at p. 3-26.) CEQA requires OCSD to clarify these critical construction timelines and the gross square footage of any temporary construction easements, to enable the public and decision-makers to evaluate resulting environmental impacts and the feasibility of mitigation and alternatives. The size and configuration of the staging areas and the timeline for construction will directly affect the Project's environmental impacts, particularly with regard to noise and vibration impacts on adjacent uses, and the 57147410.v5 Kevin Hadden September 3, 2019 Page 5 significant land use conflicts with the coastal-dependent and recreational / marine commercial land uses on the BBL property. 1.4. The REIR is Inconsistent with Regard to Whether the Project will Increase Capacity. The Project Description states that "The proposed project is not designed to increase capacity of the facility and is not expected to result in increases in peak flows." (REIR at p. 3- 10.) Elsewhere, the REIR states that the Project is "needed for future demand peak wet weather flows." (REIR at p. 7-4.) These statements contradict each other. Representatives of BVM also learned at the July 29 public review meeting that during the Dover-to-Newport Boulevard force main extension project, the BBPS capacity was upgraded from 16 to 18.5 MGD; the environmental documentation for that upgraded capacity (previously identified in the 2017 BBPS EIR as a reason for the BBPS expansion project) should be set forth in the new REIR. The REIR should also be revised to eliminate inconsistencies and explain whether the Project will further increase the sewage-carrying capacity of the BBPS, and, if so, whether significant growth-inducing impacts, requiring revision to the REIR's conclusion that the Project "would not increase the capacity of the facility," are present. Thus, the Project would not induce growth either directly or indirectly. The Project would not result in the removal of an impediment to growth." (REIR at p. 6-3.) 2. The REIR Baseline for Evaluating the Significance of Project Impacts Violates CEQA. The baseline for analyzing environmental impacts is normally existing conditions at the time the Notice of Preparation is published. (. (CEQA Guidelines, § 15125, subd. (a); Neighbors for Smart Rail v. Exposition Metro Line Construction Authority("Smart Raif') (2013) 57 Cal.4tn 439.) Where, as here, existing land use conditions are anticipated to change as a result of approved land use plans, the EIR is also required to measure the significance of impacts against a baseline of conditions under the approved land use plans. (CEQA Guidelines, § 15125, subd. (e); Smart Rail, supra.) EIR The REIR fails to clearly identify the baseline, uses inconsistent baselines, and appears to use improperly an alternative as the baseline for measuring impacts. For example, the REIR appears to use the Original Northeast Pump Station alternative as the baseline for measuring land use impacts of the Modified Northeast Pump Station and South Pump Station alternatives. (See, e.g., 5.9-15.) The use of hypothetical conditions (in this case, the Original Northeast Pump Station) is not appropriate and masks the Project's true impacts. (See Communities for a Better Environment, supra, 48 Cal.4th at p. 322.) The issue is not whether significant impacts will result from changing the Project from the Original Northeast Pump Station to the Modified Northeast or South Pump Station, but whether the relocation and expansion of the existing pump station site on the BBL property would have a significant impact on existing conditions, on approved land uses in the City's LUP, and compliance with the visitor- serving policies of the Coastal Act as implemented by the City's LUP. The significance of environmental impacts of the project should be measured against two baselines: (1) existing conditions, and (2) future site conditions under LUP including Back Bay Landing development 57147410.v5 Kevin Hadden September 3, 2019 Page 6 project, with the BBPS in its current location, as anticipated under the PCDP. The future site conditions baseline will allow the public and decision-makers to understand the incremental effects of expanding and relocating the BBPS. The REIR should clearly identify the baseline for each category of environmental impacts and explain why it is using that baseline. 3. The REIR Fails to Evaluate Adequately The Land Use and Coastal Resources Impacts of the Project. An EIR is required to discuss any inconsistencies between the proposed project and applicable general plans, specific plans, and regional plans (CEQA Guidelines, § 15126, subd. (d)), or, as in this case, Local Coastal Programs and the California Coastal Act. Such plans include, but are not limited to, regional land use plans for the protection of the coastal zone. (Ibid.) The purpose of the required analysis is to identify inconsistencies that the lead agency should address, and modify a project to avoid any inconsistencies. (Kostka & Zischke, Practice under the Environmental Quality Act (Cont. Ed. Bar. 2019) § 12.28.) Inconsistency with land use regulations is a factor to consider when determining whether a project may cause a significant effect. (Lighthouse Field Beach Rescue v. City of Santa Cruz (2005) 131 Cal.AppAth 1170.) When a project site is within the coastal zone and governed by the Coastal Act, the EIR is required to discuss any inconsistences with the Coastal Act. (Banning Ranch Conservancy v. City of Newport Beach (2012) 211 Cal.AppAth 1209, 1233.) In Banning Ranch Conservancy, the court of appeal upheld an EIR that "adequately flagged potential inconsistencies [with the Coastal Act] and addressed them in advance through proposed mitigation." (Ibid.) The California Supreme Court has specifically held that an EIR on a proposed project in the coastal zone was required to identify areas that might be designated as ESHA under the Coastal Act. (Banning Ranch Conservancy v. City of Newport Beach (2017) 2 Cal.5th 918.) The Coastal Act provides for the approval of Local Coastal Programs adopted pursuant to section 30500 of the Public Resources Code. Local Coastal Programs apply and implement the policies of the Coastal Act, and establish enforceable regulations governing development within the area of the approved LCP. As acknowledged in the REIR, the project is within the coastal zone and governed by the Coastal Act. The REIR must therefore address any inconsistences with the Coastal Act's recreation and visitor serving policies and the access and resource protection policies of the Newport Beach LUP. The REIR fails to discuss the inconsistencies between the proposed location of the BBPS and the policies in the Coastal Act and the City's LUP, to maximize visitor- serving and coastal dependent and related uses at the proposed Project site, including: Coastal Act (Public Resources Code) Section 30213 Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. 57147410.v5 Kevir Hadden September 3, 2019 Page 7 Section 30221 Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area. Section 30222 The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal-dependent industry. Section 30224 Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non-water-dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land. Newport Beach Land Use Plan Policy 3.2.1-1 Protect, and where feasible, expand and enhance recreational opportunities in the coastal zone. Back Bay Landing Planned Community Development Plan The REIR Project Description would site the BBPS in Planning Area 1 of the PCDP. Planning Area 1 allows "commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related land uses and visitor-serving uses, as well as allow for the development of mixed-use structures with residential uses above the ground floor . . . Priority uses include retail, restaurants, boat storage, marine and boat sales, boat rentals, boat service/repair, and recreational commercial uses such as kayak and paddle board rentals." (PDCP, at p. 4.) Planning Area 1 permits the BBPS with its current size and location. (See PCDP, Table 2, Exhs. 3, 5, 9, 12.) The PCDP does not contemplate any expansion or relocation of the BBPS. (Ibid.) As the Project is inconsistent with the foregoing coastal land use policies and regulations, CEQA requires the REIR to evaluate and address those inconsistencies, including the evaluation of alternatives and mitigation measures that may reduce the significance of the Project on coastal land use policies and regulations. 57147410.v5 Kevir Hadden September 3, 2019 Page 8 The REIR also fails to discuss the Project's inconsistency with Coastal Act section 30253, subdivision (e) of the Coastal Act, which provides that new development shall, where appropriate, "protect special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points for recreational uses" (REIR at p. 5.9-10.) Given that Newport Beach is a major recreational center and tourist destination, and the project vicinity provides a multitude of coastal recreational activities, including beach going, sport fish,ng, kayaking, diving, wind surfing, sailboat racing, excursion, and entertainment boat activities, as well as visitor-serving commercial and recreational uses and waterfront residences (Selo REIR at p. 3-1), the REIR must discuss the inconsistency of the proposed BBPS locations, and potential expansion (including proposed permanent easements) with these unique characteristics of the Upper Newport Bay area. The REIR's sole, cursory discussion of the Project's conflicts with these visitor-serving land use policies provide: The proposed pump station site is designated "Mixed-Use Water Related" (MU-W2) [by the City's Land Use Plan]. The MU-W2 category is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses and visitor-serving uses, as well as allow for the development of mixed-use structures with residential uses above the ground floor. The REIR states that "the proposed project would either relocate the pump station approximately 200 feet to the northeast or approximately 200 feet to the west within the existing RV storage facility." This relocation would not create an inconsistency with the MU-W designation for the site. (REIR, p. 5.9-11.) To the contrary, the relocation andlor expansion of the BBPS, a non-visitor-serving use would be entirely inconsistent with the MU-W2 category. In addition to the limited residential component, the Back Bay Landing site, as approved by the City and Coastal Commission, is intended to provide for expansion of recreational and marine commercial (CM) use:,. As the foregoing visitor-serving policies of the Coastal Act and the City's LUP were adopted to preserve and expand coastal-dependent and coastal-related uses, this inconsistency indicates a significant impact that should be mitigated. (See REIR, section 6.9). CEQA requires an E:IR to discuss feasible mitigation measures or alternatives to mitigate significant impacts. (CEQA Guidelines, §§ 15126.4, subd. (a)(1), 15126.6, subd. (a).) The REIR should be revised to d scuss feasible alternatives to mitigate this impact, including 1) the possibility of relocating the 3BPS to a site that is not reserved for visitor serving uses, and 2) siting the BBPS on a smaller footprint that will be less disruptive to visitor-serving uses, to minimize the inconsistency. (Banning Ranch Conservancy, supra, 211 Cal.AppAth at p. 1233.) Therefore, the EIR must discuss the inconsistency and the feasibility of avoiding or minimizing the inconsistency through mitigation measures and/or alternatives. CEQA requires OCSD to analyze those alternatives and alternative locations that will minimize the significant coastal land use impacts of the Project in the REIR and recirculate the REIR for public re view and comments. (See CEQA Guidelines, § 15088.5, subd. (a)(3) [recirculation is required when a feasible project alternative or mitigation measure considerably different from others previously 57147410.v5 Kevin Hadden September 3, 2019 Page 9 analyzed would clearly lessen the environmental impacts of the Project, but the Project's proponents decline to adopt it].) The Evaluation of Alternatives is Inadequate. CEQA requires an EIR to evaluate alternatives that may reduce the significant impacts of the proposed project. (Pub. Resources Code, §§ 21002 [public agencies should not approve projects as proposed if there are feasible alternatives that would substantially lessen the significant environmental effects of such projects] 21002.1, subd. (a) [the purpose of an environmental impact report is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided], 21100, subd. (b)(4) [EIR must include detailed statement of alternatives to the proposed project].) The CEQA Guidelines require an EIR to describe a reasonable range of alternatives to the proposed project, or to its location, that would feasibly attain most of the project's basic objectives while reducing or avoiding any of its significant effects. (CEQA Guidelines, § 15126.6, subd. (a).) The discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly. (Id. at § 15126.6, subd. (b).) An alternative that would substantially reduce significant environmental impacts should not be discarded simply because it does not fully achieve the project objectives. (Habitat & Watershed Caretakers v. City of Santa Cruz (2013) 213 Cal.AppAth 1059, 1087.) An EIR that omits analysis of a feasible alternative that would achieve most project objectives without a reasonable explanation of the decision to exclude it will not withstand judicial scrutiny. (See, e.g., Cleveland Nat'l Forest Found. v. San Diego Assn of Gov'ts (2017) 17 Cal.App.5th 412, 426.) 3.1 The REIR Must Analyze an Expand In Place Alternative. The REIR does not evaluate a reasonable range of alternatives because it improperly omits, with no explanation, an analysis of rehabilitation and limited expansion of the existing pump station to 9,500 square feet ("Expand in Place") or less, which would achieve most or all Project objectives. (See 2017 Draft EIR at pp. 7-11-7-18 [concluding that an Expand in Place alternative, labeled the "Existing Pump Station Site Rehabilitation Alternative," would attain the Project objectives].) The 2017 Existing Pump Station Site Rehabilitation Alternative would involve a limited expansion of the existing site to 9,500 square feet, which would contain a new pump station building and electrical building to the west of the existing structures and a new generator building and odor control facility. (Id. at p. 7-11.) The Pump Station would be accessed via a driveway on the west side of Bayside Drive. (Ibid.) The 2017 Draft EIR concluded that the Existing Pump Station Site Rehabilitation Alternative would achieve the Project objectives because "the pump station and force mains would be replaced to meet current structural and maintenance standards and would increase conveyance capacity to accommodate anticipated growth and wet weather flows. Access to the pump station site would be provided via Bayside Drive under this Alternative, resulting in safety improvements for OCSD Operations & Maintenance personnel." (Id. at p. 7-18.) The Existing Pump Station Site Rehabilitation Alternative would reduce environmental impacts by minimizing conflict with the land use regulations described above. Because the Existing Pump Station Site Rehabilitation Alternative would apparently be feasible (as indicated by its inclusion in the 2017 Draft EIR 57147410.v5 Kevin Hadden September 3, 2019 Page 10 alternatives analysis), achieve the Project objectives, and reduce environmental impacts, the REIR violates CEQA by failing to analyze this or a similar Expand in Place alternative. CEQA requires OCSD to recirculate the EIR with an analysis of Expand in Place, or a reasonable explanation of why an Expand in Place alternative is excluded from the alternatives analysis. 3.2 An Alternative South of East Coast Highway Location Must Be Analyzed The REIR has, inexplicably, identified only those alternative locations that are within the BBL. development site and acreage holdings, including the Pump Station South Relocation Alternative. Not only is this alternative identified as the "Environmentally Superior" Alternative, but it wog Id "attain all of the Project's objectives, including the ability to meet current structural and maintenance standards, increase safety with regard to project access, and construct new on- site odor control infrastructure." (REIR, Section 7.2.) However, the site plan and design of this alternative, problematically, purportedly requires retention of the existing BBPS site north of East Coast Highway for a back-up generator and odor control facility due to "space constraints" at the new pump station site south of East Coast Highway. Adding to this unnecessary "split" project design is a further problematic retaining wall that would ostensibly be needed along the Newport Bay Channel. Yet, even a cursory glance at REIR Exhibit 7-1 (South Relocation Alternative — Conceptual Site Plan), reveals extensive additional space within an empty parking lot located south and east of BVNi's property south of the East Coast Highway bridge. This area is proposed for a City-approved, but as yet unconstructed, restaurant parking lot, and would potE�ntially avoid some of the force main extensions under Coast Highway. 3.3 The REIR Should Analyze Alternatives With a 20-Year Life. As explained above, CEQA requires an EIR to evaluate alternatives that may reduce the significant impacts of the proposed Project— even where the alternative will not achieve all of the >>roject objectives. The REIR improperly dismisses "PASR Alternative 1 B" (Rehabilitation) for the reason that it would only provide for a 20- to 30-year design service life: PASR Alternative I B. PASR Alternative 1 B was rejected from further consideration. Rehabilitation of the existing pump station within its current boundaries would only provide for a 20- to 30-year design service life, and expansion of this facility would most likely be needed for future demand peak wet weather flows (which is represented by Alternative 1A discussed above and considered as part of this alternatives analysis). Since this Alternative would not meet a critical objective of the project, it has been rejected from further consideration by OCSD. (RE R at p. 7-4.) The REIR is required to evaluate an alternative with an estimated life of 20 years that may minimize the Project's significant land use impacts. Although the REIR indicates that one of 57147410.v5 Kevin Hadden September 3, 2019 Page 11 the Project objectives is to achieve a service life of 50 years, 20-30 years is a very typical and normal design life for an infrastructure project. Indeed, the REIR itself assumes the standard design life of 30 years for its analysis of the environmental impacts of the Project with respect to greenhouse gas emissions. (REIR at p. 5.6-13.) While the REIR need not consider alternatives that do not implement basic Project Objectives, the 50-year design life objective is abnormal and appears to serve as a pretext for the improper rejection of the Rehabilitation alternative, which is both feasible and will avoid or substantially lessen environmental impacts by minimizing inconsistencies with the Coastal recreation and marine commercial visitor-serving land use policies discussed above. (See CEQA Guidelines, § 15126.6, subd. (a).) This violates the CEQA requirement that Project Objectives must be reasonable, and should not be so narrowly defined that they preclude consideration of reasonable alternatives for achieving the Project's underlying purpose. (North Coast Rivers Alliance v. Kawamura (20150 243 Cal.App.4th, 647, 688.) Therefore, CEQA does not permit the REIR to reject alternatives on the basis that they would not provide a 50-year design life. For clarity, the REIR should also use consistent terminology to refer to the alternatives considered in the 2017 EIR and the REIR. Conclusion. CEQA requires an EIR to be recirculated for public review and comment when "significant new information" is added. (CEQA Guidelines, § 15088.5.) Significant new information includes the disclosure of a new significant environmental impact, substantial increases in the severity of an environmental impact; and feasible alternatives or mitigation measures that are considerably different from others previously analyzed that would clearly lessen the significant environmental impact where the project's proponents decline to adopt them. (Ibid.) Recirculation is also required in cases where the draft EIR "was so fundamentally and basically inadequate that meaningful public review and comment were precluded." (Ibid.) As set forth in this comment letter, the REIR is fatally flawed. To restate, CEQA requires revisions to the Draft REIR including a stable, accurate and finite Project Description; the disclosure of new and more severe significant environmental impacts (particularly land use impacts); a full evaluation of the Expand In Place alternative, and South Relocation alternative not confined only to BVM property, that would reduce the significant coastal and land use impacts of the Project. Therefore, recirculation of the Draft REIR will be required prior to certification. BVM therefore objects to OCSD's approval of the Project as described in the Draft REIR. We would also ask that the revised REIR include all prior environmental documents prepared in advance of the 2017 BBPS EIR (PASR, etc.), and, the 2017 BBPS EIR. Technical comments in support of this comment letter from BVM's civil engineers, Fuscoe Engineering, will be provided under separate cover. 57147410.v5 Kevin Hadden September 3, 2019 Page 12 Thank you for your review and response on these comments. Sincerel Jo n P. Erskine ossaman LLP JPE:cc4 cc: Valeria Ratto, OCSD Vicky Francis, OCSD Harmik Aghanian, Arcadis 57147410.v5 References The following documents are incorporated by reference. Back Bay Landing Project CEQA Documents City of Newport Beach, Final Environmental Impact Report for the Back Bay Landing Project (Feb. 2014) <https://www.newportbeachca.gov/pin/CEQA_REVI EW/Back%20Bay%20Landing/Final%20E I R _Complete_February%202014.pdf> (as of Sept. 3, 2019). City of Newport Beach, Draft Environmental Impact Report for the Back Bay Landing Project (Oct. 2013) <https://www.newportbeachca.gov/pin/CEQA_DOCS.asp?path=/Back%20Bay%20Landing/DEl R-Newport%20Back%20Bay-October%202013> (as of Sept. 3, 2019). City of Newport Beach, Addendum to Final Environmental Impact Report for the Back Bay Landing Project (Mar. 2016) <https://www.newportbeachca.gov/pin/C EQA_REVI EW/Back%20Bay%20Landing/BBL%20Add end um%20-%20Final%203-16-16%20complete.pdf> (as of Sept. 3, 2019). Newport Beach Local Coastal Program City of Newport Beach, Coastal Land Use Plan (as amended July 26, 2016) <https://www.newportbeachca.gov/government/departments/community-development/planning- division/general-plan-codes-and-regulations/local-coastal-program/coastal-land-use-plan (as of Sept. 3, 2019) Newport Beach Municipal Code, tit. 21, Local Coastal Implementation Plan <https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach2l/NewportBeach2l.h tml> (as of Sept. 3, 2019). City of Newport Beach, Back Bay Landing Planned Community Development Plan (PC-9) (as amended Apr. 26, 2016) <https://www.newportbeachca.gov/PLN/MAP_DOCUMENTS/PC_TEXT/PC_09_Back_Bay_Lan ding.pdf> (as of Sept. 3, 2019). 57147410.v5 BOARD OF DIRECTORS Administration Building 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2078 Agenda Date: 1/26/2022 Agenda Item No: 4. FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve Minutes of the Board of Directors Meeting held December 15, 2021 and the Special Meeting held January 12, 2022. BACKGROUND In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting will be provided to the Directors for subsequent approval at the following meeting. RELEVANT STANDARDS • Resolution No. OC SAN 21-04 ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Minutes of the Board of Directors meeting held December 15, 2021 • Minutes of the Special Board of Directors meeting held January 12, 2022 Orange County Sanitation District Page 1 of 1 Printed on 1/19/2022 powered by LegistarTM ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS AND ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION BOARD OF DIRECTORS MINUTES DECEMBER 15, 2021 -IL; 6SAN ORANGE COUNTY SANITATION DISTRICT Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 BOARD OF DIRECTORS Minutes December 15, 2021 CALL TO ORDER A regular meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chairman John Withers on Wednesday, December 15, 2021 at 6:01 p.m. in the Administration Building of the Orange County Sanitation District. Chair Withers stated that the meeting was being held telephonically and via Internet accessibility in accordance with new provisions in California Government Code Section 54953 and Resolution No. OC SAN 21-20, due to the continued State of Emergency Order and announced the teleconference meeting guidelines. Director Glenn Parker delivered the invocation and led the Pledge of Allegiance. ROLL CALL AND DECLARATION OF QUORUM The Clerk of the Board declared a quorum present as follows: PRESENT: Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Johnathan Ryan Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman and Nitesh Patel (Alternate) ABSENT: None STAFF PRESENT: Kelly Lore, Clerk of the Board, and Brian Engeln were present in the Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Jennifer Cabral; Mortimer Caparas; Brian Engeln; John Frattali; Tina Knapp; Rebecca Long; Laura Maravilla; Jeff Mohr; Wally Ritchie; Thomas Vu; and Ruth Zintzun were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room. Dan Fears, Special Counsel; Chris Palmer, CSDA; Eric Sapirstein, ENS Resources; and Eric O'Donnell, Townsend Public Affairs, were in attendance telephonically. PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: 1. CSDA PRESENTATION - DISTRICT TRANSPARENCY CERTIFICATE 2021-2033 Originator: Kelly Lore Chris Palmer, CSDA, presented the District Transparency Certificate to OC San. Page 1 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 2. EMPLOYEE SERVICE AWARDS 2021-2008 Originator: Kelly Lore Chair Withers acknowledged the following: 30-year Service Awards Gail Cain, Executive Assistant - Division 710 Jim Spears, Engineering Manager - Division 830 3. ANNUAL LEGISLATIVE AFFAIRS UPDATE FOR 2021 2021-2002 Originator: Jim Herberg Eric Sapirstein, ENS Resources, provided a PowerPoint presentation regarding the annual Federal Legislative Affairs update. Eric O'Donnell, Townsend Public Affairs, provided a PowerPoint presentation regarding the annual State Legislative Affairs update. ITEM RECEIVED AS AN: Information Item REPORTS: Chair Withers stated that the Board of Directors talking points would be distributed on December 16th. Chair Withers reported on a recent op-ed completed with Orange County Business Council (OCBC) related to OC San's Capital Improvement Program and how it supports local environment and was featured on OCBC's website. Chair Withers stated that a special Board Meeting was anticipated to take place on January 12, 2022 to facilitate the adoption of a resolution to allow continued virtual meetings. General Manager Jim Herberg announced that Plant No. 1 had been awarded the SARBS Large Plant Safety which evaluates nominees on number of injuries, lost-time accidents, record keeping, in-house training, emergency response, and program implementation. Mr. Herberg reminded the Directors that Committee meetings would be dark in January; and that the Steering Committee and Board of Directors meetings would meet at the regular time on January 26, 2022. Mr. Herberg requested the Board meeting be adjourned in memory of Joe Forbath, a partner at Woodruff, Spradlin & Smart, who worked for OC San for over 20 years on construction related matters. Page 2 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 CONSENT CALENDAR: 4. APPROVAL OF MINUTES 2021-2007 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Board of Directors Meeting held November 17, 2021. AYES: Brad Avery, Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Johnathan Ryan Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: None ABSTENTIONS: None RECEIVE AND FILE: 5. COMMITTEE MEETING MINUTES 2021-1551 Originator: Kelly Lore WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: A. Minutes of the Steering Committee Meeting held October 27, 2021 B. Minutes of the Operations Committee Meeting held November 3, 2021 C. Minutes of the Administration Committee Meeting held November 10, 2021 6. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH 2O21-1702 OF NOVEMBER 2021 Originator: Lorenzo Tyner WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING: Report of the Investment Transactions for the month of November 2021. Page 3 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 Directors Chaffee and Hernandez appeared to be away from the meeting at 6.54 p.m. OPERATIONS COMMITTEE: 7. TRICKLING FILTER 480 VOLT CABLE REPLACEMENT AT PLANT 2021-2023 NO. 1, PROJECT NO. FR1-0008 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Bid Tabulation and Recommendation for Trickling Filter 480 Volt Cable Replacement at Plant No. 1, Project No. FR1-0008; B. Award a Service Contract to Baker Electric, Inc. for Trickling Filter 480 Volt Cable Replacement at Plant No. 1, Project No. FR1-0008 for an amount not to exceed $251,586; and C. Approve a contingency of $50,317 (20%). AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 8. JANITORIAL & FLOOR MAINTENANCE SERVICE CONTRACT FOR 2021-2024 PLANT NOS. 1 AND 2 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Service Contract to U.S. Metro Group, Inc. to provide Janitorial & Floor Maintenance Services at Plant Nos. 1 and 2, Specification No. S-2021-127013D, for a total amount not to exceed $799,992 for the period beginning February 1, 2022, through January 31, 2023, with four, one-year renewal options; and B. Approve an annual contingency of $ 79,999 (10%). Page 4 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 9. PLANT NO. 2 DISTRIBUTION CENTER H, 480V SWITCHGEAR 2021-2025 UNDERVOLTAGE RELAY UPGRADE PROJECT Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Purchase Order Contract with Miron Electric Construction Corp. for Plant No. 2 Distribution Center H, 480V Switchgear Undervoltage Relay Upgrade Project, per Specification No. S-2021-1280, for a total amount not to exceed $198,200; and B. Approve a contingency of $19,820 (10%). AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 10. MANHOLE FRAME AND COVER REPLACEMENT PROJECT IN THE 2021-2026 CITY OF ANAHEIM Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Service Contract to Ayala Engineering, Inc. to replace and adjust 47 manhole frames and covers in the City of Anaheim per Specification No. S-2021-125413D, for a total amount not to exceed $293,750; and B. Approve a contingency of $29,375 (10%). Page 5 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 11. USP TECHNOLOGIES INDEMNIFICATION AGREEMENT 2021-2027 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Approve an Indemnification Agreement with USP Technologies and the Orange County Sanitation District concerning the potential claimed violation of material patents in a form approved by General Counsel. AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 12. ORANGE COUNTY SANITATION DISTRICT 2021 ASSET 2021-2028 MANAGEMENT PLAN Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Orange County Sanitation District 2021 Asset Management Plan. AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez Page 6 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 ABSTENTIONS: None 13. SUPERCRITICAL WATER OXIDATION RESEARCH OPPORTUNITY 2021-2029 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Services Agreement to 374Water Systems, Inc. for the Supercritical Water Oxidation Demonstration at Plant No. 1, Project No. RE21-01, to provide goods and services for demonstration of the 374Water AirSCWO Nix6 System, for an amount not to exceed $5,139,000; and B. Approve contingency funds for Project No. RE21-01 for a combined total not to exceed $514,000 (10%). AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 14. OCEAN OUTFALL CONDITION ASSESSMENT AND SCOPING 2021-2030 STUDY, PROJECT NO. PS18-09 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Approve a contingency increase of $823,200 (30%) to the Professional Services Agreement with Carollo Engineers, Inc. for Ocean Outfall Condition Assessment and Scoping Study, Project No. PS18-09, for a total contingency of $1,097,600 (40%). AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None Page 7 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 ADMINISTRATION COMMITTEE: 15. ADD RIALTO BIOENERGY FACILITY CONTRACT TO BIOSOLIDS 2021-2038 ACCOUNT POOL Originator: Lan Wiborg MOVED, SECONDED, AND DULY CARRIED TO: Ratify the addition of the Rialto Bioenergy Facility, LLC. biosolids contract to the Biosolids Account Pool effective July 28, 2021. AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 16. ADOPT ORANGE COUNTY SANITATION DISTRICT'S DEBT POLICY 2021-2039 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OC SAN 21-21, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District Adopting the Orange County Sanitation District's Debt Policy and Repealing Resolution No. OCSD 20-12". AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 17. DEFERRED PAYMENT AGREEMENT REQUEST FOR CHARGES 2021-2040 AND FEES OWED BY NOR-CAL BEVERAGE CO., INC. INDUSTRIAL WASTEWATER DISCHARGE PERMITTEE Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Page 8 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 Approve a deferred payment agreement with Nor-Cal Beverage Co., Inc. for charges owed for user fees in the amount of $496,231.50. AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 18. INVEST AND/OR REINVEST ORANGE COUNTY SANITATION 2021-2041 DISTRICT'S FUNDS AND ADOPT INVESTMENT POLICY STATEMENT Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OC SAN 21-22, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District Authorizing the Orange County Sanitation District's Treasurer to Invest and/or Reinvest the Orange County Sanitation District's Funds, Adopting the Orange County Sanitation District's Investment Policy Statement and Performance Benchmarks, and Repealing Resolution No. OCSD 20-13". AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 19. WASTEWATER REFUNDING REVENUE OBLIGATIONS, SERIES 2021-2042 2022A Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Page 9 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 A. Adopt Resolution No. OC SAN 21-23 entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the execution and delivery by the District of an Installment Purchase Agreement, a Trust Agreement, and a Continuing Disclosure Agreement in connection with the Orange County Sanitation District Wastewater Refunding Revenue Obligations, Series 2022A, authorizing the execution and delivery of such Revenue Obligations evidencing principal in an aggregate amount of not to exceed $107,315,000, approving a Notice of Intention to Sell, authorizing the distribution of an Official Notice Inviting Bids and an Official Statement in connection with the offering and sale of such Revenue Obligations and authorizing the execution of necessary documents and related actions"; and B. That the Orange County Sanitation District Financing Corporation approve the documents supporting and authorizing the Revenue Obligations in an aggregate amount not to exceed $107,315,000. AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 20. NINTEX APPLICATION DEVELOPMENT SERVICES 2021-2043 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Approve a Professional Services Agreement to AgreeYa Solutions, Inc. to provide Nintex Application Development Services, Specification No. CS-2021-1243BD, for a total amount not to exceed $300,000. AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None Page 10 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: 21. DRAFT 2022 LEGISLATIVE AND REGULATORY PLAN 2021-1981 Originator: Jim Herberg MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Orange County Sanitation District 2022 Legislative and Regulatory Plan. AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None STEERING COMMITTEE: 22. DIRECT ACCESS ENERGY PURCHASE PROGRAM 2021-2045 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: A. Approve Orange County Sanitation District's participation in the Southern California Edison Direct Access Program; B. Authorize the General Manager to select an energy service provider and execute a Direct Access Purchase Contract with a registered vendor for the period of January 11, 2022 to June 30, 2022, in a form approved by General Counsel; and C. Direct staff to initiate the procurement of a long-term direct access purchase agreement for continuation of service, for Board approval by June 30, 2022. AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None Page 11 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None 23. BAY BRIDGE PUMP STATION FORCE MAIN ISOLATION VALVE 2021-2046 REPLACEMENT, PROJECT NO. FRC-0013 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Ratify approval of a contingency increase of $52,118 (18%) to the Emergency Repair Service Contract with Charles King Company for Bay Bridge Pump Station Force Main Isolation Valve Replacement, Project No. FRC-0013, for a total contingency of $196,911 (68%). AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers, Chad Zimmerman, Nitesh Patel (Alternate) and Glenn Grandis (Alternate) NOES: None ABSENT: Doug Chaffee and Johnathan Ryan Hernandez ABSTENTIONS: None Chair Withers recessed the OC San Board of Directors Meeting at 7:02 p.m. ******************************************************************************************** Page 12 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 Director Faessel departed the meeting at approximately 7:02 p.m. ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION CALL TO ORDER Chair Withers called the Board of Directors, Orange County Sanitation District Financing Corporation meeting to order at 7:03 p.m. ROLL CALL AND DECLARATION OF QUORUM Kelly Lore, Secretary of the Financing Corporation, declared a quorum present as follows: PRESENT: Brad Avery, Art Brown, Kim Carr, Rose Espinoza, Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and Chad Zimmerman ABSENT: Doug Chaffee, Stephen Faessel and Johnathan Ryan Hernandez Ms. Lore announced that the members of the Orange County Sanitation District Board of Directors are each being compensated $212.50 for the Board of Directors Meeting; there is no additional compensation for the Financing Corporation Meeting. APPROVAL OF MINUTES FC-1 APPROVAL OF MINUTES - ORANGE COUNTY SANITATION 2021-2020 DISTRICT FINANCING CORPORATION Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Orange County Sanitation District Financing Corporation held May 26, 2021. AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and Chad Zimmerman NOES: None ABSENT: Doug Chaffee, Stephen Faessel and Johnathan Ryan Hernandez ABSTENTIONS: None NON-CONSENT: Page 13 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 FC-2 WASTEWATER REFUNDING REVENUE OBLIGATIONS, SERIES 2021-1839 2022A Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. FC-29 entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District Financing Corporation authorizing the execution and delivery by the Corporation of an Installment Purchase Agreement and a Trust Agreement in connection with the Orange County Sanitation District Wastewater Refunding Revenue Obligations, Series 2022A, authorizing the execution and delivery of such Revenue Obligations evidencing principal in an aggregate amount of not to exceed $107,315,000 and authorizing the execution of necessary documents and related actions." AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and Chad Zimmerman NOES: None ABSENT: Doug Chaffee, Stephen Faessel and Johnathan Ryan Hernandez ABSTENTIONS: None Chair Withers adjourned the meeting of the Board of Directors, Orange County Sanitation District Financing Corporation at 7:09 p.m. Page 14 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 Chair Withers reconvened the Orange County Sanitation District Board of Directors meeting at 7:09 p.m. NON-CONSENT: 24. CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2021-2035 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OC SAN 21-24 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the continuation of Remote Meetings pursuant to Government Code Section 54953". AYES: Brad Avery, Art Brown, Kim Carr, Mark Chirco, Rose Espinoza, Ryan Gallagher, Marshall Goodman, Patrick Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad Wanke, John Withers and Chad Zimmerman NOES: None ABSENT: Doug Chaffee, Stephen Faessel and Johnathan Ryan Hernandez ABSTENTIONS: None INFORMATION ITEMS: None. AB 1234 DISCLOSURE REPORTS: None. Directors Avery and Kuo departed the meeting at approximately 7:11 p.m. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1). The Board convened in closed session at 7:12 p.m. Confidential minutes of the Closed Sessions have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session meetings. CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - 2021-2044 GOVERNMENT CODE SECTION 54956.9(d)(1) CONVENED IN CLOSED SESSION: Page 15 of 16 BOARD OF DIRECTORS Minutes December 15, 2021 Number of Cases: 1 Arlin Blazevic v. Orange County Sanitation District; Natasha Dubrovski; Lorenzo Tyner; and Does 1-100, inclusive, Superior Court of California, County of Orange, Case No. 30-2020-01149812-CU-WT-CJC. RECONVENE IN OPEN SESSION. The Board reconvened in opened session at 7:31 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: In regard to a question posed by Director Silva during the State Legislative update, Director Brown responded that the maker of the initiative in opposition of SB 9 & SB 10 is Our Neighborhood Voices. ADJOURNMENT: Mr. Hogin provided comments regarding the passing of his long-time colleague Joe Forbath. At 7:34 p.m., Chair Withers adjourned the meeting until the next Regular Meeting of the Board of Directors to be held on Wednesday, January 26, 2022 at 6:00 p.m. in memory of Joe Forbath. Submitted by: Kelly A. Lore, MMC Clerk of the Board Page 16 of 16 ORANGE COUNTY SANITATION DISTRICT MINUTES SPECIAL MEETING BOARD OF DIRECTORS JAN UARY 12, 2022 A� SAN ORANGE COUNTY SANITATION DISTRICT Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 BOARD OF DIRECTORS Minutes January 12, 2022 CALL TO ORDER A special meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chairman John Withers on Wednesday, January 12, 2022 at 6:01 p.m. in the Administration Building of the Orange County Sanitation District. Chair Withers stated that the meeting was being held telephonically and via Internet accessibility in accordance with new provisions in California Government Code Section 54953 and Resolution No. OC SAN 21-24, due to the continued State of Emergency Order and announced the teleconference meeting guidelines. Chair Withers delivered the Pledge of Allegiance. ROLL CALL The Clerk of the Board stated that late communication had been received regarding Item No. 1 and had been distributed to the Board members and had been made available to the public. 1. APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT 2022-2053 BOARD OF DIRECTORS Originator: Kelly Lore WITHOUT OBJECTION ITEM AS AMENDED WAS SO ORDERED TO: Receive and file minute excerpts of member agencies relating to appointments to the Orange County Sanitation District Board of Directors: Agency Director Alternate Director City of Anaheim Stephen Faessel Gloria Ma'ae City of Cypress Paulo Morales Anne Hertz City of Fountain Valley Patrick Harper Ted Bui City of Fullerton Jesus J. Silva Nick Dunlap City of Huntington Beach Kim Carr Dan Kalmick City of La Habra Rose Espinoza Steve Simonian City of Los Alamitos Ron Bates NONE City of Tustin Ryan Gallagher Austin Lumbard City of Irvine Anthony Kuo Farrah Kahn City of Newport Beach Brad Avery Joy Brenner City of Orange Kim Nichols Chip Monaco City of Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Costa Mesa Sanitary District Bob Ooten Art Perry Midway City Sanitary Dist. Andrew Nguyen Mark Nguyen Irvine Ranch Water Dist. John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Tom Lindsey Page 1 of 3 BOARD OF DIRECTORS Minutes January 12, 2022 DECLARATION OF QUORUM The Clerk of the Board declared a quorum present as follows: PRESENT: Brad Avery, Kim Carr, Art Brown, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Anthony Kuo, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke, John Withers and Chad Zimmerman ABSENT: Ron Bates, Steve Jones, Sandra Massa-Lavitt, Kim Nichols and Jesus Silva STAFF PRESENT: Kelly Lore, Clerk of the Board, and Mortimer Caparas were present in the Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Mo Abiodun; Jennifer Cabral; Tina Knapp; and Thomas Vu were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel, was in attendance telephonically. PUBLIC COMMENTS: None. NON-CONSENT: 2. CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2022-2052 Originator: Kelly Lore General Manager Herberg provided a brief update on the status of the rise in COVID-19 cases at OC San and reiterated the necessity of this resolution. MOVED, SECONDED AND DULY CARRIED TO: Adopt Resolution No. OC SAN 22-01 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the continuation of Remote Meetings pursuant to Government Code Section 54953". AYES: Brad Avery, Kim Carr, Art Brown, Doug Chaffee, Rose Espinoza, Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan Hernandez, Brooke Jones, Anthony Kuo, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn Parker, David Shawver, Chad Wanke, John Withers and Chad Zimmerman NOES: None ABSENT: Ron Bates, Steve Jones, Sandra Massa-Lavitt, Kim Nichols and Jesus Silva ABSTENTIONS: None Page 2 of 3 BOARD OF DIRECTORS Minutes January 12, 2022 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: At 5:13 p.m., Chair Withers adjourned the meeting until the next Regular Meeting of the Board of Directors to be held on Wednesday, January 26, 2022 at 6:00 p.m. Submitted by: Kelly A. Lore, MMC Clerk of the Board Page 3 of 3 BOARD OF DIRECTORS Administration Building 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2021-2034 Agenda Date: 1/26/2022 Agenda Item No: 5. FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: 2022 CONFLICT OF INTEREST CODE GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Adopt Resolution No. OC SAN 22-04 entitled, "A Resolution of the Board of Directors of Orange County Sanitation District adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted". BACKGROUND The Political Reform Act requires that every local agency review its Conflict of Interest Code biennially (which brings forth the review and amendment in 2022). The last biennial review was completed with a formal amendment to the Orange County Sanitation District's Conflict of Interest Code in August 2020. Staff is proposing this amendment to reflect an addition to those designated employees that are required to file statements of economic interests. RELEVANT STANDARDS • Political Reform Act, Government Code Sections 81000, et seq. • California Government Code Sections 87300-87306 • Fair Political Practices Commission (2 Cal. Code of Regs. Section 18100, et seq.) PROBLEM During the last budget cycle, positions were added, reclassified, or eliminated. These positions are required to file statements of economic interests and the updated Conflict of Interest Code must be adopted. PROPOSED SOLUTION Staff recommends that the Board of Directors adopt the draft 2022 Conflict of Interest Code which reflect the following changes: Orange County Sanitation District Page 1 of 2 Printed on 1/19/2022 powered by LegistarTM File #: 2021-2034 Agenda Date: 1/26/2022 Agenda Item No: 5. • Addition of the following new positions: Environmental Services Manager, Principal Environmental Specialist, and Principal Information Technology Analyst. If approved by the Board, the newly approved code will be forwarded to the Orange County Board of Supervisors for review and approval, as required by California Government Code Section 87303. TIMING CONCERNS The changes in position control have taken place and should not wait until a future meeting. RAMIFICATIONS OF NOT TAKING ACTION Non-compliance with state law. PRIOR COMMITTEE/BOARD ACTIONS August 2020 - Board of Directors amended the Conflict of Interest Code and approved Resolution No. OCSD 20-08. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Resolution No. OC SAN 22-04 • 2022 Draft Conflict of Interest Code Orange County Sanitation District Page 2 of 2 Printed on 1/19/2022 powered by LegistarTM RESOLUTION NO. OC SAN 22-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et seq. ("the Act"), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and WHEREAS, the Orange County Sanitation District has previously adopted a Conflict of Interest Code and that Code now requires updating; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, Section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Political Reform Act; and WHEREAS, the reorganization of the Orange County Sanitation District workforce resulted in the reclassification of positions; and WHEREAS, the Orange County Sanitation District's existing Conflict of Interest Code must be amended in order to reflect the current positions of those designated employees that are required to file statements of economic interests. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: OC SAN 22-XX-1 Section 1. The terms of 2 California Code of Regulations, Section 18730, any amendments to it duly adopted by the Fair Political Practices Commission, and all additional guidance by the Fair Political Practices Commission, are hereby incorporated by reference and, together with the 2022 Conflict of Interest Code for the Orange County Sanitation District, including Exhibits A and B in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the Orange County Sanitation District. Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto previously adopted by the Orange County Sanitation District are hereby superseded. Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution to the Clerk of the Orange County Board of Supervisors for review and approval by the Orange County Board of Supervisors as required by California Government Code Section 87303. PASSED AND ADOPTED at a regular meeting of the Board of Directors held January 26, 2022. John B. Withers Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OC SAN 22-XX-2 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OC SAN 22-XX was passed and adopted at a regular meeting of said Board on the 26th day of January 2022, 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 26th day of January 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OC SAN 22-XX-3 2022 CONFLICT OF INTEREST CODE FOR THE ORANGE COUNTY SANITATION DISTRICT The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard Conflict of Interest Code, which may be incorporated by reference in an agency's code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730, any amendments to it duly adopted by the Fair Political Practices Commission, and all additional guidance by the Fair Political Practices Commission, are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Orange County Sanitation District (OC San). The following designated employees shall file statements of economic interests electronically with the Clerk of the Orange County Board of Supervisors: Orange County Sanitation District Board of Directors, Orange County Sanitation District Financing Corporation, General Manager, General Counsel, Assistant General Manager, Director of Finance and Administrative Services, Director of Engineering, Director of Operations & Maintenance, Director of Environmental Services, Director of Human Resources, and the Clerk of the Board. The Orange County Sanitation District's Filing Officer (Clerk of the OC San's Board of Directors) will thereafter verify the completion of the filing statements. If OC San's Filing Officer receives any statements of economic interests by other means, the Filing Officer shall make and retain a copy and forward the original of these statements to the Clerk of the Orange County Board of Supervisors. Statements for all other designated employees will be retained by OC San's Filing Officer. OC SAN 22-XX-1 EXHIBIT A ORANGE COUNTY SANITATION DISTRICT LIST OF DESIGNATED POSITIONS CONFLICT OF INTEREST CODE Disclosure Designated Positions Categories Accounting Supervisor OC-05 Administration Manager OC-05 Administration Supervisor OC-05 Assistant Clerk of the Board OC-05 Assistant General Manager OC-01 Buyer OC-05 Capital Improvement Program Project Manager OC-41 Chief Plant Operator OC-05 Clerk of the Board OC-05 Construction Inspection Supervisor OC-05 Construction Inspector OC-10 Consultant OC-30 Contracts Administrator OC-05 Contracts Supervisor OC-05 Controller OC-05 Cost Estimator OC-41 Director of Engineering OC-41 Director of Environmental Services OC-41 Director of Finance & Administrative Services OC-41; OC-12 Director of Human Resources OC-41 , OC-11 Director of Operations & Maintenance OC-41 Engineer OC-29, OC-41 Engineering Manager OC-41 Engineering Supervisor OC-41 Environmental Laboratory & Ocean Monitoring Manager OC-05 *Environmental Services Manager (ADDITION) OC-29 Environmental Supervisor OC-29 General Counsel OC-01 General Manager OC-01 Human Resources & Risk Manager OC-11; OC-12 Human Resources Supervisor OC-11 Information Technology Supervisor OC-08 Information Technology Systems & Operations Manager OC-08 Lead Source Control Inspector OC-05; OC-29 Maintenance Manager OC-05 Maintenance Superintendent OC-05 Maintenance Supervisor OC-05 OC SAN 22-XX-2 Materials Control Supervisor OC-05 Operations Manager OC-05 Operations Supervisor OC-05 Orange County Sanitation District Financing Corporation Board OC-01 of Directors Principal Accountant OC-41 Principal Contracts Administrator OC-05 Principal Buyer OC-05 *Principal Environmental Specialist ADDITION OC-29 Principal Human Resources Analyst OC-11 *Principal Information Technology Analyst ADDITION OC-08 Principal Public Affairs Specialist OC-05 Principal Staff Analyst OC-05; OC-12 Purchasing and Contracts Manager OC-05 Public Affairs Supervisor OC-05 Purchasing Supervisor OC-05 Safety & Health Supervisor OC-05 Secretary of the Orange County Financing Corporation OC-05 Senior Buyer OC-05 Senior Construction Inspector OC-10 Senior Contracts Administrator OC-05 Senior Cost Estimator OC-41 Senior Engineer OC-05 Senior Scientist OC-21 Source Control Supervisor OC-29 Source Control Inspector I and II OC-29 Treasurer of the Orange County Financing Corporation OC-41 *The following amendments are made: ADDITIONS: Environmental Services Manager Principal Environmental Specialist Principal Information Technology Analyst OC SAN 22-XX-3 EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Category Disclosure Description OC-01 All interests in real property in Orange County or located entirely or partly within OC San's boundaries, as well as investments, business positions and sources of income (including gifts, loans and travel payments). OC-05 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, equipment (including training and consulting services) used by OC San. OC-08 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that develop or provide computer hardware/software, voice data communications, or data processing goods, supplies, equipment, or services (including training and consulting services) used by OC San. OC-10 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that are engaged in any real estate activity including, but not limited to real estate appraisal, development, construction, planning/architectural design, engineering, sales, brokerage, leasing, lending, insurance, rights of way, and/or studies; and/or property or facilities management/maintenance/custodial and utility services used by the Sanitation District or provides capital for the purchase of property used or sold by OC San. OC-11 All interests in real property in Orange County or located entirely or partly within the OC San's boundaries, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that are engaged in the supply of equipment related to (i) recruitment, employment search & marketing, classification, training, or negotiation with personnel; (ii) employee benefits; and (iii) health and welfare benefits. OC-12 All interests in real property in Orange County or located entirely or partly within OC San's boundaries, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that invest funds or engage in the business of insurance including, but not limited to insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents, adjusters, claims managers and actuaries; from financial institutions including but not limited to, banks, savings & loan associations and credit unions or sources that have filed a claim, or have a claim pending, against OC San. OC SAN 22-XX-4 EXHIBIT B ORANGE COUNTY SANITATION DISTRICT DISCLOSURE CATEGORIES CONFLICT OF INTEREST CODE Disclosure Category Disclosure Description OC-21 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide laboratory or chemical — related goods, supplies, equipment, or services (including training and consulting services). OC-29 All investments in, business positions with and income (including gifts, loans and travel payments) from sources that are subject to inspection or regulation by OC San. OC-30 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The Department Head/Director/General Manager may determine that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The determination of disclosure is a public record and shall be filed with the Form 700 and retained by the Filing Officer for public inspection. OC-41 All interests in real property in Orange County, as well as investments in, business positions with and income (including gifts, loans and travel payments) from sources that provide services, supplies, materials, machinery, vehicles, or equipment (including training and consulting services) used by OC San. OC SAN 22-XX-5 BOARD OF DIRECTORS Administration Building 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2069 Agenda Date: 1/26/2022 Agenda Item No: 6. FROM: James D. Herberg, General Manager Originator: Lan C. Wiborg, Director of Environmental Services SUBJECT: PAYMENT OF ANNUAL NATIONAL POLLUTANT DISCHARGE AND ELIMINATION SYSTEM (NPDES) PERMIT FEES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve payment of $796,532 for the annual NPDES ocean discharge permit fees. BACKGROUND Under the Clean Water Act, the Orange County Sanitation District (OC San) lawfully discharges treated wastewater into the Pacific Ocean under its NPDES ocean discharge permit which is jointly administered by the Santa Ana Regional Water Quality Control Board (RWQCB) and the USEPA. In accordance with Sections 13260 and 13269 of the California Water Code, an annual fee is required to maintain this permit. The fee is based on OC San's facility design flow. On January 12, 2022, OC San received an invoice from the State Water Resources Control Board (SWRCB) in the amount of $796,532 for fiscal year 2021-2022. This amount is approximately an 11.7% increase from fiscal year 2020-2021. RELEVANT STANDARDS • Comply with environmental permit requirements • 24/7/365 treatment plant reliability • California Water Code Sections 13260 & 13269 PROBLEM OC San is required by California Water Code Sections 13260 and 13269 to pay an annual fee to maintain our ocean discharge permit. PROPOSED SOLUTION Approve payment of the annual NPDES ocean discharge permit fees in the amount of $796,532 as invoiced by the California State Water Resources Control Board for Fiscal Year 2021-2022. Orange County Sanitation District Page 1 of 2 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2069 Agenda Date: 1/26/2022 Agenda Item No: 6. TIMING CONCERNS If the invoice is not paid in a timely manner, OC San may be subject to late fees. RAMIFICATIONS OF NOT TAKING ACTION If payment is delayed, OC San would be subject to penalties under provision of the Water Code Section 13261. These actions could include daily penalties in addition to the fee or other actions deemed appropriate by RWQCB. PRIOR COMMITTEE/BOARD ACTIONS This fee is invoiced and paid annually. ADDITIONAL INFORMATION N/A CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of OC San's Purchasing Ordinance. This item has been budgeted. (Line item: Section 6, Page 48). ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Invoice No. WD-0196850 Orange County Sanitation District Page 2 of 2 Printed on 1/19/2022 powered by LegistarTM INVOICE Annual Permit Fees Required by Sections 13260 & 13269 Water Boards of the California Water Code FACILITY ID(WDID): 8 300110002 INVOICE NO: WD-0196850 FACILITY NAME: OCSD PLANT 1 BILLING PERIOD: 07/01/21 -06/30/22 10844 ELLIS INVOICE DATE: 1/5/2022 FOUNTAIN VALLEY,CA 92708 INDEX NO: 471116 C� Total Amount Due by Friday,February 4,2022 $796,532.00 OCSD ENVIRONMENTAL SERVICES 10844 ELLIS AVE FOUNTAIN VALLEY,CA 92708 Invoice details are shown on the back STATE WATER RESOURCES CONTROL BOARD Annual Permit Fee Facility ID: 8 300110002 Billing Period: 07/01/21 -06/30122 Invoice No: WD-0196850 Amount Due: $796,532.00 Due By: Friday, February 4,2022 PLEASE REMIT YOUR PAYMENT ON OR BEFORE THE DUE DATE SHOWN ABOVE. LATE PAYMENT COULD RESULT IN PENALTIES UNDER PROVISIONS OF THE WATER CODE SECTION 13261. THESE ACTIONS COULD INCLUDE DAILY PENALTIES IN ADDITION TO YOUR FEE OR OTHER ACTIONS DEEMED APPROPRIATE BY THE REGIONAL BOARD. Make your check payable to State Water Resources Control Board If you have any questions about this invoice, please call the Water Board at 951-782-4130. Retain this portion for your records Please detach and return this portion with your payment ❑ CHECK HERE FOR ADDRESS CORRECTION ON THE BACK OCSD ENVIRONMENTAL SERVICES 10844 ELLIS AVE INVOICE NO: WD-0196850 FOUNTAIN VALLEY,CA 92708 INDEX NO: 471116 (714)593-7383 (Please print the above number on check or money order) AMOUNT DUE: $796,532.00 BILLING PERIOD: 07/01/21 -06/30/22 DUE BY: 214/22 SWRCB FACILITY ID(WDID): 8300110002 PO BOX 1888 FACILITY NAME: OCSD PLANT 1 SACRAMENTO,CA 95812-1888 10844 ELLIS FOUNTAIN VALLEY,CA 92708 BG - 1/13 STATE WATER RESOURCES CONTROL BOARD INVOICE DETAILS FACILITY ID(WDID): 8 300110002 INVOICE NO: WD-0196850 ORDER NO: R8-2021-0010 BILLING PERIOD: 07/01/21 -06/30/22 REGION: 8 DESCRIPTION AMOUNT 66 786,532.00 NPDES WW BASED ON FLOW Fee Basis: 332 mgd 66E 10,000.00 NPDES PRETREATMENT Fee Basis: Pretreatment Surcharge TOTAL AMOUNT DUE $796,532.00 If you have any questions about this invoice,please call the Water Board at 951-782-4130. or you may send an email(preferred)to: RB8Fees@waterboards.ca.gov Web Site Address:Visit the Water Quality Fees website for more information:hftps://www.waterboards.ca.gov/resources/fees/water—quality/ For payment status of your invoice,please go to the"Stormwater and Wastewater permit Fee Invoice Information"link at http://infofees.waterboards.ca.gov/Feel nfo/Dischargerl nvoice.aspx Please allow 10 business days after mailing for your payment to be posted to the database. BILLING ADDRESS CORRECTIONS Please print the new billing address information in the space provided below ❑ Please check box if the facility has changed ownership. FACILITY ID (WDID): 8300110002 OCSD PLANT 1 BILLING NAME: ���❑❑��❑���❑❑�������������❑��� CONTACT PERSON: ❑���❑�����❑�������❑���������� STREET: ❑����������❑��❑����❑��������� CITY: ����❑����❑❑❑��❑❑��❑�❑��❑������ STATE: �❑ ZIP: PHONE: ��� � ❑�—��❑� EMAIL ADDRESS: ❑�❑❑���❑�❑❑��❑❑�❑��❑��❑��❑��� 8 �1�1�•.ph.};„ (a AVIN NEW."iOM GOVERNOR cnwo RNla .TARED BLUMENFELD W SECRETARY OR Water Boards ENVIRONMEN7'AI.('RO'I'ECI'10^^1 State Water Resources Control Board To Pay Online by Credit Card or Electronic Fund Transfer (Debit) Go to: https://www.waterboards.ca.gov/make_a—payment/for more information. For credit card payments: A convenience fee of 2.3% with a minimum fee of $1.00 will be charged per transaction by the vendor. Visit the Water Quality Fees website for additional information, including our Taxpayer ID#, Frequently Asked Questions, stakeholder information and to search for your permit's invoice status: -- — -- http://www.waterboards.ca.gov/resources/fees/water—quality/ Due to the COVID-19 emergency, most staff are working remotely and are reachable by email (listed below by region). Voicemail messages are unable to be returned in a timely manner. For questions about your invoice and/or permit, contact the appropriate Regional Water Quality Control Board below: Region Email (preferred) 1 — North Coast Lori.Foster@waterboards.ca.gov 2 — San Francisco Yuliya.Scales@waterboards.ca.gov 3 —Central Coast RB3-Fees@waterboards.ca.gov 4— Los Angeles RB4Fees@waterboards.ca.gov 5F—Central Valley (Fresno) RB5F-Fees@waterboards.ca.gov 5R—Central Valley (Redding) RB5R-Fees@waterboards.ca.gov - 5S —Central Valley (Sacramento) R5-Fees@ waterboards.ca.gov_ -- - _ 6A— Lahontan (S. Lake Tahoe) Amber.Wike@waterboards.ca.gov 6B— Lahontan (Victorville) Sandra.Lopez@waterboards.ca.gov 7—Colorado River Basin Maribel.Pizano@waterboards.ca.gov 8 — Santa Ana RB8Fees@waterboards.ca.gov 9—San Diego Kimberly.McMurray-Cathcart@waterboards.ca.gov E. JOAQUIN ESQUIVEL, CHAIR I EILEEN SOBECK, EXECUTIVE DIRECTOR 1001 1 Street,Sacramento,CA 95814 1 'Mailing Address: P.O. Box 100, Sacramento,CA 95812-0100 1 www.waterboards.ca.gov BOARD OF DIRECTORS Administration Building 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2092 Agenda Date: 1/26/2022 Agenda Item No: 7. FROM: James D. Herberg, General Manager Originator: Lan C. Wiborg, Director of Environmental Services SUBJECT: SAWPA CONFIDENTIALITY AND COMMON INTEREST AGREEMENT FOR DEVELOPING A REGIONAL APPROACH TO ADDRESS PFAS CONTAMINATION GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve and authorize the General Manager to execute the Confidentiality and Common Interest Agreement by and among Orange County Sanitation District and the Santa Ana Watershed Project Authority (SAWPA); the Eastern Municipal Water District; the Inland Empire Utilities Agency, the Orange County Water District (OCWD), the San Bernardino Valley Municipal Water District, and the Western Municipal Water District (collectively referred to as the "Parties") to develop a regional approach to treating or otherwise remediating the surface and ground waters and reclaimable wastewaters in the Santa Ana River Basin that have been, or are threatened to be, contaminated by per- and polyfluoroalkyl substances (collectively, "PFAS"). BACKGROUND In order to advance and promote their Common Interests in addressing and resolving the problems posed by PFAS contamination in the Santa Ana River Basin (Basin), including, but not limited to, investigating and pursuing pending and potential claims relating to PFAS contamination, the Parties desire to collaborate with each other by, among other things, having their respective staff persons and attorneys undertake a wide range of pre-decisional, investigatory, and information-gathering actions and activities intended to investigate and address the ubiquitous problems posed by PFAS contamination. RELEVANT STANDARDS • Protect OC San assets • Sustain 1, 5, 20-year planning horizons • Listen to and seriously consider community input on environmental concerns • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities Orange County Sanitation District Page 1 of 2 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2092 Agenda Date: 1/26/2022 Agenda Item No: 7. • Meet volume and water quality needs for the GWRS • Use all practical and effective means for resource recovery PROBLEM The Parties believe that their mutual interests will be best served by participating in common interest meetings, conferences, and communications in which to share confidential, proprietary work product or privileged documents, factual material, mental impressions, investigative information, memoranda, interview reports, expert reports, and other oral or written information generated in connection with the wide range of pre-decisional, investigatory, and information-gathering actions and activities intended to investigate and address the ubiquitous problems posed by PFAS contamination. However, a Confidentiality and Common Interest Agreement is not yet in place. PROPOSED SOLUTION Staff recommends that the Board of Directors approve the Confidentiality and Common Interest Agreement. TIMING CONCERNS OCWD is currently one of the plaintiffs in a cost recovery action pending against various defendants entitled, Orange County Water District, et al., v. 3M Company, et al., Orange County Superior Court Civil Action No. 30-2020-01172419-CU-PL-CXC (the "3M Action"). Likewise, in evaluating the feasibility of asserting potential claims against the same defendants in the 3M Action and possibly other responsible third parties, relating to PFAS contamination in the Basin, the other Parties desire to enter into this Agreement to obtain similar information to share with their respective attorneys in seeking legal advice and counsel relating to such claims. Thus, time is of the essence. RAMIFICATIONS OF NOT TAKING ACTION OC San will not be able to obtain similar information to share with their respective attorneys in seeking legal advice and counsel relating to such claims against the same defendants in the 3M Action and possibly other responsible third parties, relating to PFAS contamination in the Basin. PRIOR COMMITTEE/BOARD ACTIONS N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Confidentiality and Common Interest Agreement Orange County Sanitation District Page 2 of 2 Printed on 1/19/2022 powered by LegistarTM CONFIDENTIALITY AND COMMON INTEREST AGREEMENT This Confidentiality and Common Interest Agreement("Agreement") is made and entered into as of , 2022,by and among the Santa Ana Watershed Project Authority("SAWPA"), the Eastern Municipal Water District, the Inland Empire Utilities Agency, the Orange County Water District ("OCWD"), the San Bernadino Valley Municipal Water District, the Western Municipal Water District, and the Orange County Sanitation District. Hereinafter, SAWPA and the other above-named public agencies shall collectively be referred to as the "Parties" and individually as "Party." Recitals 1.1 The Parties to this Agreement have common interests (collectively, "Common Interests" as defined below) in, among other things, developing and maintaining regional plans, programs, and projects that will protect the water resources in the Santa Ana River basin (the "Basin"). With specific reference to this Agreement, the Parties share Common Interests in, among other things, developing a regional approach to treating or otherwise remediating the surface and ground waters and reclaimable wastewaters in the Basin that have been, or are threatened to be, contaminated by per- and polyfluoroalkyl substances (collectively, "PFAS"). 1.2 In order to advance and promote their Common Interests in addressing and resolving the problems posed by PFAS contamination in the Basin, including, but not limited to, investigating and pursuing pending and potential claims relating to such PFAS contamination as described below, the Parties desire to collaborate with each other by, among other things, having their respective staff persons and attorneys undertake the following pre-decisional, investigatory, and information-gathering actions and activities, among others: 1.2.1 Formulate and develop proposed plans, programs, and projects to mitigate, reduce, or eliminate PFAS concentrations in discharges to the Santa Ana River and its tributaries (collectively, the "SAR") above Prado Dam that are made by publicly owned treatment works ("POTWs"). 1.2.1.1 Undertake watershed assessment studies to investigate the feasibility of identifying and isolating the amount of PFAS contaminants that third parties are responsible for placing in the water received by POTWs before such water is treated and discharged into the SAR above Prado Dam. 1.2.1.2 Evaluate methodologies to reduce or eliminate PFAS contaminants in discharges made by POTWs with or without mitigation or reduction via pre- treatment/source control activities. 1.2.1.3 Based on the results of the investigation and evaluation described in subparts 1.2.1.1 and 1.2.1.2 above, identify and evaluate the feasibility of, and the costs associated with, various alternatives to sufficiently mitigate or reduce PFAS concentrations in discharges to the SAR above Prado Dam that are made by POTWs. The relative feasibility and cost of each alternative will be assessed with the goal of identifying a preferred alternative. 1 1.2.2 Formulate and develop plans,programs, and projects to mitigate,reduce, or eliminate PFAS concentrations in discharges to the SAR above Prado Dam that are made by non-POTW sites. 1.2.2.1 Undertake watershed assessment studies to investigate the feasibility of identifying and isolating the amount of PFAS contaminants that are discharged from non-POTWs into the SAR above Prado Dam. 1.2.2.2 Evaluate methodologies to reduce or eliminate PFAS discharges to the SAR above Prado Dam that are made by non-POTWs. 1.2.2.3 Based on the results of the investigation and evaluation described in subparts 1.2.2.1 and 1.2.2.2 above, identify and evaluate the feasibility of, and the costs associated with,various alternatives to reduce/eliminate PFAS discharges to the SAR above Prado Dam that are made by non-POTWs. This evaluation would include quantifying the effect that such reductions/eliminations would have on PFAS concentrations at locations of interest along the SAR, including Riverside Narrows, Prado Dam, and Imperial Highway. The relative feasibility and cost of each alternative will be assessed with the goal of identifying a preferred alternative. 1.2.3 Formulate and develop a proposed institutional framework for roles and responsibilities of the agencies that would undertake the activities and pursue the objectives described in subsections 1.2.1 and 1.2.2 above. 1.2.4 Assess the regulatory feasibility of undertaking the activities and pursuing the objectives described in subsections 1.2.1, 1.2.2, and 1.2.3 above. 1.2.5 Formulate and develop a proposed equitable cost allocation framework to fund the PFAS investigations and reduction programs, including potential cost recovery via litigation against the chemical manufacturers and commercial users of PFAS who are responsible for placing PFAS into the stream of commerce and/or the environment where such contaminants can make their way into the Basin. 1.3 To further advance and promote their Common Interests in addressing and resolving the problems posed by PFAS contamination, the Parties also desire to collaborate with each other by, among other things, having their respective decision-making bodies consider entering into one or more Memorandums of Understanding ("MOUs"), or other similar forms of agreement,to approve,adopt,and implement the proposed plans,programs and projects developed by the Parties' respective staff persons and attorneys as a result of undertaking the actions and activities described above. 1.4 OCWD is currently one of the plaintiffs in a cost recovery action pending against various defendants entitled, Orange County Water District, et al., v. 3M Company, et al., Orange County Superior Court Civil Action No. 30-2020-01172419-CU-PL-CXC (the "3M Action"). In order to, among other things, (a) investigate and identify possible ways to mitigate the PFAS- related damages and remediation costs that OCWD is seeking to recover in the 3M Action and(b) obtain information regarding (i) the nature and extent of PFAS contamination in the Basin, (ii) potential remedies to reduce such contamination, and (iii) other PFAS-related matters to 2 communicate to OCWD's attorneys in obtaining legal advice and counsel to promote and protect OCWD's interests in the 3M Action, and in any related litigation, OCWD desires to enter into this Agreement for these additional reasons. 1.5 Likewise,in evaluating the feasibility of asserting potential claims against the same defendants in the 3M Action and possibly other responsible third parties, relating to PFAS contamination in the Basin,the other Parties to this Agreement desire to enter into this Agreement for additional reasons similar to OCWD's and to obtain similar information to share with their respective attorneys in seeking legal advice and counsel relating to such claims. All attorneys and law firms referred to in this subsection 1.4 and in subsection 1.3 above shall collectively be referred to as the "Parties' Respective Attorneys." 1.6 Without compromising the confidentiality of information (collectively referred to as "Confidential Information" as defined below) relating to the Parties' Common Interests in (a) undertaking pre-decisional actions and efforts to formulate, prepare, and present the proposed MOUs, or other agreements, for approval by their respective decision-making bodies, and (b) investigating and pursuing pending or potential claims relating to PFAS contamination in the Basin and the possible options and alternatives to remediate or reduce such contamination, the Parties desire to share such Confidential Information with each other and the Parties' Respective Attorneys. 1.7 The Parties believe that the disclosure of Confidential Information relating to the Common Interests between and among the Parties and the Parties' Respective Attorneys is reasonably necessary to promote the Parties' Common Interests, to accomplish the purposes for which the Parties' Respective Attorneys have been or will be consulted regarding HAS contamination, and to further the purpose of the Parties' deliberations and consultations with each other's respective staff persons, legal counsel, and decision-making bodies. 1.8 The Parties further believe that their mutual interests will best be served by participating in common interest meetings, conferences, and communications in which to share confidential, proprietary, work product or privileged documents, factual material, mental impressions, investigative information, memoranda, interview reports, expert reports, and other oral or written information generated in connection with the Common Interests referenced above, including certain confidences of the Parties (hereinafter collectively referred to as the "Common Interest Materials" as defined below). 1.9 The Parties intend for this Agreement to create a reasonable expectation of confidentiality with regard to any Confidential Information disclosed between or among the Parties relating to their Common Interests. 1.10 For purposes of this Agreement,"Common Interest Materials"shall mean and refer to any Confidential Information relating to the Common Interests that is transmitted, shared, disclosed,or otherwise communicated between or among the Parties and/or the Parties' Respective Attorneys. 1.11 "Confidential Information" shall mean and refer to any data, recordings, oral or written communications,handwritten,printed,or electronic documents, and any other materials or 3 information in whatever form, that are privileged or protected from discovery or disclosure under the attorney-client privilege,the attorney work product doctrine,the common interest doctrine,the deliberative process privilege, or any other statutory or common law privilege or protection. 1.12 "Common Interests" shall mean and refer to the Parties' common interests recited in subsections 1.1 through 1.5 above. 2. TERMS OF AGREEMENT In consideration for the execution of this Agreement, and the above Recitals (which shall be deemed substantive provisions hereof and are hereby acknowledged and agreed to as such by the Parties),terms, obligations, and covenants contained herein,the Parties agree to the following: 2.1 No Joint Attorney/Client Relationship; No Basis To Disqualify Counsel. The Parties and their interests are represented by their own respective attorneys, and nothing in this Agreement, nor the Parties' decision to enter into this Agreement, is intended to: (a) compromise the separate and independent attorney-client relationship between the Parties to this Agreement and their separate respective counsel, or (b) create a joint attorney-client relationship between the Parties and any of their separate respective counsel. Neither the act of entering into this Agreement, nor any action taken under this Agreement, including the exchange of privileged information,nor any breach of this Agreement, may be used as a basis for seeking to disqualify any Party's counsel. 2.2 Nonwaiver of Applicable Privileges. 2.2.1 The disclosure between or among the Parties or the Parties' Respective Attorneys of any Confidential Information relating to the Common Interests (defined herein as "Common Interest Materials") is not intended to be, and shall not be construed as, a waiver of the attorney-client privilege, the attorney work product doctrine, the common interest doctrine, the deliberative process privilege, or any other statutory or common law privilege or protection. Except as otherwise provided herein, all Common Interest Materials shall be and remain confidential and privileged from disclosure to adverse parties or to any other persons or entities who are not Parties to this Agreement. 2.2.2 Any exchanges or disclosures of any Common Interest Materials between or among the Parties or the Parties' Respective Attorneys would not have been made, and will not be made, but for the sake of (a) securing, advancing, or supplying legal representation by Parties' Respective Attorneys or (b) facilitating and promoting the investigations, negotiations, discussions, and other activities leading up to the preparation and approval of the above-described MOUs or other agreements to be presented to the Parties' respective decision-making bodies. The Parties consider all such exchanges and disclosures of Common Interest Materials to be essential to the effective representation of their respective interests,and within the common interest doctrine recognized by California law and California Rules of Court. 4 2.3 Limitations on Use of Common Interest Materials. 2.3.1 All Common Interest Materials shall be used solely in connection with the Parties' attempts to (a) treat, mitigate, or remediate PFAS contamination in the Basin, (b) identify third parties who are responsible for such contamination, (c)prosecute pending legal actions, investigate potential PFAS-related claims, or otherwise seek cost recovery for the treatment or remediation of PFAS and other contamination in the Basin from responsible third parties including through litigation, and (d) defend against any claims of third parties relating to PFAS contamination in the Basin. The Parties' use of Common Interest Materials shall be limited to confidential use by the Parties and their employees, consultants, and the Parties' Respective Attorneys, and shall not include the right to disclose any such Materials to third parties or to introduce, seek to admit into evidence, refer to, or otherwise disclose any such Materials in any trial, arbitration, mediation, or other judicial, administrative, or other proceedings for any reason, without first obtaining the written consent of the other Parties to this Agreement. 2.3.2 In addition, except as provided herein, no Party, and no Party's counsel, shall disclose any Common Interest Materials generated by or received from one of the other Parties to anyone who is not a Party to this Agreement or is not one of the Parties' Respective Attorneys, without obtaining the written consent of the other Parties to this Agreement. All Confidential Information and Common Interest Materials discussed, generated at, or otherwise arising out of, any meetings at which any employees, agents, members, or representatives of any of the Parties are present shall be deemed to be privileged and confidential. 2.3.3 Provided the required written consent of the Parties is obtained, any person who is not a Party to this Agreement who receives any Common Interest Materials shall be advised beforehand that the Common Interest Materials are privileged and confidential and subject to the terms of this Agreement. Nothing in this Agreement shall limit the right of any Party or any Party's counsel, to disclose any documents or information that has been lawfully obtained or generated by that Party independently of this Agreement. 2.4 Demands for Common Interest Materials. If any person or entity requests or demands Common Interest Materials through discovery requests, subpoena, Public Records Act requests, or otherwise, the recipient of such a request or demand shall immediately notify the other Parties to this Agreement of the request or demand. Before making any disclosure of Common Interest Materials in response to such a request or demand, the Party receiving the request or demand shall immediately advise the Party or Parties who generated the aforementioned Common Interest Materials, and shall cooperate with the attempts of the other Party or Parties to preserve its/their privileges and protections. The Parties' duties under this paragraph with regard to Common Interest Materials received while this Agreement is in effect shall survive the termination of this Agreement or the withdrawal of any Party. 2.5 Remedies For Breach. 5 Any breach of the provisions of this Agreement will cause irreparable harm to the non- breaching Parties. Specific performance and injunctive relief shall be available to enforce the terms of this Agreement and shall be the sole remedies for its breach. No breach shall entitle any Party to any claim for damages, sanctions, or any other form of monetary award, except that reasonable attorney's fees shall be awarded to the prevailing party in any dispute arising under this section of this Agreement. 2.6 No Obligation to Share Confidential Information. This Agreement does not impose any obligation on the Parties or the Parties' Respective Attorneys to share documents or information with any other Party or their counsel. Nothing in this Agreement shall be deemed to create any duty of cooperation or other legal rights or duties, except as expressly stated herein. 2.7 No Licensing Rights. The supplying of Common Interest Materials shall not be considered to provide any license or proprietary rights, including any implied patent license or intellectual property rights in the property of another or any legal rights now or hereinafter held by virtue of this Agreement. 2.8 No Representations or Warranties re Accuracy. The Parties acknowledge that, except as may be set forth in a definitive, written agreement, no Party nor any of its directors, officers, employees, affiliates, advisors, or elected or appointed officials shall have been deemed to make, or shall be responsible for, any representations or warranties, express or implied, with respect to the accuracy or completeness of the Common Interest Materials supplied under this Agreement. Further, it is acknowledged hereby by the Parties that only those representations and warranties made by the Parties in a definitive, written agreement shall have any force or effect. 2.9 Limitations on Liability. In no event shall any Party be liable to another for consequential, special, indirect, incidental, punitive or exemplary loss, damage or expense relating to this Agreement. 2.10 Duty of Care. The Parties shall protect the disclosed Common Interest Materials by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, disclosure, dissemination, or publication of the Common Interest Materials as a Party uses to protect its own Confidential Information. 3. ADDITIONAL TERMS 3.1 No Agency Relationship. Nothing herein shall create any agency relationship among the Parties, and no Party or Parties shall have any right or authority to waive any privilege or protection on behalf of any other 6 Party or Parties. The waiver of any privilege or protection by a Party or Parties shall not be deemed to be a waiver of the same privilege or protection by the other Party or Parties to this Agreement. 3.2 Agreement Not Confidential. Neither this Agreement, nor any of its terms or conditions, shall be deemed confidential. 3.3 Entire Agreement. This Agreement shall constitute the entire agreement between the Parties with respect to the subject matter of this Agreement and shall supersede and replace any previous agreements and understandings between or among the Parties, whether written or oral, with respect to the subject matter of this Agreement, provided, however, that any prior confidentiality agreements between the Parties shall remain in full force and effect. This Agreement represents the final agreement between and among the Parties and may not be contradicted by evidence of prior, contemporaneous or subsequent agreements of the Parties. There are no unwritten oral agreements between the Parties respecting the subject matter of this Agreement. 3.4 Authority. Each Party warrants and represents to each other Party that the undersigned representative for such Party has full and complete authority to execute this Agreement and bind said Party to the terms hereof. Each Party further warrants and represents that it has negotiated this Agreement through its respective counsel and that such Party has voluntarily executed it after consulting with counsel of its own choosing. 3.5 Counterparts; electronic signature. This Agreement shall become binding upon the execution of the Agreement by each Party. This Agreement may be executed in any number of counterparts, each of which shall be fully effective as an original, and all of which together shall constitute one and the same instrument. A signature delivered by electronic mail shall have the same force and effect as an original signature. When fully executed, the effective date of this Agreement shall be the date written in the first paragraph on page 1 hereof. SO AGREED: SANTA ANA WATERSHED PROJECT AUTHORITY. (Dated) By: [Print Name] Its: [Print Title] 7 By: [Print Name] Its: [Print Title] EASTERN MUNICIPAL WATER DISTRICT. (Dated) By: [Print Name] Its: [Print Title] By: [Print Name] Its: [Print Title] INLAND EMPIRE UTILITIES AGENCY. (Dated) By: [Print Name] Its: [Print Title] By: [Print Name] Its: [Print Title] ORANGE COUNTY WATER DISTRICT. (Dated) By: [Print Name] Its: [Print Title] By: [Print Name] Its: [Print Title] SAN BERNADINO VALLEY MUNICIPAL WATER DISTRICT. (Dated) By: [Print Name] 8 Its: [Print Title] By: [Print Name] Its: [Print Title] WESTERN MUNICIPAL WATER DISTRICT. (Dated) By: [Print Name] Its: [Print Title] By: [Print Name] Its: [Print Title] ORANGE COUNTY SANITATION DISTRICT. (Dated) By: [Print Name] Its: [Print Title] By: [Print Name] Its: [Print Title] 9 BOARD OF DIRECTORS Administration Building 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2021-2010 Agenda Date: 1/26/2022 Agenda Item No: 8. FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF DECEMBER 2021 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the following: Report of the Investment Transactions for the month of December 2021. BACKGROUND The CA Government Code requires that a monthly report of investment transactions be provided to the legislative body. Attached is the monthly report of investment transactions for the month ended December 31, 2021. RELEVANT STANDARDS • CA Government Code Section 53607 PRIOR COMMITTEE/BOARD ACTIONS N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Report of the Investment Transactions for the Month of December 2021 Orange County Sanitation District Page 1 of 1 Printed on 1/16/2022 powered by LegistarTM U.S. Bank Transaction History December 2021 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss ACQUISITIONS 12/01/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 33,750.0000 1.000000 -33,750.00 33,750.00 0.00 12/02/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 178.9900 1.000000 -178.99 178.99 0.00 12/02/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 112.0000 1.000000 -112.00 112.00 0.00 12/08/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 256,250.0000 1.000000 -256,250.00 256,250.00 0.00 12/09/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 81,250.0000 1.000000 -81,250.00 81,250.00 0.00 12/10/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 14,375.0000 1.000000 -14,375.00 14,375.00 0.00 12/13/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 39,750.0000 1.000000 -39,750.00 39,750.00 0.00 12/14/2021 912828ZX1 PURCHASED PAR VALUE OF U S TREASURY NT 0.125% 6/30/22/NOMURA 5,000,000.0000 0.999844 -4,999,218.75 4,999,218.75 0.00 SECURITIES INTERNATIONA/5,000,000 PAR VALUE AT 99.984375% 12/14/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 159,706.2500 1.000000 -159,706.25 159,706.25 0.00 12/15/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 2,063.5200 1.000000 -2,063.52 2,063.52 0.00 12/15/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 617,503.4000 1.000000 -617,503.40 617,503.40 0.00 12/16/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 966.1700 1.000000 -966.17 966.17 0.00 12/17/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 24,762.5000 1.000000 -24,762.50 24,762.50 0.00 12/20/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 30,500.0000 1.000000 -30,500.00 30,500.00 0.00 12/20/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 196,716.2900 1.000000 -196,716.29 196,716.29 0.00 12/21/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 1,872.5300 1.000000 -1,872.53 1,872.53 0.00 12/22/2021 912828ZX1 PURCHASED PAR VALUE OF U S TREASURY NT 0.125% 6/30/22/NOMURA 2,000,000.0000 0.999766 -1,999,531.25 1,999,531.25 0.00 SECURITIES INTERNATIONA/2,000,000 PAR VALUE AT 99.9765625% 12/22/2021 91282CDG3 PURCHASED PAR VALUE OF U S TREASURY NT 1.125%10/31/26/CITIGROUP 4,250,000.0000 0.995195 -4,229,580.08 4,229,580.08 0.00 GLOBAL MARKETS INC./4,250,000 PAR VALUE AT 99.51953129% 12/23/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 71,000,000.0000 1.000000 -71,000,000.00 71,000,000.00 0.00 12/23/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 50,000,000.0000 1.000000 -50,000,000.00 50,000,000.00 0.00 12/27/2021 780151<71-11 PURCHASED PAR VALUE OF ROYAL BANK OF MTN 1.150% 6/10/25/RBC CAPITAL 1,500,000.0000 0.990600 -1,485,900.00 1,485,900.00 0.00 MARKETS,LLC/1,500,000 PAR VALUE AT 99.06% 12/28/2021 912796U23 PURCHASED PAR VALUE OF U S TREASURY BILL 4/26/22/CITIGROUP GLOBAL 10,000,000.0000 0.999646 -9,996,463.06 9,996,463.06 0.00 MARKETS INC./10,000,000 PAR VALUE AT 99.9646306% 12/28/2021 912796U23 PURCHASED PAR VALUE OF U S TREASURY BILL 4/26/22/GOLDMAN SACHS& 10,000,000.0000 0.999636 -9,996,363.89 9,996,363.89 0.00 CO.LLC/10,000,000 PAR VALUE AT 99.9636389% 12/28/2021 912796R43 PURCHASED PAR VALUE OF U S TREASURY BILL 6/23/22/CITADEL CLEARING 10,000,000.0000 0.999090 -9,990,904.17 9,990,904.17 0.00 LLC/10,000,000 PAR VALUE AT 99.9090417% 12/28/2021 91282CAC5 PURCHASED PAR VALUE OF U S TREASURY NT 0.125% 7/31/22/GOLDMAN 10,000,000.0000 0.999531 -9,995,312.50 9,995,312.50 0.00 SACHS&CO.LLC/10,000,000 PAR VALUE AT 99.953125% 12/29/2021 747525AFO PURCHASED PAR VALUE OF QUALCOMM INC 3.450% 5/20/25/GOLDMAN SACHS 2,000,000.0000 1.065500 -2,131,000.00 2,131,000.00 0.00 &CO. LLC/2,000,000 PAR VALUE AT 106.55% 12/29/2021 91282CCX7 PURCHASED PAR VALUE OF U S TREASURY NT 0.375% 9/15/24/CITADEL 7,500,000.0000 0.985586 -7,391,894.53 7,391,894.53 0.00 CLEARING LLC/7,500,000 PAR VALUE AT 98.55859373% 1 of 7 U.S. Bank Transaction History December 2021 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 12/29/2021 91282CDG3 PURCHASED PAR VALUE OF U S TREASURY NT 1.125%10/31/26/CITIGROUP 7,500,000.0000 0.994063 -7,455,468.75 7,455,468.75 0.00 GLOBAL MARKETS INC./7,500,000 PAR VALUE AT 99.40625% 12/29/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 250.0800 1.000000 -250.08 250.08 0.00 12/29/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 172.2300 1.000000 -172.23 172.23 0.00 12/30/2021 912796R50 PURCHASED PAR VALUE OF U S TREASURY BILL 6/30/22/NOMURA 13,000,000.0000 0.998961 -12,986,494.08 12,986,494.08 0.00 SECURITIES INTERNATIONA/13,000,000 PAR VALUE AT 99.89610831 % 12/30/2021 91282CAC5 PURCHASED PAR VALUE OF U S TREASURY NT 0.125% 7/31/22/J.P. MORGAN 5,000,000.0000 0.999570 -4,997,851.56 4,997,851.56 0.00 SECURITIES LLC/5,000,000 PAR VALUE AT 99.9570312% 12/30/2021 91282CAC5 PURCHASED PAR VALUE OF U S TREASURY NT 0.125% 7/31/22/J.P. MORGAN 5,000,000.0000 0.999570 -4,997,851.56 4,997,851.56 0.00 SECURITIES LLC/5,000,000 PAR VALUE AT 99.9570312% 12/30/2021 91282CAC5 PURCHASED PAR VALUE OF U S TREASURY NT 0.125% 7/31/22/J.P. MORGAN 5,000,000.0000 0.999570 -4,997,851.56 4,997,851.56 0.00 SECURITIES LLC/5,000,000 PAR VALUE AT 99.9570312% 12/31/2021 91282CAC5 PURCHASED PAR VALUE OF U S TREASURY NT 0.125% 7/31/22/CITIGROUP 5,000,000.0000 0.999531 -4,997,656.25 4,997,656.25 0.00 GLOBAL MARKETS INC./5,000,000 PAR VALUE AT 99.953125% 12/31/2021 91282CDR9 PURCHASED PAR VALUE OF U S TREASURY NT 0.625%12/31/23/J.P.MORGAN 7,500,000.0000 1.000039 -7,500,292.97 7,500,292.97 0.00 SECURITIES LLC/7,500,000 PAR VALUE AT 100.00390627% TOTAL ACQUISITIONS 232,710,178.9600 -232,609,813.92 232,609,813.92 0.00 DISPOSITIONS 12/14/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -5,002,055.0300 1.000000 5,002,055.03 -5,002,055.03 0.00 12/15/2021 31348SWZ3 PAID DOWN PAR VALUE OF F H L M C#786064 2.262% 1/01/28 NOVEMBER -14.4000 0.000000 14.40 -14.05 0.35 FHLMC DUE 12/15/21 12/15/2021 3133TCE95 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 3.794% 8/15/32 -56.0500 0.000000 56.05 -56.11 -0.06 12/15/2021 58770FAC6 PAID DOWN PAR VALUE OF MERCEDES BENZ AUTO 1.840% 12/15/22 -225,100.3300 0.000000 225,100.33 -225,070.66 29.67 12/15/2021 65479JAD5 PAID DOWN PAR VALUE OF NISSAN AUTO 1.930% 7/15/24 -244,301.6300 0.000000 244,301.63 -244,288.73 12.90 12/15/2021 65479GAD1 PAID DOWN PAR VALUE OF NISSAN AUTO 3.060% 3/15/23 -129,060.0700 0.000000 129,060.07 -129,055.89 4.18 12/20/2021 36225CAZ9 PAID DOWN PAR VALUE OF G N M A I I#080023 2.125%12/20/26 NOVEMBER GNMA -180.5000 0.000000 180.50 -183.48 -2.98 DUE 12/20/21 12/20/2021 36225CC20 PAID DOWN PAR VALUE OF G N M A I I#080088 2.000% 6/20/27 NOVEMBER GNMA -92.6100 0.000000 92.61 -94.64 -2.03 DUE 12/20/21 12/20/2021 36225CNM4 PAID DOWN PAR VALUE OF G N M A I I#080395 1.875% 4/20/30 NOVEMBER GNMA -37.3100 0.000000 37.31 -36.97 0.34 DUE 12/20/21 12/20/2021 36225CN28 PAID DOWN PAR VALUE OF G N M A I I#080408 1.875% 5/20/30 NOVEMBER GNMA -691.2700 0.000000 691.27 -684.25 7.02 DUE 12/20/21 12/20/2021 36225DCB8 PAID DOWN PAR VALUE OF G N M A I I#080965 1.625% 7/20/34 NOVEMBER GNMA -171.8100 0.000000 171.81 -171.70 0.11 DUE 12/20/21 12/22/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -2,000,720.1100 1.000000 2,000,720.11 -2,000,720.11 0.00 12/22/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -4,236,448.1700 1.000000 4,236,448.17 -4,236,448.17 0.00 12/27/2021 31394JY35 PAID DOWN PAR VALUE OF F H L M C MLTCL MT 9.50001% 9/25/43 -4,641.1400 0.000000 4,641.14 -5,256.09 -614.95 2of7 U.S. Bank Transaction History December 2021 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 12/27/2021 31371NUC7 PAID DOWN PAR VALUE OF F N M A#257179 4.500% 4/01/28 NOVEMBER FNMA -115.1300 0.000000 115.13 -121.76 -6.63 DUE 12/25/21 12/27/2021 31376KT22 PAID DOWN PAR VALUE OF F N M A#357969 5.000% 9/01/35 NOVEMBER FNMA -1,882.9100 0.000000 1,882.91 -2,024.13 -141.22 DUE 12/25/21 12/27/2021 31403DJZ3 PAID DOWN PAR VALUE OF F N M A#745580 5.000% 6/01/36 NOVEMBER FNMA -1,300.5800 0.000000 1,300.58 -1,398.12 -97.54 DUE 12/25/21 12/27/2021 31403GXF4 PAID DOWN PAR VALUE OF F N M A#748678 5.000% 10/01/33 NOVEMBER FNMA -4.0700 0.000000 4.07 -4.38 -0.31 DUE 12/25/21 12/27/2021 31406PQY8 PAID DOWN PAR VALUE OF F N M A#815971 5.000% 3/01/35 NOVEMBER FNMA -2,825.5900 0.000000 2,825.59 -3,037.51 -211.92 DUE 12/25/21 12/27/2021 31406XWT5 PAID DOWN PAR VALUE OF F N M A#823358 2.013% 2/01/35 NOVEMBER FNMA -398.5200 0.000000 398.52 -395.41 3.11 DUE 12/25/21 12/27/2021 31407BXH7 PAID DOWN PAR VALUE OF F N M A#826080 5.000% 7/01/35 NOVEMBER FNMA -363.1400 0.000000 363.14 -390.37 -27.23 DUE 12/25/21 12/27/2021 31410F4V4 PAID DOWN PAR VALUE OF F N M A#888336 5.000% 7/01/36 NOVEMBER FNMA -4,718.2700 0.000000 4,718.27 -5,072.14 -353.87 DUE 12/25/21 12/27/2021 3138EG6F6 PAID DOWN PAR VALUE OF F N M A#AL0869 4.500% 6/01/29 NOVEMBER FNMA -149.2200 0.000000 149.22 -157.82 -8.60 DUE 12/25/21 12/27/2021 31417YAY3 PAID DOWN PAR VALUE OF F N M A#MA0022 4.500% 4/01/29 NOVEMBER FNMA -245.1000 0.000000 245.10 -259.22 -14.12 DUE 12/25/21 12/27/2021 31397QREO PAID DOWN PAR VALUE OF F N M A GTD REMIC 2.472% 2/25/41 -2,194.5500 0.000000 2,194.55 -2,193.86 0.69 12/27/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -1,328,182.4100 1.000000 1,328,182.41 -1,328,182.41 0.00 12/28/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -29,987,774.8400 1.000000 29,987,774.84 -29,987,774.84 0.00 12/28/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -9,996,363.8900 1.000000 9,996,363.89 -9,996,363.89 0.00 12/29/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -16,993,119.8100 1.000000 16,993,119.81 -16,993,119.81 0.00 12/30/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -27,987,793.3200 1.000000 27,987,793.32 -27,987,793.32 0.00 12/31/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -4,995,879.7600 1.000000 4,995,879.76 -4,995,879.76 0.00 12/31/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -7,378,417.9700 1.000000 7,378,417.97 -7,378,417.97 0.00 TOTAL DISPOSITIONS -110,525,299.5100 110,525,299.51 -110,526,722.60 -1,423.09 OTHER TRANSACTIONS 12/01/2021 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 178.99 0.00 0.00 11/30/2021 INTEREST FROM 11/1/21 TO 11/30/21 12/01/2021 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 112.00 0.00 0.00 11/30/2021 INTEREST FROM 11/1/21 TO 11/30/21 12/01/2021 438516CBO INTEREST EARNED ON HONEYWELL 1.350% 6/01/25$1 PV ON 5000000.0000 0.0000 0.000000 33,750.00 0.00 0.00 SHARES DUE 12/1/2021 12/08/2021 3130AOF70 INTEREST EARNED ON F H L B DEB 3.375% 12/08/23$1 PV ON 10000000.0000 0.0000 0.000000 168,750.00 0.00 0.00 SHARES DUE 12/8/2021 3of7 U.S. Bank Transaction History December 2021 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 12/08/2021 69353RFL7 INTEREST EARNED ON PNC BANK NA MTN 3.500% 6/08/23$1 PV ON 5000000.0000 0.0000 0.000000 87,500.00 0.00 0.00 SHARES DUE 12/8/2021 12/09/2021 313383QR5 INTEREST EARNED ON F H L B DEB 3.250% 6/09/23$1 PV ON 5000000.0000 0.0000 0.000000 81,250.00 0.00 0.00 SHARES DUE 12/9/2021 12/10/2021 78015K7H1 INTEREST EARNED ON ROYAL BANK OF MTN 1.150% 6/10/25$1 PV ON 0.0000 0.000000 14,375.00 0.00 0.00 2500000.0000 SHARES DUE 12/10/2021 12/13/2021 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 46176.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 12/13/2021 912828WUO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 46176.00 UNITS 0.0000 0.000000 0.00 46,176.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 12/13/2021 89114QCA4 INTEREST EARNED ON TORONTO DOMINION MTN 2.650% 6/12/24$1 PV ON 0.0000 0.000000 39,750.00 0.00 0.00 3000000.0000 SHARES DUE 12/12/2021 12/13/2021 912828WUO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 46176.0000 46,176.0000 0.000000 0.00 0.00 0.00 UNITS INCREASE TO ADJUST FOR CHANGE IN CPI 12/13/2021 912828WUO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 46176.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 12/14/2021 3130A1XJ2 INTEREST EARNED ON F H L B 2.875% 6/14/24$1 PV ON 11110000.0000 0.0000 0.000000 159,706.25 0.00 0.00 SHARES DUE 12/14/2021 12/14/2021 912828ZX1 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 0.125% 6/30/22 0.0000 0.000000 -2,836.28 0.00 0.00 12/15/2021 31348SWZ3 INTEREST EARNED ON F H L M C#786064 2.262% 1/01/28$1 PV ON 2.5200 SHARES 0.0000 0.000000 2.52 0.00 0.00 DUE 12/15/2021 OCTOBER FHLMC DUE 12/15/21 12/15/2021 3133TCE95 INTEREST EARNED ON F H L M C MLTCL MTG 3.794% 8/15/32$1 PV ON 11.5200 0.0000 0.000000 11.52 0.00 0.00 SHARES DUE 12/15/2021 $0.00316/PV ON 3,644.10 PV DUE 12/15/21 12/15/2021 44934KAC8 INTEREST EARNED ON HTUNDAI AUTO REC TR 0.380% 1/15/26$1 PV ON 1912.6700 0.0000 0.000000 1,912.67 0.00 0.00 SHARES DUE 12/15/2021 $0.00032/PV ON 6,040,000.00 PV DUE 12/15/21 12/15/2021 44891VAC5 INTEREST EARNED ON HYUNDAI AUTO LEASE 0.330% 6/17/24$1 PV ON 0.0000 0.000000 1,142.63 0.00 0.00 4155000.0000 SHARES DUE 12/15/2021 12/15/2021 44933LAC7 INTEREST EARNED ON HYUNDAI AUTO REC 0.380% 9/15/25$1 PV ON 665.0000 0.0000 0.000000 665.00 0.00 0.00 SHARES DUE 12/15/2021 $0.00032/PV ON 2,100,000.00 PV DUE 12/15/21 12/15/2021 44935FAD6 INTEREST EARNED ON HYUNDAI AUTO REC TR 0.740% 5/15/26$1 PV ON 920.8900 0.0000 0.000000 920.89 0.00 0.00 SHARES DUE 12/15/2021 $0.00058/PV ON 1,600,000.00 PV DUE 12/15/21 12/15/2021 47789QAC4 INTEREST EARNED ON JOHN DEERE OWN 0.520% 3/16/26$1 PV ON 1222.0000 0.0000 0.000000 1,222.00 0.00 0.00 SHARES DUE 12/15/2021 $0.00043/PV ON 2,820,000.00 PV DUE 12/15/21 12/15/2021 47788UAC6 INTEREST EARNED ON JOHN DEERE OWNER 0.360% 9/15/25$1 PV ON 690.0000 0.0000 0.000000 690.00 0.00 0.00 SHARES DUE 12/15/2021 $0.00030/PV ON 2,300,000.00 PV DUE 12/15/21 12/15/2021 47787NAC3 INTEREST EARNED ON JOHN DEERE OWNER 0.510% 11/15/24$1 PV ON 629.0000 0.0000 0.000000 629.00 0.00 0.00 SHARES DUE 12/15/2021 $0.00042/PV ON 1,480,000.00 PV DUE 12/15/21 12/15/2021 58769KAD6 INTEREST EARNED ON MERCEDES BENZ AUTO 0.400% 11/15/24$1 PV ON 1105.0000 0.0000 0.000000 1,105.00 0.00 0.00 SHARES DUE 12/15/2021 $0.00033/PV ON 3,315,000.00 PV DUE 12/15/21 4of7 U.S. Bank Transaction History December 2021 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 12/15/2021 58770FAC6 INTEREST EARNED ON MERCEDES BENZ AUTO 1.840% 12/15/22$1 PV ON 1747.2700 0.0000 0.000000 1,747.27 0.00 0.00 SHARES DUE 12/15/2021 $0.00153/PV ON 1,139,526.98 PV DUE 12/15/21 12/15/2021 65479JAD5 INTEREST EARNED ON NISSAN AUTO 1.930% 7/15/24$1 PV ON 4775.5000 0.0000 0.000000 4,775.50 0.00 0.00 SHARES DUE 12/15/2021 $0.00161/PV ON 2,969,223.77 PV DUE 12/15/21 12/15/2021 65479GAD1 INTEREST EARNED ON NISSAN AUTO 3.060% 3/15/23$1 PV ON 1062.6100 0.0000 0.000000 1,062.61 0.00 0.00 SHARES DUE 12/15/2021 $0.00255/PV ON 416,710.87 PV DUE 12/15/21 12/15/2021 89237VA135 INTEREST EARNED ON TOYOTA AUTO RECV 0.440% 10/15/24$1 PV ON 1085.3300 0.0000 0.000000 1,085.33 0.00 0.00 SHARES DUE 12/15/2021 $0.00037/PV ON 2,960,000.00 PV DUE 12/15/21 12/15/2021 91282CBA8 INTEREST EARNED ON U S TREASURY NT 0.125% 12/15/23$1 PV ON 6500000.0000 0.0000 0.000000 4,062.50 0.00 0.00 SHARES DUE 12/15/2021 12/16/2021 362554AC1 INTEREST EARNED ON GM FIN CONS AUTO 0.680% 9/16/26$1 PV ON 1705000.0000 0.0000 0.000000 966.17 0.00 0.00 SHARES DUE 12/16/2021 12/17/2021 3135G04Z3 INTEREST EARNED ON F N M A 0.500% 6/17/25$1 PV ON 9905000.0000 0.0000 0.000000 24,762.50 0.00 0.00 SHARES DUE 12/17/2021 12/20/2021 06051 GJD2 INTEREST EARNED ON BANK AMER CORP MTN 1.319% 6/19/26$1 PV ON 0.0000 0.000000 14,838.75 0.00 0.00 2250000.0000 SHARES DUE 12/19/2021 12/20/2021 05531 FBG7 INTEREST EARNED ON BB T CORPORATION MTN 3.050% 6/20/22$1 PV ON 0.0000 0.000000 30,500.00 0.00 0.00 2000000.0000 SHARES DUE 12/20/2021 12/20/2021 3137EAEN5 INTEREST EARNED ON F H L M C 2.750% 6/19/23$1 PV ON 10000000.0000 0.0000 0.000000 137,500.00 0.00 0.00 SHARES DUE 12/19/2021 12/20/2021 36225CAZ9 INTEREST EARNED ON G N M A I I#080023 2.125% 12/20/26$1 PV ON 16.2500 0.0000 0.000000 16.25 0.00 0.00 SHARES DUE 12/20/2021 NOVEMBER GNMA DUE 12/20/21 12/20/2021 36225CC20 INTEREST EARNED ON G N M A I 1#080088 2.000% 6/20/27$1 PV ON 10.7400 0.0000 0.000000 10.74 0.00 0.00 SHARES DUE 12/20/2021 NOVEMBER GNMA DUE 12/20/21 12/20/2021 36225CNM4 INTEREST EARNED ON G N M A 1 I#080395 1.875% 4/20/30$1 PV ON 5.4900 SHARES 0.0000 0.000000 5.49 0.00 0.00 DUE 12/20/2021 NOVEMBER GNMA DUE 12/20/21 12/20/2021 36225CN28 INTEREST EARNED ON G N M A I 1#080408 1.875% 5/20/30$1 PV ON 47.0000 0.0000 0.000000 47.00 0.00 0.00 SHARES DUE 12/20/2021 NOVEMBER GNMA DUE 12/20/21 12/20/2021 36225DCB8 INTEREST EARNED ON G N M A I 1#080965 1.625% 7/20/34$1 PV ON 34.2200 0.0000 0.000000 34.22 0.00 0.00 SHARES DUE 12/20/2021 NOVEMBER GNMA DUE 12/20/21 12/20/2021 43813KAC6 INTEREST EARNED ON HONDA AUTO 0.370% 10/18/24$1 PV ON 997.4600 0.0000 0.000000 997.46 0.00 0.00 SHARES DUE 12/18/2021 $0.00031/PV ON 3,235,000.00 PV DUE 12/18/21 12/20/2021 89239CAC3 INTEREST EARNED ON TOYOTA LEASE OWNER 0.420% 10/21/24$1 PV ON 0.0000 0.000000 1,114.75 0.00 0.00 1114.7500 SHARES DUE 12/20/2021 $0.00035/PV ON 3,185,000.00 PV DUE 12/20/21 12/20/2021 89236TJK2 INTEREST EARNED ON TOYOTA MTR CR MTN 1.125% 6/18/26$1 PV ON 0.0000 0.000000 40,978.13 0.00 0.00 7285000.0000 SHARES DUE 12/18/2021 12/21/2021 43813GAC5 INTEREST EARNED ON HONDA AUTO 0.270% 4/21/25$1 PV ON 361.1300 0.0000 0.000000 361.13 0.00 0.00 SHARES DUE 12/21/2021 $0.00023/PV ON 1,605,000.00 PV DUE 12/21/21 12/21/2021 43815GAC3 INTEREST EARNED ON HONDA AUTO REC 0.792% 1/21/26$1 PV ON 1511.4000 0.0000 0.000000 1,511.40 0.00 0.00 SHARES DUE 12/21/2021 $0.00066/PV ON 2,290,000.00 PV DUE 12/21/21 5of7 U.S. Bank Transaction History December 2021 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 12/22/2021 912828ZX1 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 0.125% 6/30/22 0.0000 0.000000 -1,188.86 0.00 0.00 12/22/2021 91282CDG3 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 1.125%10/31/26 0.0000 0.000000 -6,868.09 0.00 0.00 12/23/2021 CASH RECEIPT INCOMING WIRES WIRE RECEIVED FROM BANK OF CALIFORNIA 0.0000 0.000000 71,000,000.00 0.00 0.00 12/23/2021 CASH RECEIPT INCOMING WIRES WIRE RECEIVED FROM BANK OF CALIFORNIA 0.0000 0.000000 50,000,000.00 0.00 0.00 12/24/2021 166764AH3 INTEREST EARNED ON CHEVRON CORP 3.191% 6/24/23$1 PV ON 3500000.0000 0.0000 0.000000 55,842.50 0.00 0.00 SHARES DUE 12/24/2021 12/27/2021 03215PFN4 INTEREST EARNED ON AMRESCO 1.06642% 6/25/29$1 PV ON 105.7700 0.0000 0.000000 105.77 0.00 0.00 SHARES DUE 12/25/2021 $0.00089/PV ON 119,021.64 PV DUE 12/25/21 12/27/2021 09690AAC7 INTEREST EARNED ON BMW VEHICLE LEASE 0.330% 12/26/24$1 PV ON 569.2500 0.0000 0.000000 569.25 0.00 0.00 SHARES DUE 12/25/2021 $0.00027/PV ON 2,070,000.00 PV DUE 12/25/21 12/27/2021 3137BFE98 INTEREST EARNED ON F H L B GTD REMIC 3.171% 10/25/24$1 PV ON 13212.5000 0.0000 0.000000 13,212.50 0.00 0.00 SHARES DUE 12/25/2021 $0.00264/PV ON 5,000,000.00 PV DUE 12/25/21 12/27/2021 31394JY35 INTEREST EARNED ON F H L M C MLTCL MT 9.50001% 9/25/43$1 PV ON 2518.1300 0.0000 0.000000 2,518.13 0.00 0.00 SHARES DUE 12/25/2021 $0.00542/PV ON 464,885.25 PV DUE 12/25/21 12/27/2021 31371 NUC7 INTEREST EARNED ON F N M A#257179 4.500% 4/01/28$1 PV ON 25.2500 SHARES 0.0000 0.000000 25.25 0.00 0.00 DUE 12/25/2021 NOVEMBER FNMA DUE 12/25/21 12/27/2021 31376KT22 INTEREST EARNED ON F N M A#357969 5.000% 9/01/35$1 PV ON 246.3900 0.0000 0.000000 246.39 0.00 0.00 SHARES DUE 12/25/2021 NOVEMBER FNMA DUE 12/25/21 12/27/2021 31403DJZ3 INTEREST EARNED ON F N M A#745580 5.000% 6/01/36$1 PV ON 227.4800 0.0000 0.000000 227.48 0.00 0.00 SHARES DUE 12/25/2021 NOVEMBER FNMA DUE 12/25/21 12/27/2021 31403GXF4 INTEREST EARNED ON F N M A#748678 5.000% 10/01/33$1 PV ON 3.3000 SHARES 0.0000 0.000000 3.30 0.00 0.00 DUE 12/25/2021 NOVEMBER FNMA DUE 12/25/21 12/27/2021 31406PQY8 INTEREST EARNED ON F N M A#815971 5.000% 3/01/35$1 PV ON 337.6500 0.0000 0.000000 337.65 0.00 0.00 SHARES DUE 12/25/2021 NOVEMBER FNMA DUE 12/25/21 12/27/2021 31406XWT5 INTEREST EARNED ON F N M A#823358 2.013% 2/01/35$1 PV ON 93.3100 SHARES 0.0000 0.000000 93.31 0.00 0.00 DUE 12/25/2021 NOVEMBER FNMA DUE 12/25/21 12/27/2021 31407BXH7 INTEREST EARNED ON F N M A#826080 5.000% 7/01/35$1 PV ON 46.1500 SHARES 0.0000 0.000000 46.15 0.00 0.00 DUE 12/25/2021 NOVEMBER FNMA DUE 12/25/21 12/27/2021 31410F4V4 INTEREST EARNED ON F N M A#888336 5.000% 7/01/36$1 PV ON 393.4700 0.0000 0.000000 393.47 0.00 0.00 SHARES DUE 12/25/2021 NOVEMBER FNMA DUE 12/25/21 12/27/2021 3138EG6F6 INTEREST EARNED ON F N M A#AL0869 4.500% 6/01/29$1 PV ON 18.9600 0.0000 0.000000 18.96 0.00 0.00 SHARES DUE 12/25/2021 NOVEMBER FNMA DUE 12/25/21 12/27/2021 31417YAY3 INTEREST EARNED ON F N M A#MA0022 4.500% 4/01/29$1 PV ON 32.0400 0.0000 0.000000 32.04 0.00 0.00 SHARES DUE 12/25/2021 NOVEMBER FNMA DUE 12/25/21 12/27/2021 31397QREO INTEREST EARNED ON F N M A GTD REMIC 2.472% 2/25/41 $1 PV ON 61.8000 0.0000 0.000000 61.80 0.00 0.00 SHARES DUE 12/25/2021 $0.00064/PV ON 96,063.23 PV DUE 12/25/21 12/27/2021 931142EK5 INTEREST EARNED ON WALMART INC 3.400% 6/26/23$1 PV ON 3880000.0000 0.0000 0.000000 65,960.00 0.00 0.00 SHARES DUE 12/26/2021 12/27/2021 78015K7H1 PAID ACCRUED INTEREST ON PURCHASE OF ROYAL BANK OF MTN 1.150% 6/10/25 0.0000 0.000000 -814.58 0.00 0.00 6 of 7 U.S. Bank Transaction History December 2021 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 12/28/2021 91282CAC5 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 0.125% 7/31/22 0.0000 0.000000 -5,095.11 0.00 0.00 12/29/2021 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 51480.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 12/29/2021 31846V567 CASH RECEIPT SHORT-TERM CAPITAL GAIN DIV FIRST AM GOVT OB FD CL Z SHORT 0.0000 0.000000 250.08 0.00 0.00 TERM CAP GAIN PAYABLE 12/29/21 12/29/2021 31846V567 CASH RECEIPT SHORT-TERM CAPITAL GAIN DIV FIRST AM GOVT OB FD CL Z SHORT 0.0000 0.000000 172.23 0.00 0.00 TERM CAP GAIN PAYABLE 12/29/21 12/29/2021 912828WUO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 51480.00 UNITS 0.0000 0.000000 0.00 51,480.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 12/29/2021 02665WCZ2 INTEREST EARNED ON AMERICAN HONDA MTN 2.400% 6/27/24$1 PV ON 0.0000 0.000000 14,628.00 0.00 0.00 1219000.0000 SHARES DUE 12/29/2021 12/29/2021 747525AFO PAID ACCRUED INTEREST ON PURCHASE OF QUALCOMM INC 3.450% 5/20/25 0.0000 0.000000 -7,475.00 0.00 0.00 12/29/2021 91282CCX7 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 0.375% 9/15/24 0.0000 0.000000 -8,157.80 0.00 0.00 12/29/2021 91282CDG3 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 1.125%10/31/26 0.0000 0.000000 -13,751.73 0.00 0.00 12/29/2021 912828WUO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 51480.0000 51,480.0000 0.000000 0.00 0.00 0.00 UNITS INCREASE TO ADJUST FOR CHANGE IN CPI 12/29/2021 912828WUO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 51480.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 12/30/2021 91282CAC5 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 0.125% 7/31/22 0.0000 0.000000 -2,581.52 0.00 0.00 12/30/2021 91282CAC5 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 0.125% 7/31/22 0.0000 0.000000 -2,581.52 0.00 0.00 12/30/2021 91282CAC5 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 0.125% 7/31/22 0.0000 0.000000 -2,581.52 0.00 0.00 12/31/2021 912828ZX1 INTEREST EARNED ON U S TREASURY NT 0.125% 6/30/22$1 PV ON 7000000.0000 0.0000 0.000000 4,375.00 0.00 0.00 SHARES DUE 12/31/2021 12/31/2021 91282CBC4 INTEREST EARNED ON U S TREASURY NT 0.375% 12/31/25$1 PV ON 0.0000 0.000000 18,750.00 0.00 0.00 10000000.0000 SHARES DUE 12/31/2021 12/31/2021 912828XX3 INTEREST EARNED ON U S TREASURY NT 2.000% 6/30/24$1 PV ON 5000000.0000 0.0000 0.000000 50,000.00 0.00 0.00 SHARES DUE 12/31/2021 12/31/2021 912828N30 INTEREST EARNED ON U S TREASURY NT 2.125% 12/31/22$1 PV ON 5000000.0000 0.0000 0.000000 53,125.00 0.00 0.00 SHARES DUE 12/31/2021 12/31/2021 91282CAC5 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 0.125% 7/31/22 0.0000 0.000000 -2,598.51 0.00 0.00 TOTAL OTHER TRANSACTIONS 97,656.0000 122,084,514.41 97,656.00 0.00 7 of 7 BOARD OF DIRECTORS Administration Building 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2056 Agenda Date: 1/26/2022 Agenda Item No: 9. FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: COMMITTEE MEETING MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the following: A. Minutes of the Steering Committee Meeting held November 17, 2021 B. Minutes of the GWRS Steering Committee Meeting held October 11, 2021 BACKGROUND In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting will be provided to the Directors for subsequent approval at the following meeting. RELEVANT STANDARDS • Resolution No. OC SAN 21-04 ADDITIONAL INFORMATION The minutes of the Committee meetings are approved at their respective Committees and brought forth to the Board of Directors for receive and file only. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Minutes of the Monthly Committee Meetings Orange County Sanitation District Page 1 of 1 Printed on 1/19/2022 powered by LegistarTM Orange County Sanitation District Wednesday, November 17, 2021 Minutes for the 5:00 PM STEERING COMMITTEE Board Room SAN Administration Building ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman John Withers on Wednesday, November 17, 2021 at 5.01 p.m. in the Administration Building of the Orange County Sanitation District. Chair Withers stated that the meeting was being held telephonically and via Internet accessibility in accordance with new provisions in California Government Code Section 54953 and Resolution No. OC SAN 21-15, due to the continued State of Emergency Order. Chair Withers announced the teleconference meeting guidelines. ROLL CALL AND DECLARATION OF QUORUM: The Clerk of the Board declared a quorum present, as follows: PRESENT: John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra Massa-Lavitt, Jesus Silva and Glenn Parker ABSENT: None STAFF PRESENT: Kelly Lore, Clerk of the Board, and Joshua Martinez were present in the Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Jennifer Cabral; Thys Devries; Brian Engeln; Tina Knapp; Laura Maravilla; Andrew Nau; Adam Nazaroff; Wally Ritchie; Thomas Vu; Eros Yong and Ruth Zintzun were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room. PUBLIC COMMENTS: No public comments were received. Clerk of the Board Kelly Lore stated that she received indication from General Counsel that Closed Session Item Nos. CS-1 A & B on tonight's agenda would not be heard. REPORTS: Chair Withers did not provide a report. General Manager Jim Herberg did not provide a report. Page 1 of 5 STEERING COMMITTEE Minutes November 17, 2021 CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2021-1940 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Special Meeting of the Steering Committee held October 27, 2021. AYES: John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra Massa-Lavitt, Jesus Silva and Glenn Parker NOES: None ABSENT: None ABSTENTIONS: None 2. AMENDMENT NO. 4 TO THE REAL PROPERTY LEASE 2021-1951 AGREEMENT, SPECIFICATION NO. L-018, WITH TREESAP FARMS, LLC. Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve Amendment No. 4 to the Real Property Lease Agreement, Specification No. L-018, with TreeSap Farms, LLC, providing for a lease extension effective December 1, 2021 through November 30, 2026, with the option to renew for one additional 5-year period, at an annual rate of $8,623.74 plus the seasonally-adjusted change in the Consumer Price Index for all Urban Consumers. AYES: John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra Massa-Lavitt, Jesus Silva and Glenn Parker NOES: None ABSENT: None ABSTENTIONS: None NON-CONSENT: 3. AGREEMENT TO PROVIDE SEWERAGE SERVICES BY ORANGE 2021-1897 COUNTY SANITATION DISTRICT TO A PORTION OF THE CITY OF LONG BEACH, CALIFORNIA Originator: Kathy Millea Director of Engineering Kathy Millea provided a PowerPoint presentation and brief introduction to the item. Page 2 of 5 STEERING COMMITTEE Minutes November 17, 2021 MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve the Agreement between the City of Long Beach Board of Water Commissioners and Orange County Sanitation District to provide Out of Service Area sewage collection and treatment services, in a form approved by General Counsel. AYES: John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra Massa-Lavitt, Jesus Silva and Glenn Parker NOES: None ABSENT: None ABSTENTIONS: None INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(1) & 54956.9(d)(4). The Committee convened in closed session at 5.14 p.m. Confidential minutes of the Closed Sessions have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session meetings. CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - 2021-1978 GOVERNMENT CODE SECTION 54956.9(d)(1) CONVENED IN CLOSED SESSION: Item Nos. CS-1 A and CS-1 B were not heard. Page 3 of 5 STEERING COMMITTEE Minutes November 17, 2021 Number of Cases: 3 ���bert BaTela " Orange County SaRitatOR DiStrC+Tvteve T I nhi erg; Rey ReyRelds• and floes 1_1 nn in UsiVe Superior Ge urf of Galifnrnia Geunty of c raRgee Case No. 30 2021 0122092 IC. R�Tlr V.Heidi M. aRZ Orange GE) Rty SaRitat��J�Gf; its Beard of DireGters, B. cffiGes Of iGials, Agents and Gelio Chandler DireGter of I--li rnan Resorts and floes 1 through e inerie�iur tof California, CO Rty of Orange, Case �n No. 30-202crvr GJG-. C. Raul Palazuelos v. Orange County Sanitation District, a government entity; Richard Kwiecien, an individual; and Does 1 through 100, inclusive. Superior Court of California, County of Orange, Case No. 30-2021-01217839-CU-OE-CJC. CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2021-1979 LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) CONVENED IN CLOSED SESSION: Number of Potential Cases: 2 A. Potential litigation - Initiation of Litigation - Claim against California Department of Tax and Fee Administration, for reimbursement of sales tax paid on chemical purchases. B. Potential litigation - Initiation of Litigation - Claim against USS Cal Builders Inc. for pipeline repair costs. RECONVENED IN REGULAR SESSION. The Committee reconvened in regular session at 5:40 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Jesus Silva requested that staff and General Counsel come up with some ideas regarding appraisal options during acquisitions of real property parcels from another government agency; to not be forced to appraise parcels for their highest value and best use if not using to develop; and to bring options back to the Steering Committee for consideration. Page 4 of 5 STEERING COMMITTEE Minutes November 17, 2021 BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Withers declared the meeting adjourned at 5:44 p.m. to the next Regular Steering Committee meeting to be held on Wednesday, December 15, 2021 at 5:00 p.m. Submitted by: Key Lore, MMC C r .k the Board Page 5 of 5 DocuSign Envelope ID:508936F9-FF13-4790-A298-CCF951A90BF0 MINUTES OF THE MEETING GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE Monday, October 11, 2021 OC San Director David Shawver called the Groundwater Replenishment System Steering Committee meeting to order via Zoom webinar. Following the Pledge of Allegiance to the flag, the Secretary called the roll and reported a quorum. Committee Members David Shawver Roger Yoh Cathy Green Bob Ooten Tri Ta Ryan Gallagher Alternates Kelly Rowe Jesus Silva (absent) Dina Nguyen (absent) Brooke Jones Steve Sheldon (absent) John Withers (absent) OCWD Directors Whitaker, Bilodeau and Mendoza were in attendance. OCWD Staff OC SAN Staff Mike Markus, Mehul Patel, Sandy Scott- Jim Herberg Roberts, Kira Erquiaga, Christina Fuller CONSENT CALENDAR The Consent Calendar was approved upon motion by Director Green, seconded by Director Yoh and carried [6-0] as follows. Yes— Shawver, Yoh, Green, Ooten, Ta, Gallagher 1. Minutes of Previous Meeting The minutes of the GWRS Steering Committee meeting held July 12, 2021 are approved as presented. INFORMATIONAL ITEMS 2. GWRS Operations Update Executive Director of Operations Mehul Patel reported that the average daily production for the quarter, July through September 2021, was 71 mgd. He stated that as of September 30, 2021, the GWRS Fiscal Year 2021-22 production total was 19,867 of which is 6.095 of below the target fiscal year production of 25,962 af. He advised that a shortfall was anticipated due to the GWRS Final Expansion project construction activities. Mr. Patel reported that the GWRS was offline a total of seventeen days from August 15 to September 1 for GWRS Final Expansion construction project related outages. He stated that this outage was used to tie in piping for several key processes to be expanded including the product water pump station, cartridge filters, decarbonation system, and microfiltration backwash system. 3. Update on OC San Flow and Diversions OC San General Manager Jim Herberg provided an update on the status of the OC San flow diversions to increase flow availability to GWRS from Plant No. 1. He reported that the DocuSign Envelope ID:508936F9-FF13-4790-A298-CCF951A90BF0 completion of the Newhope-Placentia Trunk Replacement project allowed OC San to redirect approximately 6 mgd of wastewater to Plant No. 1 so far. He advised that an additional 2 mgd of flow will be redirected to Plant No. 1 when the Yorba Linda Pump Station is abandoned. 4. Update on GWRS Final Expansion GWRS Program Manager Sandy Scott-Roberts provided a presentation on construction activities and schedules, completion status of project elements and the project budget. She also provided an update on the Headworks Modification Project and Pipeline Rehabilitation Project. 5. GWRS Third Quarter Outreach Report (July-September 2021) Senior Communications Specialist Kira Erquiaga reported that there were 12 virtual tours and six essential in-person tours during the third quarter of 2021. She stated that the on demand GWRS general and technical tours have been posted to the District's social media channels and have collectively been viewed more than 5,300 times. ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 5:55 p.m. Docusignea by: Via S6wVtr 1/13/2022 OC San Director David Shawver, Chair 2 Administration Building STEERING COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2109 Agenda Date: 1/26/2022 Agenda Item No: 10. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO. P1-128A GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Approve and authorize the General Manager to execute a Facilities Relocation Agreement with Southern California Edison Company for Headquarters Complex at Plant No. 1, Project No. P1-128A, for an amount not to exceed $310,000-1 and B. Approve a contingency of $31,000 (10%). BACKGROUND Headquarters Complex at Plant No. 1, Project No. P1-128A, will construct a new Headquarters Building on the north side of Ellis Avenue to house approximately 350 staff as well as Board and public meeting spaces. The project includes a pedestrian bridge over Ellis Avenue connecting the second floor of the building directly to the secure area of Plant No.1. RELEVANT STANDARDS • Protect OC San assets PROBLEM Southern California Edison (SCE) runs a 66-kilovolt power line and a 12-kilovolt power line on poles along the south side of Ellis Avenue. Although the 66-kilovolt line is high enough above the new bridge, the 12-kilovolt line conflicts with the bridge and must be rerouted. PROPOSED SOLUTION Approve an agreement with SCE to relocate the 12-kilovolt power line to an underground ductbank. Installation of the underground ductbank is included in the Headquarters construction contract. Once the ductbank is completed, SCE will relocate the power cable. Orange County Sanitation District Page 1 of 2 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2109 Agenda Date: 1/26/2022 Agenda Item No: 10. The proposed agreement includes both the design and construction work to be performed by SCE. An initial $40,000 has already been paid as a down payment for the design work, leaving a remaining balance of $270,000 to be paid for the entire facilities relocation estimate. SCE requires payment in advance for this estimated relocation cost and will provide a final invoice after all work is complete based on the actual costs incurred. TIMING CONCERNS The 12-kilovolt power line must be relocated before the building contractor can install the pedestrian bridge. Delaying the power line relocation could delay completion of the Headquarters project. RAMIFICATIONS OF NOT TAKING ACTION The power line can only be relocated by SCE. Without this agreement, the pedestrian bridge would have to be removed from the project. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA The project is included in the Addendum to the City of Fountain Valley "Fountain Valley Crossings Specific Plan" Program Environmental Impact Report, State Clearinghouse No. 2015101042. FINANCIAL CONSIDERATIONS This request complies with the authority levels of Orange County Sanitation District's Purchasing Ordinance. This item has been budgeted (Budget Update, Fiscal Year 2021-2022, Appendix A, Page A-9, Headquarters Complex, Project No. P1-128) and the budget is sufficient for the recommended action. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • SCE Facilities Relocation Agreement AB:jw Orange County Sanitation District Page 2 of 2 Printed on 1/19/2022 powered by LegistarTM FACILITIES RELOCATION AGREEMENT (RELOCATION UNDER SCE TARIFF RULE 20C - APPLICANT TO INSTALL DUCTS/SUBSTRUCTURES) This Facilities Relocation Agreement ("Agreement") is made and entered into this Seventh day of December 2021 (the "Effective Date") by and between Southern California Edison Company, a California corporation ("SCE"), and Orange County Sanitation District (the "Applicant"). SCE and the Applicant are sometimes individually referred to herein as a "Party" and collectively as the "Parties". RECITALS WHEREAS the Applicant is proposing to develop a Commercial project(the "Project")within that area generally depicted in the attached Exhibit A (the "Project Location"). WHEREAS, SCE currently operates and maintains certain distribution, and/or telecommunication facilities (collectively the "SCE Facilities") within and proximate to the Project Location. WHEREAS, the Applicant has determined that implementation of the Project will require the relocation of portions of the SCE Facilities, and, to that end, the Applicant has requested that SCE relocate some or all the SCE Facilities. WHEREAS, subject to the terms and provisions set forth herein, SCE is willing and able to relocate the identified SCE Facilities in order to accommodate the Project. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE APPLICANT AND SCE AS FOLLOWS: AGREEMENT 1. SCOPE OF WORK The Project will require that certain of SCE's overhead distribution, and telecommunications facilities be relocated underground ("the Relocation"). The Relocation will be performed in accordance with SCE's Tariff Rule 20: Replacement of Overhead with Underground Electric Facilities, Section C ("Rule 20C"), which is incorporated herein by this reference. The Scope of Work for the Relocation is as follows: Relocate existing 12 KV and data lines from overhead between SCE power poles 1680659E and 1680661E to underground. This includes two spans of power lines on south side of Ellis Avenue. No power lines exist on opposite side of the road RELOCATION PLANS a. Approved Relocation Plans. In furtherance of the Applicant's request, SCE has prepared certain plans/designs that identify (i) the SCE Facilities that will be impacted by the Project and (ii) the relocation areas for the affected SCE Facilities (the "Relocation Plans"). Copies of the Relocation Plans are attached hereto as Exhibit B. The Applicant expressly acknowledges that (a) it has reviewed and approved the Relocation Plans and (b) the Relocation Plans do not present any conflicts with the Applicant's development plans for the Project, nor do the Relocation Plans conflict with any other non-SCE utilities that are located, or will be located, in the Project Location. It is the Applicant's sole responsibility to ensure that no conflicts exist between the Relocation Plans and the Applicant's development plans or other non-SCE utilities, and to timely inform SCE of the need for any refinements, modifications, or Page 1 of 11 Construction&Technical Support Revision Date: Rule 20C-Applicant to Install Ducts/Substructures March 2016 revisions to the Relocation Plans to resolve any such conflicts that may later arise, all in accordance with subsections (b) - (d) below. b. Refinements to Plans. Depending upon the design status of the Project as of the Effective Date, the Parties acknowledge that refinements and/or adjustments to portions of the Relocation Plans may be required in order to eliminate minor conflicts. In such instance, SCE shall prepare such refinements to the Relocation Plans as may be necessary in order to address/eliminate said conflicts. The refined Relocation Plans shall be presented to the Applicant for review and approval; SCE shall not commence the Relocation Work (see Section 4, below) unless and until the Applicant has reviewed and approved the refined Relocation Plans. The Applicant shall be responsible for all costs and expenses reasonably incurred by SCE in relation to SCE's refinement of the Relocation Plans. C. Revised Plans. In the event that modifications/revisions to the Relocation Plans are required in order to accommodate changes to the Project (including the elimination of conflicts with the Applicant's development plans), to resolve conflicts with other non-SCE utilities within the Project area, or to address other changed circumstances, then SCE shall prepare such modifications/revisions as are necessary to address said changes and shall present same to the Applicant for review and approval. The Applicant shall be responsible for all costs and expenses reasonably incurred by SCE in relation to SCE's preparation of the modifications/revisions to the Relocation Plans. d. Potential Project Delays. The Applicant expressly acknowledges that the preparation of refined, modified and/or revised Relocation Plans may cause delays in SCE's performance of the Relocation Work, and that said delays could impact the development schedule for the Project. The Parties agree that SCE shall not have any liability or obligation to the Applicant (or others) in the event that the preparation of refined, modified and/or revised Relocation Plans results in delays in the Project. 2. ACQUISITION OF LAND RIGHTS The Applicant shall be responsible for securing all land rights required by SCE to allow SCE to relocate, construct and permanently operate and maintain the SCE Facilities on the areas depicted in the Relocation Plans (the "Relocation Areas"). The land rights acquired by the Applicant (the "SCE Land Rights") shall be in a form prescribed by SCE (the "SCE Land Rights Form"); SCE shall provide the SCE Land Rights Form to the Applicant. The SCE Land Rights shall also include permanent rights of ingress/egress that allow SCE to gain reasonable, unimpeded, and non-escorted access to and from the Relocation Areas and the SCE Facilities (whether over lands owned by the Applicant or otherwise). In connection with the acquisition of the SCE Land Rights, the Applicant shall be responsible for clearing all encumbrances identified by SCE that could interfere with the Relocation Work and the exercise of the SCE Land Rights on/about the Relocation Areas (including access thereto/therefrom). Unless otherwise agreed in writing by SCE, the SCE Land Rights shall be granted directly to SCE. Notwithstanding any provision herein to the contrary, SCE will not begin the Relocation Work unless and until all required SCE Land Rights have been executed, in writing, and presented to and approved by SCE. 3. RELOCATION WORK Following (i) the Parties' confirmation of the finality of the Relocation Plans and (ii) the Applicant's acquisition (and SCE's approval) of the SCE Land Rights, SCE shall cause the SCE Facilities to be removed and relocated to the Relocation Areas in accordance with the Relocation Plans (the "Relocation Work"). SCE and the Applicant shall perform the Relocation Work in accordance with all applicable laws, rules and regulations. Page 2 of Construction&Technical Support Revision Date: Rule 20C-Applicant to Install Ducts/Substructures March 2016 a. Work to Be Performed by SCE 1. SCE shall procure and install all materials related to its electrical system - for example: cable, transformers, switches, capacitors, meters, and connectors - except the ducts and substructures as defined in Rule 20B.2.a, which are to be procured and installed by the Applicant. SCE shall provide all engineering work related to the relocation of said electrical facilities. 2. SCE shall inspect and approve all ducts and substructures procured and installed by the Applicant before SCE begins the installation of the underground facilities. 3. SCE shall, at Applicant's cost and expense, remove its overhead electrical facilities after the underground facilities have been installed, energized, and placed into permanent service. 4. Except as stated in Section 9 below, SCE and the Applicant shall each separately be responsible for obtaining all permits required to complete the portion of the work for which each Party is responsible under this Agreement, unless the Parties agree otherwise in writing. b. Work to Be Performed by Applicant 1. The Applicant, at no cost to SCE, is responsible for providing SCE with any required street improvement or site plans reflecting the location of all existing and proposed underground and/or overhead structures and/or facilities. 2. The Applicant, at no cost to SCE, shall procure and install the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, and poles bases, and perform other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving in connection with the installation of the underground system, all in accordance with the Relocation Plans, subject to inspection and approval by SCE. 3. The Applicant shall notify SCE 48 hours prior to construction or installation of the ducts and substructures so that SCE can schedule the required inspection. 4. The Applicant shall provide SCE with "As-Built" drawings. 5. The Applicant, at no cost to SCE and subject to SCE's approval and acceptance, will grant SCE, in writing, ownership of all ducts and substructures installed pursuant to this Agreement. The Applicant warrants and represents that the ownership of the installed ducts and substructures, and each and every component thereof, as approved by SCE, will pass to SCE free and clear of any and all liens and encumbrances. 6. After the Applicant has completed installation of all ducts and substructures, and the ducts and substructures have been inspected and approved by SCE, the Applicant shall furnish to SCE a schedule of all costs incurred in the construction of the ducts and substructures. SCE must have this information before SCE energizes the underground facilities and de-energizes the overhead facilities. As part of the project reconciliation, if the project is subject to Income Tax Component of Contribution ("ITCC"), SCE will provide a Page 3 of 11 Construction&Technical Support Revision Date: Rule 20C-Applicant to Install Ducts/Substructures March 2016 statement of ITCC for the project, which includes the ITCC charged on the ducts and substructures installed by the Applicant. 7. With respect to the Relocation, the Applicant shall ensure that either (a) all property owners served from the overhead facilities to be removed have first agreed in writing to have the wiring changes made on their premises so that service may be furnished from the underground distribution system in accordance with SCE's rules and that SCE may discontinue its overhead service upon completion of the underground facilities, or (b) suitable legislation is in effect requiring such necessary wiring changes to be made and authorizing SCE to discontinue its overhead service. 4. COST ALLOCATION Applicant is exclusively responsible for all costs and expenses associated with SCE's implementation of the Relocation Plans including, but not limited to, the costs and expenses associated with (i) SCE's preparation of the Relocation Plans (and any revisions thereto and refinements thereof), (ii) SCE's performance of the Relocation Work and (iii) the Applicant's acquisition of the SCE Land Rights SCE may provide Applicant with credits with respect to the Relocation as required by its applicable Tariff Rules of service. Applicant shall reimburse SCE for costs and expenses incurred by SCE in accordance with the provisions of Section 6, below. 5. INITIAL COST ESTIMATE, PAYMENT(S) AND RECONCILIATION a. Initial Cost Estimate. The total estimated cost for the Relocation Work for which the Applicant is responsible is Three Hundred ten thousand (the "Initial Cost Estimate"). The Initial Cost Estimate includes a 24% Income Tax Component of Contribution ("ITCC"), which is the current 2021 ITCC rate. ITCC rates are variable and subject to change. The Applicant is responsible for payment of any increases in the ITCC that are applicable to the project, and shall reimburse SCE (within 60 days following written demand from SCE) for any ITCC increases calculated or paid by SCE, including any interest, penalties or fees associated therewith. b. Prior Advances: Outstanding Balance. SCE has previously received an engineering advance from the Applicant in the amount of Forty thousand, which has been applied toward the total Initial Cost Estimate owed by the Applicant. Thus, the total remaining balance due to SCE at this time is Two Hundred Seventy Thousand (the "Outstanding Balance"). C. Payment of Outstanding Balance. Concurrent with the Applicant's execution and delivery of this Agreement, the Applicant shall pay to SCE the Outstanding Balance. The Outstanding Balance shall be delivered to SCE at the address shown in Section 12.b, below, and shall reference the following SCE Project File Number 2022 Notwithstanding any provision herein to the contrary, the Applicant acknowledges and agrees that SCE will not begin the Relocation Work unless and until SCE has received the Outstanding Balance. d. Reconciliation. The Parties acknowledge that the Initial Cost Estimate is valid only for a period of 90 days following the Effective Date, and that the costs associated with SCE's performance of the Relocation Work could increase prior to SCE's completion of the Relocation Work. Upon completion of the Relocation Work (or the cancellation of the Project or termination of this Agreement), the Applicant will be responsible for paying the total costs and expenses actually incurred by SCE for which the Applicant is responsible under this Agreement Page 4 of 11 Construction&Technical Support Revision Date: Rule 20C-Applicant to Install Ducts/Substructures March 2016 in relation to implementation of the Relocation Plans. Thus, at the completion of the Relocation Work (or upon the cancellation of the Project or termination of this Agreement), SCE will calculate the total actual costs and expenses for which the Applicant is responsible hereunder, and the Applicant will be provided with a final invoice identifying said costs and expenses. The Applicant will be billed or refunded, as applicable, for any difference between the amounts paid by the Applicant hereunder and the actual costs and expenses incurred by SCE. Any amount owed to SCE shall be due no later than 30 days after the Applicant's receipt of the final invoice. Similarly, any amount owed by SCE to the Applicant shall be refunded by SCE to the Applicant within 30 days following SCE's preparation and delivery of the final invoice. If the Applicant fails to pay the final invoice within 30 days of receipt, the Applicant is responsible for paying to SCE, in addition to the invoiced amount, any and all costs incurred by SCE to collect the past due amount, including but not limited to, collection agency fees and court costs, but excluding attorneys' fees. 6. PROJECT SCHEDULING The Parties acknowledge and agree that completion of the Relocation Work is contingent upon mutually acceptable schedules, available resources, the timely obtaining of permits, licenses, real property rights, and other documents, outages or other key items and not being delayed by those forces described in Section 8, below. The Parties shall work cooperatively and in good faith to timely meet all mutually acceptable schedules and to minimize delays; however, the Applicant expressly acknowledges and agrees that SCE offers no guarantees or warranties regarding the completion date for the Relocation Work. 7. NO RESPONSIBILITY FOR DELAYS SCE shall not be responsible or liable to the Applicant (or others) for any delay in its performance hereunder, or for any delays in the Project, due to any reason including, but not limited to: shortage of labor or materials, delivery delays, major equipment breakdown, load management, strikes, labor disturbances, war, riot, insurrection, civil disturbance, weather conditions, epidemic, quarantine restriction, sabotage, act of public enemy, earthquake, governmental rule, regulation or order, including orders of judgments of any court or commission, requirement of additional or separate Environmental Impact Reports requested by the California Public Utilities Commission ("CPUC"), delay in receiving a Certificate of Public Convenience and Necessity from the CPUC, delay in obtaining necessary rights of way, act of God, or any cause or conditions beyond the control of SCE or the Applicant. The Applicant expressly waives and releases any and all claims for damages against SCE arising out of any delays in the Project unless due to SCE's sole negligence or willful misconduct. 8. COMPLIANCE WITH CEQA AND OTHER ENVIRONMENTAL LAWS The Applicant, at no cost to SCE, but with SCE's reasonable cooperation, shall comply with the requirements of the California Environmental Quality Act ("CEQA") and other environmental laws, as applicable, and shall prepare any and all Negative Declarations, Mitigated Negative Declarations and/or Environmental Impact Reports which may be required by any agency or entity having jurisdiction over the Project and the Relocation Work. The Applicant expressly acknowledges that SCE is relying upon the Applicant's representations that the Relocation Work is covered by the environmental documentation, clearances and permits issued (or to be issued) in relation to the Project, and that the Applicant is responsible for satisfying all mitigation requirements and conditions attendant to SCE's performance of the Relocation Work. Notwithstanding any provision herein to the contrary, the Applicant acknowledges and agrees that SCE will not begin the Relocation Work unless and until all environmental permits, approvals, certifications and authorizations have been issued in relation to the Project and the Relocation Work. Page 5 of 11 Construction&Technical Support Revision Date: Rule 20C-Applicant to Install Ducts/Substructures March 2016 9. COOPERATION BY BOTH PARTIES; TIMELY COMMUNICATION The Parties shall work cooperatively and in good faith to timely implement their respective duties and obligations set forth herein. To that end, the Parties shall timely communicate with one another regarding the status of the Project, the status of the Relocation Work, and ways that the Parties may work together to facilitate the completion of this Agreement. Notwithstanding any provision herein to the contrary, failure by the Applicant to timely respond to requests for information by SCE shall be considered a default of this Agreement. 10. INDEMNIFICATION The Applicant agrees, for itself, and for its agents, contractors, and employees, to save harmless, defend, and indemnify SCE, its officers, agents, contractors, and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of action, expense and/or liability arising from or growing out of loss or damage to property, including SCE's own personal property, or injury to or death of persons, including employees of SCE, resulting in any manner whatsoever, directly or indirectly, by reason of the Applicant's Project necessitating the subject work. Applicant's duty to indemnify SCE includes, without limitation, claims against SCE regarding approvals given by Applicant for SCE's plans, claims against SCE pertaining to the location and/or underlying real property rights for SCE's facilities in new locations (as may be applicable), and claims against SCE for the removal and/or remediation of pre-existing environmental contamination (provided such contamination was not caused by SCE). Applicant shall not be excused of its duty to indemnify for SCE's ordinary negligence, but shall be excused to the extent claims, losses, or damages are attributable to SCE's sole negligence, gross negligence, or willful misconduct. 11. NOTICES, CORRESPONDENCE, AND PAYMENT ADDRESS a. Notices and Correspondence. Any notices and correspondence provided for in this Agreement, other than payments, to be given by either Party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States mail, registered or certified and postage prepaid, addressed as follows: To SCE: Lynette Mcllvaine Project Manager (Transmission) Southern California Edison 1444 E. McFadden Avenue Santa Ana, CA 92705 To: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Andrew Brown b. Payments: Any payments provided for in this Agreement shall be forwarded to the addresses below. Page 6 of 11 Construction&Technical Support Revision Date: Rule 20C-Applicant to Install Ducts/Substructures March 2016 To SCE: Southern California Edison Company P.O. Box 800 Rosemead, California 91771-0001 Attention: Accounts Receivable To: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Andrew Brown 12. TERMINATION a. Applicant's Right to Terminate Agreement. The Applicant shall have the right to terminate this Agreement at any time upon written notice to SCE. If this Agreement is terminated by the Applicant, the Applicant shall be responsible to SCE for all costs and expenses actually incurred by SCE in connection with SCE's preparation of the Relocation Plans, performance of the Relocation Work, and any other actions/activities under this Agreement, notwithstanding the cost allocation provisions in Section 5, above. Additionally, Applicant shall be responsible for any additional costs and expenses incurred by SCE as a result of the termination, including but not limited to, restoring the SCE Facilities to a permanent operational state; all costs for equipment and/or materials; and all costs or expenses related to the cancellation of contracts, purchase orders, or other commitments or agreements entered into up to and including the date of the notice of termination, between SCE and all parties furnishing labor, materials, and services in connection with this Agreement. SCE shall prepare and deliver to the Applicant an invoice that describes/identifies the costs and expenses thus incurred by SCE. Within 30 days following SCE's delivery of said invoice, the Applicant shall pay to SCE the amounts specified in the invoice. b. Termination Due to Applicant's Default. If the Applicant is in default of any of the terms, provisions, conditions, limitations and covenants of this Agreement, SCE may give the Applicant written notice of default ("Default Notice"). If the Applicant does not cure such default within the time specified in the Default Notice, SCE has the right, but not the obligation, to terminate this Agreement upon 30 days written notice to the Applicant (or such lesser time as may be appropriate under the circumstances). Except as otherwise provided, should SCE exercise such right of termination, SCE shall be entitled to payment for all costs and expenses for materials, services, labor, overhead, and any other expenses related to the performance of this Agreement thus incurred by SCE, up to and including the date of termination, notwithstanding the cost allocation provisions in Section 5, above. SCE shall also be entitled to payment for all costs and expenses required to effect the termination of this Agreement, including but not limited to: all costs and expenses pertaining to the restoration of the SCE Facilities to a permanent operational state; all costs for equipment and/or materials; and all costs and expenses related to the cancellation of contracts, purchase orders, commitments or other agreements entered into up to and including the date of the notice of termination, between SCE and all parties furnishing labor, materials, and services in connection with this Agreement. SCE shall prepare and deliver to the Applicant an invoice that describes/identifies the costs and expenses thus incurred by SCE. Within 30 days following SCE's delivery of said invoice, the Applicant shall pay to SCE the amounts specified in the invoice. 13. JURISDICTION OF PUBLIC UTILITIES COMMISSION Page 7 of 11 Construction&Technical Support Revision Date: Rule 20C-Applicant to Install Ducts/Substructures March 2016 This Agreement shall at all times be subject to such changes or modifications as the California Public Utilities Commission may, from time to time, direct in the exercise of its jurisdiction pursuant to the authority conferred upon it by law. 14. AMENDMENTS The provisions of this Agreement shall not be altered or amended by any representations or promises of any Party unless consented to in a writing executed by all Parties. 15. GOVERNING LAW This Agreement shall be subject to and construed according to the laws of the State of California. 16. HEADINGS The captions and headings used in this Agreement are strictly for convenience and are not intended to and shall not affect the Parties' rights and obligations, or the construction or interpretation of this Agreement. 17. THIRD PARTY BENEFICIARIES Nothing herein is intended to create any third party benefit. 18. NO AGENCY, PARTNERSHIP OR JOINT VENTURE Nothing contained herein shall be deemed or construed as creating the relationship of principal and agent or of partnership or of joint venture by and between the Parties hereto. 19. WAIVER No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by any Party of any provision under this Agreement shall be effective unless in writing and signed by such Party, and no waiver shall affect any default other than the default specified in the waiver and then said waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same. 20. DUPLICATE ORIGINALS AND ELECTRONIC SIGNATURES This Agreement may be executed in duplicate originals, each of which, when so executed and delivered, shall be an original but such counterparts shall together constitute one instrument and agreement. The exchange of copies of this Agreement and of signature pages by facsimile transmission, Portable Document Format (i.e., PDF) or by other electronic means constitutes effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. This Agreement may be executed byway of an electronic signature, in which case, said electronic signature shall have the same force and effect as a written signature. Page 8 of 11 Construction&Technical Support Revision Date: Rule 20C-Applicant to Install Ducts/Substructures March 2016 IN WITNESS WHEREOF, this Agreement and each and every term herein is agreed to by and between the undersigned. DATED: --------------- Orange County Sanitation District, BY: ------------------------------------ Jim Herberg General Manager DATED: --------------- SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation BY: ------------------------------------ Lynette Mcllvaine Project Manager Page 9 of 11 Construction&Technical Support Revision Date: Rule 20C-Applicant to Install Ducts/Substructures March 2016 EXHIBIT A Description of the Project Location 10844 Ellis Avenue, City of Fountain Valley, between SCE power poles 1680659E and 1680661E Page 10 of 11 Construction&Technical Support Revision Date: Rule 20C-Applicant to Install Ducts/Substructures March 2016 EXHIBIT B APPROVED RELOCATION PLANS low Page 11 of 11 Construction&Technical Support Revision Date: Rule Z0[-Applicant to Install Ducts/Substmctums pebmaryZOl5 Administration Building STEERING COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2110 Agenda Date: 1/26/2022 Agenda Item No: 11. FROM: James D. Herberg, General Manager SUBJECT: GENERAL MANAGER'S FY 2021-2022 WORK PLAN MID-YEAR UPDATE GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the General Manager's FY 2021-2022 Work Plan Mid-Year Update. BACKGROUND Each year, the General Manager prepares a work plan of activities supporting Orange County Sanitation District's (OC San) strategic goals and initiatives to be accomplished during the fiscal year. The General Manager's FY 2021-2022 work plan was approved by the Steering Committee and Board of Directors in August 2021. Attached is the mid-year update for the General Manager's FY 2021-2022 Work Plan. RELEVANT STANDARDS • Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard • Cultivate a highly qualified, well-trained, and diverse workforce • Maintain and adhere to appropriate internal planning documents (Biosolids, Odor, and Energy Master Plans) • Use all practical and effective means for resource recovery PRIOR COMMITTEE/BOARD ACTIONS July 2021 - Steering Committee received and filed the FY 2021- 2022 General Manager's Proposed Work Plan. August 2021 - Steering Committee and Board of Directors approved the General Manager's FY 2021 -2022 Work Plan. ADDITIONAL INFORMATION The General Manager's work plan includes 23 goals for the fiscal year. Five items in the work plan have been completed. Orange County Sanitation District Page 1 of 2 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2110 Agenda Date: 1/26/2022 Agenda Item No: 11. FINANCIAL CONSIDERATIONS All items included in the General Manager's Work Plan were budgeted in the FY 2021-2022 Budget. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • General Manager's FY 2021-2022 Work Plan Mid-Year Update Orange County Sanitation District Page 2 of 2 Printed on 1/19/2022 powered by LegistarTM AN 10844 Ellis Avenue Fountain Valley,CA 92708 OCiSS714.962.2411 ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov January 26, 2022 serving. Anaheim TO: Chairman and Members of the Board of Directors Brea Buena Park FROM: James D. Herberg, General Manager A/ L Cypress SUBJECT: General Manager's Fiscal Year 2021-2022 Work Plan Mid-Year Fountain Valley Update Fullerton Garden Grove am pleased to present the mid-year update for my Fiscal Year 2021-22 Work Huntington Beach Plan. The Work Plan has 23 individual goals organized under four Strategic Planning categories: Business Principles, Environmental Stewardship, Irvine Wastewater Management, and Workplace Environment. At the mid-year point, La Habra five of the 23 goals have been completed and the remainder are in progress for completion by the end of the fiscal year. La Palma Los Alamitos 1. Business Principles Newport Beach • PAPERLESS OFFICE — Incorporate the trusted system and Orange implement a fully digital process to reduce the use of paper by June 30, 2022. Placentia Santa Ana UPDATE: In progress. The system installation and repository structure are near completion. Currently, work is underway to migrate documents Seal Beach into the new Laserfiche system. Stanton • CYBER SECURITY POLICY — Complete the Cyber Security Incident Tustin Response Program playbooks and incorporate the playbooks into the Villa Park OC San Integrated Emergency Response Plan by June 30, 2022. County of Orange UPDATE: Complete. The Cyber Security Incident Response Program Costa Mesa playbooks were integrated into the OC San Integrated Emergency Sanitary District Response Plan in October 2021. Midway city Sanitary District • WAREHOUSE MODERNIZATION — Implement remote warehousing Irvine Ranch at Plant No. 2 to allow for the demolition of the current warehouse Water District facility for construction of new digesters. Present an implementation Ian and budget for review and approval In June 2022. Linda p g pp Water District Our Mission:To protect public health and the environment by providing effective wastewater collection, treatment,and recycling. General Manager's FY 21-22 Work Plan Mid-Year Update January 26, 2022 Page 2 of 8 UPDATE: In progress. Budget development and identification of key project elements is underway. The movement of inventory from Plant No. 2 to Plant No. 1 has begun and will continue through the life of the project. The project is currently on schedule to meet the June 2022 date for review and approval of the implementation plan and budget. • PROPERTY MANAGEMENT — (Continued from FY 2020/21) — Complete action plans for OC San's real property, easement, and rights-of-way for encroachments and encumbrances which limit access or impede proper use of OC San's rights by December 31, 2021, that will restore long-term use for identified encroachments or encumbrances. UPDATE: In progress. The organization and compilation of the easement and right of way information is complete. An update on the progress was presented to the Executive Management Team (EMT) in December 2021. Administrative Services and Collections Divisions are working on a rating system for the encroachments and encumbrances, along with an action plan to restore and maintain long-term use. This will be complete in spring 2022. • PERMIT AND REPORTING MANAGEMENT SYSTEM — (Continued from FY 2020/21) Implement the business process mapping for source control permit management, compliance data management, and Environmental Protection Agency compliance reporting system by June 30, 2022. UPDATE: In progress. A consultant has been selected through the Request for Proposal process. Interviews with Resource Protection staff are underway, and OC San has received the first draft of several of the business processes for review. • ORGANIZATIONAL ADVOCACY AND OUTREACH - Develop a new Organizational Advocacy & Outreach policy consistent with the Strategic Plan as adopted by the Board of Directors by November 30, 2021. UPDATE: Complete. New policy area added to the 2021 Strategic Plan which was adopted by the Board on November 17, 2021. General Manager's FY 21-22 Work Plan Mid-Year Update January 26, 2022 Page 3 of 8 2. Environmental Stewardship • ENERGY INDEPENDENCE — (Continued from FY 2020/21) — Overhaul one Central Generation Engine and issue a request for proposal for a study of long-term alternatives for treatment plant energy recovery by December 31,2021. UPDATE: In progress. Work continues on the overhaul of the Central Generation Engine at Plant No. 1. There have been some delays due toquality issues of parts, but testing is anticipated by February 2022. A scope of work for the long-term alternatives for treatment plant energy recovery is complete; proposals will be solicited in the spring 2022. • CLIMATE AND CATASTROPHIC EVENT RESILIENCE POLICY — Complete the preliminary design for perimeter wall along the southwest portion of Plant No.2 as part of the TPAD Digester Facility at Plant No. 2, Project No. P2-128, by June 30, 2022. UPDATE: Complete. The draft Preliminary Design Report was submitted in November 2021. The Preliminary Design Report findings were approved on January 6, 2022. • FOOD WASTE TREATMENT POLICY — Establish a feedstock agreement and initiate the bid process within three months of agreement finalization to accept up to 150 tons per day of food waste slurry for co-digestion. Provide an information update to the Board of Directors by December 31, 2021. UPDATE: In progress. OC San has been meeting with two of the four solid waste management firms monthly which have recently been rescheduled to quarterly meetings. The firms no longer meeting with OC San have expressed that they cannot meet our food waste specification and requested that meetings cease. They have indicated that they will find other food waste management alternatives. The other two firms are currently working on feasibility studies to determine the type of food waste process technology and siting logistics. An information update was provided to the Board of Directors in December2021 . • INTERAGENCY REGIONAL WASTEWATER CAPACITY AND WATER QUALITY SOLUTIONS — Develop the scope and objectives for interagency study among OC San, Orange County Water District, and Orange County Watersheds on feasibility of accepting additional dry weather urban runoff and potential stormwater harvesting and present to the Board of Directors by December 31 , 2021 . General Manager's FY 21-22 Work Plan Mid-Year Update January 26, 2022 Page 4 of 8 UPDATE: Complete. Staff presented the scope and objectives of the Regional Urban Runoff Diversion Optimization Study at the December Operations Committee. Staff will be working with Orange County Water District and Orange County Public Works in the upcoming months to develop the final scope of work. • WASTEWATER SURVEILLANCE — Collaborate with the Centers for Disease Control (CDC)/California Department of Public Health (CDPH) to continue developing a Wastewater Surveillance program for COVID-19 and beyond. Provide an information update to the Board of Directors by June 30, 2022. UPDATE: In progress. OC San continues to actively work with CDPH as a partner in California's efforts to support CDC's National Wastewater Surveillance System program. Staff provides weekly and monthly updates to the EMT and will present an update to the Board of Directors by June 2022. 3. Wastewater Management • CHEMICAL SUSTAINABILITY POLICY — Create a plan to optimize chemical usage in the treatment plants and create a plan to guide operations in the event of a sudden loss of chemical supply. Complete plans by June 30, 2022. UPDATE: In progress. The Chemical Sustainability Study is underway. The baseline conditions and contingency planning are complete and test plans are being developed. Staff are on-track to meet the June 30 deadline. • BIOSOLIDS MANAGEMENT POLICY — SUPER CRITICAL OXYGENATION Work with 374Water to initiate a research project to scale up a super critical water oxidation system to six tons per day production levels. Investigate the treatment of raw sludge, biosolids, food waste, and other organic waste stream. If practical, seek Board approval for a research project by October 31, 2021. If approved, start processing waste streams by June 30, 2022. UPDATE: In progress. A research project and contract to 374Water was approved by the Board of Directors in December 2021. It is anticipated that commissioning of the system can begin in October of 2022. Some delays were experienced complying with the public works requirements of the project. • CONSTITUENTS OF EMERGING CONCERN POLICY — Formalize a Constituents of Emerging Concern (CEC) Management Framework that emphasizes controlling PFAS and other CECs at the source. Continue to work with industry partners to General Manager's FY 21-22 Work Plan Mid-Year Update January 26, 2022 Page 5 of 8 explore technologies that measure, reduce, sequester, or destroy PFAS. Provide a report with recommendations to the Board of Directors by June 30, 2022. UPDATE: In progress. Based on monitoring results under the State Water Board's Investigative Order and other data, we are constructing the PFAS framework to control PFAS discharges from all sectors; industrial/commercial, domestic, and other agencies. We are collaborating with other agencies and technology leaders on options for PFAS management (e.g., supercritical oxidation). We have an in-house analytical method for PFAS and are tracking EPA's efforts on the wastewater and biosolids matrices. Staff will submit an update to the Board in June 2022 with recommendations. • INTERAGENCY EMERGENCY PREPAREDNESS AND CONTINGENCY COORDINATION — Review contracting agencies' (e.g., SAWPA and IRWD) emergency preparedness and continency plans to ensure compatibility with OC San's operational and regulatory constraints. Provide an information update to the Board of Directors by June 30, 2022. UPDATE: In progress. In August 2021, OC San provided a presentation on the current and regulatory requirements for ocean discharge to the SAWPA Joint Policy Committee. Staff are continuing to assist SAWPA to update its waste discharge ordinance to incorporate emergency responses (e.g., definition, notifications, preparedness) and contingency plans to ensure alignment with OC San ordinance and regulatory mandates. • SUPPLEMENTAL ENGINEERING SERVICES CONTRACTS — Procure new agreements for Supplemental Engineering Services to replace the existing Supplemental Engineering Services and Staff Support Services. Advertise the Request for Proposals by October 31, 2021. UPDATE: Complete. Requests for Proposals were advertised on September 21, 2021. Proposals were received on November 17, 2021, and interviews conducted on December 16, 2021. Staff intends to recommend award of two new agreements in March 2022. General Manager's FY 21-22 Work Plan Mid-Year Update January 26, 2022 Page 6 of 8 4. Workplace Environment • SAFETY AND PHYSICAL SECURITY — Conduct security assessment for Plant No. 2 to determine layout and design of entry/exit points via siting study (i.e. cameras, traffic flow, reject lane, security zones) and install access card readers in all occupied buildings by June 30, 2022. UPDATE: In progress. Risk Management staff is preparing a scope of work for a consultant to perform a Plant No. 2 security assessment. Additionally, equipment and materials have been ordered for the installation of access card readers at the Plant No. 2 Construction Management Trailers. Staff anticipates completion by June 2022. • VOLUNTARY PROTECTION PROGRAM — Continue to assess and maintain all programs and training relative to a Voluntary Protection Program (VPP). Implement a Wildfire Smoke Exposure Management Program by December 31 , 2021 and conduct an annual third-party review of the safety program by June 30, 2022. UPDATE: In progress. As part of our standard process and our pursuit of the California Voluntary Protection Program (Cal/VPP) recognition, OC San continues to assess and maintain its safety and health programs, focusing on quick close out of audit findings and best practice implementation. OC San has also finalized a Wildfire Smoke Exposure Management Program, with program implementation occurring in December 2021. Staff will be trained on the Wildfire Smoke Program just before the fire season in April 2022. The third-party audit is in progress and will be completed by June 30, 2022. • EMERGENCY RESPONSE — Conduct an annual exercise on Tsunami response by June 30, 2022. UDPATE: In progress. In June 2022, OC San will conduct a Tabletop Exercise on our Tsunami Response Plan. Risk Management staff will develop the exercise utilizing reference material from the Pacific Tsunami Warning Exercise conducted by the National Oceanic and Atmospheric Administration to help formulate the scenario and source material. Staff will also incorporate Operational Area operating procedures to simulate real time reporting and communications. General Manager's FY 21-22 Work Plan Mid-Year Update January 26, 2022 Page 7 of 8 • OC SAN U — Expand OC San U offerings to outside agencies by June 30, 2022 and continue to offer one employee training session per month that pertains to organizational awareness, leadership, communications, technology, or partnerships for the future. UPDATE: In progress. OC San U, an employee development program managed by Human Resources with support from employee volunteers, continues to offer employees one training session per month that pertains to organizational awareness, leadership, communication, technology, and partnerships for the future. The OC San U Team anticipates expanding the program to include participation by outside agencies and is in the process of working out the logistics and developing the course content. The initial training opportunity that will be offered to outside agencies is targeted for April 2022 on the topic of leadership. • CENTRALIZED TRAINING PROGRAM — Evaluate and determine agency needs for a centralized training program with defined budget, and goals with management housed under one division by December 31, 2021, in time for budget consideration for Fiscal Year 2022/2023. UDPATE: In progress. Human Resources conducted an audit to determine if OC San's employee training program is meeting the agency's training needs effectively and is in compliance with applicable laws and regulations. The analysis included an evaluation of training topics and resources utilized (staff time and training budget). In December 2021, HR staff provided a presentation to the EMT outlining areas of opportunity and an implementation plan to move toward a centralized training program. Meetings with individual departments to further assess training needs are underway, and presentations to the EMT and Manager's group will be held in January 2022 to further refine the training program goals and budgetary considerations. • LABOR NEGOTIATIONS — Facilitate Board and Board Chairman in hiring Chief Negotiator prior to December 31, 2021 and engage in contract negotiations with all unions prior to the expiration of current contracts on June 30, 2022. UDPATE: In progress. In November 2021, OC San approved the contract with Laura Kalty of Liebert Cassidy Whitmore, who will serve as Chief Negotiator in the upcoming contract negotiations. Human Resources is on track to engage with all unions prior to the expiration of the current contracts in June 2022. Ms. Kalty will work closely with the Steering Committee, the Board, and HR to negotiate and execute tentative agreements consistent with authority granted General Manager's FY 21-22 Work Plan Mid-Year Update January 26, 2022 Page 8 of 8 by the Board of Directors. HR anticipates an initial meeting with the Board in January 2022 to introduce Ms. Kalty and the HR labor team. • CLASSIFICATION & COMPENSATION STUDY — Conduct an agencywide Classification and Compensation study complete analysis and Board presentations by March 31, 2022. UDPATE: In progress. OC San's comprehensive Classification and Compensation Study to update its job descriptions and benchmark against other organizations' job and pay structures continues. Job descriptions are under revision by consultant Koff & Associates based on input gathered from employees, management, and Human Resources, with stakeholder review to follow. The compensation phase will begin in early 2022 to collect market data and benchmark OC San's classifications and pay against its comparison agencies for presentation to the Board of Directors in March 2022. Administration Building STEERING COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2111 Agenda Date: 1/26/2022 Agenda Item No: 12. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: JANITORIAL & FLOOR MAINTENANCE SERVICE CONTRACT FOR PLANT NOS. 1 AND 2 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Approve a Service Contract to Gamboa Services Inc. dba Corporate Image Maintenance to provide Janitorial & Floor Maintenance Services at Plant Nos. 1 and 2, Specification No. S- 2021-1270BD, for a total amount not to exceed $961,705, for the period beginning February 1, 2022, through January 31, 2023, with four, one-year renewal options; and B. Approve an annual contingency of$96,170 (10%). BACKGROUND The purpose of this Service Contract is to provide cleaning, floor maintenance, and disinfecting services, including all necessary labor, supplies, materials, and equipment, for buildings and offices at Orange County Sanitation District's (OC San) Plant Nos. 1 and 2. The proposed Service Contract provides cleaning and disinfection services for approximately 188,000 square feet of work area across both plant locations including day and night shift coverages in process areas, seven days per week, and five days per week service for non-process areas. RELEVANT STANDARDS • Commitment to safety & reducing risk in all operations • Provide a safe and collegial workplace PROBLEM On December 15, 2021, the Board approved a Service Contract to U.S. Metro Group, Inc. to provide Janitorial & Floor Maintenance Services at Plant Nos. 1 and 2 per Specification No. S-2021-127013D, for a total amount not to exceed $799,992, for the period beginning February 1, 2022, through January 31, 2023, with four, one-year renewal options. After the approval, U.S. Metro formally withdrew their proposal. The current janitorial and floor maintenance Service Contract expires on January 31, 2022. Orange County Sanitation District Page 1 of 4 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2111 Agenda Date: 1/26/2022 Agenda Item No: 12. PROPOSED SOLUTION Approve a Janitorial and Floor Maintenance Service Contract to Gamboa Services Inc. dba Corporate Image Maintenance as the next highest ranked proposer for Specification No. S-2021- 127013D. TIMING CONCERNS The current purchase order contract for the disinfecting and janitorial service expires on January 31, 2022. RAMIFICATIONS OF NOT TAKING ACTION Not approving a new Service Contract would result in lapse in janitorial, floor maintenance, and disinfection services at Plant Nos. 1 and 2. PRIOR COMMITTEE/BOARD ACTIONS December 2021 - Approved Service Contract to U.S. Metro Group, Inc. to provide Janitorial & Floor Maintenance Services at Plant Nos. 1 and 2, Specification No. S-2021-127013D, for a total amount not to exceed $799,992, for the period beginning February 1, 2022, through January 31, 2023, with four, one-year renewal options; and approved an annual contingency of $79,999 (10%). ADDITIONAL INFORMATION On August 19, 2021, OC San issued a Request for Proposal (RFP) via Planet Bids. The following evaluation criterion were described in the RFP and used to determine the most qualified vendor. CRITERION WEIGHT 1 . Qualifications & Experience of Firm 20% 2. Proposed Staffing & Project 20% Organization 3. Work Plan 30% 4. Presentation/Interview 10% P. Cost 20% The RFP closed on September 28, 2021. OC San received responses from six vendors, five vendors were responsive and were evaluated. The RFP evaluation team consisted of one Maintenance Superintendent, two Operations & Maintenance Supervisors, one Safety and Health Supervisor, and one Lead Facilities Worker. This RFP used the individual scoring method. The evaluation team first reviewed and scored the proposals based upon the criterion listed above, other than cost. Orange County Sanitation District Page 2 of 4 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2111 Agenda Date: 1/26/2022 Agenda Item No: 12. Rank Proposer Criterion 1 Criterion 2 Criterion 3 Subtotal (Max 20%) (Max 20%) (Max 30%) Score (Max 70%) 1 U.S. Metro 14% 14% 23% 51% Group, Inc.* 2 Gamboa 14% 13% 21% 48% Services Inc. 3 Kleenway 13% 12% 20% 45% Services, Inc. 4 Joncowest 13% 13% 18% 44% 5 J&S Building 6% 9% 8% 23% Maintenance 6 CCS Facility N/A N/A N/A N/A Services (Non -Responsive) All proposals were accompanied by a sealed cost proposal. Only the cost proposals for the two highest-ranked firms were opened and negotiated. No Interviews were conducted. Rank Proposer Subtotal Score FINAL Cost Total Weighted without cost (Max 20%) Score (Max (Max 70%) 90%) 1 U.S. Metro 51% 20% 71% Group, Inc.* 2 Gamboa 48% 17% 65% Services Inc. Cost Information for Opened Proposals: Rank Proposer ORIGINAL COST BAFO (If applicable) 1 U.S. Metro Group, $808,620 $799,992* Inc.* 2 Gamboa Services $983,365 $961,705 Inc. * On January 4, 2022, U.S. Metro Group, Inc. formally withdrew their proposal. Based on these results, staff recommends that Gamboa Services Inc. dba Corporate Image Maintenance be awarded the Janitorial & Floor Maintenance Service Contract. The term of this Service Contract will begin February 1, 2022, through January 31, 2023, with four, optional one-year renewals. Orange County Sanitation District Page 3 of 4 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2111 Agenda Date: 1/26/2022 Agenda Item No: 12. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the OC San Purchasing Ordinance. This recommendation will be funded under the Professional and Contractual Services line items for Administrative Services Department (Adopted Budget Update FY2021-22, Page 39). The available funding is sufficient for this action. Date of Approval Contract Amount Contingency 01/26/2022 $961,705 $96,170 (10%) ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Service Contract Orange County Sanitation District Page 4 of 4 Printed on 1/19/2022 powered by LegistarTM SERVICE CONTRACT Janitorial & Floor Maintenance Service at Plants 1 & 2 Specification No. S-2021-127OBD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Gamboa Services, Inc. dba Corporate Image Maintenance with a principal place of business at 2116 S. Wright Street, Santa Ana, CA 92705 (hereinafter referred to as "Contractor") collectively referred to as the "Parties". WITNESSETH WHEREAS, OC San desires to temporarily retain the services of Contractor for Janitorial & Floor Maintenance Service at Plants 1 & 2 ("Services") as described in Exhibit "A"; and WHEREAS, OC San has chosen Contractor to conduct the Services in accordance with Ordinance No. OC SAN-56; and WHEREAS, on January 26, 2022, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services, NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") are made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of the Services as described in Exhibit "A". 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibit "A" Scope of Work Exhibit "B" Proposal and Best and Final Cost Proposal Exhibit "C" Determined Insurance Requirement Form Exhibit "D" Contractor Safety Standards Exhibit "E" Human Resources Policies 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof. Orange County Sanitation District 1 of 10 Specification No. S-2021-127OBD Revision 031021 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OC San holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term "hours", when used in this Contract, shall be as defined in Exhibit "A". 1.9 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.10 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or actions incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San. 2. Compensation Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not to exceed Nine Hundred Sixty-one Thousand, Seven Hundred Five Dollars ($961,705.00). 3. California Department of Industrial Relations (DIR) Re_pistration and Record of Wages 3.1 To the extent Contractor's employees and/or its subcontractors will perform Work during the design and preconstruction phases of a construction contract or perform work under a maintenance contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non- compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a copy of all certified payroll records to OC San and/or general public upon request, provided the public request is made through OC San, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 4. Payments and Invoicing 4.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San's Project Manager or designee, of itemized invoices submitted monthly for Services rendered in accordance with Exhibit "A". OC San, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 4.2 Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff(a_OCSan.gov and "INVOICE" with the Purchase Order Number and S-2021- 1270BD shall be referenced in the subject line. Orange County Sanitation District 2 of 10 Specification No. S-2021-127OBD Revision 031021 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit"A". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OC San at any time. All modifications must be made in writing and signed by both Parties. 8. Contract Term The Services provided under this Contract shall be for the period of one (1) year commencing on February 1, 2022 and continuing through January 31, 2023 9. Renewals 9.1 OC San may exercise the option to renew this Contract for up to four (4) one-year periods, under the terms and conditions contained herein. OC San shall have no obligation to renew nor give reason if it elects not to renew. 9.2 This Contract may be renewed by OC San Purchase Order. 10. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. 11. Performance Time is of the essence in the performance of the provisions hereof. 12. Termination 12.1 OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract(unless the notice directs otherwise). OC San shall thereafter, within thirty(30) days, pay Contractor for work performed (cost and fee)to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 12.2 OC San reserves the right to terminate this Contract immediately upon OC San's determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or for any other default of this Contract. 12.3 OC San may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: ■ if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or ■ if Contractor sells its business; or ■ if Contractor breaches any of the terms of this Contract; or ■ if the total amount of compensation exceeds the amount authorized under this Contract. Orange County Sanitation District 3 of 10 Specification No. S-2021-12708D Revision 031021 12.4 All OC San property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs fi rst. 13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Determined Insurance Requirement Form (attached hereto and incorporated herein as Exhibit "C"). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 14. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OC San, Contractor shall indemnify, protect, defend and hold harmless OC San, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San. 15. Contractor Safety Standards and Human Resources Policies OC San requires Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well as Contractor Safety Standards while working at OC San locations. If during the course of the Contract it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor and all of its employees and subcontractors, shall adhere to all applicable Contractor Safety Standards attached hereto as Exhibit "D" and the Human Resources Policies in Exhibit "E". 16. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply: 16.1 Manufacturer's standard warranty shall apply. All manufacturer warranties shall commence on the date of acceptance by the OC San Project Manager or designee of the work as complete. Orange County Sanitation District 4 of 10 Specification No. S-2021-12708D Revision 031021 16.2 Contractor's Warranty (Guarantee): If within a one (1) year period of completion of all work as specified in Exhibit "A", OC San informs Contractor that any portion of the Services provided fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OC San and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 17. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent of the Parties or may be eliminated from the Contract. 18. Frei_ght (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; and 2) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor's risk, until written instructions are received from OC San. 20. Re_gulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 21. Environmental Compliance Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations. 22. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor. 23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any provision required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically included. 24. Contractor's Employees Compensation 24.1 Davis-Bacon Act — Contractor will pay and will require all subcontractors to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis- Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by Federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Orange County Sanitation District 5 of 10 Specification No. S-2021-127OBD Revision 031021 Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. 24.2 General Prevailing Rate — OC San has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OC San will have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request. 24.3 Forfeiture For Violation — Contractor shall, as a penalty to OC San, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 24.4 Apprentices—Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty(20)working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5) working days or more. 24.5 Workday—In the performance of this Contract, not more than eight(8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OC San as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 24.6 Record of Wages; Inspection — Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776. Orange County Sanitation District 6 of 10 Specification No. S-2021-12708D Revision 031021 25. South Coast Air Quality Management District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 26. Governin_p Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange, in the event any action is brought in connection with this Contract or the performance thereof. 27. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OC San does not object shall not operate as a waiver of OC San's rights to seek remedies available to it for any subsequent breach. 28. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (2) recover whatever amount of the purchase price OC San has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OC San elects to "cover" as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price, together with any incidental or consequential damages. 29. Dispute Resolution 29.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 29.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2)arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 30. Attorney's Fees If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Orange County Sanitation District 7 of 10 Specification No. S-2021-12708D Revision 031021 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 31. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 32. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 33. Dama_ge to OC San's Property Any of OC San's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OC San. 34. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OC San. 35. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San's employees. 36. Limitations upon Subcontractinq and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 37. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor. 38. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract. 39. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 40. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 41. Entire Agreement This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 8 of 10 Specification No. S-2021-12708D Revision 031021 42. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: Darius Ghazi Senior Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: Michael Gamboa Vice President Gamboa Services, Inc. dba Corporate Image Maintenance 2116 S. Wright Street Santa Ana, CA 92705 Each party shall provide the other party written notice of any change in address as soon as practicable. [Intentionally left blank. Signatures follow on the next page.] Orange County Sanitation District 9 of 10 Specification No. S-2021-127OBD Revision 031021 IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: John B. Withers Chair, Board of Directors Dated: By: Kelly A. Lore Clerk of the Board Dated: By: Ruth Zintzun Purchasing and Contracts Manager GAMBOA SERVICES, INC. DBA CORPORATE IMAGE MAINTENANCE Dated: By: Print Name and Title of Officer BG:CMM Orange County Sanitation District 10 of 10 Specification No. S-2021-127OBD Revision 031021 Exhibit "A" ADDENDUM NO. 1 TO THE REQUEST FOR PROPOSALS SCOPE OF WORK AS MODIFIED BY ADDENDUM NO. 1 APPENDICES A-1 THROUGH A-4 EXHIBIT"A" Specification No. S-2021-1270BD 10844 Ellis Avenue N Fountain Valley,CA 92708 nr6, SA714.962.2411 ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov September 7, 2021 Serving: ADDENDUM #1 Anaheim NOTICE TO PROPOSERS Brea Janitorial & Floor Maintenance Service at Plants 1 & 2 Buena Park SPECIFICATION NO. S-2021-127OBD cypress Fountain Valley QUESTION CUT-OFF DATE: September 6, 2021 at 2:00 P.M. PT Fullerton ➢ RFP SUBMITTAL DATE: September 28, 2021 at 2:00 P.M. PT Garden Grove A non-mandatory pre-proposal meeting scheduled for September 1, 2021 at 10:00 A.M. Huntington Beach PT was held via Microsoft Teams. Irvine The following additions, modifications, corrections, deletions, and clarifications are La Habra hereby made to the RFP document named above. La Palma o Alamitos DELETIONS Delete Section 2.12 in General Provisions, Page 5 of 16. 4ewport Beach Orange 2.12 O-C San Personal PFGtectiiye �Te1f (PPE) Requirements Refer to DDG Requirements identified in Section 1 of this DCD °12centla ,anta Ana Delete the first two sentences from Section 5.16.4 in Exhibit A, Scope of Work Seal Beach as it conflicts with Section 5.6: Stanton 5.16.4 Minimum Staffing, Breaks and Extraordinary Services Tustin Villa Park . The Gentracter shall provide no less than the minimum number of staff to meet the requirements of this SGope of WGFk and to the '_fiunty of Orange satisfaction of the OC Can a Reprresentatz iye. "Y _os�a Mesa For this Contract, n�C San_requires hhe the to provide a_total Sanitary District of Seven (7) Full-time janitors Three (3) Detail Porters and Two (2) Midway City Full-Times visors• one for each of the two (2) Plant locations Sanitary District Irvine Ranch Water District Yorba Linda Water District Our Mission:To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. QUESTIONS 1 Question: Is this project considered a Prevailing Wage Contract? Answer: Yes, please see attached Important Notice from the State of California (Department of Industrial Relations) regarding the Prevailing Wage Rates for Janitorial services. Also attached is the General Prevailing Wage Determination for the Janitor Classification. The Notice increased the Basic Hourly Rate for the Prevailing Wage Determination to $14.00/Hr (currently) and $15.00/Hr (Effective 1/1/2022 with the increase of minimum wage). The Prevailing rate benefit payments as listed (Effective 5/112015) are still current, in effect and required to be paid by the employer in addition to the Basic Hourly Rate. 2 Question: who is the current services provider? What is the contract pricing? Answer: The Current Service Provider is Corporate Image Maintenance Inc. The current Janitorial Services are billed at $62,750.00/per month (8/1/21-12/31/21) and final month at $66,250.00 (1/1/22-1/31/22) and $17,900.00 for the Annual Floor Maintenance. Total Contract for the period of 8/1/21 through 1/31/22 is $397,900.00. 3 Question: How many full-time janitors are now at each plant? Answer: The current staffing level is 15 total janitors (10 Janitors, 3 detail porters and 2 Supervisors). There are one (1) Supervisor at each Plant and three (3) detail porters (two (2) at Plant 1 and one (1) at Plant 2) and 10 Janitors (between both Plants-Breakdown not available at current time). Proposers can propose alternate staffing levels to meet the requirements of the Scope of Work. 4 Question: Full-time means 40 hours weekly? Answer: DIR considers Full-time employment to be 40 hours per week as defined in California Labor Code Section 515(c). 5 Question: Can 29 hour schedules be accepted, (helping assure coverage)? Answer: Proposers can propose alternate staffing levels and hours other than full-time. ADDENDUM #1 Page 2 of 4 Specification No. S-2021-1270BD 6 Question: Are current staff safety-trained? Answer: Yes 7 Question: How many OC people work at each plant? Answer: OC San staff at Plant 1 is approximately 400 and at Plant 2 is 200. 8 Question: Any estimate of visitor counts? Answer: Approximately 50 visitors per day for both plants combined. 9 Question: Will any remote staff be in-plant? Answer: On average approximately 40% of the approximate 600 OC San Staff are working remotely on any given day (Monday-Friday). However, OC San plans to bring all staff back in plant as OC San Management/ CDC Regulations allow. 10 Question: Are there vaccination / mask/testing requirements? Answer: Currently, there are only mask requirements. OC San continues to comply with the Cal-OSHA Covid-19 Emergency Temporary Standard as well as Federal, State and local public health guidance. 11 Question: Are there temperature or other checks done for each entry to either plant? Answer: Currently No. 12 Question: Is there a current Janitorial service at work- What is the company name? Answer: Yes, the Current Service Provider is Corporate Image Maintenance Inc. 13 Question: Is there any known CBA? Answer: No 14 Question: Are you happy with current company? Answer: Yes, they are providing a satisfactory service. 15 Question: Did you say in the meeting that there is assigned parking? Answer: No ADDENDUM #1 Page 3 of 4 Specification No. S-2021-1270BD 16 Question: Does the awarded company pay for their parking and badges? Answer: No 17 Question: Are you happy with your current crew? Answer: Yes 18 Question: The USMGI EMR is between 1.01 and 1.25. Exhibit I, page 2, requires "A completed Workers' Compensation Experience Rating Form (also referred to as an Experience Rating Worksheet)." There appears no such form in the RFP Or exhibits, apparently. Answer: Please refer to Exhibit J, Safety Declaration of Contractor, Question #3 19 Question: Can a copy of the prevailing wage information shown in today's meeting be provided? Answer: Please see answer to Question 1 above. 20 Question: What is the current monthly price for the janitorial services? Answer: Please see answer to Question 2 above. 21 Question: Who is the incumbent and total value of current contract? Answer: Please see answer to Question 2 above. 22 Question: How many employees are there at each of the locations? Answer: Please see answer to Question 7 above. 23 Question: What is the total annual fees for the services based on the existing contract you have? Answer: Please see answer to Question 2 above. 24 Question: What are last years or the year previous' bid results? Answer: All the previous bid results and details can be viewed through Planetbids portal under Bid Specification No. S-2020-118913D. 25 Question: Is there a dumpster area on site where we will be able to dump trash? Answer: Yes Darius Ghazi, C.P.M. Contract, Purchasing & Materials Management ADDENDUM #1 Page 4 of 4 Specification No. S-2021-1270BD STATE OF CALIFORNIA Gavin Newsom,Governor DEPARTMENT OF INDUSTRIAL RELATIONS sue[ of T Office of the Director-Research Unit 455 Golden Gate Avenue,9th Floor MAILING ADDRESS: 'm P.O.Box 420603 San Francisco,CA 94102 San Francisco,CA 94142-0603 O[IFORNP January 1, 2021 IMPORTANT NOTICE TO AWARDING BODIES AND INTERESTED PARTIES REGARDING THE PREVAILING WAGE RATES BELOW THE CALIFORNIA MINIMUM WAGE In accordance with Public Utilities Code Section 465(d), the Director of the Department of Industrial Relations is responsible for determining the prevailing wage rates for custodial or janitorial employees in accordance with the standards set forth in Section 1773 of the Labor Code. Under Labor Code Section 1773.9, the prevailing rate is defined as the basic hourly rate being paid to a majority of workers engaged in a particular craft, classification or type of work within the locality and in the nearest labor market. Effective on January 1, 2021, the Director's prevailing wage determinations shall not be below the California minimum wage of$14.00 per hour. Each employer is required to pay at least the California minimum wage, $14.00, for the basic hourly rate in all cases where the published prevailing wage rate is below the California minimum wage. Any and all employer payments required by these determinations must also be paid. If the California minimum wage is increased in the future to an amount above that shown in a prevailing wage determination, the basic hourly rate in that determination automatically increases to the new minimum wage. GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA PUBLIC UTILITIES CODE,SECTIONS 465,466 AND 467 Determination:ORA-2014-1 Reference:22-1877-14 Issue Date of Determination:June 21,2014 Supersedes Det: ORA-2008-1 Expiration Date of Determination:April 30,2016* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director—Research Unit at(415) 703-4774 for new rates after 10 days from the expiration date,if no subsequent determination is issued. Locality: Orange County Current Basic Effective 1/1/2022 Hourly Rate: Basic Hourly Rate: Craft:Janitor/Cleaner $14.00/Hr $15.00/Hr Wage Rates: Classification Basic Hourly Rate Effective 5/1/2015 Janitor $10.85 $11.10 Employer Payments: (Public Utilities Code Section 465) Health&Welfare:$4.37 per hour worked after six(6)months of service. Paid Holidays: Eight(8)holidays per year or$0.33 per hour. (New Year's Day,Presidents'Day, Memorial Day,41h of July,Labor Day,Thanksgiving Day,Day After Thanksgiving,and Christmas Day) Paid Vacation: Five(5) days after 0-24 months of service or$0.21 per hour;Ten(10) days after 25-84 months of service or$0.42 per hour;Fifteen(15) days after 84 months of service or$0.63 per hour Paid Sick Leave:Four(4)days per year or$0.17 per hour after one(1)year of service. Training:$0.03 per hour worked. Others: $0.06 per hour worked(LMCf). Effective 5/1/2015: Effective 5/1/2015 through present Health&Welfare:$4.47 per hour worked after six(6)months of service. Paid Holidays: Eight(8)holidays per year or$0.34 per hour. (New Year's Day,Presidents'Day, day: This is the Memorial Day,41h of July,Labor Day,Thanksgiving Day,Day After Thanksgiving,and Christmas Day) current prevailing Paid Vacation: Five(5)days after 0-24 months of service or$0.21 per hour;Ten(10)days after 25-84 rate benefit months of service or$0.43 per hour;Fifteen(15)days after 84 months of service or$0.64 per hour payments required Paid Sick Leave: Five(5) days per year or$0.21 per hour worked after one (1)year of service. Training:$0.03 per hour worked. to be paid by the Others: $0.06 per hour worked(LMCT). i employer n addition the Bereavement Leave is two(2)days paid leave of absence for worker employed for at least 12 months and covers family members her,father,spouse, children). Basic Hourly Rate Recognized Holidays: New Year's Day,Presidents'Day,Memorial Day,4th of July,Labor Day,Thanksgiving Day,Day After Thanksgiving,and Christmas Day. If a holiday falls on a Saturday,it shall be observed on the preceding Friday. If a holiday falls on a Sunday,it shall be observed on the following Monday. Straight-time Hours: Eight(8)hours per day.Five(5) consecutive days a week. Overtime Rate: One and one-half(1'/2) times the basic straight time hourly rate is paid for all hours worked in excess of eight(8)hours in any day or forty(40)hours in any week. One and one-half(1'/2)times the basic straight time hourly rate plus regular day's pay is paid for work on holidays. Travel and Subsistence: In accordance with Labor Code Sections 1773.1 and 1773.9,contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at(415) 703-4774. EXHIBIT A SCOPE OF WORK/TECHNICAL SPECIFICATIONS Janitorial & Floor Maintenance Service at Plants 1 & 2 SPECIFICATION NO. S-2021-1270BD 1. Summary The Contractor shall provide Janitorial and Floor Maintenance Services at OC San Plant 1 Facilities, 10844 Ellis Avenue, Fountain Valley, California, and Plant 2 Facilities, 22212 Brookhurst Street, Huntington Beach, California. There are approximately 650 employees/Contract employees at OC San. 2. Project/Work Elements The Contractor shall furnish all labor, materials, transportation, equipment and other services necessary to provide complete janitorial maintenance and stripping and waxing of floors in accordance with this Scope of Work. Janitorial maintenance Services shall be provided 7 days per week with night shift coverages within the process areas located at each plant location. For this Contract, OC San requires the Contractor to provide Full-time janitors, Detail Porters, and Two (2) dedicated onsite Full-Time supervisors, one for each of the two (2) Plant locations. The Contractor shall furnish the following supplies at no additional cost to OC San. OC San Does Not Track Janitorial Supplies Usage. Facial Tissue for restrooms • Rolled Paper Towels or Multi Fold paper towels for kitchens o DublNature Multifold Towel Product# 48140 or equal • Toilet paper (2-ply) • Toilet Seat Protectors • Waterless Urinal Cartridge (Falcon or equal — OC San to provide) • Feminine Products (tampons and sanitary pads) • All Waste Receptacle Liners • 7 oz. Water Cups (all Water Cooler locations) o Solo Product# R7N or equal • Sanitizing Wipes (all Water Cooler locations) o Sparoom Product # S03910-S or equal • Tork Matic Hand Towel Roll Dispenser—with Intuition Sensor (Article 5511282) o Batteries for auto paper dispenser • Tork Matic Advanced Matic hand towel roll 700 ft, 1 ply (Article 290089) • Tork Foam Skincare Soap Dispenser (Article 571508) • Tork Skincare Soap Refill (Article 401211) • Stoko Kresto 87044 High Performance Hand Cleaner 2,000 ML Bottle Refills or equal • Tork S4 Foam Skincare Automatic Hand Sanitizer Dispenser (Article 571600) o Batteries for battery operated Tork hand sanitizer dispensers • Tork S4 Alcohol Foam Hand Sanitizer Refill (Article 400217) • Stoko Refresh Foaming Instant Hand Sanitizer 1,000 MIL Auto Dispenser Refills or equal o Batteries for battery operated Stoko hand sanitizer dispensers • Contractor shall provide and install body wash/shampoo dispensers and provide refills for all showers. • Shower curtains (semi-annually) Dispensers shall be stocked at all times and shall be checked throughout the day to ensure adequate quantities are available. Contractor shall also check and replace the batteries for battery operated dispensers at no additional cost to OC San. Furthermore, the Contractor shall ensure that all supplied dispensers are operable and replace within 1 business day if necessary. The Administration lobby, lobby restrooms, board and meeting rooms are areas of high usage during the entire day, and at times in the evening. Special attention is required to service these areas both at the start and at the end of each day, therefore the Contractor shall be required to provide coverage to work in the Administration Building at our Plant 1 facilities from 5:00 a.m. to 4:30 p.m., Monday through Friday. The lobby restrooms are to be cleaned/refreshed by no later than 4:30 p.m. on committee/board meeting evenings (every Wednesday and the 1 st Thursday of each month) and the following mornings (prior to 6:00 a.m.)the committee/board room(s), lobby restrooms and kitchen are to be cleaned. In addition, the conference rooms and the lobby restrooms shall be cleaned, and supplies refilled immediately following public tours. OC San operates twenty-four (24) hours per day, seven (7) days per week, and most areas will be occupied during the janitorial and floor cleaning Services. The janitorial staff shall be flexible and attentive to an area's special needs or special requirements. The janitorial staff shall not service the restrooms, kitchens, and break rooms during OC San lunch hours, and morning or afternoon breaks. OC San employees will make a reasonable effort to minimize use of an area while they are being cleaned and serviced. The Contractor shall be aware of current meeting schedules and other work routines within the facility and conduct its work in such a manner as to cause minimal interference with the execution of OC San business or staff. EXHIBIT A Page 2 of 22 Specification No. S-2021-1270BD Contractor shall not be allowed to work on the following OC San observed Holidays: • New Year's Day • Lincoln's Birthday • President's Day • Memorial Day • Independence Day • Labor Day • Veteran's Day • Thanksgiving Day • Day after Thanksgiving • Day before Christmas • Christmas Day If a Holiday falls on a Saturday, it is observed the previous Friday. If the Holiday falls on a Sunday, it is observed the following Monday. The following locations shall be cleaned and maintained in the following order and frequency. All equipment and materials shall be used per manufacturer's directions for each application. For additional detailed explanation of terms used in the Scope of Work to describe the work required in the following locations, see "Definition of Terms", Exhibit A, Section 5.0. 2.1 Locations See Exhibits A-1, A-2, A-3 and A-4 for a detailed list of locations, square footage, stalls, urinals, showers, sinks, dispensers, refrigerators, microwave ovens, etc. 2.1.1 Restrooms and Restroom Entry Areas All OC San men's restrooms shall be cleaned and maintained by male workers and all OC San women's restrooms shall be cleaned and maintained by female workers. Water used in a mop bucket shall be discarded following each restroom cleaning. 2.1.1.1 Daily: • Check, refill as necessary and clean all soap, toilet paper, paper towel, including feminine napkin dispensers (money from feminine product dispensers shall be collected and used by the Contractor for the cost of supplies). • Check, refill as necessary OC San supplied hand sanitizer • Empty, clean and disinfect (as needed) all trash receptacles and insert new liners EXHIBIT A Page 3 of 22 Specification No. S-2021-1270BD • Disinfect all washbasins (sinks), counters, and fixtures with non- abrasive disinfectant cleanser o Tile, grout and caulking shall be free of mold, mildew and stains • Disinfect all door handles, light switches, handrails, and elevator push buttons • Disinfect and clean inside and outside of urinals and toilets • Disinfect toilet seats, fixtures and outside surfaces of urinals and toilets • Clean all mirrors and mirror's chrome • Clean stainless-steel fixtures • Sweep entire restroom/entry area floors • Damp mop entire restroom floor, including entry areas, with disinfectant 2.1.1.2 Weekly: • Clean and polish all doors (including kick plates), door jambs (clean only), walls, toilet stall partitions (inside and out), mirrors, chrome, and stainless steel fixtures and remove any marks, stains or graffiti (polish subject to approval of OC San Representative) • Pour a large bucket of fresh water down all floor drains 2.1.1.3 Monthly: • Scrub resilient and hard surface floors (non-waxed surfaces) with appropriate cleaner • Dust and remove cobwebs from light fixtures, skylights and openings • Clean HVAC grilles, vents and registers • Install OC San supplied Waterless Urinal Cartridge or as instructed by OC San • Install monthly"Digester"flyer in holders above all urinals and inside all toilet stalls on the first working day of each month (OC San shall provide) 2.1.1.4 Quarterly: • Spray buff resilient and hard surface floors • Wash/scrub and disinfect wall tile and partitions EXHIBIT A Page 4 of 22 Specification No. S-2021-1270BD 2.1.2 Showers, Shower Entry Areas and Locker Rooms 2.1.2.1 Daily: • Check, refill as necessary and clean all soap, paper towel dispensers • Check, refill as necessary OC San supplied sanitizer for dispensers. • Empty, clean and disinfect (as needed) all trash receptacles and insert new liners • Disinfect all door handles, light switches, and applicable handrails • Dust mop/sweep entire floors • Damp mop floors with disinfectant cleaner • Dust and spot clean lockers and benches (Benches shall be left dry) • Spot clean all doors, locker room walls, partitions, mirrors and other surfaces • Clean shower drains of hair, soap and all other materials • Scrub and disinfect with anti-fungal cleanser and de-scaler, all shower surfaces including doors, floors, mats associated with showers, baseboards, walls, shower stalls/partitions and fixtures so that all surfaces are free of mold, soap scum, body oils, mineral deposits, stains and odors • Scrub shower entrances and walk ways with deck scrub brush and disinfectant cleanser 2.1.2.2 Weekly: • Clean shower curtains so that all surfaces shall be free of soap scum, body oils, mold and mineral deposits 2.1.2.3 Monthly: • Machine scrub resilient and hard surface floors with appropriate cleaner (non-waxed surfaces) • Clean and disinfect exterior of all lockers. (Do not allow water to drip into lockers) • Dust and remove cobwebs from light fixtures, skylights and openings • Clean HVAC grilles, vents and registers EXHIBIT A Page 5 of 22 Specification No. S-2021-1270BD 2.1.2.4 Quarterly: • Spray buff resilient and hard surface floors (waxed areas only) 2.1.2.5 Semi Annually: • Replacement of shower curtains 2.1.3 Entryways (exterior and interior), Lobbies, Hallways, Corridors,Traffic Areas and Stairs 2.1.3.1 Daily: • Vacuum or sweep wiper/scraper mats at entrances to buildings (interior and exterior) • Dust mop/sweep hard surface floors then damp mop (Interior only) • Empty and clean trash receptacles and replace liners • Disinfect all door handles, light switches, and applicable handrails • Damp wipe handrails outside building entrances (Non-process areas) • Sweep outside entryways, decks, stairs, and stairway landings • Immediately remove/spot clean spills from hard floor surfaces and carpet in accordance with Carpet and Rug Institute (CRI) directives and certified products 2.1.3.2 Weekly: • Clean doors, door jambs, door glass, frames and kick plates • Sweep and/or vacuum and damp mop interior stairways • Vacuum all carpet 2.1.3.3 Monthly: • Dust and remove cobwebs from light fixtures skylights and openings • Wipe clean: partitions, walls, baseboards, counters, cabinets, trophy cases and all other horizontal (Accessible) surfaces (or as requested) 2.1.3.4 Quarterly: • Remove cigarette butts and ashes from outdoor ashtrays (keep ashtrays & sand urns 20ft from building entrances) o Replenish sand as needed • Spray buff resilient and hard surface floors EXHIBIT A Page 6 of 22 Specification No. S-2021-127OBD 2.1.4 Offices, Cubicles, Meeting and Conference Rooms 2.1.4.1 Daily: • Wipe down conference room tables with appropriate cleaner • Sweep or dust mop and damp mop hard surface floors with appropriate cleaner • Immediately remove debris/spot clean spills from floor surfaces and carpet • Empty and clean trash receptacles (disinfect as needed) and replace liners • Empty small, paper recycle receptacles (as needed) and place in 15- gallon paper recycle bins • Empty paper shredder receptacles and place in designated, outside recycling dumpsters • Disinfect all door handles, and light switches • Arrange chairs in orderly fashion 2.1.4.2 Bi-Weekly: • Empty 15-gallon paper recycle bins throughout Plants 1 & 2 into designated centrally located recycling dumpsters. Quantities and locations to be determined. Bin sizes/quantities are subject to minor size and quantity changes. 2.1.4.3 Weekly: • Vacuum all carpets • Dust and spot clean doors, frames, walls, counters, windowsills, baseboards and partitions • Clean doors, door jambs, door glass, frames and kick plates • Clean workstation and partition glass/Plexiglas 2.1.4.4 Monthly: • Dust all desks, tables, office furniture, chairs, partitions, tops of all cabinets and picture frames with a treated dust cloth. Do not move or disturb any paperwork or property • Clean HVAC grilles, vents and registers EXHIBIT A Page 7 of 22 Specification No. S-2021-1270BD • Dust and remove cobwebs from light fixtures skylights and openings • Vacuum fabric on upholstered furniture 2.1.4.5 Quarterly: • Spray buff resilient and hard surface floors • Clean window blinds and return to previous position (Do Not Disturb decorations on windows) 2.1.5 Lunchrooms, Kitchens, Break Rooms, Vending and Patio Areas Lunch area/ eatinq area cleaning time - Lunch areas/ eating areas are to be cleaned at the end of OC San staff lunch period. Cleaning should NOT occur during OC San staff break times: 0 9:30am to 9:45am 0 2:00pm to 2:15pm 2.1.5.1 Daily: • Check, refill as necessary and clean all soap, paper towel dispensers • Check, refill as necessary OC San supplied sanitizer for dispensers. • Empty and clean trash receptacles (disinfect as needed) and replace liners • Sweep and/or dust mop then damp mop floors with appropriate cleaner • Damp wipe tables and chairs with appropriate cleaner and replace in orderly fashion • Clean and disinfect counter tops, sinks, exteriors of appliances and fixtures • Spot clean doors, glass, door frames, walls, partitions, sills, and baseboards • Disinfect all door handles and light switches • Damp wipe interiors of microwave ovens with appropriate cleaner 2.1.5.2 Weekly: • Vacuum all carpets • Clean outside surfaces of all kitchen appliances, including but not limited to freezers, refrigerators, microwave and conventional ovens EXHIBIT A Page 8 of 22 Specification No. S-2021-127OBD • Clean interiors of microwave and conventional ovens 2.1.5.3 Monthly: • Clean HVAC grilles, vents and registers • Dust and remove cobwebs from light fixtures and skylights and openings • Vacuum fabric on upholstered furniture • Clean window blinds and return to previous position (Do Not Disturb decorations on windows) • Clean interior of refrigerators and freezers (Post notice on front of refrigerator/freezer seven (7) days prior to cleaning) o Cleaning of certain refrigerators may occasionally be postponed 2.1.5.4 Quarterly: • Spray buff resilient and hard surface floors 2.1.6 Elevators 2.1.6.1 Daily: • Sweep then damp mop resilient floors with appropriate cleaner • Immediately remove debris/spot clean spills from floors • Disinfect elevator control panel push buttons • Remove smudges, fingerprints and graffiti from walls, rails and doors 2.1.6.2 Weekly: • Clean thresholds and door tracks of dirt and debris • Polish all chrome and stainless steel • Vacuum carpet • Spot clean carpeted floors 2.1.6.3 Monthly: Dust and remove cobwebs from light fixtures 2.1.6.4 Quarterly: • Spray buff resilient and hard surface floors EXHIBIT A Page 9 of 22 Specification No. S-2021-127OBD 2.1.7 Fuel Station Plant 1 2.1.7.1 Daily: • Pick up litter and sweep when necessary • Empty trash containers and insert new liners 2.1.8 Plant 1 and Plant 2 Cart Barn 2.1.8.1 Weekly: • Contractor is responsible for sweeping the area • Empty trash cans and replace with new liners 2.1.9 Other Services 2.1.9.1 Daily: • Contractor is responsible to supply 7 oz. cups at all water cooler locations and re-fill supply as necessary • Contractor is responsible to supply sanitizing alcohol wipes at all water cooler locations and re-fill supply as necessary • Clean water coolers with damp, disinfectant cloth, including trays (no chemicals shall be used) 2.1.9.2 As Needed: • Provide water extractor response for water spills / leaks • Plunge plugged or backed-up toilets, urinals and sinks when observed or requested (disinfect before returning to service). If unsuccessful, Contractor shall notify the OC San Representative Toilet Plun_per shall never be used on sinks • Wet wipe surfaces to remove ants (no chemicals shall be used) when observed or requested • Deep cleaning of offices/cubicles upon personnel moves (OC San Representative will provide the Contractor with a list of offices that will require deep cleaning). • Contractor shall notify the OC San Representative of any items needing repair, including but not limited to: • Leaks EXHIBIT A Page 10 of 22 Specification No. S-2021-1270BD • Broken fixtures • Roof leaks • Clean up small, biohazard (blood) spills. Contact OC San Representative for disposal. Biohazard (blood) spill cleanup kits and their disposal shall be provided by OC San. 2.1.10 Floor Coverings Floor coverings vary in each building. They may include, but are not limited to; carpet, vinyl, VCT, terrazzo, concrete, and ceramic tile. The Contractor shall be responsible for performing the prescribed and appropriate cleaning and polishing method for each type of floor covering. Special attention shall be given to reduce the generation of dust while sweeping concrete surfaces. The use of a sweeping compound for this surface is encouraged. 2.1.10.1 Carpeted Floors and Floor Mats • Vacuum the entire carpeted area, including under chairs, tables and other easily moved items, and around furniture legs. Return moved items to their original position. Pick up staples and other hard to remove items by hand if necessary. Vacuum hard to reach areas such as behind desks and furniture as needed. The carpet shall be free of visible dirt, litter, and soil. • Inspect carpet for new spots and stains from spills and remove spots and stains immediately. Remove spots and stains with an appropriate industrial grade spot removing solution using the manufacturer's recommended techniques. Report any tears, burns or unraveling to OC San representative. Carpet cleaning and shampooing is not part of this Contract. 2.1.10.2 Resilient and Hard Surface Floors • Put out wet floor warning signs (at all affected entrances) while work is in progress and until floor is dry • All resilient and hard surface floors shall be swept then damp moped daily • Inspect floors for new spots and stains from spills and remove immediately • Chairs, trash containers, and other easily movable items shall be moved, cleaned underneath and placed back in an orderly fashion • Upon completion, the entire surface shall be free of litter, soil, dust, hair, stains, streaks, film, standing water, and splash marks EXHIBIT A Page 11 of 22 Specification No. S-2021-1270BD • Spray buff floors quarterly with floor machine and an all-cotton-buffing pad • Dust and damp mop floor then apply a thin film of spray polish then buff while moist to remove black marks, scuffs, stains, and scratches • Dust mop the floor when spray buffing is completed 2.1.10.3 Annual Floor Maintenance (stripping &waxing of floors) *Shall not be performed during normal work hours* The following work is to be performed on all resilient and hard surface floors (excluding concrete) once every year: • Contractor shall only be paid upon approval by OC San Representative or his/her designee; and after all annual floor maintenance service has been completed to the satisfaction of the OC San Representative. • Contractor shall provide a work schedule one month prior to the start of the annual floor maintenance as well as a 2-week notice as conformation to advise staff of impending work scheduled for their work location. • Contractor shall meet with OC San staff at least three days prior, on- site to arrange specific work times and work areas. • Stripping and waxing of floors shall not be scheduled during normal work hours. Contractor shall sign in at the Control / Operations Center then contact the Operations Supervisor to inform him / her about the work location(s) and the need to unlock or provide access to any secured locations. Contractor shall be responsible to sign out (log out of the facility) upon completion of work just prior to leaving the facility. • Contractor shall place "NO ADMITTANCE" signs at all entrance and exits to work areas. The signage shall show the times that the floors will be reopened for use. • Minimum procedures shall consist of stripping entire floor including corners and edges until all waxes, sealers and cleaning agents are removed. Rinse floor until clean and then dry. Inspect floor to be sure all wax, sealant, dirt, cleaning agents and stains are removed. Baseboards, furniture legs, door bottoms, and corners should be cleaned as well as the floor. Strippers shall be non-ammoniated EXHIBIT A Page 12 of 22 Specification No. S-2021-127OBD • Apply a minimum of three coats of wax and high speed buff the final coat. Floor finish shall be clear in color, with no streaks or lint, and resist dirt and soil. o The Contractor is responsible to move small furniture, tables, chairs, chair mats, carts, and trashcans out of the work location to be stripped, waxed, and returned to their original position upon the completion of the job. o NOTE: Failure to perform the Annual Floor Maintenance in accordance with the above required specifications may result in the termination of the Contract, in whole or in part. 3. Additional Disinfecting Tasks 3.1 Dedicated staff identifiable through blue vest shall have the following daily tasks, including nights and weekends (reference section 5.15 for specific hours): 3.1.1 Disinfection through the use of electrostatic sprayer on all commonly touched surfaces, such as light switches, elevator buttons, stairway rails, refrigerator handles, microwaves, door handles, and common area tables and counter tops. 3.1.2 Surfaces shall be wiped of debris prior to spraying. 4. Resources Available 4.1 Power OC San shall provide the Contractor and their subcontractors, free of charge during the term of this Contract, 120 volts, 60-hertz, maximum 20 ampere electrical service. All other utilities shall be provided by the Contractor at its sole expense. 4.2 Water OC San shall furnish to the Contractor, free of charge, during the course of the Contract, city (potable water). 5. Project Management 5.1 Equipment & Facilities Inspection OC San reserves the right to inspect and evaluate the suitability of all proposed equipment and Proposer's facilities that shall be used to perform Services in accordance with the Scope of Work. 5.2 Qualification and Training of Employees • Contractor shall submit, prior to the commencement of work under this contract, a complete list of all employees assigned to work under this Contract. EXHIBIT A Page 13 of 22 Specification No. S-2021-1270BD • OC San may require the dismissal of employee(s) OC San has determined to be incompetent, careless or otherwise objectionable to the public interest. • When in the opinion of OC San, an employee does not perform satisfactorily; their employment on this Contract shall be denied. • All of the Contractor's employees shall be required to wear a company uniform, identifying the Contractor and the employee's name. No shorts are allowed. • Contractor shall notify OC San's Representative or designee immediately in writing of any change in contract personnel by submitting the name, and effective date of termination of the employee and employment date of the replacement employee. • Contractor shall have an on-site training program (on a monthly basis at a minimum) during the duration of this Contract and it shall include, but not be limited to the following: o General Cleaning o How to perform each task o Hard floor maintenance o Safety Training o Proper handling and dispensing of chemicals o Hazard communication o QA/QC issues o Customer Service issues o Contractor shall provide up to date documentation that its staff has been trained in the above whenever requested by OC San. • The on-site training program is to provide the Contractor's personnel the training required for the thorough understanding and ability to demonstrate proficiency in effectively cleaning the items mentioned in this scope of work. In addition, the personnel shall meet ISSA Cleaning Industry Training Standard (CITS), Cleaning Management Institute (CMI) or another industry recognized standard. 5.3 Workmanship, Materials & Equipment 5.3.1 The Contractor shall consistently furnish a high quality and level of labor, materials and equipment for satisfactory Contract performance. OC San reserves the right to reject any cleaner, supplies or equipment that does not meet its needs or performs at an unacceptable level of cleanliness or quality. OC San shall not bear any additional costs if any or all restroom or cleaning supplies are deemed unacceptable for OC San use, and upgrades are required. EXHIBIT A Page 14 of 22 Specification No. S-2021-1270BD 5.3.2 Prior to the start of the Contract, OC San may request samples of supplies or products in order to evaluate the acceptability for use at OC San facilities. 5.3.3 Vacuum Cleaners shall: • have the Carpet and Rug Institute (CRI) Seal of Approval (SOA) and shall meet the gold or silver performance standard • be certified for commercial use • have a rotating cylindrical brush, not a beater bar 5.3.4 When not specifically identified in the specifications, such materials and equipment shall be of suitable type and grade for that purpose. Each item or article shall be subject to inspection and /or test and approved by the OC San Representative or Representative when so required. All workmanship shall be subject to the inspection and approval of the OC San Representative or designee. 5.3.5 All necessary cleaning equipment including power driven, floor scrubbing, waxing and polishing machines, industrial-type vacuum cleaners, etc., that is needed to perform the work on this Contract, shall be furnished by the Contractor. Such equipment shall be of the size and type customarily used in work similar to this Contract and shall meet the approval of the OC San Representative or designee. Equipment deemed by the OC San Representative or designee to be of improper type or inadequate for the purpose intended shall be replaced at no additional cost to OC San. 5.3.6 Contractor shall be responsible for maintenance and repair of its supplies and equipment such as vacuum cleaners, mops, brooms, notification signage, bicycles, carts, etc. 5.4 Changes OC San may at any time, by giving fifteen (15) days written notice, delete or add to the Scope of Work as set forth in these specifications. A change in the Contract amount may be amended or waived through the purchase order process. 5.5 Supervisory Staff 5.5.1 The Contractor shall provide two (2) dedicated onsite Full-Time Supervisors (Monday — Friday) for on-site supervision of its employees (Janitors and Detail Porters) performing the Contract work. One (1) Supervisor at the Fountain Valley location and One (1) Supervisor at the Huntington Beach location. 5.5.2 The Contractor shall provide the work schedule of the janitorial staff to the OC San Representative or designee. EXHIBIT A Page 15 of 22 Specification No. S-2021-1270BD 5.5.3 The Supervisors shall be available at all times during the day while the Contract work is in progress to respond to instructions from the OC San Representative or designee regarding janitorial issues that need immediate attention. 5.5.4 The Contractor Supervisors shall be equipped with a cell phone and the number provided to OC San Representatives. • Supervisors shall respond immediately after being contacted by voice or text message. 5.5.5 The Contractor's Supervisors shall be fully experienced and adequately trained in both cleaning and supervision and shall meet the approval of the OC San Representative or designee. 5.5.6 Contractor's Supervisors shall be required to perform daily Inspections (QA/QC)of all buildings serviced under this Contract. 5.5.7 The Supervisors shall be able to communicate in English, both orally and in writing. 5.5.8 In the absence of the Supervisor(s), Contractor shall notify OC San in advance or as soon as possible of Supervisor's absence and provide OC San with name and cell phone number of substitutes. • Substitute shall be able to communicate in English, both orally and in writing 5.5.9 Contractor's employees shall not be accompanied in their work area by acquaintances, family members or any other person unless said person is an authorized employee of the Contractor. 5.6 Non-Supervisory Staff 5.6.1 The Contractor shall provide Ten (10) Full-Time Janitors and Three (3) Full-Time Detail Porters to perform the contract work at the Fountain Valley and Huntington Beach locations. • The Ten (10) Full-Time Janitors shall perform mainly the daily work tasks and other work tasks as directed by his/her Supervisor. • The Three (3) Full-Time Detail Porters shall perform mainly the weekly, bi- weekly, monthly, quarterly work tasks and other work tasks as directed by his/her Supervisor. The Detail Porters shall ensure that the detailed work as listed (in the Scope of Work) but not limited to the weekly, bi-weekly, monthly, quarterly work tasks are satisfactorily completed in a high quality and professional standard. 5.7 Inspection of Premises 5.7.1 The Contractor Supervisors shall be required to sign all "Verification of Services Performed Log" (supplied by OC San)on a daily basis by the end of each workday. This log is to be used daily to document all work completed. The logs shall be EXHIBIT A Page 16 of 22 Specification No. S-2021-127OBD submitted to OC San Representative(s) at the end of each week. SEE Exhibit A- 5 for a sample of the "Verification of Services Performance Log". 5.7.2 The Contractor Supervisors shall be responsible on a daily basis to inspect and rate the level of services performed by his/her staff on the "Verification of Services Performed Log". 5.7.3 The Contractor Supervisors shall be required to perform on-site physical Inspection (QA/QC)for the satisfactory completion of the Janitorial services(based on the timeline) as prescribed in the Scope of Work to be completed on a daily, weekly, bi-weekly, monthly, quarterly basis. On-site inspections are to ensure scope of work compliance. The Contractor Supervisors shall inspect based on the timeline as prescribed in the Scope of Work. Work discovered as unsatisfactory during the inspections shall be discussed/relayed to the Contractor Janitor(s)/ Detail Porter(s) and request the service to be corrected and not to re-occur. Repeated under performance/poor quality service by the Janitor(s) or Detail Porter(s) shall be cause for the removal and replacement of the Janitor/ Detail Porter. When in the opinion of OC San, a Supervisor does not perform satisfactorily in their inspection and corrective process; their employment on this contract shall be denied and the Supervisor shall be replaced immediately. 5.7.4 The Contractor shall submit a monthly invoice per Exhibit B. The Contractor's monthly invoice shall not be submitted prior to the last week of each month and shall not be approved for payment until the OC San Representative or designee rate the overall performance of the Contractor as "satisfactory". 5.7.5 The Contractor's on-site Supervisor(s) shall also accompany the OC San Representative on scheduled and non-scheduled inspection tours of the buildings and sites when requested by OC San. 5.8 Safety, Equipment Protection & Damage 5.8.1 The Contractor shall be responsible for the protection of all existing equipment and facilities and shall, at its own expense, repair or restore any damage caused by the actions or negligence of its employees, within a 24-hour period. If the Contractor fails or refuses to make such repairs or restorations, OC San may have the work performed and deduct the repair cost from the monthly invoice. 5.8.2 All Contractor employees shall receive blood-borne pathogen training annually and the Contractor shall have training records available upon request. 5.8.3 OC San's Risk Management Division must approve all chemicals used. All chemicals shall have proper identifying labels affixed to them as well as secondary containers (i.e., spray bottles). Any chemical used in performing the contract work shall have the appropriate Material Safety Data Sheet (MSDS) in a labeled safety binder in each area /closet in which they are stored. 5.8.4 Contractor's staff shall comply with any and all safety requirements and don all personal protective equipment as called out by the instructions on the chemical labels. EXHIBIT A Page 17 of 22 Specification No. S-2021-1270BD 5.8.5 Copies of all MSDS sheets for each building shall be supplied to OC San at the start of the contract as well as during the duration of the contract prior to the introduction of any additional materials. • Failure to comply shall result in the immediate removal of said product(s) / Chemical(s) by the Contractor. • Liquid soap shall be non-alcohol based. 5.9 Storage Space OC San will assign a limited amount of secured storage space if available in buildings for the storage of the Contractor's supplies and equipment. Contractor shall keep this space in a neat and orderly condition. Contractor shall keep electrical panels, fire extinguishers, interior access doors and water heater areas clear of materials and supplies. OC San shall not be responsible for damage or loss to the Contractor's stored supplies, equipment or personal belongings. Materials in large volumes (5 gallons or more) shall not be stored on OC San property. No flammable materials shall be brought on-site. 5.10 Conduct of Work 5.10.1 The Contractor shall prohibit its employees from disturbing papers on desks, opening desk drawers and cabinets, using telephones, radio equipment, and any other equipment provided for official OC San use. 5.10.2 No OC San equipment shall be unplugged without OC San's prior approval. 5.11 Security 5.11.1 Electronic identification badges shall be issued to all janitorial staff by OC San. 5.11.2 All exiting doors are to remain closed and locked. Do not prop open exiting doors for any reason. Do not assist entry to anyone. Close and lock all exterior windows. When Janitorial staff gains entrance to a locked room / office, they shall lock the room /office upon exiting. 5.12 Energy Conservation Contractor shall instruct all employees performing janitorial work within the facility to utilize energy conserving work methods, which shall maximize energy conservation. If they turn on the lights to clean, they shall turn off the lights when finished. Janitorial Staff shall turn off lights upon exiting an unoccupied room. 5.13 Cleaning Quality Requirements/Expectations 5.13.1 Services performed under this contract shall be subject to inspection and approval of the Contractor Supervisors and the final approval of OC San's Representative or designee. Consistent, first quality cleaning shall be required. 5.13.2 Unsatisfactory work shall be called to the attention of the Contractor Supervisors at the discretion of OC San's Representative(s) and the Contractor shall be EXHIBIT A Page 18 of 22 Specification No. S-2021-1270BD required to correct the work deficiencies within one (1) hour to the satisfaction of OC San's Representative or designee. 5.13.3 Contractor shall respond to the work site within one (1) hour should unsatisfactory work causes an emergency condition as determined by OC San. Failure by the Contractor to comply with such requests will force OC San to use any means necessary to correct the problem. Associated costs shall be deducted from the monthly invoice. Repeated failures to respond may be cause for the termination of the contract. 5.13.4 Notification of unsatisfactory work shall be deemed given as soon as OC San leaves a Voicemail, text or E-mail message, notifying the Contractor Supervisor(s) or Management of deficient performance. Contractor shall provide telephone, Email address, and cell phone numbers for this purpose, and shall provide a 24- hour telephone number for emergencies and shall respond within 30 minutes with a return phone call. 5.14 Cleaning Schedule(s) Contractor shall furnish OC San's Representative or designee with a routine work schedule(s) of all cleaning tasks that are not performed on a daily basis. The Contractor shall provide this schedule(s) to OC San not later than 30 days after contract is awarded. 5.15 Work Hours and Locations of Services The majority of the janitorial work shall be performed between the hours of 6:00 A.M. and 4:30 P.M, Monday through Friday. OC San will also require the Contractor to perform Janitorial services for the Operational areas (as indicated in Exhibit A-5) on Saturday and Sunday between the hours of 6:00 A.M. and 4:30 P.M. In addition to the daily day-time Janitorial services, the Contractor shall also perform evening/Night shift services between the hours of 4:30 P.M. through 9:30 P.M. Monday through Sunday for the specified Operational areas (as indicated in Exhibit A-5). A list of building locations and servicing hours are noted in Exhibit A-5. 5.16 Exceptions: 5.16.1 Administration Building-Plant 1 • Contractor shall be required to provide coverage to work from 5:00 a.m. to 4:30 p.m. Routine weekday services shall be provided Monday through Friday. • Lobby restrooms are to be cleaned/refreshed by no later than 4:30 p.m. on Committee/ Board meeting evenings (every Wednesday and the 1st Thursday of each month). On the mornings following meeting nights, prior to 6:00 a.m., the Committee/Board room(s), lobby restrooms and kitchen are to be cleaned. • Contractor shall have the staff flexibility to also provide requested services for cleanup and housekeeping during special events (typically a few hours per event)that may occur five (5)to ten (10)times per year at no additional cost to OC San (Mondays through Saturdays). EXHIBIT A Page 19 of 22 Specification No. S-2021-1270BD 5.16.2 Annual Floor Maintenance (stripping and waxing of floors) Shall not be scheduled during normal work hours 5.16.3 Recyclable Materials The Contractor shall be required to deposit all recyclable paper, cans, and all other recyclables in the appropriate containers for that facility. 5.16.4 Minimum Staffing, Breaks and Extraordinary Services • The Contractor shall provide no less than the minimum number of staff to meet the requirements of this Scope of Work and to the satisfaction of the OC San Representative. For this Contract, OC San requires the Contractor to provide a total of Ten (10) Full-time janitors, Three (3) Detail Porters and Two (2) Full-Time supervisors; one for each of the two (2) Plant locations. • Contractor may be required to re-clean areas that were already cleaned due to accidents, spills, etc. This occurs infrequently. Cost shall be included in this contract. • Contractor may be required to re-disinfect areas that were already disinfected. This may occur occasionally. Cost shall be included in this contract. • Contractor's staff shall take regular, pre-determined breaks (break times shall be agreed upon by Contractor and OC San Representative). • Contractor's staff shall not take breaks in janitor closets/rooms o OC San shall notify Contractor of areas that its staff can use for breaks. Such areas are subject to change. • Contractor's staff shall perform duties during entire shift with the exception of regularly scheduled breaks • Contractor's staff shall not use personal communication devices during work time. • OC San shall compensate four(4) hours of pay in the event one of Contractor's employee's reports for work as scheduled but is denied work without any prior notification. • Should a Contractor employee fail to report to work or go on vacation, the Contractor shall provide a substitute person to cover that person's cleaning responsibilities by the start of the second workday. • OC San shall be the sole fudge of any performance discrepancies. EXHIBIT A Page 20 of 22 Specification No. S-2021-1270BD 6. Definition of Terms The following definitions apply unless otherwise noted: OC San: Shall mean the Orange County Sanitation District OC San Representative/Project Manager: Shall mean the OC San employee who is the main point of contact for all issues related to this Contract. Daily: Shall mean once per day, Monday through Friday, excluding Holidays Weekly: Shall mean once per week Monthly: Shall mean once per calendar month Quarterly: Shall mean once per every three months Annual: Shall mean once per year (contract year) As Needed: Shall be determined by OC San Representative Ceramic Tile Sealer: Apply protective sealer finish that adds luster but does not build up Clean: Remove all dirt, mold, mildew, grime, stains and marks with approved cleaner and applicator Damp Mop: Remove all surface dirt and stains with a mop and warm water containing detergent or floor cleaner as required; and rinse Damp Wipe: Remove all surface dirt with a damp cloth Deep Cleaning: extensive and thorough cleaning including but not limited to scrubbing, vacuuming, wiping, dusting, and disinfecting surface areas. Disinfect: Clean with a disinfecting agent Dust: Remove all loose dirt and debris. Treated cloths shall be used. Dust Mop: Use an all-cotton push mop sprayed with a chemical dust attractant to remove all dirt and debris Hi-Speed Buffing: Hi-speed buffing machine shall be used to apply protective sheen on wax floors where specified. Scrub: Remove all dirt, stains and marks with an approved cleaner using a floor machine equipped with scrubbing pads Signage: "Caution, Warning, No Admittance, Wet Floor, Closed, Slippery" etc. signs Spray-Buff: Use floor machine equipped with an all-cotton bonnet-polishing pad. Apply solution and buff until dry. EXHIBIT A Page 21 of 22 Specification No. S-2021-1270BD Strip: Remove accumulations of old floor finish, all surface dirt, stains and marks. Rinse and d ry. Sweep: Remove all dirt, debris, and litter with a broom Vacuum: Remove all surface and embedded dirt with a high efficiency filter suction cleaner with cylindrical brush. Wax: Apply appropriate number of coats of approved floor finish EXHIBIT A Page 22 of 22 Specification No. S-2021-127OBD Appendix A-1 AREAS REQUIRING JANITORIAL SERVICES AT PLANTS 1 & 2 For Janitorial & Floor Maintenance Service at Plants 1 & 2 APPENDIX A-1 Specification No. S-2021-1270BD Appendix A-1 AREAS REQUIRING JANITORIAL SERVICES AT PLANTS 1 & 2 A. PLANT 1 1. MAIN GUARD SHACK -restroom and office 2. WASTE HAULER DUMP STATION- restroom and office (DO NOT CLEAN SINKS AND COUNTERS IN LAB) 3. M&D BUILDING - restroom and control room 4. ADMINISTRATION BUILDING -restrooms, offices, cubicles, kitchens, conference rooms 5. ENVIRONMENTAL LAB — offices, cubicles, kitchen, restrooms, conference rooms, West Mechanical Room (DO NOT CLEAN SINKS AND COUNTERS IN LABS) 6. HUMAN RESOURCES BUILDING — offices, cubicles, kitchen, restrooms, conference room 7. FLEET SERVICES — offices, lunchroom, kitchen, restroom, locker room 8. PURCHASING/WAREHOUSE BLDGS — offices, cubicles, restrooms, conference rooms, kitchenette 9. BUILDINGS 5 & 6 — offices, cubicles, restrooms, locker rooms, kitchen, shop lunch areas, kitchen, break room 10. BUILDING A— offices, cubicles, break rooms, restroom/locker rooms, shop areas 11. BUILDING B— office, computer room, break room, kitchen, locker room 12. CONTROL CENTER & CART BARN — offices, cubicles, conference rooms, kitchens, restrooms/locker rooms, sweep floor and trashcan liner replacement for cart barn 13. CENTRAL GENERATION BLDG — offices, cubicles, break rooms, restrooms (not the engine area) 14. BLOWER BUILDING 1 — control room, restroom 15. THICKENING & DEWATERING FACILITY - control room, lobby, locker room, restrooms, shower, break room, laboratory 16. SOLIDS STORAGE AND TRUCKLOADING FACILITY— control room, restroom 17. DAF THICKENERS - restrooms, control room, lab room, offices 18. ENGINERING TRAILERS (A, B, E & F) — offices, cubicles, conference rooms, kitchen, restrooms APPENDIX A-1 Page 1 of 3 Specification No. S-2021-127OBD 19. POWER BUILDING 3A FLOOR—ANNUAL FLOOR WAXING (ONE TIME PER YEAR) NO OTHER MTCE. REQUIRED 20. DIGESTER CONTROL ROOM —ANNUAL FLOOR WAXING (ONE TIME PER YEAR) and trashcan liner replacement 21. P1-37 RESTROOM — Rooftop of Primary Clarifier restroom 22. PLANT WATER STATION —ANNUAL FLOOR WAXING (ONE TIME PER YEAR) NO OTHER MTCE. REQUIRED 23. POWER BUILDING 6 —ANNUAL FLOOR WAXING (ONE TIME PER YEAR) NO OTHER MTCE. REQUIRED 24. RAS PUMP STATION LAB —floor and trash can 25. BLOWER BUILDING 2 — entry, hall, control room, restroom, sampling room 26. GARFIELD PORTABLE GUARD SHACK— office 27. POWER BUILDING 4—ANNUAL FLOOR WAXING (ONE TIME PER YEAR)-NO OTHER MTCE. REQUIRED B. PLANT 2 1. MAINTENANCE BUILDING - offices, cubicles, conference rooms, kitchen, restrooms/locker rooms, shop areas 2. OPERATIONS CENTER & CART BARN - offices, cubicles, conference rooms, kitchen, restrooms/locker rooms, gym, sweep floor and trashcan liner replacement for cart barn 3. WAREHOUSE — offices, cubicles, restrooms, kitchenette 4. CENTRAL GENERATION/OOBS — offices, cubicles, break rooms, restrooms/locker rooms, kitchen, (not the engine area) 5. ENGINEERING/CONSTRUCTION MANAGEMENT TRAILERS - offices, cubicles, conference rooms, kitchens, restrooms 6. SAFETY TRAILERS - offices, cubicles, conference rooms, kitchens, restrooms 7. P2 MAIN ENTRANCE GUARD SHACK— restroom and office 8. SOLIDS STORAGE &TRUCKLOADING FACILITY— control room, restroom, office 9. WEST RAS — office 10. EAST RAS — office and restroom 11. PDF BUILDING —two restrooms 12. OXYGEN BUILDING — hallway, control room & restroom APPENDIX A-1 Page 2 of 3 Specification No. S-2021-127OBD 13. CENTRIFUGE BUILDING - control room, restrooms, break area 14. FINAL SAMPLER BUILDING - floors and trash can 15. DISTRIBUTION CENTER H — restroom and control room 16. DISTRIBUTION CENTER J — restroom and Lab 17. BUSHARD PORTABLE GUARD SHACK— office 18. BANNING PORTABLE GUARD SHACK—office 19. DAFT BUILDING — restroom, single stall APPENDIX A-1 Page 3 of 3 Specification No. S-2021-1270BD Appendix A-2 JANITORIAL SERVICE AREA MAPS For Janitorial & Floor Maintenance Service at Plants 1 & 2 APPENDIX A-2 Specification No. S-2021-1270BD 405 FWY ELLIS AVENUE E Guard Main L �\Shack—� urchasi rl.lr. dministr o — Main Entrance Wareho B M&p _ Ilr�� G�Gate Flee CIIBIdIg ervice LJ Wastehauler IB ld Du'mplstation A I 0 He dwo Gate u uu I����������� L� Laboratory `P PR !''PY adwor dg I I�/ ldg6 Q e Scrub s 5 S'�- '� Q Gate 6 (� NORTH-PERIMET_ER-ROAD= Prima Z Clarifier Power Control- 3 Bldg 3A iges Primary Clarifiers n Center rima mr r� 16 6-15 = Clarifier R' Q 4 lY Power lar f e� igest r U1I i�� 0 P1-37 Z {{Bldg 4 1- Jr 15� Restroom Irrrl� fu� rlma Central 12 W (rooftop) 0� Clarifiers Generation LU Q 5 Bldg Digester14 W n V W W p iges r 11 Control'Rm LU lY Primary Clarifiers 0 13 Q 0 � W 16-30 Trickling Filters TF Filters sg D g 5st r° iges r 2 1 $ igeste N o iges r 10 =� ly 7 yQ J econdar Sec Mier g9 Clarifier Clarifier 9 2 1 L MIDWAY LAN Blower N r m Building 1 I Truck !A Bwer Loading ' Facility *Builloding'2 � Aeration ITT] Basins Aeration Thickening& • ,_��� 11-16 Basins 1-10 Dewatenng 0 250 500 Feet ■ RAS Pump Facility � Station-La b tationLab condar Contracts/ Clarifier DAF Engineering 27 l Thic kener Trailers 0 / Locations Risk ° econdar F E Mgmt Clarifier `Power 1. Main Guard Shack 29 SecoClarifndary � econdar cond Plant Water Bld'g,s 2.Wastehauler Dump Station 1-26 3. M&D Building ea � ° Clarifiers Cl 3fier Station 4.Administration Building Engineering ' 32 5. Environmental Laboratory &Constructions 6. Human Resources Building Trailers condar econda �I Clarifier Clarifier 7. Fleet Services Garfield 34 33 a 8. Purchasing &.Warehouse Buildings A B U S acid 9. Buildings 5&6 SCE IME D 10. Building A Substation 0 11. Building B ARF_IELD AVE _ _ 12. Control Center CoGatetor ° 13. Central Generation Building Engineering Garfield Fuentes Gate Gate Gate 14. Blower Building 1 15.Thickening& Dewatering Facility 16. Solids Storage&Truck Loading Facility 17. DAF Thickeners 18. Engineering Trailers A,B,E,F . Power Building 3A � � SAN 20. Digester Control Room 21. P1-37 Restroom ORANGE COUNTY SANITATION DISTRICT (Rooftop of Primary Clarifiers) Janitorial Service Locations 23. Power uedng6on 24. RAS Pump Station Lab Reclamation Plant No. 1 25. Blower Building 2 26. Garfield Portable Guard Shack 10844 Ellis Avenue, Fountain Valley, CA 92708 27. Power Building 4 Revision 8/5/21 H:\dept\asd\250\Common\EIM\GIS\Projects\Maintenance\P1 JanitorialServices.mxd Sze,E Substation C Banning Station CIO /,Gate �P Banning p GT A%, Shack �� ��Q rickling E �N �� Clarrf ars 0 C 5 DF Distribution CTnicklg �a �OQ�// Center�J �Q E Q:,, W Qh Engijg rmO / p Q� �G Clarlflers Coristructionuumm Safety iv / A B O u �Mg, A : mt Trailers Traile��� a; 0 D U Trickling W Main Filrs W Entrance € �4HIHHINHHID � c ) OperationsI� �� a Mqiin CeritlIer� N O Guard W Shack r �S ae ��� Headw,o'rks ac Scrubbers �c�o�`a��QOP � Head works 0 250 500 Feet ` I Distribution Center H O Central n Ocean/Outfall v \ Primary Clarifiers _Generat Bldgio Booster W Bushard aD tatioGate Bushard CentrifugeM Guard' Bldg Q Shack 2 (yD Warehouse Truck L 2 Loading y Facility B �PDF s Digester E Digesters 0 Bldg Bleach L J I D Station D Locations 0 Ko Primar�FG 1. Maintenance Building 0 o N °O F 2. Operations Center 3.Warehouse P �J Q l �� G 4. Central Generation Building/OOBS So�C--, 5. Engineering/Construction Mgmt Trailers D A B C 6. Safety Trailer F DAF/T west Oxygen 7. Main Guard Shack r A,B,C RAS FT BIQg/ 9<e Gallery Aeration ,� 8. Solids Storage&Truck Loading Facility FPj Basin's Oq 9.West RAS �iyR 10. East Ras s'y Seconda, East 11. PDF Building Clarifiers �S 12. Oxygen Building 13. Centrifuge Building 14. Final Sampler Building jL, Cp 15. Distribution Center H '919 16. Distribution Center J Final *9/0 SampIer 17. Bushard (Portable)Guard Shack y�, [/TraT e' 18. Banning (Portable)Guard Shack 19. DAFT A,B,C Gallery Revision 8/5/21 Or6SAN Janitorial Service Locations ORANGE COUNTY SANITATION DISTRICT Treatment Plant No. 2 22212 Brookhurst Street, Huntington Beach, CA 92646 H:\dept\asd\250\Common\EIM\GIS\Projects\Maintenance\P2 JanitorialServices.mA Appendix A-3 JANITORIAL SERVICE FLOOR PLANS For Janitorial & Floor Maintenance Service at Plants 1 & 2 APPENDIX A-3 Specification No. S-2021-1270BD ADMINISTRATION BUILDING - NORTH FIRST FLOOR PINKY ISABEL DIONNE WARREN LOOP TAG NUMBER 19BROOM BURKE ARANGO KARDOS STERNIN 004Q-Cl 004Q-C2 004Q-C3 004R N 004Q 14Lf� WOMEN 005U VACANT WENDY 145 TAIRWAY OOSS 168 o 2c SMITH ❑� O o AGE KEVIN ADAM DANIEL EROS 167 E❑ HADDEN NAZAROFF LEE YONG EL OM 006E 006E 0 01 0 L 175 176 SHARON MICHELLE �o �] � 1 p 005G 005H 0051 005J YIN HETHERINGTON DIGITAL DRAWINGS 16 TOUCH SCREEN 155 156 157 158 JAN SINK 006G 006H BRIAN �g 005F isan 177 178 WAITE ❑ o°�O�W LrTHOMAS 005N 179 00 ONTRACTO VU 005E 162 179 p o 00 ® �� ooaF-cs 004E-C10 HP DesignJet 154 OO ANNALISA Z5200(PR000793) ���� oe SAQUI 005F _ 004P MARCOS ALLAN m[� 144 MENDEZ SLAIN LARRY 004F-C8 004F-C11 VACANT SANJAY ���° YOLANDA JAVIA JONES HERRERA 005R-C3 005R-C2 SERVER O ELCOM ROO ROB ❑ Q 143 DAMSOUSTIN LUNCH r"�VAUL VAULT V LT U 143 ADAMSON AREA 005R-C13 006B OOsO GAIL THOMPSON DF7 004E-C7 004E-C12 004S 005A 005C 17 VACANT 147 149 151 • 74 006A CAIN 180 p ANDREW 171 006K 180 p 0 42 VACANT VACANT BROWN VACANT 005W 181 8 E o 0 Cl KITCHEN 005R-C4 169 MI142 004F-C6 004F-C13 KITCHEN 165 1 In HIND 164 KEY MAP N 004M OMEO(JAY JOANNE CONFERENCE ROOM NTS 141 TAGUMASI DIAZ VACANT SCOTT 006C 004F-05 004F-C14 CONFERENCE ROOM D STO GE VAULT GINA VACANT AHN 173 00448T 150 15 D oosM 00 ABIL OOSR-C15 005R-C16 005R-C17 n n DIVISION VACANT 004 140 VACANT VACANT 120 Water 004E-C4 004F-C15 210 Dispenser ANN VACANT VACANT VACANT QUYNH NATALIA BRIAN CHARLES ADNAN STEPHANIE VACANT VACANT NGUYEN BASSETT TERRELL FALZONE RAHMAN ARCHIE USB Scanning CRAF K WOMEN 005E-C12 005E-C11 005E-C10 005E-C9 005E-C8 005E-C7 005E-C6 005E-05 PER 005E-Cl 004K 004F-C3 004F-C16 U I 004D OosE-c1 220 Station 139 E 133 250 Fire VACANT 1 0053E 710 0 Extinguisher TATIANA CHONG 004E-C2 035E 004J MEN r First Aid Kit 138 004C 740 CLOSET 132 004F 004F 135 135 V RM MECH LUNCH ao A ANITO ROOM KATHLEEN 131 131A 004B MILLEA STEPHANIE 131A 003Q 0041 ARCHIE 137 004H STORAGE 136 004H s R 136 o G ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION 003P MANAGEMENT. EGIS@OCSD.COM 129 rr 19BSTRC001 ORANGE COUNTY N SANITATION DISTRICT REVISED: 7/2/2 020--REV. add#2 ADMINISTRATION BUILDING - SOUTH FIRST FLOOR LOOP TAG NUMBER 19BROOM sTORA E JANITOR � 003M 127A M Il- ❑ C010 o REGGIE KITCHEN A NUNLEY 003R / � S N COPY ROOM 130 3N 003E C�o� DRAG UU 8 127 ooas JACQUELINE p ge CASTRO 9 oo ® OO VACANT RECEPTION m m_ O0 002A-Cl MAIoo 00M s 0 C3E LOBBY 002 A �❑p°� 003D-C3 126 � [IF :RACD � O �' 6 GREGG LI ���JJJKELLY DETERDING WOM ENvncANT 002Q 002R LORE GERRY COPYAREA 003D-C9 117 VAU T 0031 MATTHEWS 003D-C2 003D-Cl 118 KEY MAP 003 124 003D-C4 CUBICLE AND HALL BOARD GM CONF N 1 5 TINA ALFREDO 003D ROOM ROOM NTS KNAPP GARCIA KELLY BELEN CHERYL 003A 002B G 2E AGE )20 05 003D-C NEWELL CAR SCOTT qGMR112 IF002M003H oWTOR DIVISION 123 003D-C6 003D-C7 003D-C8 o12c m JIM S TME 110, 120, 140 VACANT REBECCA DAISY JENNIFER HERBERG /W2C AED LONG COVARRU CARRIE AIsTM E BIAS CABRAL ROBLES 003B CONFERENCE ROOM A o02� 002K NTRY Fire 003G 003F 003E 003T 0036-C1 108A 0ioa © Extinguisher 122 121 120 120A g BREAKOUT SPACE 002H O First Aid Kit 107A T r Pull Station CONFERENCE ROOM B CONFERENCE ROOM C Water 0021 002F 108B 106 Dispenser UTILIT 002J ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM 19BSTRC001 ORANGE COUNTY N SANITATION DISTRICT REVISED: 6/22/2020 ADMINISTRATION BUILDING SECOND FLOOR LOOP TAG NUMBER 19BROOM El 1319 �� o m� d aA � o =&Z� cm� ST GE o 0 V � p � o���� emu ® Q� boo RHEA BRYCE LINA FINANCE i DE GUZMAN HOCKENSMIT LI AO � O 8 ERIKA JOSEPH RANDALL SAMIR MEN SHALEE DEL CAMPO IT SETUP WOMEN KITCHEN STAIRWAY 007Q 007R �7 008-C1 VALLONE MARTIN PATEL 008W 01 014E 014H 01 B MILLIGAN 216 217 218 0 n° 6 l7 008-C2 008-C3 008-C4 208 2 210 A4G 211 007STO ILSTO COPY/070 STO G LOCKED FILES 21$ o ?�-JC STAIRWAY ELEVATO 214 007P 012C 004A z15 007A 131 201 KEY MAP 008A LAN BETWEE N ROBERT008N 00 NTS �.lp^PA] NOAH LIEN LOMICHAELS PRAGATHI MARK ELEV BOU LE NGO 008V CHANDUPAA MANZO 007K A3 007A-05 210B JOSHUA BRIAN 0 08-c8 008-C6 MAN DUC VACANT VACANT LISA DIVISION ARTINEzENGELN COPY PURVI NINA ENSHAW 008T-C3 NGUYEN L011 AM 008G 008E AREA 008T-C4 PATEL TRAN 007A-C2 008T 008K 241 239 008A 008-C9 008-C10 CLAUDIA LORRAINE DIANNE ENISHA VACANT LRENDA ROSA PONGSAKDI 203 APRIL THERESA 45A MEIXUEIRO BALTIERRA YABUT MATTHEWS EPEDA AGUILAR 210 007A-C1 007A-C8 07A-C7 007A-C6 CADY MOYO SCOTT WEINBERG EVANS 007J 007A-C10 007A-C9 008S BIODUNTULLOC 008-C7 008-C8 209 220 008T-C2 008T-Cl 252B o08M 250 Fire BRAD CHAD TYLER L. MAT HEW WgSANTHA JAGADISH JKUMA LORENZO ANGELA CRISTINA KIM ANGELA WALLACE ERIC LOC SANG VACANT DENNIS TYNER STANFORD CARDENAS ALVAREZ RITCHIE HAMILTON CROW RAMIRE GARCHO WEEDAGAMA RUGANT BELLAN TRANG PAIK BRANDY Extinguisher HSIEH YU 0071 007H 007E 007E 007D 007B 008U 008R 008R 008Q 008P 080 008L 008J 008H 008F 008D 210A 252L 252A 245E 251 0250 248 246 244 242 240 0238 208 207 205 204 203 202 0 First Aid Kit Water Dispenser USB Scanning 19BSTRC001 D Station ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM w ORANGE COUNTY REVISED: 7/2/2020 man Z SANITATION DISTRICT BUILDING 5 - FIRST FLOOR LOOP TAG NUMBER 19RROOM El &10 el�� Cal El 0- 0F Ell 07o c NICHOLAS ® Q0 o� OSWALD 004E ❑p �El o E100 08 8 F° 0o a ° 8E o 0 KEY MAP N NTS CART BARN STORAGE 004F 004F STEVE CONFERENCE DIVISION THORNBURG ROOM 004D 004A G 870 Water Dispenser PHILLIP Fire CLOSET CORDOVA © Extinguisher 004C TODD 004A-C2 JACOBSON Q First Aid Kit 004A-Cl TAIRWAV 05A a r,T) Pull Station ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM a N ORANGE COUNTY REVISED: 6/23/2020 SANITATION DISTRICT BUILDING 5 - SECOND FLOOR LOOP TAG NUMBER 19RROOM 0 ro �A o JESUS JOSE ERIC MICHAEL SHAWN El Cal rnrn d dO 00c BAEZ SALCIDO RIVAS CHILDERS GRANT L L 005E-C1 005E-C14 005E-C13 005E-C12 005E-C11 °U � E o0. a REGGIE ❑p�� � ��/ BROWN �-v 08 005E-C2 co �Af 00 8 0 �eO o 0 GEORGE C 00 E-C3 KEY MAP N NTS r DIVISION r KEVIN PEEK DOUG CHRISTOPHER 005E-C10 870 RECH WALKER 005E-C4 005E-05 © Fire LQ MINH Extinguisher NGUYEN R 005E-C9 p Pull Station 2 U VACANT o HOPIKINS �LU 05 Q U o 005E-C7 005E-C8 19RSTRC002 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPRISE INFORMATION MANAGEMENT. EGIS@OCSD.COM (1CiSSAN N ORANGE COUNTY SANITATION DISTRICT REVISED: 7/13/2021 BUILDING 6 - FIRST FLOOR LOOP TAG NUMBER 19RROOM o q STAIRWAY VA o STAIRWAY 009A H 009C T]� o� � 008 ❑ �o Ell ��� CEO ° XR SCADA p o CALIB ON ROOM , ® OO RO 0081 Oa 0 8L E m�� ❑p U L3 Ln Do STAIRWAY 0 ELECTRI 009D 0 PANEL R O 00 ARTHUR ONGKINGCO CART BARN KEY MAP N 008B 008E MAINTENANCE NTS TRAINING SHOP ROOM 008H DIVISION 008C O HOT WATER CLOSET 008K STEVE STAI 870 HOWARD OCR 008A Water STORAG Dispenser 008J © Fire Extinguisher P Pull Station ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM N ORANGE COUNTY REVISION: 6/23/2020 SANITATION DISTRICT BUILDING 6 - SECOND FLOOR LOOP TAG NUMBER 19RROOM El � � o El �� 1 MVAH IE] a 6 � �$ RANDY JAMES TODD JESSE ROBBIE JULIO D el��� INOUYE WEBB MAY FREEMAN CORONEL MONTES rn o 0070-C1 0070-C2 0070-C3 0070-C4 0070-05 0070-C6cyo E0 TR 0 �9=1 oa ® o0���� m m_ STAIRWAY ❑p�p°"� �� 009A DOMINIC o �U LUNCH D070-C7 0070 O 88 ROOM oo7o-C7 v LLLJJJ 007D ° 8� JOEL IROBERT STAIRWAY 009C MARTINEZ AMARO O �� 8 JOHN SON DAVID 007A-C7 007A-C8 MYER LINH IMCLAREN MIGUEL KEY MAP MALDONADJCHRISTER GERADA NANTKUMAR EMMANUAL INTERN 007A-C10 007A-C9 N AMIN ARIAS DAVID CONFERENCE 007A-C6 007A-05 007A-C4 RESTROOM NTS ENTRY HO ROOM 007E 007M 007N 007B 212 213 STAIRWAY DIVISION 0 007A 09 D WOMEN'S MEN'S 007C ENTRY ENTRY 007J 870 RICHARD PAUL DAVID STEVEN GIANG MEN'S RESTROOM HOFFMAN NGUYEN WONG CABALLERO LY ANGEL VACANT VACANT KITCHEN XTR &LOCKERS Water 007A-C11 007A-C12 007A-C13 007A-C14 007 -C15 WOMEN'S HERNANDE 007E RESTROOM 007K Dispenser LUIS JOHN ROBERT JAN BRIAN 007C-Cl 007C-C2 007C-C3 GASCA HINSHAW CEFALU 1GRAMLEY RICK 007G 007A-C20 007A-C19 007A-C18 007A-C17 007A-C16 WOMEN'S AED HENRY 007C-05 VACANT MAZEN LOCKERS ROSAS YAMOUT STAIRWAY © Fire 007C-C6 007C-C4 009B 007H Extinguisher p First Aid Kit P Pull Station 19RSTRC003 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM a N ORANGE COUNTY REVISION: 6/29/2020 SANITATION DISTRICT BUILDING A - MEN'S FIRST FLOOR RESTROOM 006 006S PAINT LOOP TAG NUMBER 19DROOM JFBOOTH /AINTEF;�S MEWS 006K STORAGE/ LOCKER ROOM CART 006R RN 0 ❑ � � � � �o � 0 o VACANT �Er P1=o�� GDP LEADS OFFICE Q 006Q Ill o, L�J l.�Uo PIE= LARRY VACANT [_p- M�° J00 L ❑� O 006E-C1 006E-C2 LUNCH ROOM a 006E ❑ ��� ,moo 006E ALAN FERNANDO JOSE RALPH HERRERA ROCHA 006M MARK 006L-C3 006L-C4 KEY MAP PAUPERAS N BUILDER SHOP NTS 0061 O S<006N - DIVISION C 870 Water Dispenser BREAK ROOM AED /STORAGE 006E © Fire MECHA AL Extinguisher /PIP HO O 006c O First Aid Kit P Pull Station VACANT RELIABILITY OFFICE 006D S I Y 0 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. FITNESS EGIS@OCSD.COM CENTER 006E MECHANICS/ + JANITOR CART FITNESS BARN CENTER 0060 006G FITNESS E N" CENTER O 006F N ORANGE COUNTY SANITATION DISTRICT REVISED: 6/23/2020 BUILDING B & 3 - FIRST FLOOR BUILDER'S EBUILD'S LUNCH STORAGE LOCKER ROOM ROOM 007E 008C 007G LOOP TAG NUMBER 19DROOM z El El 10 OOL CRIB ❑ � o� ELDER'S 007D p STORAG ® O❑ 008E ROBERT m�_ 00. COMPUTER �❑� WORKSPACE DOA os �p spa 00Cl 7 D-C 1 JAM ES BROWN 8E� FERNANDO 007A-C2 PAR007A-C3A 8� 07 u 0 Only areas that are 8 ° ° cleaned. The other KEY MAP desks do not get N NTS cleaned but the MECHANICS LANCE trash cans are to be STORAGE GINEST emptied. 008A °07E DIVISION LUIS KAWILE 007A-C4 870 Water Dispenser STORAGE MACHINIST/WELDING 008D 007A Fire © Extinguisher REBUILD O First Aid Kit MECHANIC'S WORKSTATIONS P Pull Station 007E KEITH BENSON 007E-C1 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN TONY SHOULD BE MARKED UP AND RETURNED TO A DIVISION 250-ENTERPIRSE INFORMATION HERNAND 007 MANAGEMENT. EGIS@OCSD.COM a M ANDREW ORANGE COUNTY ORTIZ N 007E-C3 SANITATION DISTRICT REVISED: 6/24/2020 1 2 3 4 5 6 7 8 9 10 LOOP TAG LOCATION 12CROOM Refer to Appendix A-4 for Detail.Only A area in this building. B ❑ ❑ UP C DN D 3 N DIN 3 o I J m I K I o p O �o EU J p N BLOWER BUILDING W ❑Dq Op Z? NTS d m a F B iw ANY ADDITIONS OR REVISIONS TO THIS N �" FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250 — ENTERPRISE Do 00 0 U a INFORMATION MANAGEMENT. EGISOOCSD.COM KEYPLAN r, N NTS w 'a PROJECT N0. oa DESIGNED BY: ay a+l A i PLANT NO. 1 TN DRAWN BY: RT 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE i 'e R CHECKED BY: DRAWING NO. LINE IS 2 INCHES SANITATION DISTRICT BLOWER BUILDING AT FULL SIZE LAYOUT PLAN 3 a MARK DESCRIPTION DATE APPR. IF NOT 2"—SCALE ACCORDINGLY) ^'�TM� OF 00 1 2 3 4 5 6 7 8 9 10 LOOP TAG LOCATION 16AROOM UP A UP B >ENGI OM C 1-1 002D MECHANICS WORKSHOP/BAY D 3 vwi 002H 002G 00-jv S. BATTERY M UPS MEWS m a 0 I w I LOBBY 002B O o ELECTRICAL ROOM UP E o021 � � u❑ �� q �^� � a MECHANICAL ROOM ONO BATT RY OM � o fl® a�4Ep 110 4,- r TO a� OO q lfJ� o� �® m �Q aZ E:1D��O zwdO /m °wF CENTRAL POWER GENERATION - FIRST FLOOR PLAN iw ANY ADDITIONS OR REVISIONS TO THIS �" FLOOR PLAN SHOULD BE MARKED UP AND NTS 00 Do�oo o RETURNED TO DIVISION 250 — ENTERPRISE a INFORMATION MANAGEMENT. EGISOOCSD.COM KEYPLAN N NTS w 'a PROJECT N0. oa DESIGNED BY: ay a+l A i PLANT NO. 1 IN DRAWN BY: RT 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE �R CHECKED BY: CENTRAL POWER GENERATION DRAWING N0. LINE IS 2 INCHES ° SANITATION DISTRICT AT FULL SIZE FIRST FLOOR 0o MARK DESCRIPTION DATE APPR. (IF NOT 2"-SCALE ACCORDINGLY) LAYOUT PLAN OF 1 1 2 1 3 4 5 6 7 8 9 10 LOOP TAG LOCATION 16AROOM A DN ON B ENGI R C ON DIVISION 870 D W IROBERT 003C FLORES WOMEN'S 003A 003A-C2 s CONTROL ROOM N BILL PEASE o SEYED-TAHER w DNANI-FORGHA4 \ 003A-Cl 0 003 HVAC M I o E 003B E r❑ oa '� o o LOBBY BREAKROOM ON 0 i ® a�O 003D m 0.0 (� 0o MEN'S 003E �Q a Jw JANITOR E:lc, Ji zz W dO F } %� ANY ADDITIONS OR REVISIONS TO THIS CENTRAL POWER GENERATION - SECOND FLOOR PLAN a H 5" FLOOR PLAN SHOULD BE MARKED UP AND NTS Do�4o o IN+ RETURNED TO DIVISION 250 - ENTERPRISE A a INFORMATION MANAGEMENT. EGISOOCSD.COM KEYPLAN 1111 N NTS w 'a PROJECT N0. oa DESIGNED BY: ay a+i A i PLANT NO. 1 TN DRAWN BY: RT 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE �R CHECKED BY: CENTRAL POWER GENERATION DRAWING NO. LINE IS 2 INCHES ° SANITATION DISTRICT AT FULL SIZE SECOND FLOOR 0o MARK DESCRIPTION DATE APPR. (IF NOT 2"-SCALE ACCORDINGLY) LAYOUT PLAN OF 1 2 3 4 5 6 7 8 9 10 LOOP TAG LOCATION 16AROOM A UP Stairwell only. B C ENGINE OM BASEM T ❑ ❑ ❑ ❑ D 3 w N ELEVATOR QUIP ENT ROOM m a d awUUOoozJII ELEV A R I MECHANI ROOM z O UP �a p� ®�p mo 0� �O o ® �o c O Qocn aZ �D � zwdO /m °wF CENTRAL POWER GENERATION - BASEMENT FLOOR PLAN iw ANY ADDITIONS OR REVISIONS TO THIS 5" FLOOR PLAN SHOULD BE MARKED UP AND NTS pp =m o RETURNED TO DIVISION 250 — ENTERPRISE a INFORMATION MANAGEMENT. EGISOOCSD.COM KEYPLAN M N n W 'a PROJECT N0. oa DESIGNED BY: ay a+l A i PLANT NO. 1 IN DRAWN BY: RT 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE �R CHECKED BY: CENTRAL POWER GENERATION DRAWING NO. LINE IS 2 INCHES ° SANITATION DISTRICT AT FULL SIZE BASEMENT FLOOR 0o MARK DESCRIPTION DATE APPR. (IF NOT 2"—SCALE ACCORDINGLY) LAYOUT PLAN OF CONTROL 19ESTRC001 ST 0 B Y CENTER - FIRST FLOOR LOOP TAG NUMBER 19EROOM TILI ELEVATO JOHNNY M 006E 007 008 MAIN ENTRANCE OCHA RANCE R 002E El 0 0 002A 105A ❑ C� n� VACANT o �wVVV 002D-Cl p AUDITORIUM Q0 � m�_ ©p� ROOM 002R VACANT ❑S❑p-E-, 120 WOMEN'S RESTROOM 002D 002D-C2 ��❑ O 8a 002W 105 o 124 O �� VACANT 002D-C3 8 ,0 0 0 JANITOR CLOSET VACANT KEY MAP N 002U CONTROL ROOM 002C 123 002G 104 002D-C4 N TS 107 TYLER VACANT VACANT O 0 DIVISION HOANG 0020-05 0020-C7 0020-C4 MEN'S MICHAEL RESTROOM HAWORTH 830 002T 002E PASS DOWN 122 106 VACANT ROOM Water 0020 0020-C8 116 Dispenser AED ooze THOMAS VACANT 103 Fire VACANT HEN0020 C6 0020-C2 © Extinguisher 0020-C9 VACANT O First Aid Kit 0 RADIO ROOM GARY P Pull Station O 002L TUTASOSOPO- ERNEST SID 113 KEMPER CASTRO DOWNER 002J-C 1 002J-C2 002P 117 C LITER ROOM KITCHEN/LUNCH 002J HVAC 00 0 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN ROOM 112 0021 2N SOUTH ENTRY 111 SHOULD BE MARKED UP AND RETURNED TO 00 DIVISION 250-ENTERPIRSE INFORMATION 115 002X 102 MANAGEMENT. EGIS@OCSD.COM APRIL BOOT RON KEN FROST WASH CORTEZ WONG 002Q 0114 002J-C4 002J-C3 118 STAIRWAY 003A ORANGE COUNTY N SANITATION DISTRICT REVISED: 6/23/2020 CONTROL 19ESTRC001 c(m CENTER - BALCONY SECOND FLOOR LOOP TAG NUMBER 19EROOM ELEVATOR ACANT VACANT DONALD VACANT SEYED-TAHER HADDEN DNANI-FORGHANI ROGST DAVID GARY 006E 004Q-C8 004Q-C7 004Q-C6 004Q-C4 004Q-05 o q MARCOPOLO LIVINSTON HAUG CONKLIN 008 El VELASCO 004Y-Cl0 004D 004E RIAZ IIJJ o 004Y-C9 004A MOINUDDIN �US ±0�� � 004Q-C3 �o ]0 �o Ell LJ Co� 004 p 004E 21 ® OO � OEPm �s oa REZA UN WOMENS' 0p❑p'n, SOBHANI nn a 004Y-C8 RESTROOM 004C CONFERENCE 0o Q }{�j-{ ' ROOM U �^l�J� 219 VACANT �� (8 VACANT 0 0 JANITOR O ROBERT 004Q-Cl 004Y-C7 CLOSET FLORES KEY MAP N EMERGENCY OPERATIONS 004E 004Q-C2 NTS CENTER CONFERENCE ROOM CHRISTINA 004T 004A DIVISION THOMAS 221 004A MEN BRIAN DONALD CORTNEY ARLAN VACANT 004Y-C6 004G TAFOLLA HAWTHORNE LIGHT GOZON 810 004Y 0041-C4 0041-05 0041-C6 004J-Cl 004J-C2 226 820 VACANT $30 PARK HOUN o07 0 I 208J 004J-C3 870 004Y-05 O KITCHEN 880 STEPHEN ROBERT JUAN SANTIAGO MATTHEW 004H LAVELLE BRANDT AMBRIZ ESCOBAR MCDANIELS Water BRIAN CYNTHIA 004I-C3 004I-C2 004I-Cl 004J-C4 004J-05 Dispenser REED ANA FERRY 004Y-C4 BARCIA 004Z-Cl 0 © Fire oo4u Extinguisher 227 RECEPTION AREA 004A O First Aid Kit 004Z 222 p Pull Station JIM ADDITIONS OR REVISIONS TO THIS FLOOR PLAN R SPEARS SHOULD BE MARKED UP AND RETURNED TO DIVISION 004K 250-ENTERPIRSE INFORMATION MANAGEMENT. EDDIE SHABBIR MICHAEL 211 EGIS@OCSD.COM BAKER BASRAI 10 KOBZOFF KEVIN JED 004N 004M 004L VACANT TED SCHULER GONZALES 88 3A 216 214 I 213 VITKO 004W 004V 004Y-C3 004Y-C2 224 223 N" ORANGE COUNTY REVISED: 6/24/2020 N SANITATION DISTRICT CONTROL 19ESTRC001 I CENTER - BASEMENT 0 3B LOOP TAG NUMBER 19EROOM UTILITY <006E 006D STORAGE o 06F � � �� O� o 009 RA R 1 el�� 006N Q ❑ �p 010 O 'fl0 �O� 0060 = 0 �ow p o � �� ® Q0 ©00 - 8a XEMENE—] W ,p o 0 HVAC ROOM 006C KEY MAP 005 N ri NTS JANITOR CLOSET 0061 DIVISION 016 MEN'S ENTRY MEN'S LO ER 830 006J ROOM 006M 017 006G Water 014 Dispenser AED © Fire Extinguisher WOMEN'S ENTRY O First Aid Kit 006K 018 p Pull Station WOMEN'S LOCKER ROOM 006L 019 TERMINAL ROOM UPS OOM 006A ADDITIONS OR REVISIONS TO THIS FLOOR PLAN 6B 003 SHOULD BE MARKED UP AND RETURNED TO 004 DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM O TERMINAL ROOM 006A 003 w ORANGE COUNTY N SANITATION DISTRICT REVISED: 9/3/2020 DAFT PUMP ROOM - FIRST FLOOR ST AF GE LOOP TAG NUMBER 121ROOM 002 ❑ � Mno �o �� ��� o p o � ® OOP MEN'S EJ�❑P*W W REST O 88 a OPERATIONS RESTROOSTROOM 002F 2E 00 DAFT LAB 002G 002C JANITOR QQ CLOSET 8 0 0 0 002E KEY MAP N NTS HALLWAY 002H DIVISION r-� E IP NT R M 6 0z 830 X STEPHEN MARKUS Water 002A O Dispenser Fire DAFT CONTROL © Extinguisher X ROOM 002D First Aid Kit X P Pull Station LARRY ANDRESEN X 002E ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM J w ORANGE COUNTY N SANITATION DISTRICT REVISED: 6/24/2020 ATIX2MEOH. THICKENING & B RY DEWATERING - OM ELE R STA Y 1 6 FIRST FLOOR VESTIBULE LOOP TAG NUMBER 1-ROOM 105 LABORATORY RESTROO NI L 109 n II I� O � E WOMENS ❑ II II❑ Q 0 0 0 ESTROOM �}7LJII IIJJ ���....fff �b, LUJ �T STOR e � �o� o �� � Y 00 110 ❑p Up° r 0o a ° 8� o ELEC CAL KEY MAP N NTS 1 DIVISION ENTRIFU RO 110 610 820 112 120 E 620 ' 822 140 E 630 ' 830 160 710 0 870 161 740 875 210 E750 220 760 230 770 250 810 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM ORANGE COUNTY N SANITATION DISTRICT ATGR BREAK ROO THICKENING & 205 ELE R DEWATERING - °WER SECOND FLOOR ESTR LOBBY LOOP TAG NUMBER 1 ROOM LO 207 O vv � El °0 a0 CONTROL ROOM �0 a 0 0 pp O � a 211 LJ Q a offo 0 800 � � Twulv� oSTAIR °�C N 0.3 ICI 212 P� o E:l O 00� 0� 0o a ° 00 ELECT AL RO M 2 KEY MAP N NTS O DIVISION MEZ NNE LEVEL CENTRE GE ROOM OPEN TO 110 610 820 O CENTRIFUGE ROOM 112 120 620 822 140 630 830 160 710 870 161 740 - 875 210 750 AY 220 760 1 230 770 250 810 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM ORANGE COUNTY SANITATION DISTRICT RAMP ENGINEERING TRAILERS A & B TOM DAVE HYEYOUNG ANTHONY VACANT RUDY BAO(BOB) ANDY MAY z JUSTIN LAM RODRIGUEZ OH PHAN DAVILA TRAN DASILVA KYIco O DON FENTON 003B 003A 004A 004B 004C 006C 006B 006A 007A z 0)0 GO CUTLER 003c 36 35 34 33 32 41 69 68 67 z o65c 1 LOOP TAG NUMBER 19SROOM 005A 0080 DAN yVONNE VACANT VACANT MILIND VACANT CHEMOTTI DAKE VACANT �� WABLE WOMEN'S 003D 005M 005N 004D 006D RESTROOM 008M 007D o a p 37 39 42 008K 71 64 MATTHEW MICHELLE ROBERT U 11 v GOLDSMITH003E [MATTHEW SPENGLER SR E E THIEDE O�� SUBMITTAL 004E PAUL 007E � o "`IICJJJ PERRY q3 MEWS p 005K ROOM RESTROOM AYALA 63 P VACANT 38 005L KAREN 008J 008N ® OO oe 003E PADILLA BRIAN 70 SUZANNE 004E BINGMAN CRIDER �❑P E, cp 006E SUPPLY 007E a ROOM KOVAND FC ROOM 2 THOMAS 44 0081 0 62 Oo003G J VU 004G CINDY Of MARC 0 MURRA w m BROWN STEVE 006G p 0 007G LJ GOSS VACANT 45 U O 61 • 8 E o 0 TRAILER A 003H I M ELECTRICAL 004H DEAN a JEFF TRAILER B KEY MAP LIBRARY BROWN N STEPHEN 0051 FISHER 007H NTS OVE PRI 19SSTRC001 PETER SPE00 IDANOND S46H O 60 19SSTRC002 0041 0 SEJAL BILL WOMEN'S PATEL DIVISION GILBERT RESTROOM WALKWAY 0071 005C 005G DECKING 008P 59 250 IRW IN 80 VACANT PATIO COHEN 008A 760 w 0 LU w 004J ANNI VACANT 003J O w o LARKINS STORAGE H� VACANT 0 z- 008P-C2 008P-Cl 0081770 MICHAEL P. 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EGIS@OCSD.COM nnRn w RAUL MARTIN RICK STEVE VICKI MARIANNE U_p TODD VALERIE VICTORIA THOMAS GITI CUELLAR 003P CH SPEAKMAN FRANCIS KLEINE Z v rn WALTZ RATTO PILKO GRANT RADVAR 007N 14 003Q 003R 004R 004Q w z 0 006K 006L 006M 007P 0070 54 15 16 17 18 0 w 49 50 51 52 53 ORANGE COUNTY REVISED: 6/22/2020 m N SANITATION DISTRICT VACANT VACANT ENGINEERING 022A-Cl 022A-C2 [ TRAILERS E & F CONFERENCE ROOM Al KITCHEN/LUNCH ROOM 022A 022B A B VACANT VACANT LOOP TAG NUMBER 19SROOM 022A-C4 022A-C3 Q El El _ VACANT VACANT (� BADGE SECURITY r 018J NGUYEN LF❑ ��° C�� 6 AREA ONITORING STATION018N 018H o "110 TO s, 022E-C2 022E-C3 13 9 8 p�7 o CONFERENCE ROOM A2 022E MEETING 14 ° � 022C E AREA ICAHAEL VACANT ® 00 C 022D 018S WANG lm=_ 018P 018K SHERJEEL DI FMDHEDA II 018G Qo E:l 080 0 o❑ 0 0 MEN r VACANT ABEY KAREN m SANDIP JOHN TURNBAUGH WOMEN 018T MA018L EL FRATTALI 023P 023N 015 018E 018F KEY M A P 0 A P N WALKWAY 15 11 6 ni A DECKING WOMEN NTS TRAILER F MEN 018U GLORIA TRAILER E 023M RAMOS JAMES DIVISION 19SSTRCO20 M RECEPTION 018R-C1 STEWART CYRIL 19SSTRC017 CASE 018R 018M SPENCER BRIAN 12 DAVIES 023B r 0 3Q COPIER LAMr 015E B 161 Q 023V-C1 LOBBY 230 023V DEREK BRIAN JAY DIGNA MICHAEL CURTIS MADAN DAVID 760 HARP HUYNH KAURA OLMOS DORMAN HORN PATEL HALVERSON Water 023C 023R 023U 023L 018A 018E 018C 018D O C R U L 1 2 3 4 Dispenser © Fire RAMP Extinguisher RUTH WAISHONG BRANDON DIANE ZINTZUN CHAN GARCIA MARZANO 0 First Aid Kit 023D 023S 023T 023K D S T K P Pull Station YAI MONICA PHONGMEKHIN SANCHEZ CLARICE ADDITIONS OR REVISIONS TO THIS FLOOR PLAN 023V-C2 023V-C3 MARCIN SHOULD BE MARKED UPAND RETURNED TO 023J DIVISION 250-ENTERPRISE INFORMATION J MANAGEMENT. EGIS@OCSD.COM VACANT 023E E LUDWIG LARRY NATASHA LAPUS ROBERSON DUBROVSKI SAN 023G 023H 0231 G H I a r ORANGE COUNTY SANITATION DISTRICT N REVISED: 7/13/2021 FLEET 00 SERVICES LOOP TAG NUMBER 19FROOM ❑ D q ' o COO LP ❑p 2' ' p 0�0 .1 U'l � p4 ® Q 0 �oo 0 00 o O 0t 0 - AUTO SHOP C RP T AREA ARPO T 003A KEY MAP N NTS DIVISION 110 610 820 There are desks 120 620 822 and trash cans in 140 630 830 this area. 160 — 710 870 161 740 210 750 220 760 MEN'S LOCKER 230 770 UTIL ROOM BREAK 0031 ROOM 250 810 )00303 003H ADDITIONS OR REVISIONS TO THIS FLOOR PLAN PRINTER SHOULD BE MARKED UP AND RETURNED TO WORK- DIVISION 250-ENTERPIRSE INFORMATION STATION MANAGEMENT. EGIS@OCSD.COM MEN'S 003E RESTROOM , COMPRESSOR 003G BOB ROOM BELL 003E 003B WOMEN'S RESTROOM 003D 0 N ORANGE COUNTY SANITATION DISTRICT 19LSTRC001 HUMAN RESOURCES IF-11 ,11 Al LOOP TAG NUMBER 19LROOM SUNAINA SHELLEY VYAS S E fKAL THYS DURIEUX 002K-05 02 D 002R S 002K-Cl ❑ ■ o q El ❑ ��� = c CAMILLE SERGIO o10 �❑O�/�OCp LAURIE GILLON GONZALEZ DENISE KLINGER 002K-C6 002K-C7 MARTINEZ 0V002K-C2 002M p o 107 Y- CELIA �� OO Q e T _ o, CHANDLER ❑p 1pa5 [jam 0021 ADAM BAYLEE E. Qp Q 8E TIFFANY MONTOYA BONTEMS o 002K-C8 002K-C9 NGUYEN CONFERENCE � CUBICLE 002K-C3 ROOM AREA 002N o 0 0 002K ANDREW KEY MAP N NAU STEPHANIE MARIE LOURDES NTS 002H GOOD MARTIN LUNA 112 002K-C4 002K-C10 002K-C11 DIVISION JANINE AG 110 610 820 ENTRY 0020 020 HALL o 105 002G DEP 120 ■ 620 822 SINK 002C 140 E 630 'M 830 IL 160 710 870 R M L= RECEPTION 02 MEN AREA 161 740 875 WOMEN 002A 0020 LAURA ST AGE KITCHEN 00 MARAVILLA 210 . 750 002E 002P 104 220 ■ 760 230 OF 770 250 810 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM N ORANGE COUNTY REVISED: 1/13/2020 SANITATION DISTRICT LABORATORY - FIRST FLOOR LOOP TAG NUMBER 19CROOM o o � o ElEl .0 WE STORAGE XT ❑ All ��W 0 QYGEN u ® . S URCE CONTROL ❑� m OO boo LAB �LJ � 003E WOMEN'S M CHANICAL RO 003 ❑pU� 18 LAB U LIES 003G OM MOLECULAR 003A � O �� 0 31 MICROBIOLOGY 104 11 003C ❑❑� MECHANI L ROOM SOURCE CONTR 106 0 0 003M Q 0 0 121 11 VACANT 0 ANT 0 003S 003M-Cl 003N- 1 ELECT ICAL OOM KEY MAP N SAMPLE EL EC OOM MICROTOX LAB 003B NTS RECEIVING Q „K MEN'S 003D 105 TOXICOLOGY LAB 003N OM 003E 06A DIVISION 120 w ANITOR CLOSE 003H 003J 107 ROB ERT 110 620 830 116 GAMBER I Y 003D-Cl S 120 630 870 006A IMATTHEW DINDO DAWN CINDY MARGIL 006C HIRSCH CARRILLO MEYERS VELLUCCI JIMENEZ 003P 140 710 875 002E-05 002F-C4 002F-C3 002F-C2 002F-C1 Z ST I Y C�a T 160 740 LISA 002E FRIGID (D o N 2C LABORATORY 161 750 002G MY BRYCE PAUL MARK CANT Ow m o 002D123 VU PEROORAYA KIBBY 102210 760 002F-C6 002F-C7 002F-C8 002F-C9 FOVA 02F-C10 220 770 KELVIN VACANT VACANT PEGGY VACANT BENJAMIN DANNY Z BARWICK LUNCH/ TERRY ECHAVARRIA FERRARO TANG LL 0 N r_ 002D-Cl 002D-C2 002D-C3 CONFERENCE ROOM 230 810 AHN 002F-C14 002F-C13 002F-C12 002F-C11 o ENTRY& ONFERENCE 002E 002H LOBBY ROOM B VACANT VACANT VACANT 103 250 820 124 002M 0026 002D-C4 002D-05 002D-C6 610 822 LAN C. RANDA DEIRDRE PATRICK ERNEST LAURA HAI KEN WIBORG J N N ABUSHABAN BINGMAN GRIFFITH RUCKMAN ERRIQUE NGUYEN SAKAMOTO [VoACANT o 002F-C22 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN 0021 W 002F-C16 002F-C17 002F-C18 002F-C19 002F-C20 002F-C21 2D-C7 SHOULD BE MARKED UP AND RETURNED TO 125 w DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM 19CSTRC001 N ORANGE COUNTY REVISION: 4/28/2020 SANITATION DISTRICT LABORATORY - SECOND FLOOR LOOP TAG NUMBER 19CROOM 0 ❑ � �oo �� �o �&10 110 Ell uO ���� F �� ® oo ��� ow � m m- 0o0 o LECTRI L OOM WOMEN MEN 051 005H p2p21 �p 225 51 224 0 GENERAL CHEMISTRY LAB GENERAL CHEMISTRY LAB CHROMATOGRAPHY SAMPLE LAB CHROMATOGRAPHY SAMPLE LAB u 0� 0 oo� 005M 005K TORA 005C 005A 229 227 216 214 QQ ,0 0 0 SE ER ROOM 222 005J 226 KEY MAP N 5 005� EVELYN NTS EL V R ROMERO ]DRI.IE ABSALON JOSEPH K _ _ 00 VACANT R COM T ROOM MARTA ACANT THANG DIVISION DAZ ROBLED 11 PPL OUDEK Al E I.V. 058 219 ARAMBULA 21] 215 110 620 830005N 021"DLUONic 0215 YEN230 HAN 0050 KIANG OOSL 0058 AY 215 1 120 630 870 6A 004T 004U 004V 140 710 - 875 VACANT BRANDON J:N4 51VOKOVAMA F aa ooas o VACANT VACANT I 160 740 2_ LUIS235 161 - 750 ANTHONY PAULO ge WAY[RYAN MU LLIN RUIZ S E PIMENTEL PAVIA 004B 004B LCMS LAB oo4Q 004Q 4 004S 004S 201 201 004M 233 6 CONFERENCE 211 210 760 VIOLET 004J BRANDY 0041CK GOMEZ TSAII ® I 220 770 202 004A-C2 004H JIM 230 810 206 CA004L I VIROLOGY/BACTERIOLOGY EMMELINE oo4E 250 820 INORGANIC INSTRUMENTATION NORGANIC INSTRUMENTATION RACHEL THOMAS MCCAW 210 VIROLOGY/BACTERIOLOGY 0040 AN EXEL NGUYEN ELAINE 23 P 2034R 004A-Cl G004LZ 212 213 610 822 004D-C4 004D-05 004E I 212 004A RON 210 VACANT 200 COSS ART 004D 0041 DIAz 004K 004D-C3 203 207 209 MIRIAM ADDITIONS OR REVISIONS TO THIS FLOOR PLAN 724 CANH ANGOLD SHOULD BE MARKED UP AND RETURNED TO JOSEPH VANHNGUYEN °2°09 DIVISION 250-ENTERPIRSE INFORMATION NZELLA HONSIRI 004G MANAGEMENT. EGIS@OCSD.COM 004D-C2 004D-C1 205 .I N ORANGE COUNTY SANITATION DISTRICT PURCHASING & WAREHOUSE - FIRST FLOOR LOOP TAG NUMBER 19JROOM WA EH SE 0 A 0 0� o REHOUSE � �� o �rl oQ E BOBBY 1 10 MARTINEZ 006E-C4 Ell p (DOo JOSE(TONY) ® Q0 LUNA �m� m�_ 00. 006E-C3 ❑p Hp � REED O p CALVO O 8E� 006E-C2 0 8� JOSE �� 8 0 ao 0 0 NUNEZ 006E-C1 KEY MAP N ELIAS �091 VACANT REMEN'S NTS DE LA RIVA ISSUE ROOM 006J DIVISION OADIN 006D 110 LUNCH ANTHONY = ROOM 110 610 820 006F REED MARTIN SEGURA WOMEN'S 006N CALVO ALARCON 006H RESTROOM 06D-C 006D-cl 108 00�9 120 620 822 L 11 F 140 630 830 WANDA MONICA NTRY 160 710 870 HAGERTy SANCHEZ OBBY 005G-C2 005 - j005)A ;if 005G 161 740 CONFERENCE VACAN VACANT ROOM 210 750 005M 220 760 GREG DARIUS BLAKELEY GHAZI 230 770 005H 005B 250 810 BRANDON RUTH GARCIA ZINTZUN 005F 005C ADDITIONS OR REVISIONS TO THIS FLOOR PLAN 0051 117 SHOULD BE MARKED UP AND RETURNED TO 123 HEATHER DIVISION 250-ENTERPIRSE INFORMATION PARK MANAGEMENT. EGIS@OCSD.COM 005D 118 ESTROOM CLARICE MARCIN 005E .I 119 NJ ORANGE COUNTY REVISED: SANITATION DISTRICT SOLIDS STORAGE/ TRUCK LOADING - SECOND FLOOR LOOP TAG NUMBER 15JROOM � � IIIII �ElG�Q p ❑ o a o o ��a� o o oyio u° � Qo SOLIDS Ep= HANDLING[TRUCK OO ING BASEMENT TQr] °vw i oEI El o 0o a � F7 KEY MAP N NTS DIVISION 110 610 820 120 620 822 RESTROOM 140 630 830 051 B 160 710 ■ 870 161 740 = 875 CONTROL ROOM 210 750 051 A 220 760 230 770 250 810 DDAZE VACANT VACANT PHUONG WORKSPACES 051A-m 051A-C3 051 A-C2 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM wr ORANGE COUNTY N SANITATION DISTRICT 1 2 3 4 5 6 7 8 9 10 CENTRAL GENERATION COBS LOOP TAG LOCATION LOOP TAG LOCATION 017B 26AROOM 24GROOM NORTH STAIRS 00 r-� VACANT WEST TT Y 006D g \ VACANT ROOM 006E ROLL-UP DOOR EAST B ERY I ROLL-UP DOOR 006A ELECTRICAL ROOM ROO \ MAINTENANCE OFFICE r no� I BRIAN BEDARD 006C UPS ROOM ❑ ❑ ❑ ❑ ❑ I I I 0 TO O B B ❑ I I ❑ ❑ ❑ L------ JL of 7A I r s UTH STAIRS O I I I I 006B 006J MAINTE ANCE BAY ENGI E ROOM ❑ ❑ ❑ El 144C C PUMP OTOR ROOM ❑ O I I I I ❑ ❑ ❑ ❑ I I I ° ❑ ❑ ❑ ❑ 144B ELECTRICAL ROOM I / D I II II XLV144A MTG & LUNCHROOM a U 0 w I I I Q i o �ann0 a �d� E O C3 a 0 Ono 3 a ®w c 0 B 0 E Q o >K m /IJNV\14^ ^n Q L p •�J u m guv nd 00 F ANY oRDP�a°NSHouLOEB%I�aRKEo THIS NTS CENTRAL POWER GENERATION AND GOBS - FIRST FLOOR PLAN o�010 ox RETURNED TO DIVISION 250 - ENTERPRISE INFORMATION MANAGEMENT. EGIS@OCSD.COM KEYPLAN �^ i^ NTS o� DESIGNED BY: Ntr sauitAT� PLANT NO. 2 PROJECT N0. T� DRAWN BY: RT - 06/13 °J� BASELINE BUILDING FLOOR PLAN BASELINE CHECKED BY: ORANGE COUNTY CENTRAL POWER GENERATION DRAWING NO. %3 LINE IS 2 INCHES SANITATION DISTRICT AND OOBS FIRST FLOOR F AT FULL SIZE 3: MARK DESCRIPTION DATE APPR. QR NOT 2"-SCALE ACCORDINGLY) TME ` LAYOUT PLAN 0 o OF 1 2 3 4 5 6 7 8 9 10 CENTRAL GENERATION COBS LOOP TAG LOCATION LOOP TAG LOCATION 26AROOM 24GROOM I A 7B MEZZ. NO STAIRS —————— r- H STAIRS OFFICE 26AROOM STORAGE/PARTS STORAGE HVAC :"'STORAGE I 17�71 703E NORT EL RICAL ROOM I B SOUTH STAIRS--TO I 703A CONTROL ROOM BILL OPEN TO PEASE ENGINE ROOM BELOW I C I 703E SOUTH ELEC C L ROOM I 0 0 0 0 0 � I 703B WOMENS LOCKER ROOM D N I O I E V. 703C MENS L CKER R M o I I a I o O N a I i c� gN E m (:Yo u 40 ( ❑ �� 4.E •�O 0 0] m�n ow o � �J vN a U m �0 oa XF ANY ADDITIONS OR REVISIONS To THIS N CENTRAL POWER GENERATION AND OOBS - SECOND FLOOR PLAN o��o N FLOOR PLAN SHOULD BE MARKED UP AND NTS o RETURNED TO DIVISION 250 — ENTERPRISE B INFORMATION MANAGEMENT. EGISOOCSD.COM KEYPLAN 0 0 iN NTS 3 ro PROJECT NO. 0o DESIGNED BY: Jay SANITgTT�N PLANT NO. 2 %N DRAWN BY: RTRT 06/13 °° ° BASELINE BUILDING FLOOR PLAN BASELINE vN CHECKED BY: ORANGE COUNTY DRAWING NO. CENTRAL POWER GENERATION ""E Is 2L"G"E� SIZE ° SANITATION DISTRICT AND OOBS SECOND FLOOR AT FUL '� b 01 MARK DESCRIPTION DATE APPR. (IF NOT 2"-SCALE ACCORDINGLY) �0'' e LAYOUT PLAN OF 1 2 3 4 1 5 1 6 1 7 1 8 9 1 10 CENTRAL GENERATION OOBS LOOP TAG LOCATION LOOP TAG LOCATION 26AROOM 24GROOM 017B ANORTH STAIRS UP N Stairwells only O ❑ ❑ El IF ❑ El El 006K O NORTH BASEMENT/ENGINE ROOM WET WELL B UP ❑ ❑ '1517A SOUTH STAIRS 144D PIPE PIT SOUTH BASEMENT WET WELL ❑ ❑ ❑ ❑ C ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ UP ❑ ❑ ❑ ❑ ❑ LA ° El 3 I w UP m I s d I I w 41 0 U I CO I E ®£� ° 0 a o � o 3 oD� 0o 0 a< v/'f ❑(��tTf(�) a 0 0 , oo o tiJ �m a:w N CENTRAL POWER GENERATION AND OOBS - BASEMENT PLAN o80,11 ° iw ANY ADDITIONS OR REVISIONS TO THIS ;" FLOOR PLAN SHOULD BE MARKED UP AND NTS RETURNED TO DIVISION 250 - ENTERPRISE ° U a INFORMATION MANAGEMENT. EGIS@OCSD.COM KEYPLAN M NTS v oa DESIGNED BY: @Df PLANT NO.2 PROJECT N0. TNDRAWN BY: RT- 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE °HECKED BY: CENTRAL POWER GENERATIONDRAWING N0. LINE IS2 INCHES SANITATION DISTRICT AND OOBS BASEMENT FLOOR ATFULLSIZELAYOUT PLANa MARK DESCRIPTION DATE APPR. �IF NOT 2��-SCALE ACCORDINGLY) OF 00 CONSTRUCTION P2 CM TRAILER #4 MANAGEMENT 29FSTRC002 TRAILERS C ROBERT P2 CM TRAILER #5 LOOP TAG NUMBER 29FROOM HOLDMAN CLINIC JOHN DEAN BREAK 008A 29FSTRC007 F (, FISHER ROOM 101 `6 0086 008N 002A 0026 o O 103 LOUIE a 0 EROLES HALLWAY pqp 008M-C8 JOHN CINDY JACK oozes JEREME d OVO KITCHEN CI WORKSTATION LIN MURRA SANTOS STONE O 0 007E 07 007C 007E 007A RODNEY 002C MANNDAVIING KITCHEN VACANT 3 2 1 COLLNS OO o 008C 008P �13008M-C7 0 ESTHER > 002D �4 00 104 U6 CORONA � FHACHIM NORTH VACANT =ER 007G-C1 HUMAN 0� �� ao HALLWAY VINCE 008W ESO ROOMM RESOURCES oa OSEGUERA 008M-C6 0071 002F v�g g 0 008D OCOPY CJ�63 Dp , 105 P2 CM CONFERENCE ROOM 1 JULIE TEL RM WALKWAY ROOM O 008Q KARDOS 6 IAN MATTHE 0 002H �O CURRY KILLION 007G DECKING RESTROO ° 1 008M-05 007K 007J 002G MMUNIC VICTOR YANEZ CUBICLE 002J 008E AREA KEY MAP DAVE CHRIS ROGER HUAN 106 008M MOHAMED VICTORIA P2 CM CONFERENCE ROOM 4 NTS N MAZZARELL KINDLE FRANCIS NGUYEN ELSAHRAGTY PILKO 0021 ENTRY KYM MEN'S BIJAN oo7R 007N 007M 4 LOBBY SMITH RESTROOM YAGHOOnBZADEH 007Q 007P 0070 4 5 DIVISION 008V 008V-Cl 008R 161 AED JANITOR DAVI D WALKWAY � BONNIE CLOSET LAIRD DECKING MOORE 008X WOMEN'S RESTROOM 230 Fire 008M-C3 oo8v-c2 Extinguisher I. R 0085 TELECOM.RM "SHARON 740 08 005E O TONY 008M C2 VACANT DANA VACANT VACANT ANTHONY HRISTOPHE RAUL 118 NATASHA VACANT Q First Aid Kit SCOTT ANDREWS COCO TUCKER PALAZUELOS DUBROVSKI 75O ACAYAN AHN 006A-C6 006A-C7 KITCHEN 005D P Pull Station ooaM-c2 006A-C13 006A-C12 006A-C11 006A-C10 006A-C9 005C 008E 005E 119 120 760 107 P2 CM CONFERENCE ROOM 2 1MANNY Water 02 ALVAREZ O 770 Dispenser 008M-C1 CUBICLE HALLWAY P2 CM CONFERENCE ROOM 3 ADAM AREA ANITORCLOSE 005G 005B USB Scanning COG HILL 006A oDsJ 3 Station 008G 108 SOUTH HALLWAY 008 U WOMEN'S VACANT BRAD KELLY JOE VACANT TONY GLENN N's RESTROOM RESTROOM MOORE BRIAN CHARLES RICKY COPY ROOM 0051 jHUfLE ROOM HEBENTON LARA LEAK SUCHOR 005A 005K ADDITIONS OR REVISIONS TO THIS FLOOR PLAN BINGMAN DALTON KWIECIEN 006A 006A-C2 006A-C3 006A-C4 006A-05 006A-C6 4 SHOULD BE MARKED UP AND RETURNED TO 008H 008E 8K 008J 103 102 101 DIVISION 250-ENTERPIRSE INFORMATION 109 112 110 0 MANAGEMENT. EGIS@OCSD.COM RAMP P2 CM TRAILER #1 P2 CM TRAILER #2 P2 CM TRAILER #3 ORANGE COUNTY REVISED: 7/13/2020 29FSTRC008 29FSTRC006 29FSTRC005 N SANITATION DISTRICT 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 1 10 LOOP TAG LOCATION 221ROOM A THICK ER NK A THICKENER NK B THICKENER ANK C B C 002 ELECTRICAL ROOM 002 FAN ROOM a D 00 3 TRAN ORMER 002 VAULT vW UNK DN Ll= Ll 0 00 0 p o PUM RO RESTROOM o E 0 ooz ° FUTUR LYMER �® Q Restroom R00 Q Oo 3 o • ODD' N ❑ Q a 0 o 00 m �E: ° N m N g� a:w DAFT BUILDING - FLOOR PLAN o ®8DO ° iw ANY ADDITIONS OR REVISIONS TO THIS ;" FLOOR PLAN SHOULD BE MARKED UP AND NTS RETURNED TO DIVISION 250 - ENTERPRISE ° U a INFORMATION MANAGEMENT. EGIS@OCSD.COM KEYPLAN M NTS v oa DESIGNED BY: ay ai A i PLANT NO.2 PROJECT N0. IN DRAWN BY: RT- 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE 'u R CHECKED BY: DAFT BUILDING DRAWING NO. 0 LINE IS 2 INCHES ° SANITATION DISTRICT FIRST FLOOR AT FULL SIZE ° LAYOUT PLAN 3 a MARK DESCRIPTION DATE APPR. (I F NOT 2"-SCALE ACCORDINGLY) �'W n,� OF 00 1 2 3 4 5 6 7 8 9 1 10 LOOP TAG LOCATION 23AROOM A B 00 TRANSFORMER ROOM 002 CONT OL OM El L 00 SWITCHGEAR ROOM 00 a D STO G 002 RESTR OM DN 0 1 m 41 0 I O I V E g 0 o ® Q N m a o o D� o0 Q am oo 0 o VtiJ m o ° N m a:w 12KV DISTRIBUTION CENTER B - FIRST FLOOR PLAN og�0CF8DO ° i� ANY ADDITIONS OR REVISIONS TO THIS ;" FLOOR PLAN SHOULD BE MARKED UP AND NTS RETURNED TO DIVISION 250 - ENTERPRISE ° U a INFORMATION MANAGEMENT. EGIS@OCSD.COM KEYPLAN N NTS v oa DESIGNED BY: ay ANI A i PLANT NO.2 PROJECT N0. IN DRAWN BY: RT- 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE �N CHECKED BY: _ 12KV DISTRIBUTION CENTER B DRAWING NO. LINE IS 2 INCHES ° SANITATION DISTRICT FIRST FLOOR AT FULL SIZE ° r� LAYOUT PLAN 3 a MARK DESCRIPTION DATE APPR. � IF NOT 2"-SCALE ACCORDINGLY) �'W n,� OF 00 1 1 2 3 4 5 6 7 8 1 9 1 10 LOOP TAG LOCATION 281ROOM A RAMP UP RAMP UP RAMP UP B 255C 255B 255A CONTROL ROOM ELECTRICAL ROOM #2 ELECTRICAL ROOM #1 C 2550 255E STORAGE RESTR00 UP D w N 41 0 O I r 0 I O �f l o ga�E ®� Q No m Q D— 00 a a00 ,1:0w , 00[� 00 m o ° N m c6 Ew DISTRIBUTION CENTER H - FLOOR PLAN o��®8Do ° iw ANY ADDITIONS OR REVISIONS TO THIS ;" FLOOR PLAN SHOULD BE MARKED UP AND NTS RETURNED TO DIVISION 250 - ENTERPRISE ° U a INFORMATION MANAGEMENT. EGIS@OCSD.COM KEYPLAN N NTS v oa DESIGNED BY: ay al A i PLANT NO.2 PROJECT N0. TN DRAWN BY: RT- 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE �N CHECKED BY: _ DISTRIBUTION CENTER H DRAWING NO. LINE IS 2 INCHES ° SANITATION DISTRICT FIRST FLOOR AT FULL SIZE ° r� LAYOUT PLAN 3 a MARK DESCRIPTION DATE APPR. � IF NOT 2��-SCALE ACCORDINGLY) �'W n,� OF 00 1 2 3 4 5 6 7 8 9 10 LOOP TAG LOCATION 28KROOM A B C "T-�L 110C 110B 110A 110D D MCC/CONTROL ROOM 48 WITCHGEAR OM 12KV SWITCHGEAR ROOM SAMPLE AREA 41 3 N 3 a 0 N O 0 o C I E ®£� ° 0 QrQ i 110E o ESTROOM QO Dom' C N ❑ Q a w— I I �,L 0 o (DO �m o ° N m aW IF ANY ADDITIONS OR REVISIONS TO THIS Nei DISTRIBUTION CENTER "J" - FIRST FLOOR PLAN og�0CF8DO ° ;" FLOOR PLAN SHOULD BE MARKED UP AND NTS RETURNED TO DIVISION 250 - ENTERPRISE ° U a INFORMATION MANAGEMENT. EGIS@OCSD.COM KEYPLAN N NTS v oa DESIGNED BY: ay ai A i PLANT NO.2 PROJECT N0. TN DRAWN BY: RT- 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE �N CHECKED BY: _ DISTRIBUTION CENTER J DRAWING NO. LINE IS 2 INCHES AT FULL SIZE � ° SANITATION DISTRICT FIRST FLOOR ° � YOUT PLAN 3 a MARK DESCRIPTION DATE APPR. (I F NOT 2"-SCALE ACCORDINGLY) �'W n,� LA OF 00 1 2 3 4 5 6 7 8 9 1 10 LOOP TAG LOCATION 22CROOM A UP ROLL-U DOOR B 002C 00 PUMP ROOM ZZANINE C ON. ON. 002 CONTROL ROOM 002B TOM ELECTRICAL/TRANSFORMER HUNT D 3 w N rn 3 a 0 22CROOM RESTROOM O a O w I O �g to a�E ®� Q D— OHO a0 cn 0 00 a tiJ m En n a° N m (V� aw 8 F x ooc05UDO� ° `X ANY ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250 - ENTERPRISE "o INFORMATION MANAGEMENT. EGIS@OCSD.COM EAST RAS PUMP STATION - FIRST FLOOR PLAN KEYPLAN N N NTS NTS v oa DESIGNED BY. �+5A"I A i PLANT NO.2 PROJECT N0. IN DRAWN BY: RT- 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE N CHECKED BY: _ EAST RAS PUMP STATION DRAWING N0. LINE IS 2 INCHES ° SANITATION DISTRICT FIRST FLOOR AT FULL SIZE ° r� LAYOUT PLAN 3 a MARK DESCRIPTION DATE APPR. � IF NOT 2"-SCALE ACCORDINGLY) �'W n,� OF 00 MAINTENANCE BUILDING - FIRST FLOOR LOOP TAG NUMBER 29KROOM O� 3 Lunch tables and o trash cans 460 °o-- °°o Vol 'a 001 JOHN MRON SEwNEE VICTOR LUIS m ROBERT �^� AURELm ! o ODAMIEN P CAL PIRES OSC H ff 0 TYLER PEREZ SOUS 003KC3 003KC4 7ANE B� Q FRABIZIO FRENCH ELECOMMUNICATION R GONZALEZ MARTA L C cLARR 003HC8 003KC2 003KC5 002C. 002H 003A-C4 003NC5 003A-C6 �ac� 003E 003C 0 O U, ,� 003H-C7 �V 002P M N ®wn 003K ,� B oa 103 108 a rn 116 �F.um o LU o DARRENICTM 129 a O FERNANDEZ 124 SCHDIER 003KLl IXmK�e lJ�g g 0 JESSE 003NC3 003A 0031� Q JUAN o FREEMAN MANASAs 118 w E�� 003H ��63 0 LOPEZ O 002J RODRIGUEZ ACE 126 003LC8 �OQ = oUA- 003H-05 COLLECTIONS SHO TAnaR 002E 110 DAN SHOMN 003L RUDMC o 105 H AM LOUIS RYAN ROGER SCHULER O }UCHS 130 003LC7 PASOZ MM6 E 003HCA vac OOZK-C]OOZK-CZ �KC3 MaweL J PAIN O LIBRARY Q 003Pr�C3 SHOP - � 002K o KEY MAP 0026 Q CART BARN-ELE REPAIR SHOP Q ro Lw N 111 00 0 O IOQA MAwEL PETER NTS MAINTEN SHOP ao3Fxz CORCIA CHEFFS sP M RoccEa Lzc 115 03F 003LC5 POK I1QiBS TANG' LE ERIC 124 JAMES ER� DIVISION RAKUTT CABRAL Snw DE 002E z SMART OM ELEVATOR 0031 003LC4 106 7220�� M 48 127 113 DAVE J ANDRADE w BRANDON i--o WILLIAM 0031,C3 - F BARENTS w T ROOM LOBBY CASSIDY uAC 820 w Q 002F ~ 0 003E 003J ERNE 0n QUM 2 0 106 114 128 SAVE 003E-C2 w 25 870 $$0 CENTE Water STAIR b Dispenser LAUNDRY 006B ROOM © Fire oo2R Extinguisher 0 First Aid ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM 29KSTRC001 ORANGE COUNTY REVISED: 5/25/2021 SANITATION DISTRICT MAINTENANCE BUILDING - SECOND FLOOR LOOP TAG NUMBER 29KROOM C7 c 91 0 0� 4 � a bo � O cl o LBEN VACANT RYAN EDWARD ADAM KEmN ADNENS LORIANN CLASSBECK ETL STRUIZ 0 /� � QLUNCH SHIN�MURA GASS TAULA RUIZ ROY �l�}ROOM no YRAMORD KEEN � ' NEV�SOM RAMEY LOCKER ROOM 005F 005G 005H 005I REYNOIDS �y ,yq004A B004C 004Q 004D NKAJYEN 004E-C4 004&C5 004N 223 224 225 226 005J ?LiQg ��g r �QO 203 204 205 227 (�2 �J 0,063 � s ° RAUAEEE ,W aezn VPCANl' Q ooaALci GOWATF7 nccRA G PIANNINGANDSCHEDULEROOM ° u�An PIDRG ooa�ca ooa�cs °"�� 004E HENS LOCKER CONFERENCE ROOM228 oo4�ca Guise ND'y °A� CO 206 ROOM MEIII�K ROOM OOSK C DDNAHGE NWLSTGN CHANG VENEGAS ooa c� aoaAc�o ooa_cg OOSA OOSC ROBERT LEC 220 228 GENII 004J CA 20 KEY MAP CORM JANES Rrac u,�, 004E-C1 214 N n�Gua ao„C1Z NTS DAMES BRiCE TRAMS yNEGR BE'PIPVGFIOUSEN CONPTO YACANf �,�,8 ooaAc, Ate, _ 1, DIVISION MKE MCHAEL DUANE JANIIORCLOSET041 216 EIEUAIDR MENS LOCKER DION MARCLBL STOKES EIECIRICALSHOP 0040 ROOMLOBBY BOLSTER OBERLY SNIlTH p g 48 DEAS LAMBERTZ OOSL �j; 110 610 820 ua��E�nov 020 A 004F 004G 004H 5 005B OOSD 005E 229J� --l- 9 ,� y 207 208 209 221 222 120 - 620 822 oo4L 140 630 840 ■ 160 710 ` 880 LUNCHROOM ■ 161 740 004K CEMCER STAaVVEL CAPA=-.20 006B 210 - 750 004M 220 - 760 230 - 770 - 250 810 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM ti ORANGE COUNTY REVISED: 5/19/2020 SANITATION DISTRICT OPERATIONS CENTER - FIRST FLOOR LOOP TAG NUMBER 29EROOM o i ° O w Ck , o <400 ° off 'o 00 MICHAEL Q LINDA MEWS LOSURDO VACANT MILTON MICHAEL VACANT JEFF C RESTROOM °03 BARRETT `/ b 003G ROCHA HULS WOODWARD R 002M 003H 003I 003J 003K 003L ho&, 1-18 1-19 1-20 1-21 1-22 1-23 00 WILLIAM Q15p8pum°0 MOLINE V C°❑�C5 XG 003P LUNCH ROOM DARTOROOM 002E m o 1-26 002K 1-08 LIGHTING CC 0020 003N JED 1-27 GONZALES m ELEVATORgA WOMEN'S1-17 KEY MAP JIA NTS SPEARS 406 0� RESTROOM N SPEA oseT 003E 002NTRAINING CONFERENCE ROOM :L 003M 002J DIVISION 7REAR L 1-24 MAIN ENTRY 1-25 &LOBBY 110 610 820 002A 120 620 822 ENTRY x 030 140 630 840 WEST JON LABORATORY LABORATORY CO TER 160 710 880 1, 002F SERV ROOM BRADLEYJR. 0021 1-05 02 161 740 003E SELWYN CURT MARK JERRY 1-11 VACANT 1-16 MANSELL II SHELP MELBY AMEZCUA 210 750 003D 003C 003B 003A 002G 1-15 1-14 1-13 1-12 1 220 760 J-1 I r3 230 770 M 250 810 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM 1 ORANGE COUNTY z SANITATION DISTRICT OPERATIONS CENTER - BASEMENT LOOP TAG NUMBER 29EROOM o Of o Ck O w, O oo ° off EAST CENTER ,Q 00 STALRNELL OOSB 80 MENS LOCKER ROOM WOMFNS LOCKER ROOM C�� LJo 004B n 004E FTTNESS CENTER vv Ou 1 0=1 ° 0-02 ° 0-05 004H 0-08 FITNESS CENTER "7o SOS Janitor Closet Y Elevator �6 KEY MAP ENTRY N 004A 0-03 406 NTS 0-01 FRONTHALLWAY LLP REAR HALLWAY D I V I S I O N REAR 004R 004S FIINESS CENTER al 0-18o 0-19 004J lect004 o-lo �x 110 610 ■ 820 120 620 ■ 822 m 140 630 ■ 840 Lj OO p�6 PASSDOWNROOM ' 5O"' BOOT CHANGM AREA BO HVAC 160 710 ■ 880 SUI11VAN 004Q mmn 004P 0040 004N 7,<-, La C15 0-17 �� 0-16 0-1 0-14 161 740 NiLN w SFORMERR M HITOO N ooaL 210 ■ 750 IX 4QC 14 VACANT 0-12 uACANC JOI-IlV ALl-E[d SCOTT �6 220 760 004QC13 CPC WEP �R FLADRKH wlIlTE 230 770 0° 00LLQCIa 1004Q.C9 °° ° , aosc - 250 810 ADDITIONS OR REVISIONS TO THIS FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250-ENTERPIRSE INFORMATION MANAGEMENT. EGIS@OCSD.COM ORANGE COUNTY z SANITATION DISTRICT 1 2 3 4 5 6 7 8 9 10 LOOP TAG LOCATION ❑ 25JROOM A DN r-- [X I I UP r -- -- I I I I I I I I �in B ELE <ROOM I I I I I I I I J " � i EXTENT OF I I BUILDING ABOVE TYP. I I 016A I TR CK AY ROOM T CK AY I MIKE I BARRETT I J / i D a i O O I b L---� o O 4 i o I o DN E I I o ®£J 0 q� o I I D� 0 0 0� 0 o oa az O Go zZI m 000 j�F ANY ADDITIONS OR REVISIONS TO THIS �Q�o N ® ° ;" FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250ENTERPRISE SOLIDS STORAGE AND TRUCK LOADING - SECOND FLOOR PLAN INFORMATION MANAGEMENT.NT. EGISC�OCSD.COM KEYPLAN NTS N� d, NTS v oa DESIGNED BY: ay a+i A i PLANT NO.2 PROJECT NO. IN DRAWN BY: RT- 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE uN CHECKED BY: SOLIDS STORAGE AND TRUCK DRAWING N0. 0 LINE IS 2 INCHES ° SANITATION DISTRICT LOADING FACILITY SECOND FLOOR AT FULL SIZE ° LAYOUT PLAN 3 a MARK DESCRIPTION DATE APPR. � IF NOT 2"-SCALE ACCORDINGLY) �'W n,� OF 00 1 2 3 4 5 6 7 8 9 10 LOOP TAG LOCATION L Ji 25JROOM A — UP DN 4DN - L B ❑ ❑ ❑ ❑ C ❑ ❑ ❑ ❑ 016C ASEMENT E. TRUCK BAY TRUCK BAY ❑ ❑ ❑ ❑ D El E w DN ❑ ❑ ❑ ❑ 3 a m J O F N N C E ❑ ❑ i ❑ ®� ° Q i I O3 i 0o 0, N i I I � a Q I I (DO L Kp I 0o I DP I O mQ zz I U NN m I �Q�,41bQ�80000 �o�-0 6 IF i� DO ANY ADDITIONS OR REVISIONS TO THIS ° ;" FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250 - ENTERPRISE SOLIDS STORAGE AND TRUCK LOADING - BASEMENT PLAN ° INFORMATION MANAGEMENT. EGIS@OCSD.COM KEYPLAN NTS N 1I, NTS v oa DESIGNED BY: �y s^Ni A i PLANT NO.2 PROJECT N0. IN DRAWN BY: RT- 06/13 ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE uN CHECKED BY: SOLIDS STORAGE AND TRUCK DRAWING N0. 0 LINE IS 2 INCHES SANITATION DISTRICT LOADING FACILITY BASEMENT AT FULL SIZE ° r� LAYOUT PLAN 3 a MARK DESCRIPTION DATE APPR. � IF NOT 2��-SCALE ACCORDINGLY) �'W n,� OF 00 WAREHOUSE BUILDING - FIRST FLOOR LOOP TAG NUMBER 29CROOM WAREHOUSE (-:bo STORAGE AREA 002A 0 oop � o o Doto . aQOl 800.8DO- o KEY MAP N NTS DIVISION 110 610 820 GONZALO CAMINO RESTROOM 002G 0021 140 630 840 160 710 880 PARTS PICK-UP AREA 161 740 002G STORAGE 210 750 ROOM 220 760 RE ING/P -UP 002H A ooze 230 770 JESSE ANTHONY - 250 810 VELASCO SEGURA 002C-Cl 002D-Cl ENTRY ELE CAL/ ADDITIONS OR REVISIONS TO THIS FLOOR PLAN 2C HALLWAY PHON ROOM SHOULD BE MARKED UP AND RETURNED TO 002E DIVISION 250-ENTERPIRSE INFORMATION JOSH VACANT MANAGEMENT. EGIS@OCSD.COM HEBERT 002C-C2 002D-C2 ORANGE COUNTY REVISED: 2/11/2020 z SANITATION DISTRICT 1 2 3 4 5 6 7 8 9 10 LOOP TAG LOCATION 22DROOM_ A B 050 050B CONT ROOM AL/TRANSFORMER DN DN C 0 E D 0 w P 050D MEZZANIN 3 0 ROLL—UP DOOR O O 3 K —VQ j O L! cmE UP O� a N U m O 4 � ONO V, D�o� 0 ❑ J O d m �..I'�n `fY/ o0 m 1r 00 az w N Q 8 Oa �m iX ANY ADDITIONS OR REVISIONS TO THIS ° FLOOR PLAN SHOULD BE MARKED UP AND RETURNED TO DIVISION 250 — ENTERPRISE ° E INFORMATION MANAGEMENT. EGISOOCSD.COM WEST RAS PUMP STATION - FIRST FLOOR PLAN KEYPLAN 0 �^ NTS NTS v a PROJECT NO. mo DESIGNED BY: o��y 5A"�T^Tio PLANT NO. 2 yN DRAWN BY: RT - 06/13 0 vo ORANGE COUNTY BASELINE BUILDING FLOOR PLAN BASELINE CHECKED BY: WEST RAS PUMP ROOM DRAWING NO. LI F ATIULLISCESE i °� bb SANITATION DISTRICT FIRST FLOOR LAYOUT PLAN 3< MARK DESCRIPTION DATE APPR. � IF NOT 2"—SCALE ACCORDINGLY) cr� � OF 00 Appendix A-4 JANITORIAL SQUARE FOOTAGE & PLUMBING FIXTURES OF STRUCTURES For Janitorial & Floor Maintenance Service at Plants 1 & 2 APPENDIX A-4 Specification No. S-2021-1270BD Exhibit A-4 OC SAN Revised 8/4/2021 SQUARE FOOTAGE AND PLUMBING FIXTURES OF STRUCTURES roll paper foam soap water Stoko Heavy Duty Refresh z z towel Tork Hand refrigerator microwave carpet(FT)vinyl/VCT/ceramic(FT)concrete stalls w toilets urinals showers sinks dispenser dispenser Hand Cleanser Foam Hand notes PLANT 1 dispenser s s Dispenser Sanitiser Sanitiser s ovens s MAIN GUARD SHACK 136 1 1 1 1 1 1 1 WASTE HAULER DUMP STATION 453 1 1 1 1 1 M&D BUILDING 312 1 1 1 1 ADMINISTRATION BUILDING(1 elevator with carpet) 28,685 2,925 22 9 1 22 14 18 7 3 4 6 WATERLESS URINALS,4 tampon/napkin dispensers ENVIRONMENTAL LAB(1 elevator with vinyl floor) Do not clean labroom sinks or counters 7,395 18,174 1,428 12 4 6 16 25 9 6 2 4 2 4 2 tampon/napkin dispensers HUMAN RESOURCES BUILDING 3,493 456 3 1 3 3 3 1 3 1 1 FLEET SERVICES 923 2 2 4 5 4 1 1 2 PURCHASING/WAREHOUSE BUILDINGS 3,402 296 5 2 1 6 2 2 3 2 2 5 BUILDING 5&6(1 elevator with carpet) 4,831 3726 8 4 8 10 8 8 6 3 6 8 1 tampon/napkin dispenser BUILDING A 326 922 2 2 2 3 5 6 4 1 1 1 1 1 liquid soap paint shop BUILDING B 654 4 2 2 2 2 2 3 Lunchroom and computer rooms have painted concrete floors CONTROL CENTER 1,636 7,430 20 8 12 14 8 11 6 3 4 CONTROL CENTER CART BARN 2,940 1 Sweep and trashcan liner replacement CENTRAL GENERATION BUILDING(1 elevator with vinyl floor) 1,873 4 3 3 7 4 5 2 2 2 1 BLOWER BUILDING 1 468 1 1 1 1 1 1 THICKENING AND DEWATERING FACILITY 2,744 3 1 4 4 4 2 1 1 SOLIDS STORAGE&TRUCKLOADING FACILITY 960 1 1 3 1 1 1 DAF THICKENERS(Do not clean lab sinks or counters) 400 2 1 2 3 2 1 2 1 1 Raised computer floor in control room&hall ENGINEERING TRAILER A 8,616 264 4 2 4 2 2 3 3 1 1 ENGINEERING TRAILER B 7,662 914 5 2 5 3 4 3 4 2 2 ENGINEERING TRAILER E 3,000 112 2 2 2 2 1 2 ENGINEERING TRAILER F 6,372 572 3 1 4 3 4 1 2 2 POWER BUILDING 3A 896 DIGESTER CONTROL ROOM 560 1 P1-37 RESTROOM 64 1 1 1 1 1 1 multifold dispenser PLANT WATER STATION POWER BUILDING 6 1,140 Annual floor maintenance RAS PUMP STATION LAB(Do not clean lab sink or counters) 108 1 1 BLOWER BUILDING 2 (Do not clean lab sink or counters) 562 1 2 2 1 1 1 GARFIELD PORTABLE GUARD SHACK 96 1 1 1 POWER BUILDING 4 547 Annual floor maintenance TOTALS 1 75,418 47,374 5,038 104 43 120 102 93 1 56 9 1 19 7 33 44 Exhibit A-4 OC SAN SQUARE FOOTAGE AND PLUMBING FIXTURES OF STRUCTURES roll paper Tork hand foam soap water Stoko Heavy Duty Refresh z z towel sanitizer refrigerator microwave carpet(FT)vinyl/VCT/ceramic(FT)concrete stalls w toilets urinals showers sinks dispenser dispenser Hand Cleanser Foam Hand notes dispenser dispenser s ovens PLANT 2 s s s Dispenser Sanitizer s MAINTENANCE BUILDING(1 elevator with vinyl floor) 1,705 10,979 8 6 10 13 7 8 8 3 8 10 2 multifold,1 tampon, 1 napkin dispenser in women's 3 tissue dispensers,1 tampon, 1 napkin dispensers in OPERATIONS CENTER(1 elevator with vct) (Do not clean lab sinks or counters) 10,360 12 8 14 14 9 10 4 5 3 3 3 ^'omen's, gym with rubber and concrete floor,raised computer floor in computer room and lobby OPERATIONS CART BARN 4,000 Sweep and trashcan liner replacement WAREHOUSE 902 130 1 1 2 3 3 2 1 1 CENTRAL GENERATION/OOBS 5,533 5 2 7 7 4 6 3 2 3 2 Under construction CENTRAL GENERATION MECHANICS OFFICE AREA 812 1 1 1 1 1 1 2 2 CONSTRUCTION MANAGEMENT/ENGINEERING TRAILERS/SAFETY TRAILER 8,245 524 8 6 1 12 9 8 6 1 6 5 5 P2 MAIN ENTRANCE GUARD SHACK 290 1 1 1 1 1 1 1 SOLIDS STORAGE&TRUCKLOADING FACILITY 945 1 1 1 1 1 1 1 1 1 WEST RAS(Do not clean lab sink or counters) 600 1 1 1 1 EAST RAS(Do not clean lab sink or counters) 663 1 2 1 1 1 1 PDF BUILDING 912 1 1 1 1 1 OXYGEN BUILDING DO NOT ENTER 12kv DISTRIBUTION B 1,136 1 1 1 1 1 1 CENTRIFUGE BUILDING 81 864 1 2 2 2 1 1 1 FINAL SAMPLE BUILDING(No Wax Vinyl Floor) 160 1,440 1 2 2 DISTRIBUTION CENTER H 49 1 1 1 1 1 1 DISTRIBUTION CENTER J (Do not clean lab sinks or counters) 524 1 1 1 1 1 BUSHARD PORTABLE GUARD SHACK 100 1 1 1 BANNING PORTABLE GUARD SHACK 288 1 1 1 DAFT BUILDING 25 1 1 1 1 TOTALS 11,012 33,139 7,116 42 23 33 61 48 48 33 14 11 1 25 30 Appendix A-5 Contract Janitorial Daily Work Performance Log For Janitorial & Floor Maintenance Service at Plants 1 & 2 APPENDIX A-5 Specification No. S-2021-127OBD OC6SAN Appendix A-5 Contract Janitorial Daily Work Performance Log ORANGE COUNTY SANITATION DISTRICT (Submit to OC San Every Monday) PLANT: LOCATION: Start Date: End Date: Company Name: All Custodial Work Must Be Completed Upon Completion of This Document Daily Services(General): Check each line below following the task for each day of the week: M T W TH F S SU Hard Floors(incl.corners): sweep&damp mop_ Counters,sinks,tables&appliance exteriors: clean&disinfect_ Carpets:spot clean and vacuum scraper mats_ Water coolers and trays: clean, restock cups_ Desks,tables,office furn. &partitions:dust_ Paper towel,Tissue, Soap and Feminine Product dispensers:fill_ Door handles:disinfect_ Tables and chairs(lunch, meeting,&conference rooms):damp wipe_ Doors,glass,frames,windowsills&baseboards:spot clean_ Paper shredder&recycle receptacles:empty_ Trash:empty,disinfect&replace liners_ Elevators:sweep,damp mop, remove smudges_ Fuel Station: pick up,empty trash, replace liners_ Entryways: sweep decks&stairs,wet wipe handrails_ Appliance exteriors:spot clean_ Disinfect door handles, light switches, rails_ Comments Weekly Services(General): Check the box once task is completed ❑ Elevators: clean thresholds, polish stainless steel,vacuum ❑ Baseboards, doorjambs and kick plates: clean ❑ Carpets:vacuum ❑Walls,counters,windowsills, partitions,sills:dust&spot clean ❑ Microwave and conventional ovens:clean interiors ❑ Doors(kick plates,frames&glass):clean&polish ❑ 15 gallon recycle paper bins(bi-weekly):empty ❑Window blinds: clean Comments: Monthly Services(General): Fill in dates after completing task HVAC vents:clean DATES: Refrigerators&Freezers:clean interior DATES: Light Fixtures:dust and remove cobwebs DATES: Skylights and Openings:dust&remove cobwebs DATES: Comments: Quarterly Services(General and Restrooms): Fill in dates after completing task Wash/scrub and disinfect wall tiles and partitions DATES: Hard surface floors include restrooms:spray&buff DATES: Comments: Daily Service(Restrooms):Check each line following the task for each day of the week: M T W TH F S SU Floors:sweep&mopped(disinfectant solution)_ Trash:empty,clean,disinfect&insert new liners_ Toilets&seats:disinfect, inside,outside&underneath_ Dispensers(all paper,soap,feminine prod,hand sanitizer,etc.):fill_ Sinks,counters&fixtures:clean&disinfect_ Lockers&Benches:spot clean_ Urinals: disinfect,inside,outside&underneath_ Doors, locker room walls, partitions,glass&mirrors_ Floor drains:pour water to prime drain_(spot clean) Door Handles&Light Switchers:disinfect_ Showers:walls,floors, partitions,curtains,fixtures&mats:scrub&disinfect Comments: Weekly Services(Restroom): Check the box once task is completed ❑Toilet stall partitions:clean&polish ❑ Mirrors, Chrome&Stainless Steel fixtures:clean&polish ❑ Doors,jams,wall partitions:clean&polish ❑ Showers:walls,floors, partitions,curtains,fixtures&mats:scrub&disinfect:spot clean Comments: Monthly Services(Restroom): Fill in dates after completing task ❑ Hard Surface Floors:scrub DATES: ❑ Lockers:clean&disinfect exterior DATES: ❑ Light Fixtures:dust&remove cobwebs DATES: ❑ Skylights&Openings:dust&remove cobwebs DATES: ❑ HVAC Vents: clean DATES: Comments: Contractor Representative Date OCSan Representative Date (acknowledges completion of"checked"boxes) (acknowledges receipt of document from Contractor Representative) Administration Building STEERING COMMITTEE 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2112 Agenda Date: 1/26/2022 Agenda Item No: 13. FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: HEALTH REIMBURSEMENT ARRANGEMENT FOR THE MANAGERS GROUP GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Adopt Resolution No. OC SAN 22-05 entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Health Reimbursement Arrangement (HRA) Plan for the Managers Group identified through the 2021 HRA Reopener Negotiations", B. Approve implementation of an HRA plan with the Managers Group with employee-funded contributions in the form of mandatory vacation, sick, personal, and compensatory leave payouts; and C. Authorize the Orange County Sanitation District to pay the annual administrative costs of the HRA plan for the Managers Group, for a maximum exposure of approximately $390 annually, based on current headcounts. BACKGROUND In November 2021, the Board of Directors approved an agreement with the Supervisory and Professional Management Group (SPMG) to implement a Health Reimbursement Arrangement (HRA; also referenced as Health Retirement Account in MOU), the associated Resolution, and the maximum annual administrative costs to be paid by the Orange County Sanitation District (OC San) on behalf of each SPMG employee. Additionally, the Board directed staff to initiate the procurement process for an HRA consultant and/or vendor upon concluding negotiations with the remaining represented bargaining units, in order to include all negotiated HRA plans as one package. As previously reported to the Board, OC San met and conferred in good faith with all represented groups: SPMG, International Union of Operating Engineers Local 501 (Local 501), and the Orange County Employees Association (OCEA) to determine whether they would adopt an HRA plan, in accordance with a labor contract reopener that was negotiated in 2019. OC San offered the same HRA plan to similarly situated employees in unrepresented groups, including the Executive Management Team, Managers Group, and Confidential Group. The negotiations have concluded with all represented groups. The Managers Group voted in favor of participating in the HRA with plan Orange County Sanitation District Page 1 of 4 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2112 Agenda Date: 1/26/2022 Agenda Item No: 13. terms equivalent to those adopted by SPMG, while OCEA, EMT, and Confidential Groups declined to participate, and Local 501 deferred the item to contract negotiations. Staff is now seeking Board approval on the Resolution with the Managers Group. The terms of the Resolution include establishing an HRA for all employees in the Managers Group, and the contribution structure mirrors that adopted by SPMG. Contributions are to be entirely employee- funded, utilizing the established mandatory payouts for actively accruing vacation, sick, personal, and compensatory leave types. OC San is also requesting authorization to pay the administrative costs of the plan up to a maximum of $30 per employee per year, or approximately $390 annually based on 13 employees in the Managers Group as of the date of this report. The annual cost will fluctuate based on number of employees in the group. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Offer competitive compensation and benefits • Cultivate a highly qualified, well trained, and diverse workforce • Negotiate fair and equitable labor agreements • Maintain positive employer, employee relations PROBLEM OC San has met and conferred in good faith with all represented bargaining groups and reached a tentative agreement with SPMG in July 2021, which was ratified by the Board of Directors in November 2021. OCEA declined to participate at this time and Local 501 deferred the item to contract negotiations. Discussions were expanded to include similarly situated employees in the unrepresented groups, including the Managers Group, and the group voted in favor of implementing an HRA plan. The Board of Directors authorized procurement for an HRA consultant and/or vendor upon concluding negotiations with the remaining represented bargaining units in order to include all negotiated HRA plans as one package. PROPOSED SOLUTION Approve implementation of an HRA plan with the Managers Group and authorize OC San to pay the annual administrative costs for the HRA plan for an amount not to exceed $30 per employee per year, for a total of approximately $390 annually based on the current headcount of the Managers Group. TIMING CONCERNS Staff recommends approving implementation of an HRA plan with the Managers Group now that negotiations with all represented groups have concluded so that the procurement process for an HRA consultant can begin. Orange County Sanitation District Page 2 of 4 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2112 Agenda Date: 1/26/2022 Agenda Item No: 13. RAMIFICATIONS OF NOT TAKING ACTION • Labor instability • Possible impacts to morale • Potential violation of Government Code Section 3505.1 PRIOR COMMITTEE/BOARD ACTIONS November 2021 - The agreement between OC San and SPMG and the associated Resolution (Resolution No. OC SAN 21-19) were approved by the Board of Directors. August 2019 - The current MOUs for the SPMG, Local 501, and OCEA bargaining units were adopted and approved by the Board of Directors. ADDITIONAL INFORMATION The MOUs with Local 501 and OCEA became effective on July 1, 2019, and will expire on June 30, 2022. As part of these contracts, OC San and each represented group agreed to a reopener to negotiate the possible addition of an HRA plan. An HRA is an employer-sponsored medical benefit plan through which an employee may be reimbursed tax-free for eligible out-of-pocket medical or dental expenses (e.g., expenses that are not paid for by insurance or any other benefit plan). HRAs operate under specific provisions of the Internal Revenue Code (IRC), and reimburse for health expenses of the participant, spouse, and qualified dependents during retirement. A core requirement of an HRA is that it must be funded by employer contributions or mandatory employee contributions. There are no limits on contribution amounts, but employees may not make voluntary contributions, whether pre-tax or post-tax. The account balance may be used for qualified medical expenses for the employee, spouse, or qualified dependents, and may be used to reimburse healthcare insurance premiums. CEQA N/A FINANCIAL CONSIDERATIONS If approved by the Board of Directors, OC San is to pay the administrative costs of the plan up to a maximum of$30 per employee per year, for a maximum exposure of approximately $390 annually for the Managers Group based on current headcount. Administrative costs for the SPMG group were previously approved at the November 2021 Board meeting for up to $8,250 annually based on current headcounts, for a grand total of approximately $8,640 annually across all participating groups. The annual cost will fluctuate based on number of employees in each unit. Orange County Sanitation District Page 3 of 4 Printed on 1/19/2022 powered by LegistarTM File #: 2022-2112 Agenda Date: 1/26/2022 Agenda Item No: 13. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Resolution No. OC SAN 22-05 • Attachments to Resolution - Policy 2.2 & 3.3 Orange County Sanitation District Page 4 of 4 Printed on 1/19/2022 powered by LegistarTM RESOLUTION NO. OC SAN 22-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING THE HEALTH REIMBURSEMENT ARRANGEMENT (HRA) PLAN FOR THE MANAGERS GROUP IDENTIFIED THROUGH THE 2021 HRA REOPENER NEGOTIATIONS WHEREAS, on August 28, 2019, the Board of Directors ("Directors") of the Orange County Sanitation District (the "District") authorized the General Manager to negotiate with the represented employee organizations to discuss a potential Health Reimbursement Arrangement (HRA; also referenced as Health Retirement Account in MOUs) plan, per the agreed upon HRA reopener. WHEREAS, following negotiations with the Supervisory and Professional Management Group (SPMG), OC San and SPMG reached a tentative agreement regarding the HRA; WHEREAS, consistent with past practice, OC San opened discussions with similarly situated unrepresented employees, including the Managers Group, and issued a proposal with equivalent terms to the tentative agreement with SPMG, adjusted only to reflect the types of leave accruals applicable to the group; WHEREAS, OC San has agreed to implement an HRA plan for the Managers Group reflecting the parties' understanding regarding certain terms and conditions as set forth in the OC San HRA agenda report, which include: • Health Reimbursement Arrangement: OC San will establish a Health Reimbursement Arrangement (HRA) for all employees in the Group, per Internal Revenue Guidance Rev. Rul. 2002-41 and Rev. No. 2002-45. o All employees of the Group shall be required to contribute uniformly to the HRA according to the following plan design and may not opt out. o For the following actively accruing leave banks: ■ All mandatory personal leave payouts shall be contributed to the HRA (as referenced in Policy 3.3; attached). ■ All mandatory compensatory leave payouts shall be contributed to the HRA (as referenced in Policy 2.2; attached). ■ All mandatory vacation leave payouts shall be contributed to the HRA (as referenced in Policy 3.3). ■ All mandatory sick leave payouts shall be contributed to the HRA (as referenced in Policy 3.3). o In the event of death while employed at OC San, any compensation for accrued and unused leave shall be paid to the employee's designated beneficiaries. o In the event of death, the employee's HRA account and all monies within shall be transferred to the employee's qualified dependent of record. The qualified dependent of record is a designation defined by IRS rules, which may be a spouse, legal domestic partner, or a child that is still listed as a OC SAN 22-05-1 dependent on your income tax return. In the event that there is no qualified dependent of record, all assets in the HRA shall be forfeited and distributed on a non-discriminatory basis to remaining plan participants. o In the event of termination of employment by OC San, any compensation for accrued and unused leave shall be paid directly to the employee. o OC San shall pay the administrative costs of the HRA plan up to a maximum of$30 per year per employee. Employees shall be responsible for any asset management fees. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. The aforementioned HRA plan as outlined herein is hereby approved and may be implemented upon completing the procurement process for a vendor. Section 2. The General Manager is authorized to initiate a procurement for an HRA vendor upon the conclusion of negotiations with all represented and unrepresented groups, and sign a contract with the designated carrier for the approved plans. PASSED AND ADOPTED at a regular meeting of the Board of Directors held January 26, 2022. John B. Withers Board Chairman ATTEST: Kelly Lore Clerk of the Board OC SAN 22-05-2 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OC SAN 22-05 was passed and adopted by a two thirds vote; at a regular meeting of said Board on the 26th day of January 2022, 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 26th day of January 2022. Kelly A. Lore, MMC Clerk of the Board OC SAN 22-05-3 O range County Policy Number: 2.2 Sanitation District Personnel Policies Effective Date: September 26, 2018 Subject: Non-Base Building Pay Supersedes: N ovem ber 14, 2011 Approved by: G eieral M anager 1.0 PURPOSE 1.1 T he purpose of this policy is to establish uniform guidelines and procedures for non- base building pay that does not becom ea perm anent part of base pay, and m ay vary in am cunt from period to period. 2.0 O FG PNIZATIO NAL UNITS AFFECTED 2.1 A II O range County Sanitation District(O CSD) regular, full-tim a em ployees, as specified herein. 3.0 DEFINITIO N5 3.1 A ctina m eans perform hg substantially all of the duties of a vacant, budgeted position, unless otherwise stipulated by an em ployee's affiliated bargaining unit Memorandum of Understanding (M O Q, with a higher m axim u mrate of pay. 3.2 C all-Back Pay is corn pensation provided to em ployees for returning to work at the direction of O CSD management. 3.3 D evelopm ent Pay is non-base building com pensation provided to em ployees for obtaining job-related educational degrees, certificates and/or licenses that increase job knowledge, skills, and abilities. 3.4 E xem Pt Ern ployees are those em ployees who are not covered by the m him urn wage and overtim a provisions of the Fair Labor Standards Act, as am ended. Such em ployees are considered exem pt by virtue of their duties in conformance with the Act's definition of executive, adm nistrative and professional responsibilities. 3.5 N on-Exempt Ern doyees are those em ployees who are covered by them him u mwage and overtim a provisions of the Fair Labor Standards Act, as am ended. Such em ployees, because of the type of work that they perform and their earnings level, are subject to receiving overtim e pay. 3.6 vO ertim e is the num ber of hours which are counted as tim eworked in excess of forty (40) hours during a workweek. 3.7 S hift Differential Pay is additional com pensation provided to em ployees who are regularly assigned to work a night shift. 3.8 S tandby is time during which an em ployee is not required to beat the work location or at the em ployee's residence but is required to be available for im m eliate return to Personnel Policies& Procedures M aival Page 1 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay work. 3.9 S ubstitution Pay is com pensation provided to em ployees in the O perations and M antenance Department for perform ng the duties of an absent supervisor. 3.10 W rkweek for full-tim a em ployees is forty(40) hours per one hundred sixty-eight (168) hour period, to be paid on a biweekly payroll basis of eighty(80) hours worked. Em ployee work periods m ay be scheduled in shifts of four(4) 9-hour days, and one (1)four-hour day each workweek (9/80 schedule), five (5) 8-hour days each workweek (10/80), four(4) 10-hour days each workweek (8/80), or three (3) 12-hour days and one (1)4-hour day each workweek (7/80). The starting and ending tim es of individual em ployees' workweeks m ay vary. 3.11 V ariable Special Pay is additional com pensation in the form of a one-tim a lum p sum paym ent for an eligible em ployee who assum es the responsibilities of another position for an extended period of tim a due to a leave of absence or unusual circum stances. 4.0 PO UCY/PRO CEDURE 4.1 The follow ng pay types apply to exem pt and non-exem pt regular, full-time em ployees: 4.1.1 ACTING PAY 4.1.1.1 Unless otherwise stipulated by an em ployee's affiliated bargaining unit M O U em ployees who are tem porarily assigned by O CSD m anagem ent to perform substantially all of the duties of an open, budgeted higher level classification for a period of at least one hundred (100) consecutive hours will be eligible for a salary increase up to a m axim un of six (6) m cnths. 4.1.1.1.1 For service beyond one hundred (100) consecutive hours, pay shall be one (1)step greater than the em ployee's current rate of pay, or at the m him um of the pay range for the acting position, whichever is greater. 4.1.1.1.2 The higher rate of pay begins with the 101s'hour, and continues until the assignm Ent ends. 4.1.1.1.3 Requests for Acting Pay require the pre-approval of the em ployee's Department Director or designee and the Director of Hum an Resources, or designee. 4.1.2 DEVELO AM6VT PAY 4.1.2.1 Developm ent Pay is intended to prom cte em ployee efforts that increase job knowledge, skills, and abilities, consistent with O CSD personnel policies and procedures regarding tuition and certification reim bursem ent and in accordance with Policy 4.11 Developm ent Pay and Development Pay Program G udelines provided on the Human Resources website. 4.1.2.2 Development Pay is a non-base building pay type that is distributed in a lum p-sum am cunt each pay period. Personnel Policies&Procedures M aival Page 2 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay 4.1.2.3 Educational Degrees 4.1.2.3.1 E xem pt em ployees who obtain or have obtained a graduate degree of approved subjects at an accredited college or university will receive $75.00 per pay period, unless stipulated otherwise in the em ployee's affiliated bargaining unit M em orandum of Understanding or Board resolution. 4.1.2.3.2 N on-exem pt em ployees who obtain or have obtained an undergraduate (bachelor's) degree of approved subjects at an accredited college or university will receive $41.53 per pay period, unless stipulated otherwise in the em ployee's affiliated bargaining unit M em orandum of Understanding or Board resolution. 4.1.2.3.3 N on-exem pt em ployees who obtain or have obtained an associate's degree of approved subjects at an accredited college or university will receive $20.76 per pay period, unless stipulated otherwise in the em ployee's affiliated bargaining unit Memorandum of Understanding or Board resolution. 4.1.2.3.4 T he m axim um am cunt of education Developm ent Pay for non-exem pt em ployees with both an associate's and bachelor's degree is fixed at$41.53 per pay period, unless stipulated otherwise in the em ployee's affiliated bargaining unit M em orandum of Understanding or Board resolution. 4.1.2.4 Certification/ License 4.1.2.4.1 E m ployees who obtain or who have obtained a District approved certification or license will receive $15.24 per pay period per certification or license with a m axim urn of three (3) certificates and /or licenses, unless stipulated otherwise in the em ployee's affiliated bargaining unit M em crandum of Understanding or Board resolution. 4.1.2.5 The overall m adm urn Developm ent Pay for education, certificates and/or licenses for exem pt em ployees is fixed at$120.72 per pay period, unless stipulated otherwise in the em ployee's affiliated bargaining unit Memorandum of Understanding or Board resolution. 4.1.2.6 The overall m acim urn Developm ent Pay for education, certificates and/or licenses for non-exem pt em ployees is fixed at$64.39 per pay period, unless stipulated otherwise in the em ployee's affiliated bargaining unit M em orandum of Understanding or Board resolution. 4.1.3 SEVERANCE PAY 4.1.3.1 When a full-time regular em ployee is separated from em ploym ent by action of O CSD, except for disciplinary cause, the em ployee will be notified in writing two (2)weeks prior to the effective separation date. Unless otherwise stipulated in the em ployee's affiliated bargaining Personnel Policies&Procedures M aival Page 3 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay unit M O U the em ployee will be entitled to severance pay in accordance with the form da set forth below: 4.1.3.1.1 Full-tim e, regular em ployees shall be entitled to eight(8) hours pay for each full calendar m onth of continuous em ploym ent, not to exceed one hundred sixty(160) hours pay, or as m ay be determ ned by the G eneral M anager. 4.1.3.2 Em ployees in part-tim eclassifications, Student Interns, probationary em ployees, and em ployees who are separated for cause are not eligible for severance pay under any circumstances. 4.1.4 SHIFT DIFFERENTIAL PAY 4.1.4.1 Em ployees who are assigned to work a night shift that consists of 50% or more of their hours between 6:00 p.m.and 6:00 a.m., and who actually work that shift, shall receive a shift differential of$3.00 per hour, unless otherwise stipulated by an em ployee's affiliated bargaining unit M O U 4.1.5 UNSCHEDULED O LERTIMEMEALS 4.1.5.1 When em ployees are required to work overtim edue to an em ergency, and actually work at least five (5) hours, or due to an unanticipated extension of their regular workday that includes a regular m eal period, em ployees are entitled to reim bursem ent for the actual cost of a m eal, not to exceed applicable per diem am ounts, in addition to any com pensation for tim eworked. Receipts are not required to receive the per diem am cunt. In lieu of cash reim bursem ent, O CSD m ay provide actual food service to the em ployees. 4.1.5.2 Per diem reim bursem ent and reim bursem ent for an individual's meal not eaten at the tim a and location of the overtim eworked will be taxable. 4.2 The follow ng pay types only apply to regular, full-time non-exem pt em ployees: 4.2.1 CALL-BACK PAY 4.2.1.1 Unless otherwise stipulated by an employee's affiliated bargaining unit M O U Call Back Pay shall be applied in accordance with the following provisions. 4.2.1.2 A n em ployee shall receive a m him urn of three (3) hours of call-back pay in the following instances: 4.2.1.2.1 When an em ployee is called back to work by O CSD without prior notice, and the em ployee has com pleted his or her norm al work shift for that day and left the work site. 4.2.1.2.2 When prior notice is given by O CSD, but the work begins on the sam eday at least three (3) hours after com pletion of an em ployee's regular shift. Personnel Policies&Procedures M aival Page 4 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay 4.2.1.2.3 When an employee assigned to standby is actually called to work. 4.2.1.3 T he three (3) hour m him um,whether or not actually worked, shall be paid at the rate of one and one half(1.5)tim es the em ployee's regular hourly rate. 4.2.1.4 1 f the actual work tim a exceeds three (3) hours, the em Poyee will be com pensated for that tim a as well, except that no em ployee m ay be com pensated for m are than sixteen (16) hours in a 24-hour period. 4.2.1.5 T he call back period shall begin when the standby em ployee has been informed by the District to return to work. The call back period shall end when either the em ployee arrives at his or her residence or the original destination; in either case, the em ployee m ust inform the District upon arrival. 4.2.1.6 I f the call back period has ended and the em ployee is called back to work (whether within or outside of the 3-hour m him urn tim eframe), a new call back period will be started and the em ployee will be eligible for at least the 3-hour m him urn call back pay. 4.2.1.7 1 f the call back period has not ended and the em ployee is called back to work (whether within or outside of the 3-hour m him Lyn tim efram e), the call back period and associated pay will continue but the em ployee will not be eligible for another 3-hour m him urn call back pay. 4.2.1.8 C all back pay is applied per call back and not per work assignment or work order. 4.2.1.9 C all back work performed by em ployees on standby assignments is intended for activities that are im perative and not routine in nature, as determ ned by the applicable on-duty O perations Supervisor or designee. 4.2.1.9.1 In some instances, if call back work can be postponed for several hours, the Operations Supervisor or designee will do so as a courtesy to the em ployee and to allow for the work to be performed during daylight or day shift. For instance, a breakdown occurs at 3:OOam but work can be postponed a few hours so the standby em ployee can be called in at 6:00am. 4.2.2 OIERTIM EPA Y 4.2.2.1 Em ployees who work in excess of forty(40) hours in a workweek shall be paid one-and-a-half(1.5)tim es their regular rate of pay. 4.2.2.2 Em ployees shall not be paid overtim ecom pensation until forty(40) hours of work tim e, which includes scheduled leave, is reached in a seven (7)day workweek. 4.2.2.3 For purposes of overtim e, all tim echarged to unscheduled sick or personal leave will not be counted as tim eworked. Personnel Policies&Procedures M aival Page 5 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay 4.2.3 STANDBY PAY 4.2.3.1 Standby Pay applies to em ployees who are placed on a standby assignment as stipulated by an em ployee's affiliated bargaining unit MOU 4.2.3.2 An em ployee who is placed on a standby assignment shall be com pensated at the rate stipulated in the em ployee's affiliated bargaining unit Memorandum of Understanding, and will also receive call-back pay when actually called to work. 4.2.3.3 Standby assignm ents shall first be m ade on a voluntary basis. 4.2.3.4 Standby lists shall be established as stipulated in the em ployee's affiliated bargaining unit Memorandum of Understanding. 4.3 The follow nq pay type applies to all em ployees: 4.3.1 HO LIDAY PAY 4.3.1.1 Em ployees shall receive holiday pay for O CSD-observed holidays. 4.3.1.2 Em ployees shall receive holiday pay if their entire scheduled work shift immediately preceding and following the holiday is in a paid payroll status, m eaning the em ployee worked those shifts or utilized paid time off in lieu of working those shifts. 4.3.1.3 Holiday pay for part-tim a em ployees is based on a nine (9) hour workday. It is paid on the following prorated basis: NO RN ALLY SCHEDULED PERCENT Ho U2S O FWO RK PER BENEFIT/SUBSIDY WEEK 0—19, inclusive N one 20—29, inclusive 5 0% - 4.5 hours 30—39, inclusive 7 5% - (6.75) hours 4.3.1.4 Regularly Scheduled Work Day is a Holiday: When a holiday occurs on an em ployee's regularly scheduled work day, the em ployee will have the day off and be paid at the em ployee's regular rate of pay for the holiday. 4.3.1.5 Regularly Scheduled Day O f is a Holiday: When a holiday occurs on an em ployee's regularly scheduled day off, the em ployee will have the day off and accrue com pensatory tim efor the am cunt of hours norm ally scheduled for that day. 4.3.1.6 Working on a Holiday: When an affected em ployee's work schedule requires, with management approval, that work be performed on an observed holiday, the em ployee shall be paid: 4.3.1.6.1 At the em ployee's regular rate of pay for the holiday or receive an equivalent am cunt of holiday com pensatory tim e; and Personnel Policies&Procedures M aival Page 6 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay 4.3.1.6.2 Receive overtim e pay at the rate of one-and-one-half(1.5) tim es their regular hourly rate for all hours actually worked. 4.3.1.7 Em ployees with a com pensatory tim eoff balance in excess of fifty (50) hours as of the last pay period ending in O dober will receive a mandatory payout for the hours that exceed fifty(50). 4.3.1.8 The days listed below are observed by O CSD as holidays for noted calendar years, as exam Ales. Em ployees who are assigned to eight (8), nine (9)or ten (10) hour shifts, observe the holidays listed in Schedule A. Em ployees who are assigned to twelve (12) hour shifts observe the holidays listed in Schedule B. SCHEDULE A for 8,9&10 Hour Shifts HO UDAY 2017 2018 2019 New Year's Day J anuary 2 J anuary 1 J anuary 1 Lincoln's Birthday F ebruary 13 F ebruary 12 ebruary 12 President's Day F ebrua 20 IF ebruary 19 F ebruary 18 bA en trial Day M ay 29 M ay 28 M y 27 Independence Day J uly 4 J uly 4 J uly 4 Labor Day S e tern ber 4 S e tern ber 3 S e tern ber 2 Veteran's Day N ovem ber 10 IA ovem ber 12 lq ovem ber 11 Thanksgiving Day N ovem ber 23 14 ovem ber 22 N ovem ber 28 Day after Thanksgiving N ovem ber 24 14 ovem ber 23 lq ovem ber 29 Day before Christmas D ecem ber 25 ecem ber 24 ecem ber 24 Christm as D ecem ber 26 ecem ber 25 ecem ber 25 Floating Holiday S ee M O U S ee M O U S ee M O U SCHEDULE B for 12 Hour Shifts HO UDAY 2017 2018 2019 New Year's Day J anuary 1 J anuary 1 J anuary 1 Lincoln's Birthday F ebruary 12 F ebruary 12 ebruary 12 President's Day F ebrua 20 IF ebruary 19 F ebruary 18 bA er trial Day M ay 29 M ay 28 M y 27 Independence Day J uly 4 J uly 4 J uly 4 Labor Day S eptem ber 4 S eptem ber 3 S eptem ber 2 Veteran's Day N ovem ber 11 14 ovem ber 11 N ovem ber 11 Thanksgiving Day N ovem ber 23 Iq ovem ber 22 lq ovem ber 28 Day after Thanksgiving N ovem ber 24 14 ovem ber 23 N ovem ber 29 Day before Christmas D ecem ber 24 ecem ber 24 ecem ber 24 Christm as D ecem ber 25 ecem ber 25 ecem ber 25 Floating Holiday S I ee M O U S1 ee M O U S1 ee M O U Personnel Policies&Procedures M aival Page 7 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay 4.3.1.9 Floating Holiday: 4.3.1.10 Em ployees m ay elect one (1) day during each calendar year as a Floating Holiday. 4.3.1.11 There will be no m ore than one (1) Floating Holiday granted to an em ployee in any calendar year. 4.3.1.12 New em ployees will be granted a Floating Holiday on the following pro-rata basis in their first calendar year of service: Percent of Hire M cnth Floating Holiday G ranted January - M arch 1 00% April - June 7 5% July - September 51 0% O dober - December 0 % 4.3.1.13 The Floating Holiday shall only be used as a full day increment unless the holiday is pro-rated. As such, the percent of holiday granted shall be used in one (1)occurrence. 4.3.1.14 The Floating Holiday m ust be used within the calendar year it is granted. The Floating Holiday will not be carried over from one (1) calendar year to the next. If not used within the year granted, the Floating Holiday is lost. 4.3.1.15 Wthin the year granted, an unused Floating Holiday is not subject to cash out or eligible for any m andatory payout regardless of the reason. 4.3.1.16 Every effort shall be m ade to grant an em ployee's request for a Floating Holiday off, subject to business requirements, providing an em ployee gives sufficient advance notice to his/her supervisor. 4.3.1.17 A Floating Holiday should be used by the last full pay period in Decem bar of the year in which it is granted. However, an em ployee m ay choose to use the Floating Holiday after the last full pay period up until Decem ber 31. 4.4 The follow ng pay types apply to specified employees only: 4.4.1 EXTRAORDINARY SERVICES CO M IENSATIO N 4.4.1.1 In accordance with applicable M O Uprovisions, employees maybe eligible to receive additional com pensation for perform ng extraordinary services under specific circumstances. Personnel Policies&Procedures M aival Page 8 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay 4.4.1.2 Except for perform ng extraordinary services as defined in this policy, exem pt em ployees are not entitled to receive any com pensation or corn pensatory tim e off for service rendered beyond their norm al work schedule. 4.4.2 SUBSTITUTIO NPAY 4.4.2.1 In accordance with applicable M O Uprovisions, em ployees in the O perations and M aintenance Department who are assigned by OCSD m anagem ent to perform the duties of an absent supervisor shall be eligible for Substitution Pay. 4.4.3 VARIABLE SPECIAL PAY 4.4.3.1 O dy Executive M anagem ent Team,M anager G pup, and exem pt Confidential G ioup em ployees are eligible for Variable Special Pay. 4.4.3.2 An eligible em ployee m ust assum ethe responsibilities of another position for at least thirty(30) days in order to receive Variable Special Pay, and such pay is lim led to no m ore than three (3) m cnths. 4.4.3.3 Requests for Variable Special Pay require a review by the Hum an Resources Department and approval of the G aieral Manager. 4.4.3.4 Em ployees retain the norm al duties of their regularly assigned position when assum ng the responsibilities of another position. 4.4.3.5 A one (1)tim a lum p sum paym ent shall be applied at the end of the leave of absence coverage. 4.4.3.6 Calculation of Variable Special Pay is as follows: 4.4.3.6.1 Determ he num ber of workweeks of the leave of absence. Four(4)workweeks equals one m cnth. Two (2) workweeks equals half of a m cnth. 4.4.3.6.2 For em ployee covering the leave of absence, m Litiply 1% of the annual base salary which will equal the "baseline am cunt". 4.4.3.6.3 Multiply the "baseline am cunt' by the num ber of m cnths covered, which will equal the one (1)time lum p sum of the Variable Special Pay am cunt. 4.4.3.6.4 Exam ple: If the annual base salary of the em ployee covering the leave of absence is $90,000. The "baseline am cunt' equals $900 (1% X$90,000). Length of Variable Special Coverage Pay Amount 1 m cnth $900.00 1.5 m cnths $1350.00 ($900 x 1.5) 2 m cnths $1800 ($900 X 2) 2.5 m cnths $2250 $900 X 2.5 Personnel Policies&Procedures M aival Page 9 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay Length of Variable Special Coverage Pay Amount 3 months $ 2700 $900 X 3 5.0 EXCEPTIO NS 5.1 S tudent interns are ineligible for non-base building pay types, except overtim e, if applicable. 5.2 A ctinq Pay: Eligibility periods m ay be waived at the discretion of the G eneral M anager. 5.3 D evelopm ent Pay: Part-tim a em ployees are eligible for Developm ent Pay. 5.4 H oliday Pay: During the waiting period for disability benefits, em ployees will receive holiday pay in accordance with O CSD policy. When an em ployee is receiving disability paym ents from the insurance carrier, the em ployee will be ineligible for holiday pay through O CSD since disability payments are based on a percentage of salary irrespective of when a holiday occurs. 5.5 1 f a regularly scheduled holiday occurs on a Saturday, the previous Friday shall be taken off as the "holiday"for pay purposes. If a regularly scheduled holiday occurs on a Sunday, then the following M cnday shall be taken off as the"holiday"for pay purposes. 5.6 V ariable Special Pay: Coverage for a leave of absence longer than three (3) m cnths shall be re-evaluated by the Human Resources Department and if applicable re- approved by the G eneral M anager based upon business necessity, operational requirements, or any other extenuating circumstance. 6.0 PRO MSIO NS AND CO NDITIO NS 7.0 RELATED DO CUM ENTS 7.1 D evelopm ent Pay Program G ddelines 7.2 E xtraordinary Services Com pensation Request form 7.3 F air Labor Standards Act 7.4 P olicy 2.1, Classification & Com pensation 7.5 P olicy 4.7, Pro Rata Benefits for Part-Tim a Em ployees 7.6 P olicy 3.1.1, Hours of Work—Non-Exem pt Em ployees 7.7 P olicy 3.1.2, Hours of Work—Exem pt Em ployees 7.8 P olicy 4.3, Tuition Reim bursem ent Personnel Policies&Procedures M aival Page 10 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay 7.9 P olicy 4.4, Certification Reim bursem ent 7.10 P olicy 4.11, Development Pay 7.11 0 ERS—Com pensation Earnable for Legacy G aneral M em bers Personnel Policies&Procedures M aival Page 11 of 11 Effective: 09/26/18 Policy 2.2, Non-Base Building Pay _ O range County Policy Number: 3.3 A . Sanitation District Personnel Policies Effective Date: September 26, 2018 Subject: Leave-of-Absence w th Pay 53, upersedes: September 3, 2013 Approved by: G eieral M anager 1.0 PURPOSE 1.1 T he purpose of this policy is to establish uniform guidelines and procedures for use in the adm nistration of the O iange County Sanitation District's (O CSD's) leave-of-absence with pay program. 2.0 O FG ANIZATIO N4L UNITS AFFECTED 2.1 A II regular O CSD em Ooyees. 3.0 DEFINITIO NB 4.0 PO UCY 4.1 V acation Leave. Except as otherwise provided, regular full-tim a em Ooyees accrue vacation leave in accordance with the following schedule: Years of Service Hours-Biw eekly Hours-Annually In years 0 through 4 3 .08 8 0 In years 5 through 10 4 .62 1 20 In year 11 4 .93 1 28 In year 12 5 .24 1 36 In year 13 5 .54 1 44 In year 14 5 .85 1 52 In year 15 6 .16 1 60 In year 16 6 .46 1 68 In year 17 6 .77 1 76 In year 18 7 .08 1 84 In year 19 7 .39 1 92 In years 20 and over 7 .69 2 00 4.1.1 Vacation leave begins to accrue after anew employee has completed six (6) m cnths of continuous service. Personnel Policies& Procedures M anual Page 1 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay 4.1.2 A fter the first six (6) m cnths of service, the em pioyee's account will be credited with forty(40) hours. After that tim e, the em Ooyee will accrue vacation hours consistent with the above chart. 4.1.3 V acation leave m ay only be utilized in increm Ents of one-half(0.5) hour or more. 4.1.4 V acation leave is accrued for all paid hours, including hours actually worked and hours in a paid-leave payroll status. 4.1.5 W en unpaid absences occur, vacation leave accruals will be applied by straight proration of leave accruals based on the num ber of hours actually worked, and is applicable to all types of leave, whether legally protected or not. 4.1.6 E m Ooyees m ay have a m axim urn accum elation of two hundred (200) hours as of the last day of the final pay period in Decem ber of each year. In the event an em Ooyee accrues vacation leave in excess of two hundred (200) hours, it must be used prior to the Decem ber date, all other rem aning hours in excess of two hundred (200)will be paid to the em Ooyee in the first pay period in January at the em Ooyee's then current hourly rate of com pensation. 4.1.7 M nagem ent shall m eke a reasonable effort, considering the operational needs of O CSD, to accom m(date all em Ooyee requests for vacation leave. Vacation leave should norm ally be requested at least two (2)weeks in advance to increase the likelihood of subm Red dates being approved. However, in the event unforeseen circumstances prevent such advance notification, em tioyees m ay request vacation leave with as little as one (1) days' notice. 4.1.8 P reference am cng em Ooyees who request tim eoff at least six (6) m cnths in advance shall be based on seniority. Requests received less than six (6) months in advance shall be scheduled in the order received. Further guidelines for vacation leave are outlined in applicable M em crandum sof Understanding (MOL). 4.2 S ick Leave. Sick leave is an insurance or protection provided by O CSD to be granted to em Ooyees in circumstances of adversity to promote the health and welfare of the individual em Ooyee. Sick leave is defined as the absence from duty of an em Ooyee because of a bona fide illness, injury, or pregnancy, or to attend to the illness or injury of a fam iy m em ber as hereinafter defined. 4.2.1 S ick-Leave Accrual. Full-tim eem Ooyees hired prior to Novem ber 27, 1981, accrue paid sick leave at the rate of three and one-half(3.5) hours for each biweekly pay period of continuous service (ninety-one [91] hours per year). 4.2.2 F ull-tim eem Ooyees hired on or after Novem ber 27, 1981, accrue paid sick leave at the rate of three (3.0) hours for each biweekly pay period of continuous service (seventy-eight[78] hours per year), beginning with the first day of em pioym ent. 4.2.3 P art-Tim e(or Non-Full-Tim e)em Ooyees em pioyed for at least 30 days will be eligible to accrue sick leave. Sick leave shall accrue at the rate of one (1) hour for every thirty (30) hours worked and shall carry over to the following year. Accrual of sick leave shall be capped at forty-eight (48) hours or six (6)days per year. Part-Time(or Non-Full-Tim e)em ooyees may use up to twenty-four(24) hours or three (3) days hours of sick leave per year com m eking on the 90th day of em ploym ent in accordance with Assem dy Bill 1522. Personnel Policies&Procedures M anual Page 2 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay 4.2.4 VVi en unpaid absences occur, sick leave accruals will be applied by straight proration of leave accruals based on the num ber of hours actually worked, and is applicable to all types of leave, whether legally protected or not. 4.2.5 S ick-Leave Credit. A full-tim e� regular em ployee shall be granted pro rata sick- leave credit during any pay period in which he/she is absent without pay. A part- tim Q regular em ployee shall not be granted sick-leave credit during any period he/she is absent without pay on his/her regular working day. In the event an em ployee is required to work part-tim e by direction of his/her physician, sick- leave credit shall be prorated, except that sick leave shall continue to accrue if an em ployee is absent due to an injury arising out of or in the course of his/her em ploym Ent and is entitled to Workers' Com pensation benefits. 4.2.6 A nnual Payoff. Em ployees m ay elect annually to be paid for any unused sick leave hours accrued through the end of the last pay period ending in O dober at their current hourly rate according to the following payoff schedule or as specified by an em ployee's affiliated bargaining unit M en crandum of Understanding (MOt). Accrued Sick Leave Hours Rate of Payoff 0— 100 hours 0 % 101 to 240 hours 2 5% 241 to 560 hours 3 5% O eer 560 hours 5 0% 4.2.7 E m ployees who separate for any reason other than retirement or death shall be compensated for any accrued and unused sick leave according to the above schedule. 4.2.8 E m ployees who retire or decease shall be paid a percentage of all accrued and unused sick leave based on years of service as follows: Years of Service Rate of Payoff Less than 20 years of service 7 5% 20 or m cre years of service 1 00% 4.2.9 S ick Leave Incentive Plan. The Sick Leave Incentive Plan applies to Executive M aiagem ent Team (EM T) m en bers, M a-iagers, Supervisors and professional- level em ployees. The Plan is adm histered on an individual G ioup basis. 4.2.10 F the average sick leave usage of em ployees in a G pup is under forty (40) hours per year, calculated on annualized actual time off during the period November 1 to O dober 31 exclusive of catastrophic illness or injury requiring absence in excess of two hundred (200) hours or industrial injury leave in excess of eighty (80) hours, the annual payoff for unused sick leave will be m ade according to the following table or as otherwise stipulated in a prevailing M O U Personnel Policies&Procedures M anual Page 3 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay Accrued Sick Leave Hours Rate of Payoff 0-100 1 5% 101-240 4 5% 241-560 6 0% O\.er 560 (m andatory) 7 5% 4.2.11 Perm issible Uses. Sick leave m ay be applied only when: 4.2.11.1 T he em ldoyee is physically or mentally unable to perform his or her norm el functions due to illness, injury, or a m edical condition. 4.2.11.2 T he absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the em poyee or the absence is due to m edical and dental office appointm ents of an em{doyee when approved by the em lloyee's supervisor. 4.2.11.3 T he absence is for other m edical reasons of the em Ooyee, such as pregnancy or obtaining a physical exam hation. 4.2.11.4 T he absence is for the care of the em ldoyee's parent, step-parent, adoptive parent, father-in-law, m cther-in-law, brother, step-brother, sister, step-sister, spouse, registered domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent, foster parent, legal guardian, or any fam ly m em ber with whom the em Idoyee resides. 4.2.11.5 T he absence is due to a job-related injury. 4.2.11.6 T he absence is due to issues relating to domestic violence, sexual assault, or stalking, such as seeking services from crisis counselors or shelters, or from obtaining legal relief such as restraining orders or injunctions 4.2.12 Protected Sick Leave. As prescribed under California Labor Code section 233, em ldoyees m ay use up to one-half(1/2) of their annual sick leave accruals in any calendar year when: 4.2.12.1 T he absence is for the purpose of obtaining professional diagnosis, care, or treatm ant for an existing health condition of, or preventative care for, the em Idoyee. 4.2.12.2 T he absence is for the purpose of obtaining diagnosis, care, or treatment for an existing health condition of, or preventive care for, the em lloyee's parent, step-parent, adoptive parent, foster parent, legal guardian, father-in-law, m cther-in-law, brother, step-brother, sister, step-sister, spouse, registered domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, and grandparent. 4.2.12.3 T he absence is due to issues relating to domestic violence, sexual assault, or stalking, such as seeking services from crisis counselors or shelters, or from obtaining legal relief such as restraining orders or injunctions. Personnel Policies&Procedures M anual Page 4 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay 4.2.13 G sneral Provisions. To qualify for sick-leave pay, the em ployee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor's appointm ent scheduled in advance). As prescribed under the California Paid Sick Leave Law—for the first three (3)days of sick leave use, if the need for paid sick leave use is unforeseeable, the em ployee shall provide notice of the need for the leave to their supervisor as soon as is practicable. After the first three (3) days of sick leave use, the em Ooyee m ust notify O CSD at or in advance of the tim ethe em ployee is scheduled to report for duty. M him urn charge to the em ployee's sick-leave account shall be one-half(0.5) hour and thereafter in one- half(0.5) hour increm ants. 4.2.14 Ham an Resources, along with the division m anagem ant, shall be responsible for control of abuse of the sick-leave privilege. Except for the first twenty-four hours or three (3) days of sick leave use as prescribed under the California Paid Sick Leave Law, if notified in advance by a m anager or supervisor, the em ployee m air be required, at any tim e� to furnish a certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness; however, for absences of ten (10) consecutive working days or m cre, a request for leave and a m edical statement, on prescribed form S stating expected date of return m ust be subm Red to Hum an Resources. Upon return to work, a written doctor's release m ust be subm tted to Hum an Resources. For absences of one (1) or m cre working days in an unpaid status, a request for leave and a m edical statem ent, on prescribed form s, stating expected date of return m ust be subm tted to Hum an Resources. 4.2.15 Sick Leave Banks. Sick Leave Banks are adm histered on an individual Group basis. Em poyees represented by the International Union of O perating Engineers Local 501 for the O perations and M antenance Unit (Local 501)who elect to bank sick leave accrued prior to the im plem entation of Personal Leave provisions m ay elect to use such tim eoff for absence due to a bon a fide illness, injury, or pregnancy, or to attend to the illness or injury of an im m eiiate fam iy m en ber. Em ployees represented by Local 501 who retire or die shall be paid at the 50% (fifty percent) rate for all Banked Sick Leave hours; an em ployee who separates shall be compensated for Banked Sick Leave as follows. Banked Sick Leave Hours Rate of Payoff 0- 100 0 percent 101 -240 2 5 percent 241 - 560 3 5 percent O per 560 5 0 percent 4.2.16 If the need for leave is due to the em ployee's serious health condition, as defined in the Fam iy and M edical Leave Act("FM LA")or the California Fam iy Rights Act ("CFRA"), the certification requirement shall com ply with provisions of these Acts. 4.3 P ersonal Leave. Personal leave is provided to allow em ployees time off with pay for vacation, personal business and non-job-related illness or injury. Personal leave is accrued by full-tim eem ployees for all paid hours, including hours actually worked and hours in a paid-leave payroll status, on a biweekly basis as follows unless otherwise stipulated by an em Ooyee's affiliated bargaining unit M O U Personnel Policies&Procedures M anual Page 5 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay Personal Leave Hours Biw eekly Annual Years of Service 0 through 1 3 .08 8 0* 2 through 4 5 .38 1 40 5 through 10 6 .92 1 80 11 7 .23 1 88 12 7 .54 1 96 13 7 .85 2 04 14 8 .15 2 12 15 8 .46 2 20 16 8 .69 2 26 17 8 .92 2 32 18 9 .15 2 38 19 9 .38 2 44 20 and over 9 .62 2 50 4.3.1 VWi en unpaid absences occur, personal leave accruals will be applied by straight proration of leave accruals based on the num ber of hours actually worked, and is applicable to all types of leave, whether legally protected or not. 4.3.2 S cheduled Time O f. M anagem ent shall m eke a reasonable effort, considering the operational needs of O CSD, to accom m mute all em Idoyee requests for personal leave. Personal leave off should norm ally be requested at least two (2) weeks in advance to increase the likelihood of subm Red dates being approved. 4.3.3 S upervisor absences will not affect an em Ooyee's ability to schedule tim eoff unless the tim eoff request is subm tted within two (2)weeks of the date requested. 4.3.4 U nscheduled Time O C Personal leave that is classified as unscheduled time off provides incom a protection to an em Idoyee who is unable to work due to the following: 4.3.4.1 T he em ldoyee is physically or mentally unable to perform his or her norm d functions due to illness, injury, or a m edical condition. 4.3.4.2 T he absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the em Idoyee or the absence is due to m edical and dental office appointm ents of an em{doyee when approved by the em{doyee's supervisor. 4.3.4.3 T he absence is for other m edical reasons of the em{doyee, such as pregnancy or obtaining a physical exam nation. 4.3.4.4 T he absence is for the care of the em lJoyee's parent, step-parent, adoptive parent, father-in-law, mother-in-law, brother, step-brother, sister, step-sister, spouse, registered domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, grandparent, foster parent, legal guardian, or any fam iy m ern ber with whom the em Idoyee resides. Personnel Policies&Procedures M anual Page 6 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay 4.3.4.5 T he absence is due to a job-related injury. 4.3.4.6 T he absence is due to issues relating to domestic violence, sexual assault, or stalking, such as seeking services from crisis counselors or shelters, or from obtaining legal relief such as restraining orders or injunctions. 4.3.5 U nscheduled tim eoff m ust be accounted for by m anagem ant upon the em Poyee's return to work. Except for the first twenty-four hours or three (3)days as prescribed under the California Paid Sick Leave Law in which the em Ooyee uses Personal Leave for reasons described in 5.3.5. Em ployees m ay be required to subm t m edical docum entation for their injury or illness. It is the responsibility of O CSD m anagem ant to control the potential abuse of unscheduled tim eoff privileges. 4.3.6 P rotected Use of Personal Leave. As prescribed under California Labor Code section 233, em Ooyees m ay use up to one-half(1/2) of their annual personal leave accruals in any calendar year when: 4.3.6.1 T he absence is for the purpose of obtaining professional diagnosis, care, or treatm ant for an existing health condition of, or preventative care for, the em Ooyee. 4.3.6.2 T he absence is for the purpose of obtaining diagnosis, care, or treatment for an existing health condition of, or preventive care for, the em ployee's parent, step-parent, adoptive parent, foster parent, legal guardian, father-in-law, mother-in-law, brother, step-brother, sister, step-sister, spouse, registered domestic partner, biological child, adopted child, step-child, foster child, legal ward, child of a domestic partner, grandchild, and grandparent. 4.3.6.3 T he absence is due to issues relating to domestic violence, sexual assault, or stalking, such as seeking services from crisis counselors or shelters, or from obtaining legal relief such as restraining orders or injunctions. 4.3.7 OC SD also has the right to discipline em Poyees on the basis of total absences away from work. Except for the first twenty-four hours or three (3)days as prescribed under the California Paid Sick Leave Law in which the em Ooyee uses Personal Leave for reasons described in section 5.3.4, Em Ooyees m ust notify their supervisor prior to the start tim eof their shift when they are unable to report for work. Any absence that is requested within twenty-three (23) hours of the start of an em Poyee's work schedule, excluding protected leaves of absence and bereavem ant leave, shall be considered unscheduled tim eoff unless otherwise stipulated by an em Ooyee's affiliated bargaining unit M O U Em Ooyees returning from an extended leave should notify their supervisor as soon as possible to facilitate personnel scheduling. 4.3.8 H um an Resources, along with the division m anagem ant, shall be responsible for control of abuse of the unscheduled leave privilege. Except for the first twenty- four hours or three (3)days as prescribed under the California Paid Sick Leave Law in which the em ployee uses Personal Leave for reasons described in section 5.3.4, the em Poyee m ay be required, at any tim e to furnish a certificate issued by a licensed physician or nurse, or other satisfactory evidence of illness; Personnel Policies&Procedures M anual Page 7 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay however, for unscheduled absences of ten (10) consecutive working days or m cre, a request for leave and a m edical statem Ent, on prescribed form s, stating expected date of return m ust be subm tted to Hum an Resources. Upon return to work, a written doctor's release m ust be subm tted to Hum an Resources. For absences of one (1) or m cre working days in an unpaid status, a request for leave and a m edical statem ent on prescribed form s, stating expected date of return m ust be subm tted to Hum an Resources. 4.3.9 P ersonal Leave Payoff. Ern ployees (or their estate)who separate, retire or die shall be paid in full at their current rate of pay for all Personal Leave hours accrued. 4.3.10 M aim urn Accrual. Em ployees m ay have a m acim urn accum elation of four hundred-forty(440) hours of Personal Leave as of the last day of the final pay period in Decem ber of each year. In the event an em ployee accrues personal leave in excess of the m a drn un accrual, it m Est be used prior to the December date. All, other rem aning hours in excess of the m axim urn accrual will be paid to the em ployee in the first pay period in January at the em ployee's then current hourly rate of compensation. 4.3.11 f the need for leave is due to the em ployee's own serious health condition, as defined in the Fam iy and M edical Leave Act ("FM LA") or the California Family Rights Act ("CFRK), the certification requirem Ent shall com ply with the provisions of these Acts. 4.4 P rotected Child-Related Activities Leave. As prescribed under California Labor Code, Section 230.8, an em poyee who is a parent with one (1) or m cre children attending kindergarten, grades one (1)to twelve (12), or is a child care provider, m ay take paid or unpaid leave up to forty (40) hours per calendar year for the following child-related activities: 4.4.1 T o find, enroll, or reenroll his or her child in a school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider of his or her child. Tim eoff for this purpose shall not exceed eight (8) hours in any calendar m cnth of the year. 4.4.2 T o address a child care provider or school em ergency 4.5 J ury Duty Leave. Any full-tim e, including probationary, em ployee who is called for jury duty shall be entitled to his/her regular pay for those hours of absence due to perform ance of the jury duty for a period up to twenty-two (22)working days. 4.5.1 P rior to jury duty service, each em ployee m ust complete an online tim eoff request form. To be entitled to receive regular pay for such jury leave, em ployees m ust report for work during their regularly scheduled work shift when they are relieved from jury duty service, unless there is less than one-half('/2)of their regular shift rem aning. Employees are not compensated for jury duty occurring on scheduled days off. 4.5.2 A n em ployee serving jury duty m Est obtain an attendance slip from the court to be subm tted to his/her supervisor with his/her tim esheet in order to be eligible for regular pay for those hours of absence due to jury duty. 4.5.3 E m ployees are advised in all cases, whether serving jury duty for the state or federal court system s� to disclose their public em ploym Ent and O CSD's jury duty Personnel Policies&Procedures M anual Page 8 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay pay policy because em ployees who receive jury duty pay m ay not be entitled to court com pensation. 4.6 iW tness Leave. Any full-tim e, including probationary, em Ooyee who is required to be absent from work by a subpoena properly issued by a court, agency or com m$sion legally em powered to subpoena witnesses, which subpoena com pals his/her presence as a witness, except in a m etter wherein he/she is nam ed as a defendant or plaintiff or as an expert witness, shall, upon approval of an online tim eoff request, be entitled to the tim e necessary to com ply with such subpoena. An em ployee's regular pay will be reduced by the am cunt of witness leave pay received, exclusive of m ieage. 4.6.1 A n em ployee so subpoenaed m ust subm t a copy of the subpoena to their supervisor and com plete an online tim eoff request form in order to be eligible for pay for such absence. To be entitled to receive regular pay for such witness leave, the em ployee m ust report for work at O CSD for tim a not actually retained on witness service of one (1) hour or m cre prior to and/or upon com pletion of each day's service, exclusive of travel tim e: 4.7 iM litany Leave. A request for m iitary leave shall be m ode through the online tim eoff request form and shall state the date when it is desired to begin the leave-of-absence and the date of anticipated return. A copy of the orders requiring such m iitary service shall be subm Red with the request to the em ployee's supervisor. 4.7.1 P rovisions of the M iitary and Veterans Code of the State of California, Sections 395-395.5 shall govern m iitary leave. In general, current law provides that an em ployee having one year or m cre service with a public entity is entitled to m iitary leave with pay not exceeding thirty(30) days per year if the em ployee is engaged in m iitary duty ordered for purposes of active m iitary training or encam p-n Ent. An em ployee who is required to attend scheduled service drill periods or perform other inactive duty reserve obligations is entitled to m iitary leave without pay, not exceeding seventeen (17) calendar days per year, although the em ployee m ay, at his or her option, elect to use vacation or personal leave tim eto attend the scheduled reserve drill periods or to perform other inactive drill period obligations. Em ployees who participate in weekend m iitary drill duty are not eligible for leave with pay for such activity, but m ay have their regular work schedule changed to accom m mute the required tim eoff. 4.8 B ereavem ent Leave. Using the online tim eoff request form,any full-tim eem ployee, whether probationary or regular, shall receive a m adm urn of thirty-six (36) hours off with pay for the death or funeral of an im m eliate fam iy m Em ber. Im m @Bate fam iy m ember is defined as the em ployee's father, step-father, father-in-law, m other, step-m cther, mother- in-law, brother, step-brother, sister, step-sister, husband, wife, domestic partner, biological child, step-child, adopted child, child of a domestic partner, step parent, grandchild, grandparent, foster parent, foster child, legal guardian, or any fam iy m en ber with whom the em ployee resides or who is identified in the em ployee's M O U if applicable. Em ployees m ust subm t an online tim eoff request form for approval by the supervisor. 4.9 dN rkers' Compensation Leave. Em poyees who are injured in the course of their em ploym ent are placed on Workers' Com pensation Leave, and receive wage loss benefits to which they are entitled under the Workers' Com pensation Act. Em ployees m ay request to concurrently use available paid leave accruals to supplem art their Workers' Com pensation payments in an am cunt such that the sum of both is equal to or less than the em ployee's regular base pay. Personnel Policies&Procedures M anual Page 9 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay 4.10 A dm inistrative Leave. 4.10.1 Executive Management Employees 4.10.1.1 N o m cre than forty (40) hours of adm histrative leave shall be granted to em ployees in the Executive M anagem eit G pup in any calendar year on January 1 st. 4.10.1.1.1 As an exception, Executive M anagem Ent G pup em ployees who elected to rem an on the executive benefits structure, specified in 1.7 At-Will EM T Em ploym ent Agreem eats, m ay select whether to include Adm histrative Leave as part of their annual benefits package. 4.10.1.2 E m ployees who are hired or prom cted into the Executive M anagem eit G ioup shall be granted adm histrative leave on a pro- rata basis in accordance with the following schedule: M cnth of Hire/Promotion Percentage of Leave G ranted January- September 100% O dober- Decem ber 50% 4.10.1.3 A dm histrative leave may only be used in quarter-hour increments or m cre. 4.10.1.4 A ny unused adm histrative leave, within the calendar year granted, will not be carried over to the next calendar year. 4.10.1.5 A ny unused adm histrative leave, within the calendar year granted, is not subject to cash out or eligible for any m andatory payout. 4.10.1.6 E m ployees who cease to be part of the Executive M anagem Ent G ioup for any reason will not receive paym ent of any unused adm histrative leave. 4.10.2 Manager G ioup Employees 4.10.2.1 N o m cre than forty (40) hours of administrative leave shall be granted to em ployees in the Executive M anagem rmt G pup in any calendar year on January 1 st. 4.10.2.2 E m ployees who are hired or prom cted into the M anager G ioup shall be granted adm histrative leave on a pro-rata basis in accordance with the following schedule: M cnth of Hire/Promotion Percentage of Leave G ranted January- September 100% O dober- Decem ber 50% Personnel Policies&Procedures M anual Page 10 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay 4.10.2.3 A dm nistrative leave may only be used in quarter-hour increments or m cre. 4.10.2.4 A ny unused adm nistrative leave, within the calendar year granted, will not be carried over to the next calendar year. 4.10.2.5 A ny unused adm nistrative leave, within the calendar year granted, is not subject to cash out or eligible for any m aidatory payout 4.10.2.6 E m ployees who cease to be part of the M auger G pup for any reason will not receive paym eat of any unused adm nistrative leave. 4.10.3 Professional, Supervisor and Exempt-level Confidential G ioup Employees 4.10.3.1 E ffective the first pay period in July, regular full-tim eexem pt-level em Ooyees in the Professional, Supervisor and Confidential G pups shall be granted forty (40) hours of Adm nistrative Leave. 4.10.3.2 R egular full-tim eexem pt-level employees who are hired or promoted into the Professional, Supervisor and Confidential G pups shall be granted Adm nistrative Leave on a pro-rata basis per the following schedule: Month of Hire/Promotion Percentage of Leave G ranted July- Septem ber 100% O dober- Decem bar 75% January- M arch 50% April -June 0% 4.10.3.3 A dm nistrative Leave will be adm nistered in accordance with the following guidelines: 4.10.3.3.1 Adm nistrative Leave m ay be used in quarter-hour increm ents. 4.10.3.3.2 Any unused Adm nistrative Leave, within the fiscal year granted, will not be carried over to the next fiscal year. 4.10.3.3.3 Any unused Adm nistrative Leave, within the fiscal year granted, is not subject to cash out or eligible for any m andatory payout. 4.10.3.3.4 Em ployees who cease to be part of the Professional G pup for any reason will forfeit any unused Adm nistrative Leave. 4.11 S upplemental Leave 4.11.1 Nbnexem pt Confidential G ioup Employees (unless otherwise stipulated by an em ployee's affiliated bargaining unit M O Q Personnel Policies&Procedures M anual Page 11 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay 4.11.1.1 1 n 2011, effective the first pay period in the m cnth following the approval of this Agreement by the O CSD Board of Directors, regular full-tim eem Poyees in the bargaining unit shall be granted Supplem ental Leave in accordance with the following schedule: Years of Service 5-9 10 - 14 15 - 19 20 -24 25+ Supplemental Leave Hours 5 1 0 1 5 2 0 25 4.11.1.2 S upplem Ental Leave shall be granted per the schedule in the first pay period in July. 4.11.1.3 S upplem eital Leave will be administered in accordance with the following guidelines: 4.11.1.3.1 Supplem ental Leave m air be used in one-quarter(0.25) hour increm eats. 4.11.1.3.2 Any unused Supplem antal Leave, within the fiscal year granted, will not be carried over to the next fiscal year. 4.11.1.3.3 Any unused Supplemental Leave, within the fiscal year granted, is not subject to cash out or eligible for any m andatory payout. 4.11.1.3.4 Ern Ooyees who cease to be part of the bargaining unit for any reason will forfeit any unused Supplem ental Leave. 4.11.1.4 E m Ooyees who are hired or transferred into the bargaining unit shall be granted Supplem ental Leave on a pro-rata basis per the following schedule: Hire/Transfer Date Percent July—Septem ber 1 00% O dober—Decem ber 7 5% January—M arch 5 0% April—June 2 5% 5.0 PRO CEDURE 6.0 EXCEPTIO NS 6.1 P art-tim eem Ooyees receive leave of absence benefits on a pro-rated basis per Policy 4.7, Pro Rata Benefits for Part-tim e Em Ooyees. 6.2 E m Ooyees receive either both sick leave and vacation tim eoff accruals or personal leave tim eoff accruals depending on the em Ooyee's bargaining unit and/or ern Ooyee group affiliation. Personnel Policies& Procedures M anual Page 12 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay 6.3 V acation leave is not accrued for overtime hours worked. 6.4 T he unscheduled time off designation does not apply to exempt em ployees. 7.0 PRO MSIO N5 AND CO NINTIO N5 7.1 A ccrued balances of vacation leave, compensatory leave, and personal leave may be cashed out at the em ployee's request on an annual basis in Decem ber of each calendar year. 7.2 V acation leave is accrued on a bi-weekly basis, and em Ooyees within the initial probationary period m ay request tim eoff in the first six (6) m cnths of em ploym ant and m ust use available leave accruals. 7.3 E m ployees m ay not m antain a negative balance of vacation, sick, com pensatory, or personal leave accruals. 8.0 RELATED DO QJM ENTS 8.1 C alifornia Labor Code, Section 230.8 8.2 C alifornia Labor Code, Section 246 (California Paid Sick Leave Law) 8.3 C alifornia Assem Hy Bill 1522, Sick Leave Law 8.4 P olicy 1.10, Ern ployee Separation 8.5 P olicy 4.7, Pro Rata Benefits for Part-tim a Em ployees Personnel Policies&Procedures M anual Page 13 of 13 E ffective: 09/26/18 Policy 3.3, Leave of Absence with Pay BOARD OF DIRECTORS Administration Building 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2080 Agenda Date: 1/26/2022 Agenda Item No: 14. FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Adopt Resolution No. OC SAN 22-02 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the continuation of Remote Meetings pursuant to Government Code Section 54953". BACKGROUND Under Section 54943(b)(3), a legislative body may use teleconferencing in connection with any meeting if it posts agendas in all teleconference locations, identifies each teleconference location in the meeting notice, makes each teleconference location accessible to the public, and allows members of the public to address the legislative body from each teleconference location. On September 16, 2021, Governor Newsom signed AB 361. The bill amends Government Code Section 54943 to allow legislative bodies to use teleconferencing for public meetings without complying with the requirements of Section 54943(b)(3) if 1) the Governor has proclaimed a state of emergency and the County of Orange recommends social distancing for vulnerable populations, and 2) the legislative body has determined that meeting in person would present an imminent risk to the health of Board members, staff, and the public. The first condition is currently satisfied because the Governor's proclaimed State of Emergency remains in effect, and the County of Orange currently recommends measures to promote social distancing for vulnerable populations. In addition, the following facts support a finding by the Board that meeting in person would present an imminent risk to the health of Board members, staff, and the public: • While effective COVID-19 vaccines are widely available, many Orange County residents have not been vaccinated. • In order to slow down the transmission of COVID-19, public health officials recommend that unvaccinated persons avoid gatherings and practice social distancing. • Some individuals who contract COVID-19 have no symptoms or have only mild symptoms and are therefore unaware that they carry the virus and may be transmitting it to others. Orange County Sanitation District Page 1 of 3 Printed on 1/16/2022 powered by LegistarTM File #: 2022-2080 Agenda Date: 1/26/2022 Agenda Item No: 14. • Older adults and individuals with medical conditions are at higher risk of severe illness from COVID-19. • The age, condition, and health of a significant portion of residents within the Orange County Sanitation District's (OC San) jurisdiction place them at risk for serious health complications, including hospitalization and death, from COVID-19. • Younger and otherwise healthy people are also at risk for serious health problems and may transmit COVID-19 to others. In order to hold remote meetings without complying with Section 54943(b)(3), the legislative body must: 1) give notice of the means by which members of the public may access the meeting and offer public comment, 2) provide a call-in or internet based option, and 3) provide an opportunity for the public to address the legislative body in real time. Microsoft Teams will allow OC San to comply with the second and third requirements. RELEVANT STANDARDS • Comply with Government Code Section 54943 • Commitment to safety & reducing risk in all operations • Provide a safe and collegial workplace PROBLEM A recent surge in COVID-19 cases has been reported across California as well as the country. The state of emergency continues to directly impact the ability of the members of the OC San Board of Directors and its Board Committees to meet safely in person, and OC San officials continue to impose or recommend measures to promote social distancing in OC San facilities. PROPOSED SOLUTION OC San staff recommends continuing Board of Directors and its Board Committees meetings to remain fully virtual, provided the public has the ability to participate, and the Board of Directors adopt a resolution every 30 days to continue using the relaxed Brown Act teleconferencing requirements. TIMING CONCERNS If the Resolution is not adopted, Board of Directors and Committee meetings will be required to meet in person pursuant to Government Code Sections 54950, et seq. PRIOR COMMITTEE/BOARD ACTIONS January 12, 2022 - Adopted Resolution No. OC SAN 22-01 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings pursuant to Government Code Section 54953". Orange County Sanitation District Page 2 of 3 Printed on 1/16/2022 powered by LegistarTM File #: 2022-2080 Agenda Date: 1/26/2022 Agenda Item No: 14. December 15, 2021 - Adopted Resolution No. OC SAN 21-24 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings pursuant to Government Code Section 54953". November 17, 2021 - Adopted Resolution No. OC SAN 21-20 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings pursuant to Government Code Section 54953". October 27, 2021 - Adopted Resolution No. OC SAN 21-15 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings pursuant to Government Code Section 54953". October 6, 2021 - Adopted Resolution No. OC SAN 21-14 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing Remote Meetings pursuant to Government Code Section 54953". ADDITIONAL INFORMATION The Board of Directors must make certain findings by majority vote every 30 days to continue using the relaxed Brown Act teleconferencing requirements pursuant to Government Code Section 54953 (e). CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Resolution No. OC SAN 22-02 Orange County Sanitation District Page 3 of 3 Printed on 1/16/2022 powered by LegistarTM RESOLUTION NO. OC SAN 22-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT AUTHORIZING THE CONTINUATION OF REMOTE MEETINGS PURSUANT TO GOVERNMENT CODE SECTION 54953 WHEREAS, Government Code Section 54953(e) allows a legislative body to hold remote meetings through teleconferencing without complying with the requirements of Government Code Section 54953(b)(3), subject to certain conditions and requirements; and WHEREAS, on March 4, 2020, the Governor proclaimed a State of Emergency based on the threat of COVID-19, and the State of Emergency remains in effect; and WHEREAS, based on the threat of COVID-19, the County of Orange recommends measures to promote social distancing for vulnerable populations; and WHEREAS, while effective COVID-19 vaccines are widely available, many Orange County residents have not been vaccinated; and WHEREAS, in order to slow down the transmission COVID-19, public health officials recommend that unvaccinated persons avoid gatherings and practice social distancing; and WHEREAS, some individuals who contract COVID-19 have no symptoms or have only mild symptoms and are therefore unaware that they carry the virus and may be transmitting it to others; and WHEREAS, older adults and individuals with medical conditions are at higher risk of severe illness from COVID-19; and WHEREAS, sustained COVID-19 community transmission continues to occur; and WHEREAS, the age, condition, and health of a significant portion of residents within the Orange County Sanitation District's jurisdiction place them at risk for serious health complications, including hospitalization and death, from COVID-19; and WHEREAS, younger and otherwise healthy people are also at risk for serious health problems and may transmit COVID-19 to others; and OC SAN 22-02-1 WHEREAS, the Board of Directors of the Orange County Sanitation District finds that the conditions stated above have caused, and will continue to cause, conditions of peril to the safety of persons within the Orange County Sanitation District that are likely beyond the control of services, personnel, equipment, and facilities of the Orange County Sanitation District. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The above recitals are true and correct and are incorporated herein by reference. Section 2. The conditions described in Government Code Section 54953(e) are present, in that (a) the Governor has proclaimed a state of emergency and the County of Orange recommends social distancing for vulnerable populations, and (b) the Board of Directors has determined that meeting in person would present an imminent risk to the health of Board members, staff, and the public based on the circumstances described above. Section 3. The Board of Directors and the Committees of the legislative body shall conduct its meetings as authorized by Government Code Section 54953(e) and comply with the requirements set forth therein. Section 4. The General Manager of the Orange County Sanitation District is authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a Regular meeting of the Board of Directors held January 26, 2022. John B. Withers Board Chairman OC SAN 22-02-2 ATTEST: Kelly A. Lore, MMC Clerk of the Board APPROVED AS TO FORM: Bradley R. Hogin General Counsel OC SAN 22-02-3 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OC SAN 22-02 was passed and adopted at a regular meeting of said Board on the 26t" day of January 2022, 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 26t" day of January 2022. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OC SAN 22-02-4 BOARD OF DIRECTORS Administration Building 10844 Ellis Avenue SAIV Fountain Valley, CA 92708 ORANGE COUNTY SANITATION DISTRICT Agenda Report (714)593 7433 File #: 2022-2113 Agenda Date: 1/26/2022 Agenda Item No: CS-1 FROM: James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6 RECOMMENDATION: Convene in Closed Session: Designated Representatives: General Manager James Herberg, Assistant General Managers Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia Chandler, and Chief Negotiator Laura Kalty. Employee Organizations: (3) International Union of Operating Engineers, Local 501; Orange County Employees Association; and the Supervisors and Professionals Group BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. 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 the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS • Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package: • Memorandum from General Counsel Orange County Sanitation District Page 1 of 1 Printed on 1/19/2022 powered by LegistarTM VA WOODRUFF, SPRADLIN 6$MART o f • a a i e n aI C o r p o r a a i o n 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Board of Directors FROM: Bradley R. Hogin, Esq. General Counsel DATE: January 18, 2022 RE: Closed Session Items The Board of Directors will hold a closed session on January 26, 2022 for the purpose of conferring with its labor negotiators to discuss negotiations with the International Union of Operating Engineers Local 501, the Orange County Employees Association, and the Supervisors and Professionals Group; and unrepresented: Confidential, Managers and Executive Managers. The Agency Designated Representatives are Jim Herberg, Lorenzo Tyner, and Celia Chandler. The closed session will be held pursuant to authority of California Government Code Section 54957.6. Respect submitted, By. 4- Bradley . Hogin, Go6ral Counsel 1425979.1 ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California LOS Level Of Service RFP Request For Proposal Water Agencies APWA American Public Works MGD Million Gallons Per Day RWQCB Regional Water Quality Association Control Board AQMD Air Quality Management MOU Memorandum of SARFPA Santa Ana River Flood District Understanding Protection Agency ASCE American Society of Civil NACWA National Association of Clean SARI Santa Ana River Engineers Water Agencies Interceptor BOD Biochemical Oxygen Demand NEPA National Environmental Policy SARWQCB Santa Ana Regional Water Act Quality Control Board California Air Resources Non-Governmental Santa Ana Watershed CARB Board NGOs Organizations SAWPA Project Authority CASA California Association of NPDES National Pollutant Discharge SCADA Supervisory Control And Sanitation Agencies Elimination System Data Acquisition National Water Research Southern California CCTV Closed Circuit Television NWRI Institute SCAP Alliance of Publicly Owned Treatment Works CEQA California Environmental O& M Operations&Maintenance SCAQMD South Coast Air Quality Quality Act Management District Capital Improvement Orange County Council of SOCWA South Orange County CIP Program OCCOG Governments Wastewater Authority CRWQCB California Regional Water OCHCA Orange County Health Care SRF Clean Water State Quality Control Board Agency Revolving Fund CWA Clean Water Act OCSD Orange County Sanitation SSMP Sewer System District Management Plan CWEA California Water Environment OCWD Orange County Water District SSO Sanitary Sewer Overflow Association EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources Control Board EMT Executive Management Team OSHA Occupational Safety and TDS Total Dissolved Solids Health Administration US Environmental Protection Professional EPA Agency PCSA Consultant/Construction TMDL Total Maximum Daily Load Services Agreement FOG Fats, Oils, and Grease PDSA Professional Design Services TSS Total Suspended Solids Agreement Per-and Polyfluoroalkyl Waste Discharge gpd gallons per day PFAS Substances WDR Requirements GWRS Groundwater Replenishment PFOA Perfluorooctanoic Acid WEF Water Environment System Federation Water Environment& ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Reuse Foundation IERP Integrated Emergency POTW Publicly Owned Treatment WIFIA Water Infrastructure Response Plan Works Finance and Innovation Act Water Infrastructure JPA Joint Powers Authority ppm parts per million WIIN Improvements for the Nation Act Local Agency Formation PSA Professional Services WRDA Water Resources LAFCO Commission I Agreement I Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS—A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS —The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) — The amount of oxygen used when organic matter undergoes decomposition by microorganisms.Testing for BOD is done to assess the amount of organic matter in water. BIOGAS—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS—Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. COLIFORM BACTERIA—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP)—A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) —The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). GROUNDWATER REPLENISHMENT SYSTEM(GWRS)—Ajoint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and OCSD provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS)—Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) — A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP(NBP)—An alliance of the NACWA and WEF,with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PER-AND POLYFLUOROALKYL SUBSTANCES (PFAS) — A large group (over 6,000) of human-made compounds that are resistant to heat,water,and oil and used for a variety of applications including firefighting foam,stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS)and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression,thyroid effects, and other effects. PERFLUOROOCTANOIC ACID (PFOA) — An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants,food packaging, and cookware(Teflon). PERFLUOROOCTANESULFONIC ACID (PFOS)—A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents. PLUME—A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS (POTW)—A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE—A regional brine line designed to convey 30 million gallons per day of non- reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal,after treatment. SANITARY SEWER—Separate sewer systems specifically for the carrying of domestic and industrial wastewater. 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. ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS TRICKLING FILTER—A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. URBAN RUNOFF—Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER—Any water that enters the sanitary sewer. WATERSHED—A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.