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Home My WebLink AboutItem No. 3 PPP 01-26-2022 Board Meeting - 5-67 Resolution of NecessityBay Bridge Pump Station Replacement, Project No. 5-67Resolution of Necessity, Resolution No. OC SAN 22-03 Presented by: Rob Thompson Assistant General Manager Board Meeting January 26, 2022 1.What is the project? 2.Why is the project necessary? 3.Why is the property acquisition necessary? 4.Is planned project the greatest good for least injury? 5.Have we complied with pre-resolution process? Overview 2 Our Vision ORANGE COUNTY SANITATION DISTRICT WILL BE A LEADER IN: •Providing reliable, responsive, and affordable services in line with customer needs and expectations. •Protecting public health and the environment utilizing all practical and effective means for wastewater, energy, and solids resource recovery. •Continually seeking efficiencies to ensure that the public’s money is wisely spent. •Communicating our mission and strategies with those we serve and all other stakeholders. •Partnering with others to benefit our customers, this region, and our industry. •Creating the best possible workforce in terms of safety, productivity, customer service, and training. What Is The Project? 3 What Is The Project? Replace BBPS Replace Dual 24” Forcemains 4 Proposed Pump Station Proposed Dual 24” Forcemains 5 ~ CASTAWAYS r PARK Our Vision ORANGE COUNTY SANITATION DISTRICT WILL BE A LEADER IN: •Providing reliable, responsive, and affordable services in line with customer needs and expectations. •Protecting public health and the environment utilizing all practical and effective means for wastewater, energy, and solids resource recovery. •Continually seeking efficiencies to ensure that the public’s money is wisely spent. •Communicating our mission and strategies with those we serve and all other stakeholders. •Partnering with others to benefit our customers, this region, and our industry. •Creating the best possible workforce in terms of safety, productivity, customer service, and training. Why Is The Project Necessary? 6 Why Is The Project Necessary? BBPS collects ~50% of sewage from Newport Beach Bay Bridge Pump Station 7 Pump station and forcemains are nearing end of useful life and must be replaced. •Facilities are 50+ years old •No longer meet structural, electrical, or maintenance standards 8 Recent issues indicate pump station deteriorating •2014 additional pump installed •2021 emergency bypass and repairs 9 Our Vision ORANGE COUNTY SANITATION DISTRICT WILL BE A LEADER IN: •Providing reliable, responsive, and affordable services in line with customer needs and expectations. •Protecting public health and the environment utilizing all practical and effective means for wastewater, energy, and solids resource recovery. •Continually seeking efficiencies to ensure that the public’s money is wisely spent. •Communicating our mission and strategies with those we serve and all other stakeholders. •Partnering with others to benefit our customers, this region, and our industry. •Creating the best possible workforce in terms of safety, productivity, customer service, and training. Why Is The Property Acquisition Necessary? 10 Why Is The Acquisition Necessary? 1.Existing station not up to current standards 2.Operations & Maintenance accessibility requirements 3.Addition of odor treatment due to proximity to future development 4.Allow new station to be constructed while existing station remains in operation 11 5-67-02 Permanent Access Easement •Shared access •Movable •Safe O&M access •<15 trips per week after construction5-67-01 Permanent Fee Interest •Allow existing station to remain in operation during construction •Adhere to current standards and codes •Provide space for new odor equipment 5-67-03 Temporary Road Easement 5-67-04 Temporary Construction Easement 5-67-05 Temporary Construction Easement 5-67-06 Temporary Construction Easement •Required to provide safe workspace for construction 12 0 EXPA.NSION PR 0 EXISTING OCS OPERTY □ EXISTING ocs~ ::::RTY □ PERMANENT ACCESS RTY IN PUBLIC ROW □ TEMPORARY CONSTR~MENT BAY BRIDGE PU □ TEMPORARY ROAD ..... ::'SEMENT MP STATION AN PROJECT 5-67 D FORCE MAIN REP LACEMENT EXISTING EASEMENT 5-67-07 Permanent Sewer Easement 5-67-08 Permanent Sewer Easement •Allow for typical access to sewer 13 I I I I I Our Vision ORANGE COUNTY SANITATION DISTRICT WILL BE A LEADER IN: •Providing reliable, responsive, and affordable services in line with customer needs and expectations. •Protecting public health and the environment utilizing all practical and effective means for wastewater, energy, and solids resource recovery. •Continually seeking efficiencies to ensure that the public’s money is wisely spent. •Communicating our mission and strategies with those we serve and all other stakeholders. •Partnering with others to benefit our customers, this region, and our industry. •Creating the best possible workforce in terms of safety, productivity, customer service, and training. Is Planned Project The Greatest Good For Least Injury? 14 Greatest Public Good, Least Private Injury •Various locations and layouts studied •Considerable engineering effort to minimize footprint •Current site determined to be that which promotes greatest public good with the least private injury 15 Long history of communication with adjacent property owner Oct 2011 May 2014 Jan 2016 Dec 2019 Jun 2016 Aug 2019 Aug 2019 Mar 2016 Jun 2016 16 ,.r; .t ~IJJl--:r---~~ ~)L -------=-~--R l•I "' r -... I - -, .• ~ _r----1 /____ -- i__ _ ___,----, __ --M \ -.. 1' -... ·--~---- •2010 –OC San plans to address aging pump station •Jan 2014 –OC San starts reviewing expand-in-place options •May 2014 –BBL developed modified expand-in-place site plan •Oct 2014 –OC San considers south of bridge option •May 2016 –SP-178 recommended expand-in-place •Jun 2016 –BBL offered North Bayside option •Feb 2017 –OC San agreed to North Bayside and developed EIR •Oct 2017 –OC San awards design contract •Apr 2018 –OC San drafted purchase and Sale agreement for North Bayside •Apr 2018 –BBL stopped negotiations for North Bayside •Jan 2019 –BBL requested to restart negotiations for North Bayside •Jul 2019 –REIR distributed •Aug 2019 –REIR re-distributed •Dec 2019 –BBL offered a revised expand-in-place site •April 2020 –OC San drafted Purchase and Sale agreement for expand-in-place •Dec 2020 –OC San drafted revised Purchase and Sale agreement for expand-in-place •Feb 2020 –REIR certified 17 South site location:•More vulnerable to flooding•Environmental concerns •Multiple property owners •Access issues •Constrains any future Caltrans bridge improvements 3 Expand-in-place location: •SP-178 recommended location •Most recent location offered by property owner •Recirculated EIR 1 North site location: •Site offered by property owner •Layout and EIR developed •Property owner stopped negotiations for this site2 Location Considerations 18 Our Vision ORANGE COUNTY SANITATION DISTRICT WILL BE A LEADER IN: •Providing reliable, responsive, and affordable services in line with customer needs and expectations. •Protecting public health and the environment utilizing all practical and effective means for wastewater, energy, and solids resource recovery. •Continually seeking efficiencies to ensure that the public’s money is wisely spent. •Communicating our mission and strategies with those we serve and all other stakeholders. •Partnering with others to benefit our customers, this region, and our industry. •Creating the best possible workforce in terms of safety, productivity, customer service, and training. Have We Complied With Pre- Resolution Process? 19 Pre-Resolution Process Compliance •Early 2021 -Board authorized an appraisal of the Property Interests •May 26, 2021 -Bayside Village given notice of decision to appraise •August 25, 2021 -Appraisal completed and Board authorized staff to make an offer in the full amount of the appraisal pursuant to the requirements of Governmental Code Section 7267.2 •September 7, 2021 -Formal offer communicated to Bayside Village •October 15, 2021 -Board authorized staff to provide Bayside Village with Notice of Intention to Adopt a Resolution of Necessity •December 20, 2021 -New Notice of Intention mailed after mediation efforts were unsuccessful 20 Our Vision ORANGE COUNTY SANITATION DISTRICT WILL BE A LEADER IN: •Providing reliable, responsive, and affordable services in line with customer needs and expectations. •Protecting public health and the environment utilizing all practical and effective means for wastewater, energy, and solids resource recovery. •Continually seeking efficiencies to ensure that the public’s money is wisely spent. •Communicating our mission and strategies with those we serve and all other stakeholders. •Partnering with others to benefit our customers, this region, and our industry. •Creating the best possible workforce in terms of safety, productivity, customer service, and training. Resolution of Necessity Resolution No. OC SAN 22-03 21 Four requirements to be considered to adopt resolution: 1.The public interest and necessity require the proposed project 2.The property is necessary for the proposed project 3.The proposed project is planned in a manner that will be most compatible with the greatest public good and the least private injury 4.An offer to acquire the property in compliance with Government Code Section 7267.2 has been made to the owner of record Resolution of Necessity 22 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; 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. Recommendation 23