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ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19�
AND ATTENDANCE AT PUBLIC MEETINGS
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as
a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor
Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which
temporarily suspend portions of the Brown Act which addresses the conduct of public
meetings.
The General Manager and the Chairman of the Board of Directors have determined that
due to the size of the Orange County Sanitation District'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 Internet accessibility.
PUBLIC PARTICIPATION
Your participation is always welcome. The Board of Directors meeting will be available
to the public online at:
https://ocsd.legistar.com/Calendar.aspx
You may submit your comments and questions in writing for the Board's consideration
in advance of the meeting by using the eComment feature available via the webpage
above or sending them to OCSDClerk(a-),ocsd.com with the subject line "PUBLIC
COMMENT ITEM # (insert the item number relevant to your comment)" or "PUBLIC
COMMENT NON-AGENDA ITEM". Submit your written comments by 6:00 p.m. on
Tuesday, August 25, 2020.
You may also submit comments and questions for the Board's consideration during the
meeting by using the eComment feature that will be available via the webpage above
for the duration of the meeting.
All public comments will be provided to the Board and may be read into the record or
compiled as part of the record.
Thank you.
Serving: Orange County Sanitation District
Anaheim 10844 Ellis Avenue, Fountain Valley,CA 92708
714.962.2411 • www.ocsd.com
Brea
Buena Park August 19, 2020
Cypress
Fountain Valley NOTICE OF REGULAR MEETING
Fullerton
Garden Grove BOARD OF DIRECTORS
Huntington Beach ORANGE COUNTY SANITATION DISTRICT
Irvine
La Habra
La Palma Wednesday, August 26, 2020 — 6:00 P.M.
Los Alamitos
ACCESSIBILITY FOR THE GENERAL PUBLIC
Newport Beach Due to the spread of COVID-19, the Orange County Sanitation District will
Orange be holding all upcoming Board and Committee meetings by
Placentia teleconferencing and Internet accessibility. This meeting will be available
to the public online at:
Santa Ana
Seal Beach https://ocsd.legistar.com/Calendar.aspx
Stanton The Regular Meeting of the Board of Directors of the Orange County Sanitation
Tustin District will be held in the manner indicated above on Wednesday,
Villa Park August 26, 2020 at 6:00 p.m.
County of Orange
Costa Mesa
Sanitary District
Midway City Jerk o e Ooard
Sanitary District
Irvine Ranch
Water District Upcoming Meetings:
Yorba Linda
Water District Steering Committee - Wednesday, September 23, 2020 at 5:00 p.m.
Board Meeting - Wednesday, September 23, 2020 at 6:00 p.m.
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1"E ENv\P Our Mission: To protect public health and the environment by
providing effective wastewater collection, treatment, and recycling.
BOARD MEETING DATES
September 23, 2020
October 28, 2020
November 18, 2020
December 16, 2020
January 27, 2021
February 24, 2021
March 24, 2021
April 28, 2021
May 26, 2021
June 23, 2021
July 28, 2021
August 25, 2021
*Meeting will be held on the third Wednesday of the month
ORANGE COUNTY SANITATION DISTRICT Effective 06/16/2020
BOARD OF DIRECTORS
Complete Roster
ALTERNATE
AGENCY/CITIES ACTIVE DIRECTOR DIRECTOR
Anaheim Lucille Kring Denise Barnes
Brea Glenn Parker Cecilia Hupp
Buena Park Fred Smith Connor Traut
Cypress Mariellen Yarc Stacy Berry
Fountain Valley Steve Nagel Patrick Harper
Fullerton Jesus J. Silva Jan Flory
Garden Grove Steve Jones John O'Neill
Huntington Beach Erik Peterson Lyn Semeta
Irvine Christina Shea Anthony Kuo
La Habra Tim Shaw Rose Espinoza
La Palma Peter Kim Nitesh Patel
Los Alamitos Richard Murphy Dean Grose
Newport Beach Brad Avery Joy Brenner
Orange Mark Murphy Kim Nichols
Placentia Chad Wanke Ward Smith
Santa Ana Nelida Mendoza David Penaloza
Seal Beach Sandra Massa-Lavitt Schelly Sustarsic
Stanton David Shawver Carol Warren
Tustin Allan Bernstein Chuck Puckett
Villa Park Robert Collacott Chad Zimmerman
Sanitary/Water Districts
Costa Mesa Sanitary District James M. Ferryman Bob Ooten
Midway City Sanitary District Andrew Nguyen Margie L. Rice
Irvine Ranch Water District John Withers Douglas Reinhart
Yorba Linda Water District Brooke Jones Phil Hawkins
County Areas
Board of Supervisors Doug Chaffee Donald P. Wagner
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Orange County Sanitation District
BOARD OF DIRECTORS
Regular Meeting Agenda
Wednesday, August 26, 2020 - 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 Sanitation District's Administration Building located
at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District's website at www.ocsd.com
not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda
item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority
of the Board of Directors, are available for public inspection in the office of the Clerk of the Board.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to
be considered or discussed. The recommended action does not indicate what action will be taken. The Board
of Directors may take any action which is deemed appropriate.
MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of
the meeting. Please contact the Clerk of the Board's office at(714) 593-7433 to request the audio file.
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@ocsd.com at least
14 days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg,jherberg@ocsd.com/(714) 593-7300
Asst. General Manager: Lorenzo Tyner, Ityner@ocsd.com/(714)593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsd.com/(714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsd.com/(714)593-7202
Director of Engineering: Kathy Millea, kmillea@ocsd.com/(714) 593-7365
Director of Environmental Services: Lan Wiborg, Iwiborg@ocsd.com/(714) 593-7450
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday,August 26, 2020
CALL TO ORDER
(Board Chairman David Shawver)
INVOCATION AND PLEDGE OF ALLEGIANCE
Sandra Massa-Lavitt (Seal Beach)
ROLL CALL AND DECLARATION OF QUORUM
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. The Board of Directors meeting will be available to the public online at:
https.Ilocsd.legistar.com/Ca/endar.aspx
You may submit your comments and questions in writing for the Board's consideration in advance of the meeting
by using the eComment feature available via the webpage above or sending them to OCSDClerk@ocsd.com with
the subject line "PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)" or "PUBLIC
COMMENT NON-AGENDA ITEM". Submit your written comments by 6:00 p.m. on Tuesday, August 25, 2020.
You may also submit comments and questions for the Board's consideration during the meeting by using the
eComment feature that will be available via the webpage above for the duration of the meeting.
All public comments will be provided to the Board and may be read into the record or compiled as part of the
record.
SPECIAL PRESENTATIONS:
SERVICE AWARDS PRESENTED IN AUGUST 2020:
Kathy Millea, Director of Engineering - 25 years
Shamshad Hyder, Principal Info Tech Analyst - 30 years
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.
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.
1. APPROVAL OF MINUTES 2020-1168
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Board of Directors held July 22, 2020 at
6:00 p.m.
Page 1 of 6
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, August 26, 2020
Originator: Kelly Lore
Attachments: Agenda Report
07-22-2020 Board Meeting Minutes
2. 2020 CONFLICT OF INTEREST CODE 2020-1186
RECOMMENDATION:
Adopt Resolution No. OCSD 20-08 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. OCSD 20-08
2020 DRAFT Conflict of Interest Code
3. REIMBURSEMENT AGREEMENT BETWEEN ORANGE COUNTY 2020-1188
WATER DISTRICT AND ORANGE COUNTY SANITATION DISTRICT
RECOMMENDATION:
Approve Reimbursement Agreement with the Orange County Water District entitled
"Agreement Between the Orange County Sanitation District and the Orange County
Water District", in a form approved by General Counsel, for an estimated amount not to
exceed $72,435, to be reimbursed to the Orange County Sanitation District for
Operator Qualified Inspection Services of the Interplant Digester Gas Pipeline.
Originator: Rob Thompson
Attachments: Agenda Report
OCWD-OCSD Reimbursement Agreement for IDGP
Inspection Services OS
Exhibits Al - A-4
Exhibit B
RECEIVE AND FILE:
4. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH 2O20-1098
OF JULY 2020
RECOMMENDATION: Receive and file the following:
Report of the Investment Transactions for the month of July 2020.
Originator: Lorenzo Tyner
Page 2 of 6
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, August 26, 2020
Attachments: Agenda Report
Investment Transactions for July 2020
5. COMMITTEE MEETING MINUTES 2020-1199
RECOMMENDATION: Receive and file the following:
A. Minutes of the Steering Committee Meeting held June 24, 2020
B. Minutes of the GWRS Steering Committee Meeting held January 13, 2020
Originator: Kelly Lore
Attachments: Agenda Report
06-24-2020 Steering Committee Minutes
01-13-2020 GWRS Steering Committee Meeting Minutes
PUBLIC HEARING:
6. COLLECTION OF SEWER SERVICE CHARGES VIA THE TAX ROLL 2020-1178
RECOMMENDATION:
A. Conduct a public hearing to receive input on a report filed with the Clerk of the
Board entitled: "Sewer Service Charges for Collection on Tax Rolls for Fiscal
Year 2020-21":
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. Unless there is a majority protest, adopt the report, which has the assessor's
parcel numbers and amount of charges for collection on the tax rolls;
C. Adopt Resolution No. OCSD 20-09 entitled "A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Report proposing
to collect Sewer Service Fees on the Tax Roll for Fiscal Year 2020/2021
D. Authorize execution of the "Certification of Assessment";
E. Direct staff to file a certified copy of the adopted Resolution, Report, and the
Certification of Assessment with the County Auditor-Controller; and
F. Direct staff to coordinate collection of sanitary sewer service charges on the
general Orange County tax rolls with the County Auditor-Controller, Assessor,
and Tax Collector.
Page 3 of 6
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, August 26, 2020
Originator: Lorenzo Tyner
Attachments: Agenda Report
Resolution No. OCSD 20-09
Prop 218 Certification of Assessment
Sewer Service Fees to be Collected on the Property Tax Bill
OPERATIONS COMMITTEE:
None.
ADMINISTRATION COMMITTEE:
None.
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
None.
STEERING COMMITTEE:
7. GENERAL MANAGER'S FISCAL YEAR 2020-21 WORK PLAN 2020-1221
RECOMMENDATION:
Receive and file the General Manager's Fiscal Year 2020-21 Work Plan.
Originator: Jim Herberg
Attachments: Agenda Report
General Manager's FY 2020-21 Work Plan
2020 Strategic Plan
8. WATER UCI INDUSTRY UNIVERSITY RESEARCH CENTER ANALYSIS 2020-1222
RECOMMENDATION:
Authorize the General Manager to enter into an agreement with the University of
California, Irvine (UCI) and the UCI Foundation with a contribution of $50,000 for the
Sewershed-scale analysis of perfluorinated compounds in wastewater in partnership
with the Orange County Water District, Irvine Ranch Water District, Santa Margarita
Water District, and Moulton Niguel Water District; in a form approved by General
Counsel.
Originator: Jim Herberg
Attachments: Agenda Report
Water UCI - Full Proposal
Water UCI - OCSD Draft Agreement 8-3-20
Page 4 of 6
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, August 26, 2020
9. GENERAL MANAGER'S COMPENSATION AND BENEFITS 2020-1223
RECOMMENDATION:
Approve a performance-based merit increase of 2.5% for the General Manager based
on Fiscal Year 2019/2020 job performance, as authorized in Resolution No. OCSD
19-12.
Originator: Celia Chandler
Attachments: Agenda Report
Resolution No. OCSD 19-12
GM Salary Schedules (FY 2019-20 to FY 2021-22)
At Will Employment Agreement-James Herberg
NON-CONSENT:
INFORMATION ITEMS:
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 LEGAL COUNSEL RE ANTICIPATED 2020-1194
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Initiation of litigation regarding development fees and conditions at Project OCSD
Headquarters Building: City of Fountain Valley
Attachments: Agenda Report
Memo from General Counsel
Page 5 of 6
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, August 26, 2020
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 September
23, 2020 at 6:00 p.m.
Page 6 of 6
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BOARD OF DIRECTORS (714)593 7433
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Agenda Report
File #: 2020-1168 Agenda Date: 8/26/2020 Agenda Item No: 1.
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 Regular Meeting of the Board of Directors held July 22, 2020 at 6.00 p.m.
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. OCSD 19-19
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Minutes of the Board of Directors Meeting held July 22, 2020
Orange County Sanitation District Page 1 of 1 Printed on 8/19/2020
powered by LegistarTM
ORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
J U LY 227 2020
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Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes July 22, 2020
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman David Shawver on July 22, 2020 at 6:05 p.m. in the
Administration Building. Director Mendoza delivered the invocation and led the Pledge of
Allegiance. Chair Shawver announced that the meeting was being held telephonically and via
audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20,
due to the Coronavirus Pandemic (COVID-19).
The Clerk of the Board announced the teleconference meeting guidelines and stated that
votes will be taken by roll call.
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring,
Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard
Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson,
Tim Shaw, David Shawver, Christina Shea, Jesus Silva, Fred Smith,
Chad Wanke, John Withers and Mariellen Yarc
ABSENT: None
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the
Board; Al Garcia; and Tyler Ramirez were present in the Board Room. Assistant General
Manager Lorenzo Tyner; Assistant General Manager Rob Thompson; Director of Engineering
Kathy Millea; Director of Environmental Services Lan Wiborg; Director of Human Resources
Celia Chandler; Janine Aguilar; Stephanie Barron; Jennifer Cabral; Brian Engeln; Tom Grant;
Laurie Klinger; Tina Knapp; Laura Maravilla; and Jeff Mohr participated telephonically.
OTHERS PRESENT: Brad Hogin (General Counsel) was present in the Board Room.
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS:
SERVICE AWARDS PRESENTED IN JULY 2020:
Angela Brandt, Accounting Supervisor - 20 years
Jeff Brown, Senior Engineer - 25 years
Peter Cheffs, Lead Mechanic - 25 years
Rob Thompson, Assistant General Manager - 25 years
Pongsakdi Cady, IT Supervisor - 30 years
Mr. Herberg presented a 25-year Employee Service Award to Assistant General Manager
Rob Thompson.
Page 1 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
REPORTS:
Chair Shawver stated that employees with 20, 25 and 30 years of service will now be listed on
the Board of Directors meeting agenda as a way to acknowledge them for their dedicated
service to OCSD.
Chair Shawver informed the Board that talking points regarding OCSD activities will be
provided after each Board meeting to refer to while reporting to their agencies.
Chair Shawver announced that the Administration, Operations and Legislative and Public
Affairs Committees will be dark in August. The Steering Committee and Board of
Directors meeting will take place at its regular date and time and will be held remotely.
General Manager Herberg stated that he will continue to send a weekly COVID-19 update
through this pandemic. He reported that while operations remain stable and steady,
unfortunately, a total of eight employees have tested positive. Of the eight, five have returned
to work after being cleared by their physician and OCSD. Mr. Herberg stated that
safeguarding the health and well-being of the employees continues to be his highest priority.
Mr. Herberg provided a report on a recently released Heal the Bay 2019-2020 beach report
card where 95 percent of the Orange County beaches received above average grades during
dry-season.
Mr. Herberg reported on is recent presentation to the Association of California Cities - Orange
County's (ACC-OC) Energy, Environment & Water Committee on OCSD's resilience efforts
and COVID-19 response plan; and Assistant General Manager Rob Thompson' presented
OCSD's COVID-19 response on a CASA and CWEA webinar.
Mr. Herberg reported on the first OCSD virtual tour and announced that OCSD and OCWD
will be hosting the first virtual GWRS tour on Friday July 31 and August 19 at 10 a.m. If you
need that information, please contact our Clerk of the Board.
At the suggestion of Director Wanke, Mr. Herberg stated that OCSD is pursing direct access
to purchase energy on the open market through a lottery system which could potentially save
several hundred thousand dollars in electricity costs.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2020-1113
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Board of Directors held June 24, 2020.
Page 2 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
AYES: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James
Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring,
Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard
Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson,
Tim Shaw, David Shawver, Christina Shea, Jesus Silva, Fred Smith,
Chad Wanke, John Withers and Mariellen Yarc
NOES: None
ABSENT: None
ABSTENTIONS: None
RECEIVE AND FILE:
2. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH 2O20-909
OF JUNE 2020
Originator: Lorenzo Tyner
WITHOUT OBJECTION, ACTION TAKEN TO:
Report of the Investment Transactions for the month of June 2020.
3. COMMITTEE MEETING MINUTES 2020-1129
Originator: Kelly Lore
WITHOUT OBJECTION, ACTION TAKEN TO:
A. Minutes of the Legislative and Public Affairs Committee held March 9, 2020
B. Minutes of the Steering Committee Meeting held May 27, 2020
C. Minutes of the Operations Committee Meeting held June 3, 2020
D. Minutes of the Administration Committee Meeting held June 10, 2020
OPERATIONS COMMITTEE:
4. NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2020-1150
2, PROJECT NO. J-127
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 3 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
A. Receive and file Bid Tabulation and Recommendation for Natural Gas Pipelines
Replacement at Plant Nos. 1 and 2, Project No. J-127;
B. Reject the bid from apparent low bidder, Well Anchored Inc., as non-responsive;
C. Award a Construction Contract to Innovative Construction Solutions for Natural
Gas Pipelines Replacement at Plant Nos. 1 and 2, Project No. J-127, for a total
amount not to exceed $745,500-1 and
D. Approve a contingency of $74,550 (10%)
AYES: Brad Avery, Allan Bernstein, Robert Collacott, James Ferryman,
Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Jesus Silva, Fred Smith, Chad Wanke and John
Withers
NOES: None
ABSENT: Doug Chaffee, Steve Jones, Nelida Mendoza, Richard Murphy, Steve
Nagel, Christina Shea and Mariellen Yarc
ABSTENTIONS: None
5. EXTENSION OF COVID-19 DISINFECTING JANITORIAL SERVICES 2020-1151
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a Sole Source Purchase Order Contract Change Order to Contract P.O.
134070-OS with Gamboa Services, Inc. DBA Corporate Image Maintenance, extending
the COVID-19 disinfecting janitorial services at Plant No. 1 and Plant No. 2, from
August 1, 2020 through January 31, 2021, for a total change order amount not to
exceed $140,400, total Purchase Order contract amount not to exceed $236,250.
AYES: Brad Avery, Allan Bernstein, Robert Collacott, James Ferryman,
Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Jesus Silva, Fred Smith, Chad Wanke and John
Withers
NOES: None
ABSENT: Doug Chaffee, Steve Jones, Nelida Mendoza, Richard Murphy, Steve
Nagel, Christina Shea and Mariellen Yarc
ABSTENTIONS: None
6. SHALLOW REBAR REPAIR SERVICES 2020-1152
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Page 4 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
A. Approve a Purchase Order service contract to Tharsos Inc. to provide Shallow
Rebar Repair Services, per Specification No. S-2020-1161 BD, for a total amount
not to exceed $272,797 for the period beginning August 1, 2020 through July 31,
2021, with four, one-year renewal options; and
B. Approve an annual contingency of $13,640 (5%).
AYES: Brad Avery, Allan Bernstein, Robert Collacott, James Ferryman,
Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Jesus Silva, Fred Smith, Chad Wanke and John
Withers
NOES: None
ABSENT: Doug Chaffee, Steve Jones, Nelida Mendoza, Richard Murphy, Steve
Nagel, Christina Shea and Mariellen Yarc
ABSTENTIONS: None
7. PLANT NO. 1 SUNFLOWER PUMP NO. 2 GEAR DRIVE 2020-1153
REPLACEMENT
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
A. Award a Sole Source Purchase Order Contract to Nuttall Gear for the purchase
of a Nuttall Gear Drive T/25 unit for Plant No. 1 Sunflower Pump Station, for a
total amount not to exceed $198,610, plus applicable tax and freight, and
B. Approve a contingency of $9,931 (5%).
AYES: Brad Avery, Allan Bernstein, Robert Collacott, James Ferryman,
Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Jesus Silva, Fred Smith, Chad Wanke and John
Withers
NOES: None
ABSENT: Doug Chaffee, Steve Jones, Nelida Mendoza, Richard Murphy, Steve
Nagel, Christina Shea and Mariellen Yarc
ABSTENTIONS: None
8. REHABILITATION OF SIXTEEN RECTANGULAR CLARIFIERS AT 2020-1154
PLANT NO. 1
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Page 5 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
A. Award a service contract to J.R. Filanc Construction Company, Inc. for the
mechanical rehabilitation and overhaul of sixteen rectangular primary clarifier
tanks at Plant No. 1, Specification No. S-2020-114813D, for a total amount not to
exceed $1,319,313-1 and
B. Approve a contingency of $131,932 (10%).
AYES: Brad Avery, Allan Bernstein, Robert Collacott, James Ferryman,
Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Jesus Silva, Fred Smith, Chad Wanke and John
Withers
NOES: None
ABSENT: Doug Chaffee, Steve Jones, Nelida Mendoza, Richard Murphy, Steve
Nagel, Christina Shea and Mariellen Yarc
ABSTENTIONS: None
9. HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. 2020-1155
P1-105
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OCSD 20-05 entitled, "A Resolution of the Board of Directors of
the Orange County Sanitation District, making findings pursuant to Public Contract
Code Section 3400 in support of the sole source specification of SUEZ Water
Technologies & Solutions for refurbishing four existing bar screens and for furnishing
two new bar screens for Headworks Rehabilitation at Plant No. 1, Project No. P1-105".
AYES: Brad Avery, Allan Bernstein, Robert Collacott, James Ferryman,
Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Jesus Silva, Fred Smith, Chad Wanke and John
Withers
NOES: None
ABSENT: Doug Chaffee, Steve Jones, Nelida Mendoza, Richard Murphy, Steve
Nagel, Christina Shea and Mariellen Yarc
ABSTENTIONS: None
10. HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. 2020-1158
P1-105
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 6 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
Adopt Resolution No. OCSD 20-06 entitled, "A Resolution of the Board of Directors of
the Orange County Sanitation District, making findings pursuant to Public Contract
Code Section 3400 in support of the sole source specification of Huber Technology for
grit washing and dewatering systems for Headworks Rehabilitation at Plant No. 1,
Project No. P1-105".
AYES: Brad Avery, Allan Bernstein, Robert Collacott, James Ferryman,
Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Jesus Silva, Fred Smith, Chad Wanke and John
Withers
NOES: None
ABSENT: Doug Chaffee, Steve Jones, Nelida Mendoza, Richard Murphy, Steve
Nagel, Christina Shea and Mariellen Yarc
ABSTENTIONS: None
11. A-SIDE PRIMARY TREATMENT CLARIFIERS REPLACEMENT AT 2020-1156
PLANT NO. 2, PROJECT NO. P2-98A
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OCSD 20-07 entitled, "A Resolution of the Board of Directors of
the Orange County Sanitation District, making findings pursuant to Public Contract
Code Section 3400 in support of the Sole Source Specification of Hallsten Corporation,
manufacturer of Truss Supported Flat Aluminum Covers for A-Side Primary Clarifiers
Replacement at Plant No. 2, Project No. P2-98A, as part of Primary Treatment
Rehabilitation at Plant No. 2, Project No. P2-98".
AYES: Brad Avery, Allan Bernstein, Robert Collacott, James Ferryman,
Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Jesus Silva, Fred Smith, Chad Wanke and John
Withers
NOES: None
ABSENT: Doug Chaffee, Steve Jones, Nelida Mendoza, Richard Murphy, Steve
Nagel, Christina Shea and Mariellen Yarc
ABSTENTIONS: None
12. TPAD DIGESTER FACILITY AT PLANT NO. 2, PROJECT NO. P2-128 2020-1159
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 7 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
A. Approve a Professional Design Services Agreement with Brown and Caldwell to
provide engineering services for Temperature Phased Anaerobic Digestion
(TPAD) Digester Facility at Plant No. 2, Project No. P2-128, for an amount not to
exceed $39,300,000-1 and
B. Approve a contingency of $3,930,000 (10%).
AYES: Brad Avery, Allan Bernstein, Robert Collacott, James Ferryman,
Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark
Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Jesus Silva, Fred Smith, Chad Wanke and John
Withers
NOES: None
ABSENT: Doug Chaffee, Steve Jones, Nelida Mendoza, Richard Murphy, Steve
Nagel, Christina Shea and Mariellen Yarc
ABSTENTIONS: None
ADMINISTRATION COMMITTEE:
13. PROPERTY MANAGEMENT SERVICES FOR 18350 MT. LANGLEY 2020-1161
STREET AND 18368-18375-18381-18384 BANDILIER CIRCLE,
FOUNTAIN VALLEY
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Amendment No. 4 of the sole source agreement with The Muller Company for
Property Management Services for 18350 Mt. Langley Street and 18368- 18375-
18381- 18384 Bandilier Circle in Fountain Valley for the period of September 1, 2020
through June 30, 2021 for a management fee of $3,200 per month plus other incurred
expenses, including an additional renewal period of six months.
AYES: Brad Avery, Allan Bernstein, Robert Collacott, Brooke Jones, Peter
Kim, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver,
Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen
Yarc
NOES: None
ABSENT: Doug Chaffee, James Ferryman, Steve Jones, Lucille Kring, Richard
Murphy, Steve Nagel and Christina Shea
ABSTENTIONS: None
14. GENERAL MANAGER AUTHORITY TO TERMINATE LEASE 2020-1162
AGREEMENTS AT 18350 MT. LANGLEY STREET AND 18368
BANDILIER CIRCLE, FOUNTAIN VALLEY
Originator: Lorenzo Tyner
Page 8 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
MOVED, SECONDED, AND DULY CARRIED TO:
Authorize the General Manager to terminate lease agreements at his discretion for the
following tenants at 18350 Mt. Langley Street and 18368 Bandilier Circle in Fountain
Valley, for the period of July 1, 2020 through June 30, 2021:
Lessee Property Suites Expiration
Kroll/On Track 18350 Mt. Langley Street 110 06/30/2021
Western Youth Services 18350 Mt. Langley Street 200, 206, 215, 220 05/30/2021
Atlantic-Pacific Processing 18350 Mt. Langley Street 205, 210 11/30/2021
United Family 18350 Mt. Langley Street 209 03/04/2021
De La Rosa Maintenance 18368 Bandilier Circle 01/31/2023
Contractors
AYES: Brad Avery, Allan Bernstein, Robert Collacott, Brooke Jones, Peter
Kim, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver,
Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen
Yarc
NOES: None
ABSENT: Doug Chaffee, James Ferryman, Steve Jones, Lucille Kring, Richard
Murphy, Steve Nagel and Christina Shea
ABSTENTIONS: None
15. 2021 BENEFITS INSURANCE RENEWAL 2020-1163
Originator: Celia Chandler
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the Orange County Sanitation District 2021 Benefits Insurance Renewal for
the amount of $12,953,965 for active employees and $958,858 for retiree-paid health
premiums, for an overall not-to-exceed amount of $13,912,823, as specified below:
A. WORKTERRA (medical, dental, and vision plans; and Employee Assistance
Program [EAP]) - Not to Exceed $12,184,838;
B. Prudential (basic life, short- and long-term disability) - Not to Exceed $718,480;
C. The Standard (EMT & Manager disability) - Not to Exceed $30,000;
D. BenefitWallet (Health Savings Accounts [HSA]) - Not to Exceed $20,647;
E. WORKTERRA (additional retiree costs, recouped from retirees through premium
payments) - Not to Exceed $958,858; and
F. Approve a contingency of $695,641 (5%).
Page 9 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
AYES: Brad Avery, Allan Bernstein, Robert Collacott, Brooke Jones, Peter
Kim, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver,
Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen
Ya rc
NOES: None
ABSENT: Doug Chaffee, James Ferryman, Steve Jones, Lucille Kring, Richard
Murphy, Steve Nagel and Christina Shea
ABSTENTIONS: None
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
16. PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF MARCH 2O20-1173
THROUGH JUNE 2020
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the months of March through June 2020.
AYES: Brad Avery, Allan Bernstein, Robert Collacott, Brooke Jones, Peter
Kim, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver,
Jesus Silva, Fred Smith and Chad Wanke
NOES: None
ABSENT: Doug Chaffee, James Ferryman, Steve Jones, Lucille Kring, Richard
Murphy, Steve Nagel, Christina Shea, John Withers and Mariellen
Ya rc
ABSTENTIONS: None
17. PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2020-2022 2020-1174
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the Public Affairs Strategic Plan for Fiscal Years 2020 - 2022.
AYES: Brad Avery, Allan Bernstein, Robert Collacott, Brooke Jones, Peter
Kim, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver,
Jesus Silva, Fred Smith and Chad Wanke
NOES: None
ABSENT: Doug Chaffee, James Ferryman, Steve Jones, Lucille Kring, Richard
Murphy, Steve Nagel, Christina Shea, John Withers and Mariellen
Ya rc
ABSTENTIONS: None
Page 10 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
18. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF MARCH 2O20-1175
THROUGH JUNE 2020
Originator: Jim Herberg
MOVED, SECONDED AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the months of March through June
2020.
AYES: Brad Avery, Allan Bernstein, Robert Collacott, Brooke Jones, Peter
Kim, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver,
Jesus Silva, Fred Smith and Chad Wanke
NOES: None
ABSENT: Doug Chaffee, James Ferryman, Steve Jones, Lucille Kring, Richard
Murphy, Steve Nagel, Christina Shea, John Withers and Mariellen
Ya rc
ABSTENTIONS: None
STEERING COMMITTEE:
19. JOINT POWERS AGREEMENT, SOUTHERN CALIFORNIA COASTAL 2020-1176
WATER RESEARCH PROJECT AUTHORITY (SCCWRP)
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
A. Adopt Resolution No. OCSD 20-04 entitled, "A Resolution of the Board of
Directors of the Orange County Sanitation District approving the Tenth Amended
Joint Powers Agreement confirming the creation of the agency known as
Southern California Coastal Water Research Project Authority (SCCWRP),
providing for continuation of SCCWRP for five years from July 1, 2021 through
June 30, 2026"; and
B. Approve annual funding in the amount of $515,000 for FY 2021/22; $530,450 for
FY 2022/23; $546,363 for FY 2023/24; $562,754 for FY 2024/25; and $579,637
for FY 2025/26.
AYES: Brad Avery, Allan Bernstein, Robert Collacott, Brooke Jones, Peter
Kim, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Andrew
Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver,
Christina Shea, Jesus Silva, Fred Smith, Chad Wanke and Mariellen
Ya rc
NOES: None
ABSENT: Doug Chaffee, James Ferryman, Steve Jones, Lucille Kring, Richard
Murphy, Steve Nagel and John Withers
Page 11 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
ABSTENTIONS: None
NON-CONSENT:
None.
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(1), 54956.9(d)(4) & 54957(b)(1):
The Board convened in closed session at 6:33 p.m. to discuss two items. Item CS-1 was not
heard. Confidential minutes of the Closed Session have been prepared in accordance with
the above Government Code Sections and are maintained by the Clerk of the Board in the
Official Book of Confidential Minutes of Board and Committee Closed Session Meetings.
CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - 2020-1170
GOVERNMENT CODE SECTION 54956.9(D)(1)
ITEM NOT HEARD
Number of Cases: 1
Victor Garcia vs. OCSD, Workers Compensation Appeals Board Case No.
WC648C32852
CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2020-1171
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Initiation of litigation regarding development fees and conditions at Project OCSD
Headquarters Building: City of Fountain Valley
CS-3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1) 2020-1172
CONVENED IN CLOSED SESSION:
Page 12 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
Public Employee Performance Evaluation
Number of Employees: 1
• General Manager
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 6:46 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:
Clerk's Note: Due to an unknown technical difficulty during the meeting, Board members who
were visibly in attendance were unable to be heard during the vote on several items.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Shawver acknowledged the passing of longtime board member and former Board
Chairman John Collins who recently passed away.
He stated that John was first appointed to the County Sanitation Districts of Orange County
(CSDOC) Board in 1991 as a Director for Districts 1 and 2. In 1996 he was elected Joint
Board Chairman where he served for 2 years. John assisted with the transition to OCSD in
1998. Continuing to 2006 John served as Director and Alternate Director and was appointed
to: the Planning Design Committee; the GWRS Committee where he served as Vice-Chair;
the Ad Hoc Committee re: Strategic Plan; and the Steering Committee.
Chair Shawver stated that John was a valued member of our Board for many years and a
valued member of the Fountain Valley community. He was a dedicated and committed public
servant who served the City of Fountain Valley as Mayor for a record setting seven times; and
was on the City Council for 28 years. John will be deeply missed.
At 6:49 p.m., Chair Shawver adjourned the meeting until the Regular Meeting of the Board of
Directors to be held on August 26, 2020 at 6:00 p.m. in memory of former Board Chairman
John Collins.
Page 13 of 14
BOARD OF DIRECTORS Minutes July 22, 2020
Submitted by:
Kelly A. Lore, MMC
Clerk of the Board
Page 14 of 14
oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
BOARD OF DIRECTORS (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1186 Agenda Date: 8/26/2020 Agenda Item No: 2.
FROM: James D. Herberg, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
2020 CONFLICT OF INTEREST CODE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Adopt Resolution No. OCSD 20-08 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 2020). The last biennial review was
completed in April 2018, with a formal amendment to the Orange County Sanitation District's Conflict
of Interest Code completed in November 2019. 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 2020 Conflict of Interest Code which
reflect the following changes:
Orange County Sanitation District Page 1 of 2 Printed on 8/19/2020
powered by LegistarTM
File #: 2020-1186 Agenda Date: 8/26/2020 Agenda Item No: 2.
• Addition of the following new positions: Senior Cost Estimator, Source Control Inspector I, and
Source Control Inspector II
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
November 2019 - Board of Directors amended the Conflict of Interest Code and approved Resolution
No. OCSD 19-18.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Resolution No. OCSD 20-08
• 2020 DRAFT Conflict of Interest Code
Orange County Sanitation District Page 2 of 2 Printed on 8/19/2020
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RESOLUTION NO. OCSD 20-08
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:
OCSD 20-08-1
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 2019 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 August 26, 2020.
David John Shawver
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
OCSD 20-08-2
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. OCSD 20-08 was passed and
adopted at a regular meeting of said Board on the 26th day of August 2020, 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 August 2020.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 20-08-3
2020 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 (Sanitation District).
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 Sanitation District's Filing Officer (Clerk of the Orange County
Sanitation District Board of Directors) will thereafter verify the completion of the filing
statements. If the Sanitation District'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.
OCSD 20-XX-1
Statements for all other designated employees will be retained by the Sanitation District's
Filing Officer.
OCSD 20-XX-2
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 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
Materials Control Supervisor OC-05
OCSD 20-XX-3
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 Human Resources Analyst OC-11
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 addition OC-41
Senior Engineer OC-05
Senior Scientist OC-21
Source Control Supervisor OC-29
*Source Control Inspector I and II addition OC-29
Treasurer of the Orange County Financing Corporation OC-41
*The following amendments are made:
ADDITIONS:
Senior Cost Estimator
Source Control Inspector I and II
OCSD 20-XX-4
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 the Sanitation District'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 the Sanitation District.
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 the Sanitation District.
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 the Sanitation District.
OC-11 All interests in real property in Orange County or located entirely or
partly within the Sanitation District'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 the Sanitation District'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 the
Sanitation District.
OCSD 20-XX-5
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 the Sanitation District.
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 the Sanitation District.
OCSD 20-XX-6
oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
BOARD OF DIRECTORS (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1188 Agenda Date: 8/26/2020 Agenda Item No: 3.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
REIMBURSEMENT AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT AND
ORANGE COUNTY SANITATION DISTRICT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve Reimbursement Agreement with the Orange County Water District entitled "Agreement
Between the Orange County Sanitation District and the Orange County Water District", in a form
approved by General Counsel, for an estimated amount not to exceed $72,435, to be reimbursed to
the Orange County Sanitation District for Operator Qualified Inspection Services of the Interplant
Digester Gas Pipeline.
BACKGROUND
The Interplant Digester Gas Pipeline (IDGP) was installed in 1993 to connect Plant No. 1 and Plant
No. 2 with the dual purpose of providing both gas transmission between the plants and gas storage.
The IDGP is approximately 20,160 linear feet in length and the original steel pipeline ranges from 12
to 18 inches in diameter. In 2013, the interplant gas line was permitted by the Department of
Transportation for an operator ID with Pipeline and Hazardous Materials Safety Administration
(PHMSA) as per 49 CFR 192 which requires Operator Qualified (OQ) staff to conduct or oversee all
work such as operation, inspection, or construction.
The Orange County Water District (OCWD) is constructing water conveyance and storage in the
northern section of the Orange County Sanitation District's (Sanitation District) Plant No. 2 for the
Final Expansion of the Ground Water Replenishment System (GWRS). As part of the OCWD project,
OQ inspection will be required for all excavation in the vicinity of the Interplant Digester Gas Pipeline.
Planned work in the vicinity of the IDGP includes:
• Constructing a new weir box at Plant No. 2 that is located within 10 feet of the IDGP (Exhibit
A-1 OCWD GWRS Contract 1 Work).
• Constructing a new 60-inch steel pipeline from the new OCWD pump station at Plant No. 2 to
connect to the Sanitation District's existing 66-inch interplant effluent pipeline (Exhibit A-2
OCWD GWRS Contract 1 Work).
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File #: 2020-1188 Agenda Date: 8/26/2020 Agenda Item No: 3.
• Constructing a new 84-inch steel pipeline that feeds the new OCWD pump station at Plant No.
2 (Exhibit A-3 OCWD GWRS Contract 1 Work).
• Constructing a new 66-inch steel pipeline that will connect to the Sanitation District's existing
66-inch interplant effluent pipeline south of Garfield Avenue and the Sanitation District's
effluent junction box (Exhibit A-4 OCWD GWRS Contract 1 Work).
• Rehabilitating approximately 15,700 linear feet of OCSD's existing 66-inch diameter interplant
effluent pipeline that is leased to OCWD (Exhibit B OCWD Groundwater Replenishment
System GWRS) for Final Expansion Contract 2 Work.
It is beneficial to both parties for the Sanitation District to coordinate Department of Transportation
OQ inspections services for OCWD Projects with the Sanitation District's current gas line safety
consultant Liberty Energy Services. Liberty Energy Services has seven years of experience assisting
the Sanitation District in overseeing and operating the IDGP and serves as an independent third
party whose primary interest is to protect the Sanitation District and the public. The Sanitation
District and OCWD will work cooperatively so the IDGP inspection can occur in a manner that
minimizes the costs and risk to the public.
RELEVANT STANDARDS
• Protect Orange County Sanitation District assets
• Comply with environmental permit requirements
• Commitment to safety & reducing risk in all operations
PROBLEM
If an Agreement is not established with OCWD to reimburse the Sanitation District for the IDGP
Pipeline OQ inspections during the expansion project, the Sanitation District may be responsible to
pay for oversight costs associated with OQ inspections. OQ inspections are necessary to prevent
violation of the PHMSA article 49 CFR 192, which requires OQ staff to conduct or oversee all work
such as operation, inspection, or construction.
PROPOSED SOLUTION
Approve the Reimbursement Agreement between OCWD and the Sanitation District.
TIMING CONCERNS
OCWD project commenced this fiscal year, FY 2020-21.
RAMIFICATIONS OF NOT TAKING ACTION
Not taking action will delay the OCWD expansion project.
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File #: 2020-1188 Agenda Date: 8/26/2020 Agenda Item No: 3.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted FY 2020-21 (Line item: Section 5, Page 4, Contractual Services).
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Reimbursement Agreement
• Exhibits A-1 - A-4
• Exhibit B
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AGREEMENT
BETWEEN THE ORANGE COUNTY SANITATION DISTRICT AND THE
ORANGE COUNTY WATER DISTRICT
THIS AGREEMENT ("Agreement"), is made and entered into on this day of
2020, by and between the:
ORANGE COUNTY SANITATION DISTRICT, a
County Sanitation District, hereinafter referred to as
"OCSD";
AND
Orange County Water District,hereinafter referred to
as "OCWD."
OCSD and OCWD are sometimes hereinafter individually referred to as "Party" and
hereinafter collectively referred to as "Parties."
RECITALS
WHEREAS, OCSD owns, operates and maintains an Interplant Digester Gas Pipeline
(IDGP) within the Santa Ana River Right-of-Way between Plant 1 and Plant 2; and
WHEREAS, the IDGP (shown as 18" HPDG) was installed in 1993 to connect the Plant
1 and Plant 2 (see Exhibit B) power generation plants with the dual purpose of providing gas
transmission and gas storage. The IDGP is approximately 20,160 linear feet in length and the
original steel pipeline ranges from 12 to 18 inches in diameter. In 2013, the interplant gas line was
permitted for an operator ID with Pipeline and Hazardous Materials Safety Administration
(PHMSA) as per 49 CFR 192 which requires Operator Qualified(OQ) staff to conduct or oversee
all work such as operating, inspection, or construction.
WHEREAS,within the same vicinity as the IDGP, OCWD is (1) constructing a new weir
box at Plant 2 that is located within 10 feet of the IDGP (Exhibit A-1 OCWD GWRS Contract 1
Work); (2) constructing a new 60 inch steel pipeline from the new OCWD Pump Station at Plant
2 to connect to OCSD's existing 66-inch interplant effluent pipeline (Exhibit A-2 OCWD GWRS
Contract 1 Work); (3) constructing a new 84-inch steel pipeline that feeds the new OCWD Pump
Station at Plant 2 (Exhibit A-3 OCWD GWRS Contract 1 Work); (4) constructing a new 66 inch
steel pipeline that will connect to OCSD's existing 66-inch interplant effluent pipeline south of
Garfield Avenue and OCSD's Effluent Junction Box (Exhibit A-4 OCWD GWRS Contract 1
Work); (5) rehabilitating approximately 15,700 linear feet of OCSD's existing 66-inch diameter
interplant effluent pipeline that is leased to OCWD (Exhibit B OCWD Groundwater
Replenishment System (GWRS) Final Expansion Contract 2 Work); and collectively, these
projects shall be referred hereinafter as the "OCWD Projects" and are further described and
depicted in Exhibits A-1, A-2, A-3, A-4 and B which are attached hereto and incorporated herein
by reference; and
1
1508623.1
WHEREAS, the OCSD IDGP and the OCWD Projects are in the same vicinity, it is
advantageous to both Parties for OCSD to coordinate Department of Transportation (DOT) OQ
inspections services for OCWD Projects with OCSD's current gas line consultant or other OCSD
approved consultant with the correct qualifications; and
WHEREAS, OCWD agrees to administer and manage a construction contract for the
construction of the OCWD Projects; and
WHEREAS, OCSD agrees to administer and manage a contract for the inspection of the
IDGP during OCWD Projects; and
WHEREAS, the cost reimbursement allocation for IDGP inspection during OCWD
Projects shall be as set forth herein below; and
WHEREAS,the Parties agree to enter into an Agreement for the work associated with the
IDGP inspection in a manner and subject to the terms and conditions set forth below;
NOW,THEREFORE,in consideration of the mutual promises set forth herein,the Parties
hereto agree as follows:
Section 1: Recitals. The Recitals above are deemed true and correct, are hereby
incorporated in this Section as though fully set forth herein, and each Party to this Agreement
acknowledges and agrees that they are bound by the same.
Section 2: Elements of Agreement. OCSD and OCWD will work cooperatively
together so the IDGP inspection can occur in a manner that minimizes the costs and impacts to the
public. The specific terms and conditions governing the elements of this Agreement are set forth
hereinafter.
Section 3: OCSD's Specific Obligations.
A. OCSD will provide OQ inspections, records, reports any time the IDGP is
exposed or at risk.
B. OCSD will respond to OCWD's request for an inspection of the IDGP
within two(2)working days. OCSD,its agents and contractor shall provide
DOT Operator Qualified Inspector to perform condition assessment and
monitor OCSD's IDGP when OCWD Projects contractors are working near
the IDGP.
C. In the case that OCSD's contractor is unavailable to provide inspection
services, OCSD will allow OCWD to procur and provide their own, of
similar qualifications. This is in the interest of not-delaying the contractor
that is constructing the OCWD Projects.
2
1508623.1
Section 4: OCWD's Specific Obligations.
A. OCWD will coordinate and notify OCSD about the OCWD Projects work
near the IDGP.
B. OCWD agrees to reimburse OCSD for the cost of having a DOT Operator
Qualified Inspector onsite when the OCWD Projects contractors work near
or expose the IDGP.
C. OCWD will provide a minimum of 10 working days notice for OCSD to
secure the service of a DOT Operator Qualified Inspector.
D. OCWD will reimburse OCSD for any associated Idle or Standby time for
the Construction Inspector, that shall be billed at the standard hourly rate.
E. OCWD will notify OCSD of work near the IDGP and provide inspection
reports to OCSD if OCWD contracts directly with an approved DOT
Operator Qualified Inspector.
Section 5: Reimbursement and Total Costs.
OCWD will reimburse OCSD hereunder for the IDGP DOT Operator Qualified
inspection services during OCWD Projects, which shall not exceed Seventy Five Thousand
dollars ($75,000)unless otherwise approved by OCWD by amendment of this Agreement.
Section 6: Timing of Reimbursement.
For each progress payment made by OCSD to its DOT Operator Qualified Inspector
consultant or contractor, OCSD shall submit an invoice to the OCWD, accompanied by all
supporting documentation. OCWD will review the progress payment request and provide OCSD
with any comments within ten(10)working days. After the invoice is approved by the OCWD,
OCWD shall pay OCSD within forty-five (45) days of OCWD's receipt of invoices and
supporting documentation
Section 7: Indemnification.
A. OCSD will indemnify, defend and hold OCWD, its officers, agents,
employees, and consultants harmless from any and all actions, suits,claims,
liability or expense for death, injury, loss, or damage to persons or property
which may arise or is claimed to have arisen during the IDGP inspection
services, as a result of any work or action performed by or on behalf of
OCSD, its officers, agents, employees or consultants, save and except in
those instances where such expense, liability or claim is solely caused by
any act, omission, or negligence of OCWD, its officers, agents, employees
or consultants.
3
1508623.1
B. OCWD will indemnify, defend and hold OCSD, its elected and appointed
officials, officers, agents, employees, and consultants, harmless from any
and all actions, suits, claims, liability or expense for death, injury, loss or
damage to persons or property which may arise or is claimed to have arisen
as a result of any act performed by OCWD, its officers, agents, employees
or consultants,with respect to the construction of OCWD Projects, save and
except in those instances where such expense, liability or claim is solely
caused by any act, omission or negligence of OCSD, its officers, agents,
employees or consultants. OCWD will also indemnify, defend and hold
OCSD, its elected and appointed officials, officers, agents, employees, and
consultants, harmless from any and all actions, suits, claims, liability, cost
or expense which may arise or is claimed to have arisen as a result of
OCWD's denial of any change order or part thereof.
Section 8: Term. This Agreement will be in full force and effect from the date first above
written until the specified obligations of both Parties have been fulfilled.
Section 9: Agents. Any contractor or subcontractor performing work in connection with
the work described herein on behalf of either Party will be conclusively deemed to be the servant
and agent of each respective Party employing said contractor or subcontractors hereof, acting on
behalf and within the scope of such contractor and subcontractor employment for said Party.
Section 10: Notices. All notices or other communications required or permitted hereunder
will be in writing and will be personally delivered or sent by registered or certified mail, postage
prepaid, return receipt requested, delivered or sent by electronic transmission, and will be deemed
received upon the earlier of. (i) the date of delivery to the address of the person to receive such
notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days
after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by
electronic transmission. Any notice, request, demand, direction, or other communication sent by
electronic transmission must be confirmed within forty-eight (72 hours by letter mailed or
delivered. Notices or other communications will be addressed as follows:
To OCSD: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Attention: Kelly Lore, Clerk of the Board
With a copy to:
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Attention: James Spears Jr., Operations Manager
To OCWD: Orange County Water District
18700 Ward Street
4
1508623.1
Fountain Valley, CA 92708
Attention: Sandy Scott-Roberts, GWRS Program Manager
Section 11: Jurisdiction. In the event of a dispute regarding performance or interpretation
of this Agreement, the venue for any action to enforce or interpret this Agreement will lie in the
Superior Court of California for Orange County.
Section 12: No Third Party Beneficiaries. This Agreement is entered into by and for
OCWD and OCSD, and nothing herein is intended to establish rights or interests in individuals or
entities not a party hereto.
Section 13: Force Majeure. Except for the payment of money, neither Party will be
liable for any delays or other non-performance resulting from circumstances or causes beyond its
reasonable control, including without limitation, fire or other casualty, act of God, strike or labor
dispute, war or other violence, acts of third parties, or any law, order, or requirement of any
governmental agency or authority.
Section 14: Governing Law. This Agreement will be governed by the laws of the State
of California.
Section 15: Entire Agreement. This Agreement constitutes the entire understanding and
agreement between the Parties and supersedes all previous negotiations and agreements between
the Parties pertaining to the subject matter hereof.
Section 16 Waiver. A waiver of a breach of the covenants, conditions, or obligations
under this Agreement by either Party will not be construed as a waiver of any succeeding breach
of the same or other covenants, conditions, or obligations of this Agreement.
Section 17: Modification. Alteration, change, or modification of this Agreement will
be in the form of a written amendment, which will be signed by both Parties.
Section 18: Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement will continue in full force and effect.
Section 19: Agreement Execution and Authorization. Each of the undersigned
represents and warrants that they are duly authorized to execute and deliver this Agreement and
that such execution is binding upon the entity on whose behalf they are executing this Agreement.
[SIGNATURES ON NEXT PAGE]
5
1508623.1
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Agreement to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
By:
David John Shawver
Board Chairman
Attest:
Kelly A. Lore
Clerk of the Board
Approved as to form:
Bradley R. Hogin
General Counsel
ORANGE COUNTY WATER DISTRICT
Dated: By:
Print Name and Title of Officer
6
1508623.1
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U DRAWN BY: VK BLACK&VEATCH .� Orange County Water District FINAL EXPANSION OF 890 SHEETS
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APPROVED BY: R_fPn B°SCH P
REV. DATE DRWN CHKD REMARKS S Peters Canyon Rtl.,Suite 300,Irvine,Cel'rfomie92806 (714) 378-3200 84-INCH PLAN AND PROFILE 1 OF 2
W NO.* DATE: FFB�019 tel: (949)753-0500
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18"-HDPE-STRM NOTES: � zi
1. REPLACE IN-KIND EXISTING ASPHALT AND CURB AND GUTTER 36"-D POTW
REMOVED FOR COMPLETION OF THE WORK. ASPHALT THICKNESS ASPHALT PAVING ASPHALT ROAD
SHALL BE 5" MINIMUM. (SFE NOTE 1) 1 E /
STORM WATER / LEC II
2 NORT PLANT BOUNDARY TO WEIR BOX AREA (DWG EXISTING
H ND 4 FROM012) PUMP STATION 18 CMP-SD / DUCTBANK$ III OQ�LOFESSfp4,q`
THESE PIPELINES/UTILITIES ARE ABANDONED IN PLACE. CONTRACTOR SHALL oo I
REMOVE AND DISPOSE OF THESE PIPELINES/UTILITIES AS REQUIRED FOR I (VERSIONILITIE
MAY VARYINSTALLATIOHOWEVERTHEN OF WOK. TCONTRACTORHE EXACT LISHALLJA SUMET OF CREMOVALNOFUTHESES Exhibit A-3 OCWD GWRS Contract 1 Project Area UCTBANKS 1., V\ STLEC RUCTURE 8"-STL-SCUM I *�Ezp.9-30-20 z
No.CO4'5340
PIPELINES/UTILITIES WITHIN THE WORK AREA REGARDLESS OF WHERE SHOWN CC 1YI
IN THESE PLANS. t- �I I I I I I Sf �P
9T IVI
3. SEE CP DRAWINGS FOR CORROSION PROTECTION REQUIREMENTS. 1--20 F OF CAUF�
DESIGNED BY: SM BLACK&VEATCH GROUNDWATER REPLENISHMENT SYSTEM SHEET
U DRAWN BY: VK n i Orange County Water District FINAL EXPANSION OF 890 SHEETS
OSHEET CHK'D BY: RtB ". Building a World of difference- DRAWING No.
8/19 CONFORMED TO BID DOCUMENTS cRoss cHK'D BY: RE
5U 8700 Ward Street SE PUMP STATION AND EQUALIZATION TANKS
Black&Veatch Cor oration ountoin Valley, California 92708 144-Y-014
APPROVED BY: R_fPn B°SCH P
REV. DATE DRWN CHKD REMARKS S Peters Canyon Rtl.,Suite 300,Irvine,Cel'rfomie92806 (714) 378-3200 84-INCH PLAN AND PROFILE 2 OF 2
W NO, DATE: FFB�019 tel: (949)753-0500
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NOTES:
1. 6 FT SQUARE X 2 FT THICK CONCRETE SLAB WITH #5 ® 8" EWT&B SECTION A
-
2. 6" FROM TOP OF SLAB TO FINISH GRADE AT HIGHER GRADE LOCATION
SIDE OF SLAB. CONTRACTOR SHALL FIELD VERIFY EXISTING GRADE AT
PAD LOCATION AND COORDINATE WITH BFV MANUFACTURER FOR
REQUIRED VALVE STEM AND SLEEVE LENGTHS.
3. TOP OF MANWAY SHALL EXTEND 30" ABOVE GRADE.
4. REMOVE EXISTING BLIND FLANGE AND CONNECT TO EXISTING FRP OR
HDPE FLANGE.
5. CONTRACTOR TO FIELD LOCATED AIR/VAC ASSEMBLY WITHIN
LANDSCAPED AREA.
6. MODEL 415 REDUCER COUPLING AS MANUFACTURED BY SMITH-BLAIR.
7. CONTRACTOR SHALL COORDINATE WITH VALVE OPERATOR SUPPLIER TO P�FESS1 <
F.
CONFORMED TO BID DOCUMENTSSER
THAT,SHOULD THERE BE ANY
Exhibit A-4 OCWD GWRS Contract 1 Project Area UBETW WLEDGE EN TO ESE DOCUMENTS AND THE CONTRACTDOCUMENTSY * No. C85633`*
AND ANY ADDENDA ISSUED PRIOR TO THE BID,THE CONTRACT sT P
DOCUMENTS AND THE ORIGINAL ADDENDA SHALL GOVERN. 9r V I �a
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p DESIGNED BY: SM SHEET
C'1 DRAWN BY: VK BLACK&VEATCH GROUNDWATER REPLENISHMENT SYSTEM 74
I OF 890 SHEETS
O SHEEr CHK'D BY: RtB 0r. BuildingaN►prldofdifference• Orange County Water District FINAL EXPANSION
8/19 CONFORMED TO BID DOCUMENTS DRAWING NO.
1 CROSS CHK'D BY: RF U 18700 Ward Street NORTH POC ENLARGED PLAN
w 1 6 19 VK RtB ADDENDUM 2 Black&Veatch Corporation Fountain Volley, Colifornfo 92708 100-Y'294
APPROVED BY R_ten ROSCH
REV. DATE DRWN CHKD REMARKS sRaters canyon Rd.,sorts Soo,Irvine,California azeoe (714) 378-3200
W NO. ;A'E: Jl1NE 2019 tel: (949)753-0500 SrH[r r9aa
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PLANT 2
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Exhibit B OCWD GWRS Contract 2 Project Area
oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
BOARD OF DIRECTORS (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1098 Agenda Date: 8/26/2020 Agenda Item No: 4.
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF JULY 2020
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Receive and file the following:
Report of the Investment Transactions for the month of July 2020.
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
July 31, 2020.
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 OCSD website (www.ocsd.com) with the complete agenda
package:
• Report of the Investment Transactions for the Month of July 2020
Orange County Sanitation District Page 1 of 1 Printed on 8/19/2020
powered by LegistarTM
U.S. Bank
Transaction History
July 2020
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss,
ACQUISITIONS
07/02/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 144.6100 1.000000 -144.61 144.61 0.00
07/02/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 464.9300 1.000000 -464.93 464.93 0.00
07/06/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 89,625.0000 1.000000 -89,625.00 89,625.00 0.00
07/07/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 79,895.8300 1.000000 -79,895.83 79,895.83 0.00
07/09/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 999,855.0800 1.000000 -999,855.08 999,855.08 0.00
07/10/2020 3135G05G4 PURCHASED PAR VALUE OF F N M A 0.250% 7/10/23/CITIGROUP GLOBAL 6,775,000.0000 0.997850 -6,760,433.75 6,760,433.75 0.00
MARKETS INC./6,775,000 PAR VALUE AT 99.785%
07/14/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 14,576.2500 1.000000 -14,576.25 14,576.25 0.00
07/15/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 4,398,472.5300 1.000000 -4,398,472.53 4,398,472.53 0.00
07/15/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 266,492.8700 1.000000 -266,492.87 266,492.87 0.00
07/16/2020 780151<71-11 PURCHASED PAR VALUE OF ROYAL BANK OF MTN 1.150% 6/10/25/BMO CAPITAL 1,500,000.0000 1.010320 -1,515,480.00 1,515,480.00 0.00
MARKETS CORP/BONDS/1,500,000 PAR VALUE AT 101.032%
07/20/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 462,924.2000 1.000000 -462,924.20 462,924.20 0.00
07/20/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 355,519.6900 1.000000 -355,519.69 355,519.69 0.00
07/21/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 258,932.4300 1.000000 -258,932.43 258,932.43 0.00
07/21/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 74,517.5000 1.000000 -74,517.50 74,517.50 0.00
07/22/2020 47787NAC3 PURCHASED PAR VALUE OF JOHN DEERE OWNER 0.00001% 11/15/24/RBC CAPITAL 1,480,000.0000 0.999848 -1,479,774.45 1,479,774.45 0.00
MARKETS,LLC/1,480,000 PAR VALUE AT 99.98476014%
07/22/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 65,000.0000 1.000000 -65,000.00 65,000.00 0.00
07/22/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 8,759,158.5500 1.000000 -8,759,158.55 8,759,158.55 0.00
07/23/2020 3137EAEU9 PURCHASED PAR VALUE OF F H L M C M T N 0.375% 7/21/25/WELLS FARGO 5,030,000.0000 0.995020 -5,004,950.60 5,004,950.60 0.00
SECURITIES,LLC/5,030,000 PAR VALUE AT 99.502%
07/27/2020 89237VAB5 PURCHASED PAR VALUE OF TOYOTA AUTO RECV 0.00001% 10/15/24/RBC CAPITAL 2,960,000.0000 0.999923 -2,959,772.08 2,959,772.08 0.00
MARKETS,LLC/2,960,000 PAR VALUE AT 99.9923%
07/27/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 2,522,312.5000 1.000000 -2,522,312.50 2,522,312.50 0.00
07/28/2020 89233GLP9 PURCHASED PAR VALUE OF TOYOTA MOTOR CREDIT CO C P 11/23/20/DBTC 1,500,000.0000 0.999148 -1,498,721.67 1,498,721.67 0.00
AMERICAS/COMMERCIAL PAPER/1,500,000 PAR VALUE AT 99.914778%
07/28/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 77,000.0000 1.000000 -77,000.00 77,000.00 0.00
07/29/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 5,000,000.0000 1.000000 -5,000,000.00 5,000,000.00 0.00
07/29/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 36,875.0000 1.000000 -36,875.00 36,875.00 0.00
07/30/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 3,500,000.0000 1.000000 -3,500,000.00 3,500,000.00 0.00
07/31/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 153,750.0000 1.000000 -153,750.00 153,750.00 0.00
TOTAL ACQUISITIONS 46,360,516.9700 -46,334,649.52 46,334,649.52 0.00
DISPOSITIONS
07/09/2020 9127963QO SOLD PAR VALUE OF U S TREASURY BILL 8/25/20/NOMURA SECURITIES -1,000,000.0000 0.999855 999,781.44 -999,781.44 0.00
INTERNATIONA/1,000,000 PAR VALUE AT 99.985508%
1 of 7
U.S. Bank
Transaction History
July 2020
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
07/10/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -6,760,433.7500 1.000000 6,760,433.75 -6,760,433.75 0.00
07/15/2020 31348SWZ3 PAID DOWN PAR VALUE OF F H L M C#786064 3.846% 1/01/28 JUNE FHLMC -15.8300 0.000000 15.83 -15.44 0.39
DUE 7/15/20
07/15/2020 3133TCE95 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 4.020% 8/15/32 -116.8500 0.000000 116.85 -116.97 -0.12
07/15/2020 43815NABO PAID DOWN PAR VALUE OF HONDA AUTO 1.900% 4/15/22 -294,923.1300 0.000000 294,923.13 -294,902.49 20.64
07/15/2020 47788BAD6 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 1.820% 10/15/21 -19,064.2900 0.000000 19,064.29 -19,062.89 1.40
07/15/2020 477870AB5 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 2.280% 5/16/22 -176,903.8000 0.000000 176,903.80 -176,903.13 0.67
07/15/2020 47788CAC6 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 2.660% 4/18/22 -61,704.0100 0.000000 61,704.01 -61,699.57 4.44
07/15/2020 47789JAB2 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 2.850% 12/15/21 -224,254.9300 0.000000 224,254.93 -224,244.70 10.23
07/15/2020 47788EAC2 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 3.080% 11/15/22 -208,450.0500 0.000000 208,450.05 -208,434.25 15.80
07/15/2020 65478GAD2 PAID DOWN PAR VALUE OF NISSAN AUTO 1.750%10/15/21 -141,376.2300 0.000000 141,376.23 -139,183.79 2,192.44
07/15/2020 65479GAD1 PAID DOWN PAR VALUE OF NISSAN AUTO 3.060% 3/15/23 -230,692.9800 0.000000 230,692.98 -230,685.51 7.47
07/15/2020 89239AAB9 PAID DOWN PAR VALUE OF TOYOTA AUTO 2.830%10/15/21 -256,521.2300 0.020811 256,521.23 -256,497.94 23.29
07/15/2020 9127963QO SOLD PAR VALUE OF U S TREASURY BILL 8/25/20/WELLS FARGO SECURITIES, -3,000,000.0000 0.999865 2,999,344.33 -2,999,344.33 0.00
LLC/3,000,000 PAR VALUE AT 99.98649267%
07/16/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -1,434,330.0000 1.000000 1,434,330.00 -1,434,330.00 0.00
07/20/2020 36225CAZ9 PAID DOWN PAR VALUE OF G N M A 1 1#080023 3.125%12/20/26 JUNE GNMA DUE -429.6500 0.000000 429.65 -436.75 -7.10
7/20/20
07/20/2020 36225CC20 PAID DOWN PAR VALUE OF G N M A 1 1#080088 3.875% 6/20/27 JUNE GNMA DUE -1,598.8100 0.000000 1,598.81 -1,633.79 -34.98
7/20/20
07/20/2020 36225CNM4 PAID DOWN PAR VALUE OF G N M A 1 1#080395 3.875% 4/20/30 JUNE GNMA DUE -172.5700 0.000000 172.57 -171.01 1.56
7/20/20
07/20/2020 36225CN28 PAID DOWN PAR VALUE OF G N M A 1 1#080408 3.875% 5/20/30 JUNE GNMA DUE -3,707.1700 0.000000 3,707.17 -3,669.52 37.65
7/20/20
07/20/2020 36225DCB8 PAID DOWN PAR VALUE OF G N M A 1 1#080965 3.250% 7/20/34 JUNE GNMA DUE -2,447.3400 0.000000 2,447.34 -2,445.81 1.53
7/20/20
07/20/2020 43814PAC4 PAID DOWN PAR VALUE OF HONDA AUTO 1.790% 9/20/21 -138,891.1400 0.000000 138,891.14 -136,688.41 2,202.73
07/20/2020 43814WAB1 PAID DOWN PAR VALUE OF HONDA AUTO 2.750% 9/20/21 -351,511.3500 0.000000 351,511.35 -351,488.71 22.64
07/20/2020 43814UAG4 PAID DOWN PAR VALUE OF HONDA AUTO 3.010% 5/18/22 -118,241.6600 0.000000 118,241.66 -118,239.08 2.58
07/21/2020 43815HAC1 PAID DOWN PAR VALUE OF HONDA AUTO 2.950% 8/22/22 -251,103.8100 0.000000 251,103.81 -251,069.36 34.45
07/22/2020 94974BGM6 MATURED PAR VALUE OF WELLS FARGO CO MTN 2.600% 7/22/20 5,000,000 PAR -5,000,000.0000 1.000000 5,000,000.00 -5,001,650.00 -1,650.00
VALUE AT 100%
07/22/2020 9127963QO SOLD PAR VALUE OF U S TREASURY BILL 8/25/20/MIZUHO SECURITIES USA -5,200,000.0000 0.999915 5,198,863.51 -5,198,863.51 0.00
FXD INC/5,200,000 PAR VALUE AT 99.9915%
07/23/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -4,928,988.1000 1.000000 4,928,988.10 -4,928,988.10 0.00
07/27/2020 313384ZXO MATURED PAR VALUE OF F H L B DISC NTS 7/27/20 2,500,000 PAR VALUE AT -2,500,000.0000 1.000000 2,498,737.50 -2,498,737.50 0.00
100%
07/27/2020 31394JY35 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 6.500% 9/25/43 -5,901.5900 0.000000 5,901.59 -6,683.55 -781.96
2of7
U.S. Bank
Transaction History
July 2020
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
07/27/2020 31371 NUC7 PAID DOWN PAR VALUE OF F N M A#257179 4.500% 4/01/28 JUNE FNMA DUE -490.0600 0.000000 490.06 -518.29 -28.23
7/25/20
07/27/2020 31376KT22 PAID DOWN PAR VALUE OF F N M A#357969 5.000% 9/01/35 JUNE FNMA DUE -461.7800 0.000000 461.78 -496.41 -34.63
7/25/20
07/27/2020 31381 PDA3 PAID DOWN PAR VALUE OF F N M A#466397 3.400% 11/01/20 JUNE FNMA DUE -775.2100 0.000000 775.21 -758.43 16.78
7/25/20
07/27/2020 31403DJZ3 PAID DOWN PAR VALUE OF F N M A#745580 5.000% 6/01/36 JUNE FNMA DUE -1,396.9600 0.000000 1,396.96 -1,501.73 -104.77
7/25/20
07/27/2020 31403GXF4 PAID DOWN PAR VALUE OF F N M A#748678 5.000% 10/01/33 JUNE FNMA DUE -9.4000 0.000000 9.40 -10.11 -0.71
7/25/20
07/27/2020 31406PQY8 PAID DOWN PAR VALUE OF F N M A#815971 5.000% 3/01/35 JUNE FNMA DUE -654.0300 0.000000 654.03 -703.08 -49.05
7/25/20
07/27/2020 31406XWT5 PAID DOWN PAR VALUE OF F N M A#823358 3.674% 2/01/35 JUNE FNMA DUE -608.2800 0.000000 608.28 -603.53 4.75
7/25/20
07/27/2020 31407BXH7 PAID DOWN PAR VALUE OF F N M A#826080 5.000% 7/01/35 JUNE FNMA DUE -75.2800 0.000000 75.28 -80.93 -5.65
7/25/20
07/27/2020 31410F4V4 PAID DOWN PAR VALUE OF F N M A#888336 5.000% 7/01/36 JUNE FNMA DUE -3,512.2900 0.000000 3,512.29 -3,775.71 -263.42
7/25/20
07/27/2020 3138EG6F6 PAID DOWN PAR VALUE OF F N M A#AL0869 4.500% 6/01/29 JUNE FNMA DUE -313.5900 0.000000 313.59 -331.65 -18.06
7/25/20
07/27/2020 31417YAY3 PAID DOWN PAR VALUE OF F N M A#MA0022 4.500% 4/01/29 JUNE FNMA DUE -326.0900 0.000000 326.09 -344.87 -18.78
7/25/20
07/27/2020 31397QREO PAID DOWN PAR VALUE OF F N M A GTD REMIC 2.472% 2/25/41 -4,314.8000 0.000000 4,314.80 -4,313.45 1.35
07/27/2020 78445JAA5 PAID DOWN PAR VALUE OF S L M A 2.51906% 4/25/23 -407.5200 0.000000 407.52 -405.87 1.65
07/27/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -2,664,521.4900 1.000000 2,664,521.49 -2,664,521.49 0.00
07/28/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -1,498,721.6700 1.000000 1,498,721.67 -1,498,721.67 0.00
07/29/2020 313384ZZ5 MATURED PAR VALUE OF F H L B DISC NTS 7/29/20 5,000,000 PAR VALUE AT -5,000,000.0000 1.000000 4,998,750.00 -4,998,750.00 0.00
100%
07/30/2020 912796WY1 MATURED PAR VALUE OF U S TREASURY BILL 7/30/20 3,500,000 PAR VALUE AT -3,500,000.0000 1.000000 3,497,087.22 -3,497,087.22 0.00
100%
TOTAL DISPOSITIONS -44,988,368.7200 44,980,932.72 -44,979,325.74 1,606.98
OTHER TRANSACTIONS
07/01/2020 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 144.61 0.00 0.00
6/30/2020 INTEREST FROM 6/1/20 TO 6/30/20
07/01/2020 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 464.93 0.00 0.00
6/30/2020 INTEREST FROM 6/1/20 TO 6/30/20
07/06/2020 3135GOS38 INTEREST EARNED ON F N M A 2.000% 1/05/22$1 PV ON 3000000.0000 0.0000 0.000000 30,000.00 0.00 0.00
SHARES DUE 7/5/2020
07/06/2020 404280BF5 INTEREST EARNED ON HSBC HOLDINGS PLC 2.650% 1/05/22$1 PV ON 0.0000 0.000000 59,625.00 0.00 0.00
4500000.0000 SHARES DUE 7/5/2020
3of7
U.S. Bank
Transaction History
July 2020
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
07/07/2020 3135GOX24 INTEREST EARNED ON F N M A 1.625% 1/07/25$1 PV ON 10000000.0000 0.0000 0.000000 79,895.83 0.00 0.00
SHARES DUE 7/7/2020
07/09/2020 9127963QO INTEREST EARNED ON U S TREASURY BILL 8/25/20$1 PV ON 1000000.0000 0.0000 0.000000 73.64 0.00 0.00
SHARES DUE 7/8/2020 1,000,000 PAR VALUE AT 99.985508%
07/13/2020 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-2392.00 UNITS 0.0000 0.000000 0.00 0.00 0.00
DECREASE TO ADJUST FOR CHANGE IN CPI
07/13/2020 912828WUO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-2392.00 UNITS 0.0000 0.000000 0.00 -2,392.00 0.00
DECREASE TO ADJUST FOR CHANGE IN CPI
07/13/2020 912828WUO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-2392.0000 UNITS -2,392.0000 0.000000 0.00 0.00 0.00
DECREASE TO ADJUST FOR CHANGE IN CPI
07/13/2020 912828WUO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-2392.00 UNITS 0.0000 0.000000 0.00 0.00 0.00
DECREASE TO ADJUST FOR CHANGE IN CPI
07/14/2020 02665WCJ8 INTEREST EARNED ON AMERICAN HONDA MTN 3.450% 7/14/23$1 PV ON 0.0000 0.000000 14,576.25 0.00 0.00
845000.0000 SHARES DUE 7/14/2020
07/15/2020 31348SWZ3 INTEREST EARNED ON F H L M C#786064 3.846% 1/01/28$1 PV ON 5.3700 SHARES 0.0000 0.000000 5.37 0.00 0.00
DUE 7/15/2020 MAY FHLMC DUE 7/15/20
07/15/2020 3133TCE95 INTEREST EARNED ON F H L M C MLTCL MTG 4.020% 8/15/32$1 PV ON 17.3000 0.0000 0.000000 17.30 0.00 0.00
SHARES DUE 7/15/2020$0.00335/PV ON 5,161.50 PV DUE 7/15/20
07/15/2020 43815NABO INTEREST EARNED ON HONDA AUTO 1.900% 4/15/22$1 PV ON 4858.8500 0.0000 0.000000 4,858.85 0.00 0.00
SHARES DUE 7/15/2020$0.00158/PV ON 3,068,744.89 PV DUE 7/15/20
07/15/2020 47788BAD6 INTEREST EARNED ON JOHN DEERE OWNER 1.820%10/15/21 $1 PV ON 123.6400 0.0000 0.000000 123.64 0.00 0.00
SHARES DUE 7/15/2020$0.00152/PV ON 81,522.74 PV DUE 7/15/20
07/15/2020 477870AB5 INTEREST EARNED ON JOHN DEERE OWNER 2.280% 5/16/22$1 PV ON 3440.0700 0.0000 0.000000 3,440.07 0.00 0.00
SHARES DUE 7/15/2020$0.00190/PV ON 1,810,561.56 PV DUE 7/15/20
07/15/2020 47788CAC6 INTEREST EARNED ON JOHN DEERE OWNER 2.660% 4/18/22$1 PV ON 1324.0200 0.0000 0.000000 1,324.02 0.00 0.00
SHARES DUE 7/15/2020$0.00222/PV ON 597,304.53 PV DUE 7/15/20
07/15/2020 47789JAB2 INTEREST EARNED ON JOHN DEERE OWNER 2.850%12/15/21 $1 PV ON 2673.7100 0.0000 0.000000 2,673.71 0.00 0.00
SHARES DUE 7/15/2020$0.00238/PV ON 1,125,770.32 PV DUE 7/15/20
07/15/2020 47788EAC2 INTEREST EARNED ON JOHN DEERE OWNER 3.080% 11/15/22$1 PV ON 9203.4700 0.0000 0.000000 9,203.47 0.00 0.00
SHARES DUE 7/15/2020$0.00257/PV ON 3,585,766.52 PV DUE 7/15/20
07/15/2020 58770FAC6 INTEREST EARNED ON MERCEDES BENZ AUTO 1.840%12/15/22$1 PV ON 3143.3300 0.0000 0.000000 3,143.33 0.00 0.00
SHARES DUE 7/15/2020$0.00153/PV ON 2,050,000.00 PV DUE 7/15/20
07/15/2020 65478GAD2 INTEREST EARNED ON NISSAN AUTO 1.750%10/15/21 $1 PV ON 1013.3800 0.0000 0.000000 1,013.38 0.00 0.00
SHARES DUE 7/15/2020$0.00146/PV ON 694,887.24 PV DUE 7/15/20
07/15/2020 65479JAD5 INTEREST EARNED ON NISSAN AUTO 1.930% 7/15/24$1 PV ON 6730.8700 0.0000 0.000000 6,730.87 0.00 0.00
SHARES DUE 7/15/2020$0.00161/PV ON 4,185,000.00 PV DUE 7/15/20
07/15/2020 65479GAD1 INTEREST EARNED ON NISSAN AUTO 3.060% 3/15/23$1 PV ON 8975.7900 0.0000 0.000000 8,975.79 0.00 0.00
SHARES DUE 7/15/2020$0.00255/PV ON 3,519,918.89 PV DUE 7/15/20
07/15/2020 89239AAB9 INTEREST EARNED ON TOYOTA AUTO 2.830%10/15/21 $1 PV ON 2818.8500 0.0000 0.000000 2,818.85 0.00 0.00
SHARES DUE 7/15/2020$0.00236/PV ON 1,195,272.54 PV DUE 7/15/20
4of7
U.S. Bank
Transaction History
July 2020
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
07/15/2020 9127963QO INTEREST EARNED ON U S TREASURY BILL 8/25/20$1 PV ON 3000000.0000 0.0000 0.000000 250.45 0.00 0.00
SHARES DUE 7/14/2020 3,000,000 PAR VALUE AT 99.98649267%
07/15/2020 912828WUO INTEREST EARNED ON U S TREASURY I P S 0.125% 7/15/24$1 PV ON 0.0000 0.000000 7,018.64 0.00 0.00
11229816.0000 SHARES DUE 7/15/2020
07/16/2020 78013XZU5 INTEREST EARNED ON ROYAL BANK OF MTN 2.550% 7/16/24$1 PV ON 0.0000 0.000000 82,875.00 0.00 0.00
6500000.0000 SHARES DUE 7/16/2020
07/16/2020 780151<71-11 PAID ACCRUED INTEREST ON PURCHASE OF ROYAL BANK OF MTN 1.150% 6/10/25 0.0000 0.000000 -1,725.00 0.00 0.00
07/20/2020 3135GOT94 INTEREST EARNED ON F N M A DEB 2.375% 1/19/23$1 PV ON 5000000.0000 0.0000 0.000000 59,375.00 0.00 0.00
SHARES DUE 7/19/2020
07/20/2020 36225CAZ9 INTEREST EARNED ON G N M A 11#080023 3.125%12/20/26$1 PV ON 34.8400 0.0000 0.000000 34.84 0.00 0.00
SHARES DUE 7/20/2020 JUNE GNMA DUE 7/20/20
07/20/2020 36225CC20 INTEREST EARNED ON G N M A 1 1#080088 3.875% 6/20/27$1 PV ON 36.1700 0.0000 0.000000 36.17 0.00 0.00
SHARES DUE 7/20/2020 JUNE GNMA DUE 7/20/20
07/20/2020 36225CNM4 INTEREST EARNED ON G N M A 11#080395 3.875% 4/20/30$1 PV ON 17.6900 0.0000 0.000000 17.69 0.00 0.00
SHARES DUE 7/20/2020 JUNE GNMA DUE 7/20/20
07/20/2020 36225CN28 INTEREST EARNED ON G N M A 1 1#080408 3.875% 5/20/30$1 PV ON 138.2900 0.0000 0.000000 138.29 0.00 0.00
SHARES DUE 7/20/2020 JUNE GNMA DUE 7/20/20
07/20/2020 36225DCB8 INTEREST EARNED ON G N M A 1 1#080965 3.250% 7/20/34$1 PV ON 101.6000 0.0000 0.000000 101.60 0.00 0.00
SHARES DUE 7/20/2020 JUNE GNMA DUE 7/20/20
07/20/2020 43814PAC4 INTEREST EARNED ON HONDA AUTO 1.790% 9/20/21 $1 PV ON 1080.3600 0.0000 0.000000 1,080.36 0.00 0.00
SHARES DUE 7/18/2020$0.00149/PV ON 724,262.26 PV DUE 7/18/20
07/20/2020 43814WAB1 INTEREST EARNED ON HONDA AUTO 2.750% 9/20/21 $1 PV ON 3995.8400 0.0000 0.000000 3,995.84 0.00 0.00
SHARES DUE 7/18/2020$0.00229/PV ON 1,743,638.56 PV DUE 7/18/20
07/20/2020 43814UAG4 INTEREST EARNED ON HONDA AUTO 3.010% 5/18/22$1 PV ON 3214.4100 0.0000 0.000000 3,214.41 0.00 0.00
SHARES DUE 7/18/2020$0.00251/PV ON 1,281,491.33 PV DUE 7/18/20
07/20/2020 4581XOCW6 INTEREST EARNED ON INTER AMER DEV BK 2.125% 1/18/22$1 PV ON 0.0000 0.000000 31,875.00 0.00 0.00
3000000.0000 SHARES DUE 7/18/2020
07/20/2020 45950KCJ7 INTEREST EARNED ON INTL FINANCE CORP 1.125% 7/20/21 $1 PV ON 2500000.0000 0.0000 0.000000 14,075.00 0.00 0.00
SHARES DUE 7/20/2020
07/20/2020 89114QC48 INTEREST EARNED ON TORONTO MTN 3.500% 7/19/23$1 PV ON 5000000.0000 0.0000 0.000000 87,500.00 0.00 0.00
SHARES DUE 7/19/2020
07/21/2020 43815HAC1 INTEREST EARNED ON HONDA AUTO 2.950% 8/22/22$1 PV ON 7828.6200 0.0000 0.000000 7,828.62 0.00 0.00
SHARES DUE 7/21/2020$0.00246/PV ON 3,184,523.11 PV DUE 7/21/20
07/21/2020 90331HPL1 INTEREST EARNED ON US BANK NA MTN 2.050% 1/21/25$1 PV ON 7270000.0000 0.0000 0.000000 74,517.50 0.00 0.00
SHARES DUE 7/21/2020
07/22/2020 9127963QO INTEREST EARNED ON U S TREASURY BILL 8/25/20$1 PV ON 5200000.0000 0.0000 0.000000 694.49 0.00 0.00
SHARES DUE 7/21/2020 5,200,000 PAR VALUE AT 99.9915%
07/22/2020 94974BGM6 INTEREST EARNED ON WELLS FARGO CO MTN 2.600% 7/22/20$1 PV ON 0.0000 0.000000 65,000.00 0.00 0.00
5000000.0000 SHARES DUE 7/22/2020 INTEREST ON 7/22/20 MATURITY
07/22/2020 95000U2B8 INTEREST EARNED ON WELLS FARGO MTN 2.625% 7/22/22$1 PV ON 0.0000 0.000000 39,375.00 0.00 0.00
3000000.0000 SHARES DUE 7/22/2020
5 of 7
U.S. Bank
Transaction History
July 2020
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
07/23/2020 46647PAUO INTEREST EARNED ON JPMORGAN CHASE CO 3.797% 7/23/24$1 PV ON 0.0000 0.000000 47,462.50 0.00 0.00
2500000.0000 SHARES DUE 7/23/2020
07/23/2020 90331HNL3 INTEREST EARNED ON US BANK NA MTN 2.850% 1/23/23$1 PV ON 2000000.0000 0.0000 0.000000 28,500.00 0.00 0.00
SHARES DUE 7/23/2020
07/27/2020 03215PFN4 INTEREST EARNED ON AMRESCO 1.19948% 6/25/29$1 PV ON 118.9700 0.0000 0.000000 118.97 0.00 0.00
SHARES DUE 7/25/2020$0.00100/PV ON 119,021.64 PV DUE 7/25/20
07/27/2020 808513AT2 INTEREST EARNED ON CHARLES SCHWAB CORP 2.650% 1/25/23$1 PV ON 0.0000 0.000000 89,437.50 0.00 0.00
6750000.0000 SHARES DUE 7/25/2020
07/27/2020 3133EKWV4 INTEREST EARNED ON F F C B DEB 1.850% 7/26/24$1 PV ON 5000000.0000 0.0000 0.000000 46,250.00 0.00 0.00
SHARES DUE 7/26/2020
07/27/2020 313384ZXO INTEREST EARNED ON F H L B DISC NTS 7/27/20$1 PV ON 2500000.0000 0.0000 0.000000 1,262.50 0.00 0.00
SHARES DUE 7/27/2020 2,500,000 PAR VALUE AT 100%
07/27/2020 31394JY35 INTEREST EARNED ON F H L M C MLTCL MTG 6.500% 9/25/43$1 PV ON 3302.7900 0.0000 0.000000 3,302.79 0.00 0.00
SHARES DUE 7/25/2020$0.00542/PV ON 609,746.75 PV DUE 7/25/20
07/27/2020 31371 NUC7 INTEREST EARNED ON F N M A#257179 4.500% 4/01/28$1 PV ON 47.1100 SHARES 0.0000 0.000000 47.11 0.00 0.00
DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 31376KT22 INTEREST EARNED ON F N M A#357969 5.000% 9/01/35$1 PV ON 353.1500 0.0000 0.000000 353.15 0.00 0.00
SHARES DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 31381PDA3 INTEREST EARNED ON F N M A#466397 3.400% 11/01/20$1 PV ON 936.9700 0.0000 0.000000 936.97 0.00 0.00
SHARES DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 31403DJZ3 INTEREST EARNED ON F N M A#745580 5.000% 6/01/36$1 PV ON 334.2500 0.0000 0.000000 334.25 0.00 0.00
SHARES DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 31403GXF4 INTEREST EARNED ON F N M A#748678 5.000% 10/01/33$1 PV ON 7.0800 SHARES 0.0000 0.000000 7.08 0.00 0.00
DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 31406PQY8 INTEREST EARNED ON F N M A#815971 5.000% 3/01/35$1 PV ON 529.3300 0.0000 0.000000 529.33 0.00 0.00
SHARES DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 31406XWT5 INTEREST EARNED ON F N M A#823358 3.674% 2/01/35$1 PV ON 289.5800 0.0000 0.000000 289.58 0.00 0.00
SHARES DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 31407BXH7 INTEREST EARNED ON F N M A#826080 5.000% 7/01/35$1 PV ON 67.9700 SHARES 0.0000 0.000000 67.97 0.00 0.00
DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 31410F4V4 INTEREST EARNED ON F N M A#888336 5.000% 7/01/36$1 PV ON 648.1400 0.0000 0.000000 648.14 0.00 0.00
SHARES DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 3138EG6F6 INTEREST EARNED ON F N M A#AL0869 4.500% 6/01/29$1 PV ON 31.2900 0.0000 0.000000 31.29 0.00 0.00
SHARES DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 31417YAY3 INTEREST EARNED ON F N M A#MA0022 4.500% 4/01/29$1 PV ON 50.1700 0.0000 0.000000 50.17 0.00 0.00
SHARES DUE 7/25/2020 JUNE FNMA DUE 7/25/20
07/27/2020 31397QREO INTEREST EARNED ON F N M A GTD REMIC 2.472% 2/25/41 $1 PV ON 113.6500 0.0000 0.000000 113.65 0.00 0.00
SHARES DUE 7/25/2020$0.00072/PV ON 157,756.33 PV DUE 7/25/20
07/27/2020 459058FY4 INTEREST EARNED ON INTL BK 2.000% 1/26/22$1 PV ON 10000000.0000 0.0000 0.000000 100,000.00 0.00 0.00
SHARES DUE 7/26/2020
6 of 7
U.S. Bank
Transaction History
July 2020
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
07/27/2020 45950KCMO INTEREST EARNED ON INTL BK M T N 2.250% 1/25/21 $1 PV ON 2970000.0000 0.0000 0.000000 33,412.50 0.00 0.00
SHARES DUE 7/25/2020
07/27/2020 78445JAA5 INTEREST EARNED ON S L M A 2.51906% 4/25/23$1 PV ON 73.2600 SHARES 0.0000 0.000000 73.26 0.00 0.00
DUE 7/25/2020$0.00630/PV ON 11,633.32 PV DUE 7/25/20
07/27/2020 89114QBX5 INTEREST EARNED ON TORONTO DOMINION MTN 2.550% 1/25/21 $1 PV ON 0.0000 0.000000 22,312.50 0.00 0.00
1750000.0000 SHARES DUE 7/25/2020
07/28/2020 61747WAL3 INTEREST EARNED ON MORGAN STANLEY 5.500% 7/28/21 $1 PV ON 0.0000 0.000000 77,000.00 0.00 0.00
2800000.0000 SHARES DUE 7/28/2020
07/29/2020 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 104.00 UNITS 0.0000 0.000000 0.00 0.00 0.00
INCREASE TO ADJUST FOR CHANGE IN CPI
07/29/2020 912828WUO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 104.00 UNITS 0.0000 0.000000 0.00 104.00 0.00
INCREASE TO ADJUST FOR CHANGE IN CPI
07/29/2020 06406RAE7 INTEREST EARNED ON BANK OF NY MTN 2.950% 1/29/23$1 PV ON 2500000.0000 0.0000 0.000000 36,875.00 0.00 0.00
SHARES DUE 7/29/2020
07/29/2020 313384ZZ5 INTEREST EARNED ON F H L B DISC NTS 7/29/20$1 PV ON 5000000.0000 0.0000 0.000000 1,250.00 0.00 0.00
SHARES DUE 7/29/2020 5,000,000 PAR VALUE AT 100%
07/29/2020 912828WUO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 104.0000 UNITS 104.0000 0.000000 0.00 0.00 0.00
INCREASE TO ADJUST FOR CHANGE IN CPI
07/29/2020 912828WUO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 104.00 UNITS 0.0000 0.000000 0.00 0.00 0.00
INCREASE TO ADJUST FOR CHANGE IN CPI
07/30/2020 912796WY1 INTEREST EARNED ON U S TREASURY BILL 7/30/20$1 PV ON 3500000.0000 0.0000 0.000000 2,912.78 0.00 0.00
SHARES DUE 7/30/2020 3,500,000 PAR VALUE AT 100%
07/31/2020 912828N89 INTEREST EARNED ON U S TREASURY NT 1.375% 1/31/21 $1 PV ON 6000000.0000 0.0000 0.000000 41,250.00 0.00 0.00
SHARES DUE 7/31/2020
07/31/2020 912828V72 INTEREST EARNED ON U S TREASURY NT 1.875% 1/31/22$1 PV ON 3000000.0000 0.0000 0.000000 28,125.00 0.00 0.00
SHARES DUE 7/31/2020
07/31/2020 912828V80 INTEREST EARNED ON U S TREASURY NT 2.250% 1/31/24$1 PV ON 7500000.0000 0.0000 0.000000 84,375.00 0.00 0.00
SHARES DUE 7/31/2020
TOTAL OTHER TRANSACTIONS -2,288.0000 1,353,716.80 -2,288.00 0.00
7of7
oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
BOARD OF DIRECTORS (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1199 Agenda Date: 8/26/2020 Agenda Item No: 5.
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 June 24, 2020
B. Minutes of the GWRS Steering Committee Meeting held January 13, 2020
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. OCSD 19-19
ADDITIONAL INFORMATION
The minutes of the Committee meeting 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 OCSD website (www.ocsd.com) with the complete agenda
package:
• Minutes of the Monthly Committee Meetings
Orange County Sanitation District Page 1 of 1 Printed on 8/19/2020
powered by LegistarTM
Orange County Sanitation District oNj� SAN17-.4, Wednesday, June 24, 2020
Minutes for the °° do 5:00 PM
STEERING COMMITTEE 2 �� Board Room
Administration Building
10844 Ellis Avenue
9 Fountain Valley, CA 92708
o� (714) 593-7433
cr�Nc rHe ENv�Q
CALL TO ORDER
A regular meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman David Shawver on Wednesday, June 24, 2020 at 5:04
p.m. in the Administration Building of the Orange County Sanitation District. Chair Shawver
stated that the meeting was being held telephonically and via audio/video teleconferencing in
accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus
Pandemic (COVID-19).
The Clerk of the Board announced the teleconference meeting guidelines and stated that
votes will be taken by roll call.
DECLARATION OF QUORUM:
A quorum was declared present, as follows:
PRESENT: David Shawver, John Withers, Robert Collacott, Peter Kim, Glenn
Parker, Tim Shaw and Chad Wanke
ABSENT: None
STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the
Board; and Brian Engeln were present in the Board Room. Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy
Millea, Director of Environmental Services Lan Wiborg, Director of Human Resources Celia
Chandler,Tom Grant, Laura Klinger,Tina Knapp, Laura Maravilla, Jeff Mohr, and Wally Ritchie
participated telephonically.
OTHERS PRESENT: Brad Hogin (General Counsel) was present in the Board Room.
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore announced that she received a request from General Manager
Jim Herberg to pull Item No. 3 from the agenda.
REPORTS:
Chair Shawver announced that the July Operations, Administration, and Legislative and
Public Affairs Committees will be held on their regular date and time and will continue to take
place remotely.
Page 1 of 4
STEERING COMMITTEE Minutes June 24, 2020
General Manager Jim Herberg provided a brief COVID-19 update.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2020-1111
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Steering Committee held May 27, 2020.
AYES: David Shawver, John Withers, Robert Collacott, Peter Kim, Glenn
Parker, Tim Shaw and Chad Wanke
NOES: None
ABSENT: None
ABSTENTIONS: None
2. GENERAL MANAGER'S FY 2019-2020 WORK PLAN YEAR-END 2020-1049
UPDATE
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the General Manager's FY 2019-2020 Work Plan Year-End Update.
AYES: David Shawver, John Withers, Robert Collacott, Peter Kim, Glenn
Parker, Tim Shaw and Chad Wanke
NOES: None
ABSENT: None
ABSTENTIONS: None
NON-CONSENT:
None.
INFORMATION ITEMS:
3. INTERIM FOOD WASTE RECEIVING FACILITY, PROJECT NO. 2020-1092
P2-124, AND PRICING POLICY DISCUSSION
Originator: Lorenzo Tyner
ITEM WAS PULLED FROM THE AGENDA.
Information Item.
Page 2 of 4
STEERING COMMITTEE Minutes June 24, 2020
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4) & 54957(b)(1):
The Committee convened in closed session at 5:15 p.m. to discuss two items. Confidential
minutes of the Closed Sessions have been prepared in accordance with the above
Government Code Sections and are maintained by the Clerk of the Board in the Official Book
of Confidential Minutes of Board and Committee Closed Session Meetings.
CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2020-1112
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
CONVENED IN CLOSED SESSION:
Number of Potential Cases: 1
Initiation of litigation regarding development fees and conditions at Project OCSD
Headquarters Building: City of Fountain Valley
CS-2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1) 2020-1005
CONVENED IN CLOSED SESSION:
Public Employee Performance Evaluation
Number of Employees: 1
• General Manager
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 6:02 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
Page 3 of 4
STEERING COMMITTEE Minutes June 24,2020
ADJOURNMENT:
Chair Shawver declared the meeting adjourned at 6:03 p.m. to the next Steering Committee
meeting to be held on Wednesday, July 22, 2020 at 5:00 p.m.
Submitted by:
Kelly A. Lo , MMC
Cler of th Board
Page 4 of 4
MINUTES OF THE MEETING
GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE
Monday, January 13, 2020
OCSD Director Shawver called the Groundwater Replenishment System Steering Committee
meeting to order in the Boardroom at the District office. Following the Pledge of Allegiance to
the flag, the Secretary called the roll and reported a quorum.
Committee Members
David Shawver
Roger Yoh
James Ferryman
Cathy Green
Tim Shaw
Vicente Sarmiento
Alternates
Jesus Silva
Phil Hawkins (absent)
Erik Peterson
Tri Ta
Dina Nguyen (absent)
Steve Sheldon (absent)
OCWD Directors Bilodeau, Brandman and Rowe were in attendance.
OCWD Staff OCSD Staff
Mike Markus, Mehul Patel Jim Herber , Daisy Covarrubias
Christina Fuller, Assistant District Secretary
• Annual Reorganization of GWRS Steering Committee Officers
GWRS Steering Committee member David Shawver stated the Steering Committee
reorganizes on an annual basis. It was a consensus of the Committee members present to
approve the following nominations:
• 2020 GWRS Steering Committee Chair— OCWD Director Roger Yoh
• 2020 GWRS Steering Committee Vice Chair— OCSD Director David Shawver
CONSENT CALENDAR
The Consent Calendar was approved upon motion by Director Green, seconded by Director
Shaw and carried [6-0] as follows.
Yes—Shawver, Yoh, Green, Shaw, Sarmiento, Silva
1. Minutes of Previous Meeting
The minutes of the GWRS Steering Committee meeting held October 14 , 2019 are
approved as presented.
INFORMATIONAL ITEMS
2. GWRS Operations Update
Executive Director of Operations/GWRS Mehul Patel reported that the average daily
production for the quarter, October through December, was 92 mgd. He advised the average
production was lower than normal due to OCSD collection system capital improvement project
P2-72B that limited flow to the GWRS. He reported that this project will eventually improve
flows to GWRS by up to 8 mgd when completed in the last quarter of 2020. Mr. Patel reported
that as of December 31, 2019, the GWRS Fiscal Year 2019-2020 production total is 51,631 of
which is 294 of below the target production running average of 51,925 of for the 2019-2020
fiscal year.
3. Update on GWRS Final Expansion
Mr. Patel stated that OCWD awarded the Microfiltration (MF) system supplier contract to
Evoqua at the December 18 Board of Directors meeting. He reported OCWD realized
substantial cost savings on the MF modules to be provided as part of the project. He advised
that these cost savings will be applied to the GWRSFE Project Budget.
4. Quarterly Outreach Report [October— December 20191
Principal Communications Specialist Gina Ayala reported that there were approximately 46
tours during the fourth quarter of 2019.
ADJOURNMENT
There being no further business to come before the Committee, the meeting was adjourned at
5:30 p.m.
OCWD DWctor R er Yoh, Chair
2
oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
BOARD OF DIRECTORS (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1178 Agenda Date: 8/26/2020 Agenda Item No: 6.
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
COLLECTION OF SEWER SERVICE CHARGES VIA THE TAX ROLL
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Conduct a public hearing to receive input on a report filed with the Clerk of the Board entitled:
"Sewer Service Charges for Collection on Tax Rolls for Fiscal Year 2020-21
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. Unless there is a majority protest, adopt the report, which has the assessor's parcel numbers
and amount of charges for collection on the tax rolls;
C. Adopt Resolution No. OCSD 20-09 entitled "A Resolution of the Board of Directors of the
Orange County Sanitation District adopting the Report proposing to collect Sewer Service
Fees on the Tax Roll for Fiscal Year 2020/2021";
D. Authorize execution of the "Certification of Assessment";
E. Direct staff to file a certified copy of the adopted Resolution, Report, and the Certification of
Assessment with the County Auditor-Controller; and
F. Direct staff to coordinate collection of sanitary sewer service charges on the general Orange
County tax rolls with the County Auditor-Controller, Assessor, and Tax Collector.
BACKGROUND
Sections 5473 and 5473.1 of the State Health and Safety Codes allow the Orange County Sanitation
District (Sanitation District) to collect the Sanitary Sewer Service Charges on the County's Property
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File #: 2020-1178 Agenda Date: 8/26/2020 Agenda Item No: 6.
Tax Roll. The Sanitation District has exercised this option in the past because it has proven to be a
cost-effective method of collection. To collect the charges on the tax roll it is necessary annually to:
1. File a report with the Clerk of the Board identifying each parcel of real property receiving the
Sanitation District's services and the amount of the charge; and
2. Provide notice and conduct a public hearing on the report.
RELEVANT STANDARDS
• Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
• Cost-effective and most efficient method to collect sewer service fees
PROBLEM
The California Health and Safety Code requires a public hearing on the annual report of charges and
mechanism to collect sewer fees.
PROPOSED SOLUTION
Provide notice of and hold a public hearing on annual charges and adopt a resolution directing the
County Tax Collector-Treasurer to include local and regional sanitary sewer service charges on the
tax roll.
TIMING CONCERNS
Special Assessments are due to the County Auditor-Controller in August to be included on the tax
roll.
RAMIFICATIONS OF NOT TAKING ACTION
Approximately $312 million of sanitary sewer service charges would not be collected on the County
tax roll.
PRIOR COMMITTEE/BOARD ACTIONS
Similar hearings are conducted annually to enable the Sanitation District to collect local and regional
sanitary sewer service charges via special assessments on the tax roll.
June 2020 - The Board of Directors reduced the approved Single Family Residential (SFR) rates,
Multi-Family Residential (MFR) rates and Industrial Discharges Charge for Fiscal Year 2020-21.
March 2018 - The Board of Directors approved the Multi-Year Regional Sewer Service Charge
Schedule.
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File #: 2020-1178 Agenda Date: 8/26/2020 Agenda Item No: 6.
FINANCIAL CONSIDERATIONS
Collecting sanitary sewer service charges on the County tax roll is the most efficient and cost-
effective way of collecting these charges from property owners.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Resolution No. OCSD 20-09
• Prop 218 Certification of Assessment
• "Sewer Service Charges for Collection on Tax Rolls for Fiscal Year 2020-21" filed
electronically in the Clerk of the Board's office
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RESOLUTION NO. OCSD 20-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING THE
REPORT PROPOSING TO COLLECT SEWER SERVICE
FEES ON THE TAX ROLL FOR FISCAL YEAR 2020/2021
WHEREAS, California Health and Safety Code sections 5473 et seq. authorize the
Orange County Sanitation District (Sanitation District) to adopt an ordinance by a
two-thirds vote of the Board of Directors of the Sanitation District to collect sewer service
fees on the tax roll, in the same manner and at the same time as the general taxes; and
WHEREAS, on March 28, 2018, the Board of Directors adopted Ordinance
No. OCSD-49, an ordinance establishing sanitary sewer service charges and allowing for
the collection of such sanitary sewer service charges ("Regional Sewer Fees") on the tax
roll, in the same manner, by the same persons, and at the same time as, together with,
and not separate from, its general taxes; and
WHEREAS, on May 22, 2013, the Board of Directors adopted Ordinance
No. OCSD-43, an ordinance establishing local sanitary sewer service charges for
customers receiving local sanitary sewer service in former revenue area 7 and allowing
for the collection of such local sanitary sewer service charges ("Local Sewer Fees") on
the tax roll, in the same manner, by the same persons, and at the same time as, together
with, and not separate from, its general taxes; and
WHEREAS, pursuant to California Health and Safety Code sections 5473 et seq.,
a written report (the "Report"), a copy of which is filed electronically with the Clerk of the
Board of Directors of the Sanitation District and by this reference incorporated herein,
describing each parcel of real property subject to said Regional Sewer Fees and Local
Sewer Fees, including the amount of said charges to be imposed thereon for Fiscal Year
2018-2019; and
WHEREAS, the District has caused notice of the filing of the Report to be published
and has given notice of the hearing to consider such Report in accordance with California
Health and Safety Code section 5473.1-1 and
WHEREAS, the Board of Directors have heard and considered all objections and
protests to the Report and has determined and hereby finds that protests have not been
made by the owner of a majority of the separate parcels of property described in the
Report; and
WHEREAS, the Board of Directors have determined to adopt the Report and
collect the Regional Sewer Fees and the Local Sewer Fees on the tax roll, which fees
shall constitute a lien against the parcels or parcels of land described in the Report in
accordance with California Health and Safety Code sections 5473 et. seq.
OCSD 20-09-1
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1: The above recitals are true and correct.
Section 2: The Report as presented is hereby adopted.
Section 3: The Clerk of the Board, or the designee, is hereby directed to file a
copy of the Report with the Orange County Auditor's Office, together with a statement
endorsed thereon over his/her signature that the Report has been adopted by the Board
of Directors of the Sanitation District and shall request that said Regional Sewer Fees
and Local Sewer Fees be entered against the respective parcels of land as they appear
on the current assessment roll pursuant to California Health and Safety Code sections
5473 et seq.
Section 4: That pursuant to California Health & Safety Code Section 5473, this
Resolution shall remain in full force and effect until amended or repealed, or until such
time as the rates of sanitary sewer service charges, as established by Ordinance Nos.
OCSD-49 and OCSD-43, are changed by increasing the annual rate.
Section 5: That the General Manager, or his designee, is hereby authorized and
directed to execute any necessary documents or agreements to affect the order set forth
in Section 3 herein.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
August 26, 2020.
David John Shawver
Chairman of the Board of Directors
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
OCSD 20-09-2
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. OCSD 20-09 was passed and
adopted at a regular meeting of said Board on the 26th day of August 2020, 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 August 2020.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 20-09-3
CERTIFICATION OF ASSESSMENT
The Orange County Sanitation District hereby certifies that the special assessment(s) (see below)
to be placed on the 2020-21 Secured Property Tax bill by the Orange County Sanitation District
meets the requirements of Proposition 218 that added Articles XIIIC and XIIID to the State
Constitution.
The Orange County Sanitation District agrees to defend, indemnify and hold harmless the County
of Orange, the Board of Supervisors, the Auditor-Controller, its officers and employees, from
litigation over whether the requirements of Proposition 218 were met with respect to such
assessment(s).
If any judgment is entered against any indemnified party as a result of not meeting the
requirements of Proposition 218 for such assessment(s), the Orange County Sanitation District
agrees that County may offset the amount of any judgment paid by an indemnified party from any
monies collected by County on Orange County Sanitation District behalf, including property taxes,
special taxes, fees, or assessments.
James D. Herberg Date
General Manager
2020-21 Special Assessments and/or Direct Charges are listed below:
County Type of Tax/
City/District Code Description
1. UA/090 Local Sewer Service Fee
2. U1/090 OCSD Sewer User Fee District 1
3. U2/090 OCSD Sewer User Fee District 2
4. U3/090 OCSD Sewer User Fee District 3
5. U4/090 OCSD Sewer User Fee District 5
6. U5/090 OCSD Sewer User Fee District 6
7. U6/090 OCSD Sewer User Fee District 7
8. U7/090 OCSD Sewer User Fee District 11
9. U8/090 OCSD Sewer User Fee District 13
oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
BOARD OF DIRECTORS (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1221 Agenda Date: 8/26/2020 Agenda Item No: 7.
FROM: James D. Herberg, General Manager
Originator: James D. Herberg, General Manager
SUBJECT:
GENERAL MANAGER'S FISCAL YEAR 2020-21 WORK PLAN
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the General Manager's Fiscal Year 2020-21 Work Plan.
BACKGROUND
Each year, the General Manager prepares a work plan of activities supporting the Orange County
Sanitation District's strategic goals and initiatives to be accomplished during the fiscal year. The draft
work plan was submitted to the Steering Committee for review and input in July 2020. The final work
plan is being submitted to the Steering Committee and Board for approval.
RELEVANT STANDARDS
• Sustain 1, 5, 20-year planning horizons
• 24/7/365 treatment plant reliability
• Negotiate fair and equitable labor agreements
• Commitment to safety & reducing risk in all operations
• Meet volume and water quality needs for the GWRS
• Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
PRIOR COMMITTEE/BOARD ACTIONS
July 2020 - The draft work plan was submitted to the Steering Committee for review and input.
ADDITIONAL INFORMATION
The General Manager's work plan includes goals for the 2020-2021 fiscal year. The work plan has
four areas of focus, which follows the structure of the 2020 Strategic Plan (link included as an
attachment) adopted by the Board of Directors on November 20, 2019 that include: Business
Principles, Environmental Stewardship, Wastewater Management, and Workplace Environment.
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File #: 2020-1221 Agenda Date: 8/26/2020 Agenda Item No: 7.
CEQA
N/A
FINANCIAL CONSIDERATIONS
All items included in the General Manager's work plan are budgeted in the 2020-2021 and 2021-2022
Budget and are in alignment with the policy set forth by the Board of Directors in the 2020 Strategic
Plan.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• General Manager's Fiscal Year 2020-2021 Proposed Work Plan
• 2020 Strategic Plan: <http:HmVocsd/qm/pio/Documents/StrategicPlan20l9 Final.pdf>
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JH`I SANlr,/O
° �ryos ORANGE COUNTY SANITATION DISTRICT
P Memorandum
9
OJ
Fir
p N
THE
August 26, 2020
TO: Chairman and Members of the Board of Directors
FROM: James D. Herberg, General Manager
4—
SUBJECT: General Manager's Fiscal Year 2020-2021 Proposed Work Plan
am pleased to present my proposed work plan for Fiscal Year 2020-2021. This plan has
been developed based on the 2020 Strategic Plan adopted by the Board of Directors on
November 20, 2019 and is organized under the four Strategic Planning categories:
Business Principles, Environmental Stewardship, Wastewater Management, and
Workplace Environment. The 17 work plan goals that I am proposing for next year
support our efforts to ensure that our operations are safe; we continue to attract, develop,
and retain a capable workforce; and, that we enhance our sustainability by maximizing
water recycling and implement sound financial practices. This forward-looking work plan
is designed to position our agency to continue providing our customers with a high level
of service while seizing opportunities and meeting future challenges.
1. Business Principles
• Budget Control and Fiscal Discipline — Provide the Administration
Committee with an analysis of options, including an IRS Section 115 Trust
for funding the Sanitation District's pension obligations by October 31,
2020.
• Asset Management— Update the Asset Management Plan by December 31,
2020 including an inventory of critical assets for each process area and the
collection system; an evaluation of their condition and performance; and,
an updated implementation plan to maintain, rehabilitate, and replace
these assets to meet the required levels of service at the lowest life cycle
cost and at an acceptable level of risk.
• Headquarters Project — Complete site preparation for the new
Headquarters facility, Project P1-128C, by June 30, 2021.
• Cybersecurity/Safety— Develop and conduct two emergency response and
recovery drills for our interplant digester gas line and a cybersecurity breach
by June 30, 2021.
• Property Management — Inspect real property, easements, and rights-of-
way for encroachments and encumbrances which limit access or impede
proper use of the right by December 31, 2020. Develop action plans by June
30, 2021 that restore long-term use for identified encroachments or
encumbrances.
2. Environmental Stewardship
• Energy Independence — Overhaul two Central Generation Engines to begin
the second 25-year operations cycle for the Central Generation Facilities by
June 30, 2021.
• Climate and Catastrophic Event Resilience — Execute a contingency
biosolids disposal agreement with Orange County Waste and Recycling to
formally establish a local emergency failsafe biosolids disposal option by
March 31, 2021.
• Food Waste Treatment — Complete market assessment for food waste
feedstock co-digestion at OCSD. Solicit bids to construct the Interim Food
Waste Facility at Plant No. 2, Project P2-124, by December 31, 2020.
Page 2
• Water Reuse — Study alternatives to reduce the use of City Water in its
operations by October 31, 2020 and implement water saving measures by
June 30, 2021.
• Environmental Water Quality, Stormwater Management and Urban
Runoff — Complete business process mapping for source control permit
management, compliance data management, and Environmental
Protection Agency compliant reporting to evaluate the current system and
alternatives for enhancing the system. Complete final report and
recommendations by March 31, 2021.
3. Wastewater Management
• Chemical Sustainability — The Sanitation District will develop a plan to
maintain at least two suppliers for Iron based coagulants at all times with a
final report out to the Board of Directors by June 30, 2021.
• Biosolids Management — Conduct an annual review of the regulatory
aspects of the OCSD Biosolids Management Plan to adjust for evolving
regulations for contaminants of emerging concern and update contingency
options as needed. Provide an informational update to the Board of
Directors by June 30, 2021.
• Constituents of Emerging Concern — Continue OCSD's leadership role in
developing analytical capability, advocating for sound science and
regulations, and identification of significant sources in constituents of
emerging concerns such as per- and polyfluoroalkyl (PFAS) and
microplastics. Provide an informational briefing to the Board of Directors
by June 30, 2021. Provide preliminary results from the California State
Water Resources Control Board investigative order for PFAS by June 30,
2021.
Page 3
4. Workplace Environment
• COVID-19 Pandemic Response and Recovery— Continue to respond to the
COVID-19 pandemic with operations remaining in full permit compliance
while providing a safe workplace and complying with the Center for Disease
Control and Prevention health official guidance, and applicable
employment and labor laws. Develop a "reopening plan" and present it to
the Board of Directors by September 30, 2020.
• Safety and Physical Security — Complete implementation of an Industrial
Hygiene Program and a Job Safety Analysis program to meet the Voluntary
Protection Program requirements by June 30, 2021.
• Classification and Compensation Study— Begin preparations for an agency
wide Classification and Compensation Study by completing a Request for
Proposal for a specialized vendor and accessing, discussing, and meeting
and conferring regarding the 17 survey agencies by June 30, 2021.
• Succession Planning — Conduct two specialized training classes for
supervisors, managers, and executive management team members and
provide organizational awareness coursework via OCSD University for all
employees with a final report out in June 30, 2021.
Page 4
oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
BOARD OF DIRECTORS (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1222 Agenda Date: 8/26/2020 Agenda Item No: 8.
FROM: James D. Herberg, General Manager
Originator: James D. Herberg, General Manager
SUBJECT:
WATER UCI INDUSTRY UNIVERSITY RESEARCH CENTER ANALYSIS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Authorize the General Manager to enter into an agreement with the University of California, Irvine
(UCI) and the UCI Foundation with a contribution of $50,000 for the Sewershed-scale analysis of
perfluorinated compounds in wastewater in partnership with the Orange County Water District, Irvine
Ranch Water District, Santa Margarita Water District, and Moulton Niguel Water District; in a form
approved by General Counsel.
BACKGROUND
Per- and polyfluoroalkyl substances (PFAS) are synthetic chemicals that have been widely used in
consumer and industrial products since the 1940s due to their resistance to heat, water, and oil.
These chemicals do not break down readily in the environment and can accumulate over time. As a
result of their presence in everyday items, more than 95 percent the U.S. population has PFAS in
their bodies, according to the Center for Disease Control and Prevention (CDC).
This year, the California Division of Drinking water issued new notification and response levels of
PFAS for drinking water. These levels are more stringent than the health advisory levels established
by the U.S. Environmental Protection Agency in 2016.
In July 2020, the Orange County Sanitation District (Sanitation District) received an order from the
State Water Board to begin testing our influent, effluent, and biosolids for PFAS compounds on a
quarterly basis. Utilities like the Sanitation District are receivers of PFAS compounds from incoming
wastewater and the sources of these compounds in wastewater influent have not been documented.
The objectives of the proposed project with the UCI Industry Research Center are to develop a
methodology to identify the sources of PFAS in wastewater influent, and to implement the
methodology to identify the primary sources of PFAS by analyzing samples of commercial, industrial,
and domestic sewage. The data obtained will be used to quantify contributions of PFAS to the
wastewater stream, identify specific products/processes leading to large PFAS releases, and
investigate PFAS compounds from different sources.
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File #: 2020-1222 Agenda Date: 8/26/2020 Agenda Item No: 8.
RELEVANT STANDARDS
• Maintain and adhere to appropriate internal planning documents - 2019 Strategic Plan
• Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
PROBLEM
The sources of PFAS compounds that could be entering the Sanitation District's influent wastewater
have not been identified, and a methodology for identifying these sources has not been developed.
PROPOSED SOLUTION
Enter into an agreement with the UCI with a contribution of $50,000 and participate in the cooperative
research program to identify sources of PFAS in influent wastewater.
TIMING CONCERNS
The Water UCI Industry Research Center is planning to begin the project in Fall 2020.
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District would miss out on the opportunity to leverage our contribution with other water
and wastewater agencies and UCI to research the sources of PFAS in wastewater.
PRIOR COMMITTEE/BOARD ACTIONS
November 2019 Strategic Plan - Wastewater Management, Constituents of Emerging Concern
Policy.
CEQA
As the Lead Agency, CEQA applicability and efforts will be conducted by UCI.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted. (Line item: Section 5, Page 6).
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Water UCI - Full Proposal
• Water UCI - OCSD Draft Agreement
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Title of Proposed Project: Sewershed-scale analysis of perfluorinated compounds in wastewater
from domestic, commercial, and industrial sewerage system users
Budget: $140,000
Duration: August 1, 2020—July 31, 2021
Principal Investigator
Adeyemi Adeleye, PhD
Assistant Professor
Department of Civil and Environmental Engineering
University of California, Irvine, CA 92697
Email: adeyemi.adeleye(&,,uci.edu
Phone: (949) 824-5819 -
Co-Principal Investigator
Russell Detwiler, PhD
Associate Professor
Department of Civil and Environmental Engineering
University of California, Irvine, CA 92697
Email: detwiler(&,,uci.edu
Phone: (949) 824-7152
Project Summary
Per- and polyfluoroalkyl substances(PFAS) are synthetic chemicals that have been widely
used in consumer and industrial products since the 1940s due to their hydro/oleo-phobicity. PFAS
are persistent in the environment, bioaccumulate in living tissues, and could be toxic at very low
concentrations. Humans are exposed to PFAS via a variety of pathways, including consumption
of foods and drinks from PFAS-embedded containers. Some of the ingested PFAS is eliminated
though urine and feces, which introduces PFAS into the municipal wastewater stream. PFAS may
also be released into raw wastewater from textile during laundry, and during use of PFAS-
containing personal care products. Although a few studies have quantified the PFAS content of a
few consumer products, the actual contribution of households to the load of PFAS in raw
wastewater is currently unknown. In addition to residences, commercial (such as dry cleaning and
laundromats) and industrial users of the sewerage system may also contribute PFAS to the influent
of a wastewater treatment plant (WWTP). The amount of PFAS and the major products or
processes leading to high release of PFAS from commercial and industrial operations into raw
wastewater are not currently known.
PFAS are not effectively removed during conventional wastewater treatment. Thus, the
presence of PFAS in raw wastewater and treated effluent is a threat to water security as it
challenges water reuse practices. Upstream and downstream strategies to decrease PFAS
concentrations in the wastewater stream require an understanding of the PFAS flux originating
from different users of the sewerage system. The objectives of this proposed project are to (1)
develop a methodology to identify the sources of PFAS in the sewershed of a WWTP in Orange
County, that can be replicated elsewhere for PFAS or other contaminants; and (2) work with a
WWTP selected by the Industry Advisory Board (IAB) to implement the methodology, with the
goal of identifying the primary sources of PFAS to the Plant's sewerage system.Additional studies
will be conducted to identify specific products leading to large PFAS release from residences.
Samples will be collected from residences (including greywater and blackwater),
commercial operations, and industries within the sewershed of the selected WWTP. Different
types of residences and commercial operations will be sampled in order to have representative
samples for the sewershed. Samples will also be collected from the conveyances (sewer lines)
upstream of the WWTP headworks, WWTP influent, treatment units, and effluent. A total of 600
samples will be analyzed for commonly detected PFAS (including the perfluoroalkyl acids
detected in drinking water wells in California), following EPA Methods 8327 and 3512. The data
obtained will be used to quantify contributions of PFAS from sewerage users to the wastewater
stream, identify specific products/processes leading to large PFAS releases, and investigate
patterns in PFAS composition from different sources (residential, commercial, and industrial).
Intellectual Merit and Benefit: To our knowledge, this will be the first study to quantify the flux
and composition of PFAS from the originators of raw wastewater in a sewershed. The focus on
units (e.g. households) instead of specific products provides a more wholistic view of PFAS
release. The data from this project will inform efforts to control the levels of PFAS in wastewater
influent and effluent, which is of direct benefit to wastewater and water utilities. Overall, the
knowledge provided by the proposed study can be used to decrease the environmental release of
PFAS, using engineering controls, substitution of PFAS-containing products, and behavioral
changes by community members/sewerage users. Findings from this study will be disseminated
via reports to the IAB, a peer-reviewed publication, and conference presentations.
I
Project Description
1. Background
1.1 Introduction and objectives
Per- and polyfluoroalkyl substances (PFAS) are synthetic fluorinated organic compounds
that are widely produced and used in industrial, commercial, and consumer products due to their
ability to repel oil, grease, and water [1-8]. Popular uses of PFAS include fire-fighting foams, and
oil and water repellent surface coatings for food packaging,textiles, furnishings, and cookware [1,
2, 4, 9]. Although about 5000 PFAS compounds have been produced globally [1, 6],
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) were the most extensively
produced PFAS in the United States until the last decade [6].
PFAS are generally made up of a hydrophobic backbone (with 4 to 14 carbon atoms) and
a hydrophilic functional headgroup (commonly, carboxylates, sulfonates, phosphates, and
sulfonamides) [10]. Fluorine atoms are bonded to most, if not all, the carbon in the backbone of
PFAS. Carbon-fluorine (C-F) bonds are the strongest bonds in organic chemistry [I I]; and the
high content of these bonds in PFAS makes the compounds difficult to break down. In addition,
some PFAS have the potential to affect human health adversely at low concentrations [12-14].
Concerns about the persistence, bioaccumulation, and health effects of PFOA and PFOS led to
phasing out their production in the United States. However, the compounds are still produced
internationally and can be imported into the United States in consumer goods. In several products,
PFOS and PFOA have been replaced by shorter-chain perfluoroalkyl sulfonates (PFSAs,
CnF2n+iSO3H, n< 6) and perfluoroalkyl carboxylic acids (PFCAs, CnF2n+1COOH, n< 7),
respectively [6, 15, 16] . Hence, the market share and environmental detection of the replacement
short-chain PFAS (such as perfluorobutanoic acid [PFBA], perfluorobutane sulfonate [PFBS]
etc.),and PFAS with different chemical functional groups(such as ammonium 2,3,3,3,-tetrafluoro-
2-(heptafluoropropoxy)-propanic acid [GenX]) is increasing [13, 16-21].
Human exposure to PFAS and their precursors occurs through work-related activities [22-
24],the use of PFAS-containing consumer products and consumption of PFAS contaminated foods
and drinks [2, 9, 23, 25-29]. The Centers for Disease Control and Prevention (CDC) reported
nearly universal detection of long-chain PFAS (such as PFOA and PFOS) in the serum of US
general population [13, 30]. In humans and other living organisms, PFAS are eliminated though
urine and feces [13, 15, 31-34], which introduces the persistent chemicals into the municipal
wastewater stream. PFAS may also be released into the sewerage system from textile during
laundry [2, 35], and use of other consumer products that contain PFAS [4, 36, 37]. Although a few
studies have quantified the amount of a few PFAS in selected products [2, 4, 28, 36], the actual
contribution of households to the load of PFAS in raw wastewater is currently unknown. A
previous study investigating the relative contribution of greywater and blackwater streams to N-
nitrosamines and their precursors in municipal wastewater found that laundry water was the most
significant source of N-nitrosamines [38]. A similar approach can reveal the relative contributions
of greywater and blackwater from households to the PFAS loading of municipal wastewater.
In addition to residences, commercial operations (such as professional car wash, dry
cleaning companies, and laundromats) and industry (such as chrome plating) that discharge into
the sewerage system may also contribute large amount of PFAS to raw wastewater [8,24, 39, 40].
It has been shown that car paints, automobile waxes, and several car wash products contain PFAS
at concentrations greater than 1000 µg/kg [4]. These car wash products are on the market and are
used by individuals and professional car washes.PFAS levels exceeding 9000 µg/kg were detected
1
in the groundwater at a car wash operation in North Hampton, New Hampshire in 2016 [41].
Similarly, laundromats are potentially a major contributor of PFAS to the sewerage system due to
the content of PFAS in textiles [2], and fabric sprays [4]. The Michigan PFAS Action Response
Team (MPART) recently detected PFAS in groundwater samples collected around a former
laundromat/commercial dry-cleaner(Wash King Laundry, Baldwin, Michigan) [42].
Fume suppressants used in chromium electroplating operations often contain PFOS. PFOS
concentration range of 31.4-39,000 ppt (parts per trillion) was detected in the effluent of eleven
chrome plating facilities (in Illinois and Ohio) discharged to wastewater treatment plants
(WWTPs) [43]; and a much higher concentration of PFOS was earlier reported in the effluent of a
chrome-plating operation in Brainerd, Minnesota [43]. In a 2003 survey conducted by California
Air Resources Board, more than 85% of chromium electroplating facilities in California used a
fume suppressant. Although the use of PFOS-containing fume suppressants in California was
halted in 2016, other PFAS compounds (that are alternatives to PFOS) may be present as active
ingredients. Chrome plating facilities in California are considered an important source of PFAS to
WWTPs, but there is no data on the actual contribution of these facilities. In addition to the
potential occurrence of PFAS in the discharges from these facilities to WWTPs, PFAS may also
be present in groundwater around the facilities,as well as soil,and thus,runoff during storm events.
PFAS are hardly removed during conventional wastewater treatment [19, 44-47]; hence,
their presence in raw wastewater and treated effluent poses a concern to the wastewater and water
utilities, challenging established practices such as water reuse and environmental discharges [18,
48-50]. The objectives of this proposed project are to (1) develop a methodology to identify the
sources of PFAS in the sewershed of a WWTP in Orange County,that can be replicated elsewhere
for PFAS or other chemicals of emerging concern (CECs); and (2) work with a WWTP selected
by the Industry Advisory Board(IAB)to implement the methodology,with the goal of identifying
the primary sources of PFAS to the Plant's sewerage system. Contribution of industrial,
commercial, and residential users of the selected Plant's sewerage will be evaluated.
1.2 Rationale and Significance
Upstream and downstream strategies to decrease PFAS flux into WWTPs require an
understanding of the contributions of the users of sewerage systems. Examples of upstream
strategies include behavioral changes by residents, voluntary/mandatory phasing out of PFAS-
containing products by commercial and industrial users, etc. [25, 51]. Thus, it is important to
quantify the PFAS fluxes into the municipal wastewater stream from industrial, commercial, and
residential users, including sub-contributions from residential greywater and blackwater. It is also
important to understand PFAS transformation within the sewer system since products leading to
PFAS loading may contain unregulated precursors, which may transform to regulated PFAS
compounds during transport in the sewer system and/or treatment in WWTPs [52, 53]. This
proposed study will develop and implement a methodology for sewershed analysis to identify
important raw wastewater sources of PFAS, which can be replicated elsewhere for PFAS or other
contaminants. The data from this project will inform efforts to control the levels of PFAS in
wastewater influent and effluent,which is of direct benefit to WWTPs and water utilities. Overall,
the knowledge gained from the proposed study can be used to decrease the environmental release
of PFAS, using engineering controls and/or behavioral changes by community members.
2. Scope of Work
To achieve the objectives stated earlier in this proposal,four main tasks,divided into eleven
sub-tasks, will be performed.
2
ZI Task]:Framework development
2.1.1 Methodology design: The first objective of this project is to develop a framework to
identify the major contributors of PFAS to the raw wastewater stream of WWTPs. The approach
developed will be generally applicable to other CECs in terms of defining sampling targets,
dividing sampling among contaminant sources, and between upstream (sources) and downstream
(conveyance) locations, etc. Feedback will be sought from the IAB during the methodology
development to ensure that the framework completely captures the vision of the IAB. Our team is
considering two approaches (Approach 1 and Approach 2) for the framework that will allow us to
get the most relevant data, pursuant to budgetary constraint.
Approach 1 will emphasize upstream sampling of HAS sources. With this approach, the
largest sampling proportion will go to
the residential, commercial, and
industrial sources in the sewershed of
4 _ the selected WWTP. Downstream
locations within the sewerage system,
where there is a blend of two or three
1-1 of those sources will also be highly
analyzed. Examples of highly
emphasized sampling locations in
Approach 1 are indicated with "X" in
Figure 1. There will be little emphasis
on lateral pipelines that take the
Figure 1.A typical sanitary sewer system, showing sewage away from homes or
locations that will be emphasized by Approach 1. businesses into sewer mains. The main
advantage of this approach is that there
will be relatively larger amount and spread of data from the different PFAS sources.
Approach 2 will "more evenly" spread sampling among upstream PFAS sources and the
entire conveyance system (including lateral pipelines, sewer mains, and trunklines). In this case,
fewer samples will be collected from the sources (i.e. residential, commercial, and industrial
sewerage users) compared to Approach 1. Approach 2 allows for a better understanding of
potential PFAS removal (e.g. via adsorption to sewer lines) and transformation during transport.
2.1.2 Framework finalization meeting with IAB: The research team will communicate regularly
with the IAB as needed during the framework development. Once finalized, a meeting will be set
up with IAB to adopt the framework and discuss the WWTP selected by the IAB for the study.
Z2 Task 2:Determination of PFAS contribution of sewerage users
Samples will be collected from residences, commercial operations, and industries within the
sewershed of the selected WWTP. Samples will also be collected from the conveyances upstream
of the WWTP headworks, regardless of the approach selected for the framework. Additional
samples will be collected from the WWTP influent, and effluent. Some sampling may also be
performed within the Plant.Runoff samples will be collected from selected commercial operations
(e.g. laundromats) during winter storm events. Based on the budget for this proposed study, a total
of 600 samples will be analyzed for commonly detected PFAS (including all the perfluoroalkyl
acids [PFAAs] detected in drinking water wells in California), following EPA Methods 8327 and
3512 [54]. It should be noted that this total number does not include total oxidizable precursor
(TOP) analysis. TOP analysis can be performed on selected samples following standard methods
[55-58];but this will decrease the total number of samples to be collected and analyzed for PFAAs.
3
Our team intends to plan analysis apportionment(PFAA and/or TOP)based on feedback from and
the interest of the IAB during the framework development.
2.2.1 Planning meeting with selected WWTP and IAB: The goal of this meeting is to gain factual
knowledge of the WWTP's customers and to deliberate on(a) sewerage users' selection for study,
(b) outreach to sewerage users for participation in study, (c) selection of sewer lines to sample, (d)
logistics of sewer lines sampling, and(e) the logistics for in-WWTP and effluent sampling.
2.2.2 Recruitment of participants: In collaboration with the WWTP,we will reach out to selected
residential, commercial, and industrial users of the WWTP to recruit volunteers for sampling.
2.2.3 Sample collection for PFAS anal: Sample collection will start with the sewer lines,
WWTP influent, and other parts of the WWTP. This will allow us to start the project while we
recruit volunteers for in-home/-facility sampling. In addition, sampling the conveyance system
first may be useful for verifying the soundness of in-home/-facility sampling distribution/plan in
the framework before the commencement of implementation. In order words, data from sampling
the conveyance system may inform a need to modify upstream sampling among different users of
the sewerage system. It will be worthwhile to include additional CECs in this study due to the
effort and coordination, but sample collection and preparation for PFAS are very dissimilar to
other CECs'.For instance,while samples for PFAS analysis must be collected in plastic containers,
samples for microplastics (an important CEC)must be collected in glassware. More impportantly,
preparation of wastewater samples for microplastics is completely different from that of PFAS.
Thus, different supplies, instruments, and personnel (time) will be needed for additional CECs,
which will exceed the IAB's budget for this project.
2.2.4 Sample preparation and anal: Our aim is to prepare and analyze all samples within 10
days. Sample preparation and analysis will be performed at UC Irvine.
2.3 Task 3:Identification of specific large sources of PFAS
2.3.1 Initial identification of major PFAS contributors: Major sources of PFAS will be identified
based on the analytical data obtained from Task 2.2.4 for the different samples. The data will also
be compared to the relative proportion of the specific source (e.g. total volume of residential
wastewater from laundry).
2.3.2 Confirmation of major PFAS sources: Depending on the findings from the initial
identification task, additional sampling or laboratory experiments may be used to confirm the
PFAS content of products identified as containing high levels of PFAS.
2.4 Task 4:Reports and presentations
2.4.1 Reports and presentation: Quarterly status reports will be provided to the IAB. At the end
of the project, a year-end final report and presentation will also be provided.
2.4.2 Results to participants: All the residential, commercial, and industrial sewerage users who
participate will be provided a result of their specific samples via mail at the end of the study.
2.4.3 Publication. The publication of a minimum of one peer-reviewed article is envisaged from
the project. For the article, we will seek to collaborate with interested IAB members and WWTP
scientists. Regardless of this potential collaboration, the IAB and/or WWTP will be allowed to
review the manuscript prior to submission.
3. Research Plan and Schedule
Bearing in mind the current situation in California with the COVID-19 pandemic, this
project is proposed to start in August 2020. Our belief is that some form of normalcy would have
returned to the state by August. In addition, the first part of the study (i.e. the framework
development) can be completed while maintaining physical distancing, and without field studies
4
or sampling. The research plans are discussed in the following sections and a summary of the
schedule is provided in Table 2.
3.1 Task 1:Framework development
3.1.1 Methodology design: The amount of PFAS present in raw wastewater is determined by(1)
the concentration of PFAS present in the discharge of each user/source; and (2) the volume
discharged into the wastewater stream by user/source. These two factors should inform sampling
proportionating among the sewerage users. However, information is lacking on the concentration
of PFAS typically released by any of the sewerage users. Thus, the framework, whether based on
Approach 1 or 2(discussed earlier),will primarily weigh distribution of sampling among sewerage
users based on the fraction of total raw wastewater volume contributed.
The methodology will consider how to collect samples. One composite sample, spread
across the hours of operation, will be planned for each commercial and industrial sewerage user,
unless a user's operation requires multiple sampling. For each resident, the framework will
recommend collection of samples from shower, kitchen sink, bathroom washbasin, laundry, urine
and feces similar to the approach used by Zeng and Mitch in a study mapping sources of N-
nitrosamine in residences [38].Based on the findings of a previous study that reported a correlation
between the gross domestic product (GDP) of cities and the average concentration of PFCAs
released by the residents into the municipal wastewater stream [19], the framework will consider
residences in areas representing different socioeconomic statuses within the sewershed. The
framework will also include plans for repeated sampling in selected residences, ands follow-up
studies to identify specific products leading to abundant PFAS release into the sewerage system.
Commercial and industrial establishments are different in each sewerage. The framework
will provide guidance on those to target for effluent analysis, particularly those that have been
identified are emitters of PFAS. These include those whose operations involve metal plating,
textiles, leather,paper-making or paper products, painting, dry cleaning, car washes, etc.
3.1.2 Framework finalization meeting with IAB Representatives: This meeting will be setup to
adopt the framework and finalize agreement on the WWTP selected for the study implementation.
3.2 Task 2:Determination of PFAS contribution of sewerage users
3.2.1 Planning meeting with selected WWTP: The goal of this meeting is for the research team
to gain an understanding of the (1) selected WWTP's distribution of residential, commercial, and
industrial users; and(2) operations of the commercial and industrial users in the sewerage system,
which will inform those to target for sampling. Discussions will also border on logistics of
WWTP's conveyance system sampling, and reaching out to sewerage users to participate in the
study. Our team intends to perform limited sampling of WWTP's influent, effluent, and major
treatment units, with the Plant's permission, which will also be discussed at this meeting.
3.2.2 Recruitment of participants: Letters inviting identified users of the sewerage to participate
in the study will be sent in collaboration with the selected WWTP. The letters will give a brief
overview of PFAS and the benefits of this study to the community. A brief information will be
provided on the detection of PFAS in consumer/industrial products and the need to quantify the
compounds in municipal waste streams. To encourage participation, the letters will offer
participants the result of their own samples at the end of the study.The invitation letter will include
a signup sheet, which those interested will mail back to our team at UC Irvine. Interested
participants may signup online via a website that will be created for the study and communicated
in the invitation letter. During signup, participants will be asked to indicate the best way to be
reached(such as email, telephone, or snail mail).
5
All interested participants that sign up will be contacted within two weeks using their stated
preferred communication channel. The goal of the follow up is to provide addition information
about the study, answer FAQs, go over the details of sample(s) needed, and schedule sample
collection. Participants will also be informed that there may be need for follow-up sampling.
Depending on the number of samples expected and the number of participants obtained from the
invitation letters, other avenues (such as flyers distribution within the sewershed, social media,
and local media outlets) may also be used to encourage increased participation.
3.2.3 Sample collection for PFAS analysis: Our aim is to collect composite samples from the
WWTP's conveyance system and treatment units to the extent possible. While 24-h composite
samples may be obtainable from the WWTP's influent and treatment units,the composite samples
from the sewer lines and users will likely be collected over a shorter period or will be one-time
grab samples.
Sewage samples have been analyzed in several studies, but method standardization is still
lacking [18, 44-47, 59, 60]. For instance, 100%
samples were collected using different ■PFBS ❑PFOS ■PFBA ■PFOA
containers (including high-density polyethylene
[HDPE], polypropylene [PP], and glass), and
sample size(0.25-2 L).HDPE and PP containers
were recommended by EPA Method 8327 [54]; 50%
but data from studies conducted in the laboratory
of the principal investigator (PI) showed that a
HDPE containers adsorb much less HAS than
PP (Figure 2). For this project, 2 L HDPE 0%
containers will be used to collect—1 L samples. PP c HDPE PS
Containers will be pre-rinsed with reagent Container material
(ultrapure) water, methanol, and the sample
before filling. Samples will be collected directly Figure 2. Results of PFAS adsorption to
into the HDPE containers using standard containers study performed in the PI's lab.PP
operating procedures [54]. = polypropylene, G = glass; HDPE = high-
For residences, shower,kitchen sink,and density polyethylene; and PS =polystyrene.
bathroom washbasin samples will be obtained by
stoppering the respective drains during typical uses. Wash water from laundry will be collected
within the last minute of typically used wash cycle and rinse cycle.Urine samples will be collected
using sterilized SAFE-D-Spense containers (Fisher Scientific), and fecal samples will be collected
using sterilized Commode specimen collection systems(Fisher Scientific).Urine and feces sample
collection and handling protocols will be reviewed and approved by the UC Irvine Institutional
Review Board. Samples from commercial and industrial users will be collected immediately prior
to entry into the public sewerage system, similar to a previous study performed at chrome-plating
operations [43]. Additional quality control samples will be collected at a few residences and
commercial/industrial facilities. These additional samples will include tap or rinse water
(background sample) and field blank. The field blank will be obtained by pouring reagent water
into a sample container while at the sampling location. Samples will be placed into iced coolers to
keep the temperature at< 6 °C from the time of collection until sample analysis [54].
Information on product used during wastewater generation will be obtained from sample
providers (e.g. soap brand, laundry detergent, fabric material, fume suppressant, etc.)
6
3.2.4 Sample preparation and anal: All samples will be analyzed within 10 days after
collection. Liquid samples will be prepared using a method adapted from EPA Methods 8327,
3512 (PFAS recovery from wastewater = 88.4-115.2% for low spike or 91.8-122.0% for high
spike), and the literature [44-46]. In brief, samples will be filtered, and then spiked with mass-
labeled internal standards. Both sample container and filter will be rinsed with methanol to desorb
any adsorbed PFAS. Solid phase extraction (SPE) will be used to concentrate the target analytes.
SPE cartridges will be preconditioned with 4 mL of 0.1%NH4OH in methanol, 4 mL methanol, 4
mL HPLC-grade water, and dried under vacuum. Analytes will be eluted from cartridges,
concentrated to dryness with nitrogen in a heated water bath, and then reconstituted a mixture of
methanol and water. Extract will be analyzed via liquid chromatography—tandem mass
spectrometry(LC-MS/MS).Fecal samples will be lyophilized and homogenized prior to extraction
by a modified ion-pair method [15]. Briefly, internal standards will be added to a known mass of
lyophilized feces, followed by the addition of 0.5 M TBAHS and 0.25 M carbonate buffer and
vortexing to mix. Three sequences of liquid-liquid extraction will then be performed using MTBE.
The MTBE extract will be evaporated with nitrogen and reconstituted with methanol and water.
The extract will be analyzed via LC-MS/MS. Prior to sample analysis, we will determine the
extraction efficiency for analyte from each sample matrix using mass-labeled surrogate analytes.
Table 1. Analytes that will be determines in all samples
Compound Abbreviation Structural
formula
Perfluorobutanesulfonic acid PFBS C4F9SO3-
Perfluoropentanesulfonic acid PFPeS C5Fi1SO3-
Perfluorohexanesulfonic acid PFHxS C6F13SO3-
Perfluoroheptanesulfonic acid PFHpS C7F15SO3-
Perfluorooctanesulfonic acid PFOS C8F17SO3-
Perfluorobutanoic acid PFBA C4F702-
Perfluoropentanoic acid PFPeA C5F902-
Perfluorohexanoic acid PFHxA C6F11O2
Perfluoroheptanoic acid PFHpA C7F1302
Perfluorooctanoic acid PFOA C8F1502
Perfluorononanoic acid PFNA CgF1702
Perfluorodecanoic acid PFDA C1oF1902-
Perfluoroundecanoic acid PFUnA C11F2102-
Perfluorododecanoic acid PFDoA C12F2302-
4,8-Dioxa-3H-perfluorononanoic acid ADONA C7H2F1204-
11-Chloroeicosafluoro-3-oxaundecane-l-sulfonic acid 11Cl-PF3OUdS CioF20C1SO4
9-Chlorohexadecafluoro-3-oxanonane-l-sulfonic acid 9C1-PF3ONS C8F16C1SO4
At minimum, the analytes will include the compounds listed in Table 1, which were
selected based on the HAS reported present in California Public Water Systems by the Division
of Drinking Water, and commonly detected PFAS in consumer products [2]. Total oxidizable
precursor(TOP) assay, if allowed by the budget,will be performed according to standard methods
[56, 61, 62]. Analysis will be performed on samples, field blanks, reagent water (with each
extraction batch), and quality control samples. The data obtained will be analyzed in a variety of
ways to make the most of them. For instance, ranking of sewerage users based on their
7
contributions of the most common PFAS (PFOS and PFOA), and different PFAS classes (e.g.
PFCAs and PFSAs). Greywater and blackwater sources from residences will be ranked based on
common and total PFAS contribution, and the relative contributions from different products.
Statistical approaches will also be used to investigate patterns in PFAS composition from different
users (residential, commercial, and industrial).
3.3 Task 3:Identification of specific large sources of PFAS
3.3.1 Initial identification of major PFAS contributors: Based on the results from the raw
wastewater input and background samples,the relatively large sources of PFAS in raw wastewater
will be identified. A list of the specific product(s)that potentially released abundant PFAS will be
generated from the additional product information collected from participants during sampling.
3.3.2 Confirmation of major PFAS sources: If necessary, additional laboratory studies will be
performed to confirm the PFAS contents of the specific products identified in Task 3.3.1. The
extent of these studies is determined by budgetary constraint.
Table 2. Project schedule and milestones
Month
Task 11 21 31 4 5 6 7 8 9 10 111 12 Milestones
1.Framework development
Method design Develop a framework that meets IAB's goals
Framework meeting with IAB Agree with LAB on framework for stud
2.PFAS contribution stud
Selection of WWTP Agree with LAB on a WWTP for stud
Participant recruitment Recruit 120%of needed participants
Sample collection Complete sample collection
Sample preparation and analysis Quantify PFAS in all sanples
3.Large PFAS sources study
Initial investigation Identify major PFAS sources
Confirmation of major sources Confirm PFAS amount in products
4.Reporting
Quarterly report to LAB Quarterly reported submitted to IAB
Participants'resuhs Result marled to participants
Manuscript preparation Commence manusc ' t preparafion
3.4 Task 4:Reports and presentations
3.4.1 Reports and presentation: The PIs and key performer will prepare and submit status report
to the IAB on a quarterly basis. A year-end final report and presentation, containing objectives,
results, and recommendations will be provided. The IAB will be given an opportunity to review a
draft of each report and provide comments.
3.4.2 Results to participants: All the study participants will be provided a result for the samples
they provided at the end of the study. The provision of these results is to encourage participation,
and to inform sewerage system users of their own contribution.
3.4.3 Publication. We expect to collaborate with members of the IAB and the selected WWTP's
scientists to prepare and submit a peer-reviewed publication from the outcome of this study. The
IAB and WWTP will review the manuscript prior to submission.
4. Project Management
Professor Adeyemi Adeleye will serve as the PI for this project. Professor Adeleye has
expertise in environmental analytical chemistry. He will be responsible for the overall scientific
leadership and project management. He will supervise and mentor the key personnel and research
assistant that will work on this on this project. He will also represent the team in meetings with the
8
30 ■HDPE IAB and selected WWTP; and prepare
❑PP quarterly reports/deliver presentations to the
25 ❑Glass IAB. He will work closely with the WWTP
to recruit participants for the study.
20 ■PET Professor Russell Detwiler will serve
15 ■Nalgene as the co-PI.Professor Detwiler has expertise
Q, in modeling fate and transport of
w10 environmental contaminants.He will provide
scientific leadership and assist the PI in
5 project planning and execution.
0 Dr. Jenny Zenobio will be a key
DW GW SW WW MW Ll personnel on this project. Dr. Zenobio is an
environmental analytical chemist, and she
Water matrix will work with the PIs to develop the
Figure 3. Result of a literature survey to framework for this proposed study. She will
determine the common types of containers used optimize the analytical methods, collect field
for collecting samples for PFAS analysis. DW= samples, and perform analyte extraction and
drinking water; GW = groundwater; SW = LC-MS/MS analyses. She will also assist
surface water; WW=wastewater; MW=marine with sample recordkeeping and report/
water; LI= landfill leachate presentation preparation.
A research assistant will support the
project by contacting volunteers and setting up sampling schedules with interested participants.
The research assistant will 100% ■PFBA ■GENX ■PFOA
also support Dr. Zenobio
with sample collection and ■PFBS ❑PFOS ■FOSA
analysis.
5. Results from PIs' 70.
Previous Research �50%
A preliminary study v�
on the extraction of PFAS w
a
from raw wastewater that
we started in mid-March
(after the invitation to 0%
submit a full proposal) had PS PVC PE PP PTFE
to end after one week as our Microplastic type
laboratory was closed due Figure 4. Adsorption of PFAS (200 ng/L) to different types of
to the COVID-19 microplastics over 10 days. PS =polystyrene; PVC = polyvinyl
pandemic. However, there chloride; PE = low-density p polypropylene;polyethylene;lene• PP = of ro
are other PFAS-related y y p yp py '
studies performed in the PTFE=polytetrafluoroethylene.
PI's laboratory that are highlighted in this section.
5.1 Adsorption of PFAS to sample containers: As mentioned earlier, the analysis of PFAS
still lacks adequate standardization, particularly for matrices other than drinking water. A survey
of the literature performed in the PI's lab showed that researchers commonly use HDPE, glass,
and polypropylene containers for collecting wastewater samples for PFAS analysis (Figure 3). In
this study that was performed in the PI's lab and summarized earlier (Figure 2), we showed that
9
PFSAs adsorb to three widely used containers at levels that could affect the results. PFOS (a long-
chain PFSA) adsorbed much more to all containers than PFBS (a short-chain PFSA); and more
PFAS adsorbed to polypropylene than HDPE. Although polypropylene is the most used container
type for wastewater samples in the literature (Figure 3), we have selected HDPE containers for
this proposed study based on the results of the study discussed here(Figure 2).Also,the containers
will be rinsed with solvents to desorb any adsorbed PFAS from wastewater samples. The
publication from this research is in preparation.
5.2 Interactions between PFAS to microplastics:PFAS are typically one of the several classes
of contaminants that are present in the natural environment or raw wastewater. The goal of this
study was to determine the potential for microplastics to concentrate different types of PFAS on
their surfaces under a variety of environmental conditions. The interactions of six PFAS (initial
concentration = 200 ng/L) that are commonly detected in aquatic systems (PFOS, PFOA, PFBS,
PFBA,GenX, and perfluorooctane sulfonaminde [FOSA])with five microplastics(polypropylene,
PP; low-density polyethylene, PE; polystyrene, PS; polyvinyl chloride, PVC; and
polytetrafluoroethylene,PTFE)was studied via I O-day batch studies. The effects of environmental
factors such as pH, ionic strength, and temperature were also investigated. Higher sorption to
microplastics was observed for PFSAs(PFOS and PFBS)compared to PFCAs(PFOA and PFBA),
as shown in Figure 4. The amount adsorbed increased with increasing chain-length for both PFSAs
and PFCAs. FOSA was the most
adsorbed PFAS to all the MPs 100% ■PFOA - L
(maximum adsorption capacity = ■GenX
L
-H
GenX
83.6 µg/g). The order of adsorption 80% ■G
capacity of PP, PE, PS, and PVC o 60% GenX H
was FOSA > PFOS > PFBS a
GenX z PFOA>PFBA. For PTFE, 40%
the order was FOSA > PFOS >
PFOA > PFBS z GenX z PFBA.
Pseudo-second order kinetics
model best described the 0%
adsorption (R2 > 0.98) of FOSA McOH McOH-Ac
and PFOS (which showed the Figure 5. Extraction efficiency of PFOA and GenX
highest adsorption), with a from soil using methanol (MeOH) or acidified
maximum adsorption rate constant methanol (MeOH-Ac). L= low concentration (50
(ka) of 0.78 g/µg min. The study µg/kg) and H is high concentration(500 µg/kg).
showed that microplastics can
transport PFSAs and their precursor(FOSA)due to high adsorption capacity and low tendency for
desorption. The manuscript resulting from this research is in preparation.
5.3 Removal of PFAS from soil by plants: This is a relatively new project whose progress was
affected by the COVID-19 pandemic shutdown. The goal of this study is to investigate the role of
PFAS functional group and chain length on their uptake by plants. This study thus requires PFAS
extraction from matrices, including soil and different plant tissues. The extraction method
developed in the PI's laboratory (based on existing methods in the literature) achieved > 80%
recovery for both low and high concentrations of PFAS (e.g. soil data shown in Figure 5). This
demonstrates the experience of the PI's team with extracting PFAS from different matrices,
ranging from relatively simple ones (such as drinking water)to extremely complex matrices (such
as natural soil).
10
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4
Biographical Sketch
Adeyemi S.Adeleye
Assistant Professor and Henry Samueli Career Development Chair
Department of Civil and Environmental Engineering
University of California Irvine, Irvine, CA 92697
(949) 824-5819
adeyemi.adeleye@uci.edu
(a)Professional Preparation
Obafemi Awolowo Ile-Ife,Nigeria Microbiology B.S.,2006
University
University of California Santa Barbara,USA Environmental Science M.S.,2011
Santa Barbara
University of California Santa Barbara,USA Environmental Science PhD, 2015
Santa Barbara
University of California Santa Barbara,USA Environmental/Analytical Postdoctoral Scholar,
Santa Barbara Chemistry 2015
US Environmental Rhode Island,USA Environmental/Analytical NRC Research
Protection Agency Chemistry Associate,2016
(b)Appointments
Assistant Professor 2018-Date
Department of Civil and Environmental Engineering
University of California Irvine,Irvine, CA
National Research Council Postdoctoral Research Associate 2016-2018
National Health and Environmental Effects Research Laboratory
US Environmental Protection Agency,Narragansett, RI
Postdoctoral Scholar 2015-2016
Bren School of Environmental Science
University of California Santa Barbara, Santa Barbara, CA
(c) Selected Publication
1. Closely related publications
Zenobio, J. E.; Cabrera, N.; Heerd, N. M.; Han, Z.; Adeleye, A. S. (2020). Adsorption of per- and
polyfluoroalkyl substances(PFAS)to sampling containers.In preparation.
Zenobio, J. E.; Cabrera,N.; Heerd,N. M.; Adeleye, A. S. (2020). Interactions between microplastics and
per-and polyfluoroalkyl substances(PFAS)in aqueous system at environmentally relevant concentrations.
In preparation.
Adeleye,A. S.; Ho, K. T.; Zhang,M.; Li,Y.; Burgess,R. M. (2019). Fate and transformation of graphene
oxide in estuarine and marine waters. Environmental Science & Technology, 53 (10):5858-5867.
https://doi.org/10.1021/acs.est.8bO6485
1
Huang,Y.;Adeleye,A. S.;Zhao,L.; Minakova,A. S.;Anumol,T.; Keller,A. A. (2019). Antioxidant
response of cucumber(Cucumis sativus) exposed to nano copper pesticide: Quantitative determination via
LC-MS/MS.Food Chemistry,270:47-52. h!Ws:Hdoi.org/10.1016/j.foodchem.2018.07.069
Zhao, L.; Huang, Y.; Zhou, H.; Hu, Q.; Adeleye, A. S.; Wang, H.; Ortiz, C.; Mazer, S. J.; Keller, A. A.
(2016). GC-TOF-MS based metabolomics and ICP-MS based metallomics of cucumber(Cucumis sativus)
fruits reveal alteration of metabolites profile and biological pathway disruption induced by nano copper.
Environmental Science:Nano, 3:1114— 1123. https:Hdoi.org/l0.1039/C6EN00093B
2. Other significant publications
Zhao, L.; Hu, Q.; H,Y.; Fulton,A. N.; Hannah-Bick, C.; Adeleye. A. S.; Keller,A. A. (2017). Activation
of antioxidant and detoxification gene expression in cucumber plants exposed to a Cu(OH)2 nanopesticide.
Environmental Science:Nano, 4: 1750-1750.https://doi.org/l0.1039/C7EN00358G
Zhao,L.;Huang,Y.;Hu,J.;Hongjun,Z.;Adeleye,A.S.;Keller,A.A. (2016). 1H NMR and GC-MS based
metabolomics reveal defense and detoxification mechanism of cucumber plant under nano-Cu stress.
Environmental Science& Technology, 50(4):2000-2010. https:Hdoi.org/l0.102l/acs.est.5b0501 I
Su, Y.; Ashworth, V.; Kim, C.; Adeleye, A. S.; Rolshausen, P.; Roper, C.; White, J.; Jassby, D. (2019).
Delivery, uptake, fate, and transport of engineered nanoparticles in plants: a critical review and data
analysis.Environmental Science:Nano, 6 :2311-2331.https:Hdoi.org/l0.1039/C9EN00461K
Du,T.;Adeleye,A. S.;Zhang,T.;Jiang,C.;Zhang,M.;Wang,H.; Li,Y.;Keller,A.A.; Chen,W. (2018).
Influence of light wavelength on the photoactivity, physicochemical transformation, and fate of graphene
oxide in aqueous media. Environmental Science: Nano, 52 (5):2590-2603.
https:Hdoi.org/10.1039/C8EN00593A
Wang, X.; Adeleye, A. S.; Wang, H.; Zhang, M.; Liu, M.; Wang, Y.; Li, Y.; Keller, A. A. (2018).
Interactions between polybrominated diphenyl ethers (PBDEs) and TiO2 nanoparticle in artificial and
natural waters. Water Research, 146:98-108. https:Hdoi.org/l0.1016/j.watres.2018.09.019
(d) Synergistic Activities
Professional Service: Early Career Advisory Board Member for Journal of Hazardous Materials(2020-
2022).U.S. co-chair for the U.S.-EU Nanotechnology Community of Research(COR)on Ecotoxicity
(2018-Date).
Conference organizing Co-chair for the Emerging Contaminants in Wastewater symposium at 258'
American Chemical Society(ACS)National Meetings,August 2019, San Diego,CA
Peer Review: 2019 Excellence in Review Award by Environmental Science& Technology;2018 Publons'
Global Peer Review Awards(Top 1%in Environment/Ecology research area). Serves as reviewer for
Environmental Science& Technology; Water Research;Journal of Hazardous Materials;Science of the
Total Environment; Trends in Environmental Analytical Chemistry, etc.
Professional Affiliations: American Chemical Society(ACS);Association of Environmental Engineering
and Science Professors (AEESP); Society of Environmental Toxicology and Chemistry(SETAC);
Sustainable Nanotechnology Organization(SNO)
2
Russell L. Detwiler, Associate Professor
Department of Civil and Environmental Engineering
University of California, Irvine
Irvine, CA 92697-2175
Professional Preparation:
University of Vermont Civil Engineering B.S. 1988
University of Colorado, Boulder Civil Engineering Ph.D. 2000
Appointments:
2014-present Associate Professor, Civil and Environmental Engineering,
University of California, Irvine.
2008-2014 Assistant Professor, Civil and Environmental Engineering,
University of California, Irvine.
2007-2008 Deputy Group Leader, Experimental Geophysics Group, Lawrence
Livermore National Laboratory.
2001-2007 Staff Scientist, Atmospheric, Earth and Energy Department,
Lawrence Livermore National Laboratory.
2000-2001 Research Associate, Civil, Environmental, and Architectural
Engineering, University of Colorado, Boulder.
Selected Publications:
Shin, M., V.M. Vieira, P.B. Ryan, R.L. Detwiler, B. Sanders, K. Steenland, S.M. Bartell
(2011), Environmental Fate and Transport Modeling for Perfluorooctanoic Acid
Emitted from the Washington Works Facility in West Virginia,Environmental Science
& Technology, 45(4), 1435-1442, doi: 10.1021/es102769t.
Manheim, D. C., R. L. Detwiler, S. Jiang (2019), Application of unstructured kinetic
models to predict microcystin biodegradation: Towards a practical approach for
drinking water treatment, Water Research, doi: 10.1016/j.watres.2018.11.014.
Jones, T. A., and R. L. Detwiler(2019), Mineral precipitation in fractures: Using the
level-set method to quantify the role of mineral heterogeneity on transport properties,
Water Resources Research, doi:10.1029/2018wr024287.
Jones, T. A., and R. L. Detwiler(2016), Fracture sealing by mineral precipitation: The
role of small-scale mineral heterogeneity, Geophysical Research Letters, 43, 7564-
7571, doi:10.1002/2016GL069598.
Elkhoury, J. E., Detwiler, R. L., Ameli, P. (2015). Will a caprock fracture self heal?.
Earth and Planetary Science Letters, 417, 99-106.
Ameli, P., J. Elkhoury, J. Morris, and R. Detwiler(2014), Fracture permeability alteration
due to chemical and mechanical processes: A coupled high-resolution model,Rock
Mechanics and Rock Engineering,pp. 1-11.
Elkhoury, J. E., Ameli, P., Detwiler, R. L. (2013). Dissolution and deformation in
fractured carbonates caused by flow of CO2-rich brine under reservoir conditions.
International Journal of Greenhouse Gas Control, 16(SI), 5203-5215.
Detwiler, R.L. (2010), Permeability alteration due to mineral dissolution in partially
saturated fractures,Journal of Geophysical Research—Solid Earth, 115,
doi:10.1029/2009JB007206.
Detwiler, R.L. (2008), Experimental observations of coupled geochemical alteration and
mechanical deformation in rough-walled fractures,Journal of Geophysical
Research, 113, B08202, doi:10.1029/2008JB005697.
Detwiler, R.L. and H. Rajaram (2007), Predicting dissolution patterns in variable aperture
fractures: Development and evaluation of an enhanced depth-averaged
computational model, Water Resources Research, 43, W04403,
doi:10.1029/2006WR005147.
Synergistic Activities:
CDC/ATSDR Multi-Site Study of the Health Implications of Exposure to PFAS-
Contaminated Drinking Water, Co-PI, 2019-present
Water Resources Research, Associate Editor, 2014-present.
American Geophysical Union, Hydrology Section Unsaturated Zone Technical
Committee, Chair, 2009-2012.
American Rock Mechanics Association, 491h Annual Geomechanics Symposium,
Organizing Committee member, 2014-2015.
American Geophysical Union, Fall Meeting, Session Organizer, 2006-2012.
Collaborators and Co-Authors:
P. Ameli, Vertex, Inc.; S.J. Breen, University of California, Berkeley; C.R. Carrigan,
Lawrence Livermore National Laboratory; J.E. Elkhoury, Schlumberger Doll Research
Laboratory; T. Illangasekare, Colorado School of Mines; F. Fagerlund, Uppsala
University; T.W. Gallien, University of California, Los Angeles; D.J. LaBrecque, Multi-
Phase Technologies;N. Linde, University of Lausanne K.-K. Lee, Seoul National
University; A. Niemi, Uppsala University; J.P. Morris, Lawrence Livermore National
Laboratory; J.A. Ortega, Schlumberger; R. Prioul, Schlumberger Doll Research
Laboratory; H. Rajaram, University of Colorado, Boulder; J. Vrugt, University of
California, Irvine; W. Xu, Schlumberger Doll Research Laboratory; Z. Yang,
Massachusetts Institute of Technology; I.W. Yeo, Chonnam National University; A.
Zafarani, Arcadis;
PhD Advisors: R.J. Glass and H.Rajaram
Biographical Sketch
JENNY E.ZENOBIO,Ph.D.
Chancellor Post-Doctoral Research Fellow
The Henry Samueli School of Engineering
University of California,Irvine
Phone: (765)269-6748
jzenobiokuci.edu
htlps://sites.uci.edu/jzenobio/
A. PROFESSIONAL PREPARATION
College/University Location Maior Degree&Year
National University of Engineering Lima,Lima,Peru Sanitary Engineering B. Sc.,2007
Purdue University WL,IN,USA Aquatic Ecotoxicology M.Sc.,2014
Purdue University WL,IN,USA Environmental Chemistry Ph.D.,2019
University of California,Irvine Irvine, CA,USA Environmental Chemistry 2019 -Current
B. ACADEMIC/PROFESSIONAL APPOINTMENTS
2019—Present Chancellor Post-Doctoral Research Fellow,Irvine,CA
Advisor: Prof. Adeyemi Adeleye
Sorption mechanisms of Per-and Polyfluoroalkyl Substances(PFAS)to microplastics.
Transport,bioaccumulation,biotransformation and toxic effects of PFAS.
2015—2019 Harvard University-Environmental Science Lab,Cambridge,MA
Advisor: Prof. Chad Vecitis
Remediation of Per-and Polyfluoroalkyl Substances (PFAS)using carbon nanotubes for
electrochemical filtration.
2014—2019 Purdue University—Environmental Chemistry Lab,West Lafayette,IN
Advisor: Prof. Linda S. Lee.
Remediation of Per-and Polyfluoroalkyl Substances(PFAS)using synthesized
nanoparticles supported in base carbon materials.
2011—2014 Purdue University—Aquatic Toxicology Lab,West Lafayette,IN
Advisor: Prof. Maria S. Sepulveda.
Effects of endocrine regulated genes on fathead minnows linked to pharmaceutical
exposure.
Impacts on gene expression of land-applied wastes from concentrated animal feeding
operations(CAFOs)on fish communities.
2010—2011 Purdue University—Environmental Chemistry Lab,West Lafayette,IN
Advisor: Prof. Linda S. Lee.
Evaluation of hormone discharges within inline tile drain or stream collection and
monitoring systems associated with agricultural fields receiving animal wastes.
2005—2006 University's wastewater-treatment plant(UNITRAR),UNI,Peru
Advisor: Prof. Rosa E.Yaya Beas
Wetlands for the treatment of domestic wastewater.
2005 Research Center of the Environmental Department,UNI,Peru
Advisor: Prof. Otto B. Rosasco Gerkes
Characterization and quantification of microorganisms present in the secondary and
tertiary wastewater lagoons of UNITRAR based on the retention time of the lagoons.
1
C. PRODUCTS
Journal Publications
Zenobio, J. E.; Cabrera, N.; Heerd, N. M.; Han, Z.; Adeleye, A. S. (2020). Adsorption of per- and
polyfluoroalkyl substances(PFAS)to sampling containers.In preparation.
Zenobio,J. E.; Cabrera,N.; Heerd,N. M.; Adeleye, A. S. (2020). Interactions between microplastics and
per- and polyfluoroalkyl substances (PFAS) in aqueous system at environmentally relevant
concentrations.In preparation.
Zenobio, J. E., Vecitis, C. D., Lee, L. S. Carbon-chain length, functional group, and common
groundwater constituents on PFAAs reduction by nNiFe°-AC (Submitted).
Zenobio,J. E.,Modiri-Gharehveran,M.; de Perre, C.;Vecitis, C. D.,Lee,L. S. Reductive transformation
of perfluorooctanesulfonate by nNiFe°-activated carbon. Journal of Hazardous Materials (In press).
https://doi.org/10.1016/j.jhazmat.2020.122782
Tokranov, A. K., Nishizawa N., Amadei, C. A., Zenobio, J. E., Pickard, H. M., Allen, J. G., Vecitis, C.
D., and Sunderland, E. M. How do we measure poly- and perfluoroalkyl substances (PFASs) at the
surface of consumer products?Environmental Science&Technology Letters, 6, (1), 38-42, 2019.
Park, S., Zenobio, J. E., Lee, L. S. Perfluorooctane sulfonate (PFOS) Loss with Pd°/nFe°Nanoparticles:
Adsorption or Aqueous Fe-complexation, Not Transformation. Journal of Hazardous Materials, 342, 20-
28,2017.
Zenobio,J.E., Sanchez,B. C.,Leet,J. K.,Archuleta,L. C., and Sepulveda,M. S. Presence and effects of
pharmaceutical and personal care products on the Baca National Wildlife Refuge, Colorado.
Chemosphere, 120, 750-755,2015.
Zenobio, J. E., Sanchez, B. C., Archuleta, L. C., and Sepulveda, M. S. Effects of triclocarban, N,N-
diethyl-meta-toluamide, and a mixture of pharmaceuticals and personal care products on fathead minnows
(Pimephales promelas).Environmental Toxicology and Chemistry, 33, 910-919,2014.
Patent
Zenobio, J.E., Lee, L. S. 2019. Purdue University. Activated Supported Ni°Fe° Nanoparticles for
Transformation of Perfluoroalkyl-Containing Compounds.U.S. Patent 2019/0060691A1.
2
Budget
UNIVERSITY OF CALIFORNIA, IRVINE Year 1
Principal Investigator: Dr.Adeyemi S.Adeleye (Civil and Environmental Engineering)
Sponsor: UCI Industry-University Research Center
Solicitation: Water UCI
Title: Sewershed-scale analysis of perfluorinated compounds in wastewaterfrom domestic, commercial, and
industrial sewerage system users
Project Period: 08/01/2020- 7/31/2021
SALARIES:
Name and Appt.Type Monthly Appt.Type Salary Person Months Salary
Payroll Title Salary Months Effort Cal Acad Sum Requested TOTAL
PI: Dr.Adeyemi S.Adeleye Academic 13,288.89 9 0.00% 0.00 -
Summer 13,288.89 3 25.00% 0.75 9,967 $ 9,967
Co-I/Co-PI: Dr. Russell Detwiler Academic - 9 0.00% 0.00 -
Summer - 3 0.00% 0.00 - $ -
Res: Graduate Student Researcher V Academic 4,902.80 9 0.00% 0.00 -
(Spring Quarter Only) Summer 4,902.80 3 0.00% 0.00 - $ -
Non-Res: Graduate Student Researcher V Academic 4,902.80 9 0.00% 0.00 -
(Spring Quarter Only) Summer 4,902.80 3 0.00% 0.00 - $ -
Undergraduate Student Researcher Fiscal 2,088.00 9 50.00% 4.50 9,396 $ 9,396
Post-Doc: Dr.Jenny Zenobio Calendar 4,633.20 12 100.00% 12.0 55,598 $ 55,598
Total Salaries: $ 74,961
BENEFITS: Quarters
Academic (Summer) 9.8% $ 977
Student Employees (Academic-Summer-Fiscal) 2.3% $ 216
Post-Doctoral 23.8% $ 13,232
Supplemental Tuition Fees (Non-Resident) 5,386 x 0 = - $ -
Student Tuition Fees (Resident) 6,263 x 0 = - $ -
Total Benefits: $ 14,425
Total Salaries and Benefits: $ 89,386
Equipment
- x 1 = -
Total Equipment: $ -
Materials and Consumable Lab Supplies Cost(ea.) Qty. or Mos.
Lab Supplies 31,510 x 1 = 31,510
Facility User Fees 15,504 x 1 = 15,504
- x 0 = -
- x 0 = -
Total Supplies& Materials: $ 47,014
TRAVEL: Cost(ea.)
Domestic Travel 3,600 x 1 = 3,600
Domestic Travel - x 0 = -
Total Travel: $ 3,600
INDIRECT COSTS: Direct Costs: $ 140,000
Modified Total Direct Cost: $ 140,0010 Indirect Costs: $ -
F&A(Indirect Costs) Rate: 0.0% Total Amount Requested: $ 140,000
Budget Justification
Principal Investigator(PI): Adeyemi Adeleye,Ph.D.
Project Dates: 08/01/2020—07/31/2021
PERSONNEL:
Principal Investigator: Dr.Adeyemi Adeleye: $9,967
The PI will be responsible for overall scientific leadership and project management. In addition,the
Principal Investigator will directly supervise and mentor the participating postdoctoral scholar and
undergraduate student researcher supported by this project. The PI will also represent the team in
meetings with the IAB and selected WWTP; and prepare quarterly reports/deliver presentations to the
IAB. He will work closely with the WWTP to recruit participants for the study.
Salary support requested for 25%effort, equivalent to 0.75 summer person months per year.
Postdoctoral Scholar(Key personnel): Dr.Jenny Zenobio: $55,598
Dr. Jenny Zenobio will be the key personnel on this project. Dr. Zenobio is an environmental analytical
chemist, and she will work with the PIs to develop the framework for this proposed study. She will
optimize the analytical method, collect field samples, and perform analyte extraction and LC-MS/MS
analyses. She will also assist with sample recordkeeping and report/presentation preparation.
Salary support requested for 100%effort, equivalent to 12 calendar person months per year.
Undergraduate Student Researcher(Research Assistant): $9,396
Under the mentorship of the PI,Undergraduate Student Researcher will support the project by contacting
volunteers and setting up sampling schedules with interested participants. The assistant will also support
Dr. Zenobio with sample collection,analyte extraction, and analysis.
Salary support requested for 50% effort,equivalent to 4.50 academic person months per year.
Salary for personnel are based on current University of California staff salary scales.
FRINGE BENEFITS: $14,425
Fringe benefit rates were determined by University published composite benefit rates.
Campus Employee Group beginning rates: Benefit Rate:
Faculty academic benefit rates 9.8%
Postdoc benefit rates 23.8%
Student employee benefit rates 2.3%
MATERIALS & SUPPLIES: $31,510
Materials and supplies include HDPE sample containers, external calibration standards (Wellington
Laboratories),mass-labeled internal standards(MPFAC-MXA,Wellington Laboratories), SPE
cartridges (Oasis WAX 6 cc, 150 mg, 30 µm),high-purity nitrogen gas,other consumables(such as
filters,HPLC vials, and personal protective equipment [gloves,caps,masks])and chemicals/solvents
(such as methanol,acetic acid, ammonium hydroxide, etc.).
1
TRAVEL: $3,600
Funds are requested for the personnel to travel from UC Irvine campus to sample collection sites and for
transportation of samples back to campus using rented vehicles from the UC Irvine fleet services.
SHARED FACILITY USE CHARGES: $13,405
Funds are requested to use the Waters Quattro Premier XE MS/MS for PFAS and/or TOP analysis. These
costs are necessary for instrument maintenance and consumables for the projected 600 samples.
TOTAL DIRECT COSTS: $140,000
INDIRECT COSTS: $-0-
TOTAL DIRECT and INDIRECT COSTS: $140,000
2
Facilities, Equipment and Other Resources
1. Major Facilities and Equipment in Adeleye Laboratory
Dr. Adeleye's laboratory and research offices at UC Irvine are equipped with state-of-the-art
infrastructure and capabilities to support the proposed research activities. Dr. Adeleye's wet
laboratory is 800 sq. ft. with lines for vacuum, and reactive and inert gases. The wet lab contains
a chemical fume hood for working with volatile organic compounds and corrosives. The lab also
has microbalances, an Organomation Associates 12 Position N-EVAP nitrogen evaporator, a
Restek Resprep 24-port SPE manifold,ultrasonicating baths, shakers, vortexes, vacuum filtration
units, refrigerators, pipettes, hotplates, stirrers, benchtop centrifuges, a vacuum oven, pH meter,
water quality probes/kits (for dissolved oxygen, conductivity, TDS, nutrients, etc.). There are also
shared laboratory support rooms, which include instrument rooms (which contain a lyophilizer, -
20°C and-80°C freezers,ultracentrifuges,an ion chromatography,a HPLC,a spectrophotometer,
a fluorometer, and a Millipore water purification system [18.2 MQ.cm]), walk-in environmental
rooms (4 °C and 20 °C), and an autoclave room. All laboratories meet environmental health and
safety regulations and provide safe environment for performing research. The research offices are
equipped with computer stations and up-to-date computing software and communication systems.
2. Mass Spectrometry Facility (recharge rate applies)
The Adeleye lab is a registered user of the Mass
Spectrometry Facility at UC Irvine, which has a
wide variety of mass spectrometry platforms.
UPLC-MS/MS: A Waters ACQUITY UPLC
coupled with a Waters Quattro Premier XE triple-
quadrupole mass spectrometer (QqQ), which is ,
available in the Mass Spectrometry Facility is
used by our lab for analyzing PFAS in Multiple
reaction monitoring (MRM) mode. Our method
achieves PFAS separation with a Phenomenex
reversed phase C18 column. The QqQ is
equipped with electrospray ionization.
Other Resources: UC Irvine's Henry Samueli School of Engineering and the Department of Civil
and Environmental Engineering provide administrative support, including an analyst for grant
management.UC Irvine fleet services provide field vehicle rentals for field research at a reasonable
rate. UCI facility management staff electricians and mechanics provide routine maintenance for
autoclaves, dishwashers, walk-in environmental rooms, electrical systems, and other laboratory
equipment and building facilities. Both computer support and administrative support are nearby to
assist with the project as needed.The University of California has one of the nation's largest library
collections including on-line journals and books. UC Irvine supports high speed internet
communication with video and teleconference capability. The University of California network
system is maintained by professional staff with routine updates.
1
UNIVERSITY of CALIFORNIA • IRVINE
FOUNDATION
DRAFT - FOR REVIEW PURPOSES ONLY
Contribution Agreement
I. Introduction
The purpose of this Agreement is to summarize the mutual understanding of Orange County
Sanitation District(Donor),the University of California, Irvine Foundation (Foundation), and The
Regents of the University of California for the benefit of the Irvine Campus (UCI), collectively referred
to as "Parties"regarding an irrevocable contribution (Contribution) in support of research at Water UCI,
an interdisciplinary center in the School of Social Ecology(School). This Agreement will be made a part
of the Foundation's and UCI's records and is intended as a guide to those who will administer the fund
in the future.
II. University of California, Irvine Foundation
The Foundation represents that it is qualified as a charitable organization described in Section
501(c)(3) and as a public charity under 170(b)(1)(A) of the Internal Revenue Code. (Federal ID 95-
2540117).
III. Description of the Contribution
The Donor hereby irrevocably pledges a total Contribution of$50,000 to the Foundation. The
pledge will be fulfilled by a payment on or before August 31, 2020. Upon review of the outcome of
research activities made possible through this Contribution, the Donor may choose to fund an additional
year or years through an amendment to this Contribution Agreement.
The Donor acknowledges that the research to be funded through this Contribution is expected to
be complete within one year and the Donor is not placing any other restrictions on the Foundation's
timing or schedule of the expenditures related to the Contribution.
IV. Purpose and Administration of the Contribution
The purpose of the Contribution is to provide financial support for sewershed-scale research on
perfluorinated compound sources and loading at wastewater plants as described in the scope of work
attached as Exhibit"A."This research will be conducted by Water UCI through the Industry University
Cooperative Research Center(IUCRC), under the direction of David Feldman, Ph.D. and overseen by an
Industrial Advisory Board currently composed of Irvine Ranch Water District, Santa Margarita Water
District, Orange County Water District and Moulton Niguel Water District. The Contribution funds will
be pooled with contributions from the other Industrial Advisory Board members and distributed to
researchers identified and chosen through a competitive proposal process that is responsive to Exhibit
"A" and overseen by a committee comprised of Water UCI and the Industrial Advisory Board.
The Industrial Advisory Board will approve the scope and design of the research to ensure that it
is consistent with the powers and purposes of the Industrial Advisory Board member agencies, each of
which is a rate-payer funded public agency that seeks to improve its understanding of water quality
issues in collaboration with Water UCI. The results of all funded research projects are to be made
4824-1108-8046.1 DC/LG
Orange County Sanitation District Contribution Agreement
Page 2 of 3
publicly available and eligible for publication in peer-reviewed journals. IUCRC member agencies will
be granted the opportunity to review research results prior to public release to ensure required
anonymization of data.
The Donor understands that the Contribution will be administered in accordance with the
University of California and UCI's administrative guidelines and procedures.
V. Future Considerations
The Foundation and UCI are grateful for the Donor's support of the campus and are committed to
fulfilling the Donor's objectives reflected in this Agreement. As research and academic programs move
forward, there is the possibility that it may become impracticable for this Contribution to serve the
specific purpose of the stated intentions. If this unlikely circumstance should occur, Water UCI will
consult with the Donor and the UCI Chancellor will direct that the Contribution be devoted to Water
UCI research that the Chancellor deems to be most consistent with the Donor's wishes.
VI. Recognition
UCI may publish the name of the Donor in various publications, press releases, and publicity
vehicles. For recognition purposes related to this Agreement, the Donor will be identified as "Orange
County Sanitation District."
In recognition of this Contribution, the Donor shall be recognized as a member of Water UCI's
Industry-University Research Partners program.
VII. Binding Obligation
The Donor intends this Contribution Agreement to be fully enforceable to the extent that the
obligation has not been satisfied by contributions completed following the date of this Agreement.
VIII. Miscellaneous
a) Situs: This Agreement is executed in and will be governed by the laws of the state of California.
b) Entire Agreement: This Agreement constitutes the entire understanding of the Parties concerning
the terms of this Contribution.
c) Amendment: This Agreement may be amended at any time by written agreement signed by each
party.
d) Date: The effective date of this Agreement will be the date this Agreement is fully executed.
4824-1108-8046.1 DC/LG
Orange County Sanitation District Contribution Agreement
Page 3 of 3
For the Donor: For UCI and the Foundation:
DRAFT DRAFT
James Herberg Date Brian T. Hervey, CGPP, CFRE Date
General Manager, Orange County Sanitation Vice Chancellor, University Advancement and
District Alumni Relations
President, UCI Foundation
In Acknowledgement for the School:
DRAFT
Nancy Guerra, Ed.D. Date
Dean
4824-1108-8046.1 DC/LG
oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
BOARD OF DIRECTORS (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1223 Agenda Date: 8/26/2020 Agenda Item No: 9.
FROM: David Shawver, Board Chairman
SUBJECT:
GENERAL MANAGER'S COMPENSATION AND BENEFITS
BOARD CHAIR'S RECOMMENDATION
RECOMMENDATION:
Approve a performance-based merit increase of 2.5% for the General Manager based on Fiscal Year
2019/2020 job performance, as authorized in Resolution No. OCSD 19-12.
BACKGROUND
The General Manager of the Orange County Sanitation District (Sanitation District) is employed on an
At-Will basis and serves at the pleasure of the Board of Directors.
According to Section 6 of the General Manager's At-Will Employment Agreement, the "District's
Steering Committee shall meet with the General Manager in August of each year during the term of
this Agreement to review and evaluate his performance over the prior year. The Steering Committee
shall make its recommendation(s) to the Board concerning adjustment to the compensation and/or
benefits paid or provided to the General Manager, to be effective in July of the year of the review.".
The General Manager is in the second year of a three year employment contract. In September
2019, the Sanitation District's Board adopted Resolution No. OCSD 19-12 entitled, "A Resolution of
the Board of Directors of the Orange County Sanitation District approving salary increases and salary
range adjustments for the General Manager for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and
Fiscal Year 2021/2022". The resolution authorizes the Board Chairperson to implement a 3% salary
range adjustment and corresponding salary increase for each year of the contract years annually and
allows for up to a 2.5% merit increase annually based on job performance as determined by the
Board of Directors.
The Steering Committee reviewed the General Manager's job performance for Fiscal Year 2019/2020
in closed session in June 2020 and recommends that the Board approve the maximum amount of
2.5% for the General Manager's merit increase.
RELEVANT STANDARDS
• Offer competitive compensation and benefits
• Maintain positive employer-employee relations
Orange County Sanitation District Page 1 of 3 Printed on 8/19/2020
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File #: 2020-1223 Agenda Date: 8/26/2020 Agenda Item No: 9.
• Cultivate a highly qualified, well-trained, and diverse workforce
• Comply with OCSD Policy (Policy 6.1 Appraisal of Performance) and the General Manager's
At-Will Employment Agreement
PROBLEM
The General Manager's current salary market position is at the 67t" percentile, below the Sanitation
District's targeted 75t" percentile for its overall market position. Also, salary market position for the
General Manager could deteriorate if his salary were to remain static while comparison agencies
provide increases. This potentially could put the Sanitation District at risk for retention of critical
executive staff.
Additionally, compaction and internal alignment issues could arise if the General Manager's salary
were to remain unchanged as other positions' salaries increase. Fiscal Year 2020/2021 salary
increases for the Sanitation District's Executive Management and Managers took effect in July 2020
as approved by the Board in September 2019.
PROPOSED SOLUTION
Approve a performance-based merit increase of 2.5% for the General Manager based on Fiscal Year
2019/2020 job performance, as authorized in Resolution No. OCSD 19-12.
TIMING CONCERNS
In accordance with the General Manager's At-Will Employment Agreement, the Steering Committee
shall meet with the General Manager every August to review and evaluate his performance over the
prior year. The Steering Committee then reports out on the General Manager's performance
evaluation and recommends for the Board's consideration any adjustment to compensation. The
Board makes the final determination on the compensation payable to the General Manager, which
becomes effective retroactively to the first pay period in July.
RAMIFICATIONS OF NOT TAKING ACTION
• Potential retention issue of highly skilled and experienced executive staff.
• Salary compaction issues between General Manager and Executives (direct reports).
PRIOR COMMITTEE/BOARD ACTIONS
July 2020 - Steering Committee and Board of Directors reviewed the General Manager's
performance evaluation in closed session.
June 2020 - Steering Committee reviewed the General Manager's performance evaluation in closed
session.
August 2019 - Board of Directors adopted Resolution No. OCSD 19-12, specifying annual salary
range adjustments, corresponding salary increases, and maximum merit increase for the General
Manager for Fiscal Years 2019/2020, 2020/2021, and 2021/2022.
Orange County Sanitation District Page 2 of 3 Printed on 8/19/2020
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File #: 2020-1223 Agenda Date: 8/26/2020 Agenda Item No: 9.
ADDITIONAL INFORMATION
The agency's accomplishments during the past year include the following:
• Continuing to operate at a high level of organizational performance during the COVID-19
pandemic
• Achieving successful negotiation and implementation of nine (9) agreements with various
other public agencies
• Maintaining the Sanitation District's AAA credit ratings
• Achieving the service level goal with no sewer spills this year
• Maintaining 100% compliance with its ocean discharge permit over a continuous seven-year
period (a first for the Sanitation District)
• Having no sewer spills in the past year
• Achieving completion of six (6) safety improvement construction projects
• Meeting milestones to support the final expansion of the Groundwater Replenishment System
(GWRS)
• Partnering with other organizations to address potential impacts of emerging contaminants
• Completing the development of an Asset Management Plan
• Preparing a new two-year strategic plan
• Developing a physical security plan
• Submitting development plans for the new Headquarters for city review
CEQA
N/A
FINANCIAL CONSIDERATIONS
This item has been budgeted.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Resolution No. OCSD 19-12
• General Manager Salary Schedules (FY 2019/2020 to FY 2021/2022)
• At-Will Employment Agreement, James D. Herberg (Effective 7/1/19)
Orange County Sanitation District Page 3 of 3 Printed on 8/19/2020
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RESOLUTION NO. OCSD 19-12
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING
SALARY INCREASES AND SALARY RANGE ADJUSTMENTS
FOR THE GENERAL MANAGER FOR FISCAL YEAR
2019/2020, FISCAL YEAR 2020/2021, AND FISCAL YEAR
2021/2022.
WHEREAS, the General Manager provides organizational leadership, strategic
direction, and District oversight for Orange County Sanitation District (OCSD); and
WHEREAS, the General Manager serves in an at-will employment capacity, which
may be terminated at any time by the Board with or without cause; and
WHEREAS, it is OCSD's philosophy to compensate employee classifications
competitively, which currently can be achieved through alignment with the salary market;
and
WHEREAS, the July 1, 2018, At-Will Agreement with the General Manager
provides that, "District's Steering Committee shall meet with General Manager in August
of each year during the term of this Agreement to review and evaluate his performance
over the prior year. The Steering Committee shall make its recommendation(s) to the
Board concerning adjustment to the compensation and/or benefits paid or provided to
General Manager, to be effective in July of the year of review. After consideration of the
recommendation(s) of the Steering Committee, the Board shall determine and approve
the compensation, including benefits, payable to General Manager, which generally
becomes effective July of the fiscal year of the review"; and
WHEREAS, the Steering Committee commenced its review of the General
Manager's performance in June 2019, finalized its review and made its recommendation
to the Board on September 25, 2019.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER-
1 . That the At-Will Agreement with the General Manager (Attached hereto as
Exhibit 1) setting forth the terms and conditions of his employment, including
a salary increase in the first pay period of July 2019, consisting of a 3.0%
salary range adjustment and corresponding salary increase and 2.5% merit
increase as determined by the Board of Directors, not to exceed 5.5% total,
is hereby approved to be effective retroactively to the first pay period of July
2019;
2. A salary increase in the first pay period of July 2020, consisting of a 3.0%
OCSD 19-12-1
salary range adjustment and corresponding salary increase and up to 2.5%
merit increase to be determined by the Board of Directors based on job
performance, not to exceed 5.5% total;
3. A salary increase in the first pay period of July 2021, consisting of a 3.0%
salary range adjustment and corresponding salary increase and up to 2.5%
merit increase to be determined by the Board of Directors based on job
performance, not to exceed 5.5% total; AND
4. That the Board Chair, or his designee, is authorized to implement the changes
to salary range and salary items approved herein.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
September 25, 2019.
01
David Joh Sh wver
Board Ch it n
ATTEST:
AALqH'. MMC
Cler of th Board
OCSD 19-12-2
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. OCSD 19-12 was passed and
adopted at a regular meeting of said Board on the 25t" day of September 2019, by the
following vote, to wit:
AYES: Avery; Beamish (Alternate); Bernstein; Berry
(Alternate); Chaffee; Collacott; Ferryman; Kim; Kring;
Massa-Lavitt; R. Murphy; Nguyen; O'Neill (Alternate);
Shawver; Shea; Silva; F. Smith; Wanke; and Withers
NOES: Iglesias
ABSTENTIONS: Harper (Alternate)
ABSENT: B. Jones (Alternate); M. Murphy; Parker and Peterson
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 25t" day of September 2019.
6 a ��
*eye
Board of Directors
Orange County Sanitation District
OCSD 19-12-3
General Manager Salary Schedule
Orange County Sanitation District
Classification and Compensation Plan
Current
GENERAL MANAGER, FY 2018-19
Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5
EM37 Annual $ 255,778 $ 268,861 $ 282,610 $ 297,066 $ 312,250
Monthly $ 21,315 $ 22,405 $ 23,551 $ 24,755 $ 26,021
Hourly $ 122.97 $ 129.26 $ 135.87 $ 142.82 $ 150.12
Proposed Salary Range Adjustment 3.0%
GENERAL MANAGER, Proposed FY 2019-20
Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5
EM37 Annual $ 263,453 $ 276,931 $ 291,096 $ 305,968 $ 321,610
Monthly $ 21,954 $ 23,078 $ 24,258 $ 25,497 $ 26,801
Hourly $ 126.66 $ 133.14 $ 139.95 $ 147.10 $ 154.62
Proposed Salary Range Adjustment 3.0%
F- GENERAL MANAGER, Proposed FY 2020-21
Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5
EM37 Annual $ 271,357 $ 285,230 $ 299,832 $ 315,141 $ 331,261
Monthly $ 22,613 $ 23,769 $ 24,986 $ 26,262 $ 27,605
Hourly $ 130.46 $ 137.13 $ 144.15 $ 151.51 $ 159.26
Proposed Salary Range Adjustment 10%
GENERAL MANAGER, Proposed FY 2021-22
Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5
EM37 Annual $ 279,490 $ 293,779 $ 308,818 $ 324,605 $ 341,203
Monthly $ 23,291 $ 24,482 $ 25,735 $ 27,050 $ 28,434
Hourl $ 134.37 $ 141.24 $ 148.47 $ 156.06 $ 164.04
AT-WILL EMPLOYMENT AGREEMENT
James D. Herberg
General Manager
ORANGE COUNTY SANITATION DISTRICT
THIS AT-WILL EMPLOYMENT AGREEMENT ("Agreement") is entered into, to be
effective the 1st day of July, 2019, by and between:
ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as
"District";
AND
JAMES D. HERBERG, sometimes hereinafter referred to as "General
Manager"; collectively referred to herein as ("the Parties")
RECITALS
WHEREAS, District desires to continue to employ James D. Herberg ("Mr. Herberg"),
as General Manager of District, pursuant to the terms and conditions as set forth in this
Agreement;and
WHEREAS, Mr. Herberg, by virtue of his education, training and experience, is fully
qualified to fill the position of General Manager and desires to continue to serve the District
as its General Manager, pursuant to the terms and conditions of this Agreement; and
WHEREAS, per Resolution No. 19-XX adopted on September 25, 2019, the District's
Board of Directors has approved and authorized the Board Chair to execute this "At-Will
Employment Agreement"to include a base building salary increase of 5.5% of his current
salary.
WHEREAS, at the beginning of negotiations of a new Employment Agreement, the
parties agreed that any salary changes agreed to would take effect retroactively to the first pay
period of July 2019, which is the first pay period in the current fiscal year.
NOW,THEREFORE, the Parties hereto agree as follows:
Section 1: District hereby continues to employ Mr. Herberg to serve as General Manager
of the Orange County Sanitation District, commencing on the effective date hereof, and continuing
until termination by either Party, as provided in this Agreement.
In that capacity, Mr. Herberg agrees to perform the functions and duties of General
Manager, the administrative head of the District, as prescribed by the laws of the State of
California, and by the rules, regulations, decisions, and directions of the Board of Directors of
District (hereinafter referred to as "Board"). The General Manager's duties may involve
expenditures of time in excess of the regularly established workday or in excess of a forty-h o u r
work week and may also include time outside normal office hours (including attendance at
Board and Committee meetings). General Manager is classified as an exempt employee under
the Fair Labor Standards Act ("FLSA") and shall not be entitled to any additional compensation
for hours worked in excess of forty in a work week.
Section 2: Mr. Herberg shall be employed in an "at-will" capacity serving at the sole
pleasure of the Board. Either party to this Agreement may terminate the Agreement at any time
for any reason with or without cause, and without hearing, upon 30 days' notice to the other
party. Mr. Herberg is advised and acknowledges that he has none of the termination rights of a
Regular employee of the District. Except as expressly provided herein, and as a condition of
employment, Mr. Herberg knowingly, willingly and voluntarily gives up, waives, and disclaims
any and all rights he may have, express or implied,to any notice and/or hearing before or after
termination, and/or to any continued employment with the District after termination.
As an "at-will" employee, Mr. Herberg understands that he may be subject to termination
with or without cause at the sole discretion of the Board, notwithstanding that the other
provisions of the District's Personnel Policies and Procedures Manual (hereinafter referred to as
"Manual")apply to Mr. Herberg. If the District terminates employment without cause, Mr. Herberg shall
be given a thirty (30) day Notice of Termination and severance pay in an amount equal to six (6)
months of his then current annual base salary upon Mr. Herberg's execution of a valid written release
of legal claims.
If the District terminates this Agreement(thereby terminating Mr. Herberg's employment)without
cause, and Mr. Herberg executes a valid written release of legal claims, the severance pay is
considered a cash settlement related to the termination of Mr. Herberg and waiver of legal claims and
shall be fully reimbursed to the District by Mr. Herberg if Mr. Herberg is convicted of a crime involving
an abuse of his office or position. Abuse of office or position shall have the meaning set forth in
Government Code 53243.4, as may be amended, of either(1) an abuse of public authority, including,
but not limited to, waste, fraud and violation of the law under color of authority, or(2) a crime against
public justice, including, but, not limited to, a crime described in Title 7 (commencing with Section 92
of Part 1 of the Penal Code). Mr. Herberg shall reimburse such severance pay to the District no later
than six (6) months after such conviction. If Mr. Herberg terminates his employment with 30 days'
notice, the Board shall have the right to accept his resignation effective the date notice is given. Such
decision to accept his resignation earlier shall not be considered a termination without cause and shall
not entitle Mr. Herberg to receive the severance pay noted above.
Section 3: The term of this Agreement shall commence on the effective date above and
continue for an indefinite duration, until terminated by either Party pursuant to Section 2 above, or
unless terminated or amended as provided herein.
Section 4: As compensation for the services to be performed hereunder, upon the effective
date of this Agreement, District agrees to pay General Manager an annual base salary for services
rendered of three hundred six thousand one hundred ninety-six dollars ($306,196), subject to all
applicable deductions and withholdings of any and all sums required by then current state, federal or
local law, along with deductions of applicable sums the General Manager is obligated to pay because
of participation in plans and programs described in this Agreement, and paid biweekly in accordance
with the District's established accounting and payroll practices at the same time and in the same
manner as other employees of the District. No increase in salary may exceed the compensation
permitted by the applicable salary range for the classification established by duly adopted Resolution
of the Board.
For Years Two and Three of the employment contract, compensation will adjust as follows:
1. A salary increase in the first pay period of July 2020, consisting of a 3.0% salary range
adjustment and corresponding salary increase and up to 2.5% merit increase to be
determined by the Board of Directors based on job performance, not to exceed 5.5%total;
2. A salary increase in the first pay period of July 2021, consisting of a 3.0% salary range
adjustment and corresponding salary increase and up to 2.5% merit increase to be
determined by the Board of Directors based on job performance, not to exceed 5.5%total.
Section 5: For the period of this Agreement, District shall provide Mr. Herberg with a fixed
benefit package that includes the following:
Personal Leave — accrued based on years of service for all paid hours, including
hours actually worked and hours in a paid-leave payroll status, on a biweekly
basis in accordance with the Manual. Personal leave accruals shall not exceed
four hundred forty (440) hours as of December 31 of each year. Any hours in
excess of said limit, will be paid to Mr. Herberg in January in an amount equal to
the hourly rate of compensation.
Administrative Leave - 40 hours per fiscal year, granted and not eligible for
annual cash out.
Investment Incentive Salary (IIS) - 6% of base salary applied on a biweekly fiscal
year basis, and a flat amount of one thousand two hundred fifty dollars ($1,250)
annually.
Deferred Compensation - OCSD-paid annual allocation for 2019, 2020, and
2021 of $11,000 allocated on a biweekly calendar year basis.
Car Allowance —OCSD-paid annual allocation of$8,400.
- Added Medical Allowance —OCSD-paid annual allocation for 2019, 2020, and
2021 of six thousand dollars ($6,000).
Mr. Herberg's benefit package also shall include benefits consistent with the Manual for:
holiday pay; medical, dental, vision and life insurance at three times base salary; long-term and
short-term disability insurance; and employee assistance program. Additionally, Mr. Herberg's
benefit package shall include executive disability insurance benefits, consistent with those
provided to OCSD managers.
These benefits shall remain in full force and effect unless and until replaced by an amendment
to this Agreement, signed by Mr. Herberg and approved by the Board,which amendment shall include
the effective date thereof.
Section 6: District's Steering Committee shall meet with General Manager in August of
each year during the term of this Agreement to review and evaluate his performance over the
prior year.The Steering Committee shall make its recommendation(s) to the Board concerning
adjustment to the compensation and/or benefits paid or provided to General Manager, to be
effective in July of the year of review. After consideration of the recommendation(s) of the
Steering Committee, the Board shall determine and approve the compensation, including
benefits, payable to General Manager, which generally becomes effective July of the fiscal year
of the review. Failure of the District to review and evaluate the performance of the General
Manager pursuant to this section shall not affect the right of the District to terminate the General
Manager's employment and shall not be considered a breach of this Agreement.
Section 7: Mr. Herberg shall be a Participant Member in the Orange County Employees
Retirement System ("OCERS"). District shall pay the required employer's contribution and 0%
of Mr. Herberg's required contribution towards membership in OCERS.
Section 8: District shall reimburse General Manager for all expenses paid by him and
incurred for non-personal,job-related District business that are reasonably necessary to the
General Manager's service to the District. The District agrees to either pay such expenses in
advance or to reimburse the expenses, so long as the expenses are incurred and submitted
according to the criteria established by District's budget and/or normal expense reimbursement
procedures pursuant to applicable policy Resolutions. To be eligible for reimbursement, all
expenses must be supported by documentation meeting the District's policies and requirements
and must be submitted within time limits established by the District. Such reimbursement shall
not be considered a benefit.
Section 9: During the period of this Agreement, it is agreed that General Manager shall
devote his fulltime, skills, labor and attention to said employment. At no time may General
Manager undertake outside activities consisting of consultant work, speaking engagements,
writing, lecturing, or other similar professional activities for money or other consideration without
prior approval of District's Steering Committee. However, the expenditure of reasonable amount
of time for educational, charitable, or professional activities shall not be deemed a breach of
this Agreement if those activities do not conflict or materially interfere with the services
required under this Agreement, and shall not require the prior written consent of the Steering
Committee.
This Agreement shall not be interpreted to prohibit General Manager from making
passive personal investments or conducting private business affairs, provided those activities
are not deemed to be a conflict of interest by state law nor do they conflict or materially interfere
with the services required under this Agreement.
Section 10, The Board has the sole discretion to determine whether the District shall pay
General Manager pending an investigation into any alleged misconduct by General Manager. In
the event that the District's Board determines, in its sole discretion, that it is inthe best interest
of the District for General Manager to be placed on paid administrative leave pending such an
investigation, General Manager shall fully reimburse any salary provided for that purpose if the
misconduct for which the General Manager was under investigation results in the General
Manager being convicted of a crime involving an abuse of his office or position as defined in
Section 2 of this Agreement. General Manager shall reimburse such salary to the District no
later than six months after such conviction.
Section 11: In the event that the District provides funds for the legal criminal defense of
General Manager, General Manager shall fully reimburse said funds to the District if the
General Manager is convicted of a crime involving an abuse of his/her office or position as
defined in Section 2 of this Agreement. General Manager shall reimburse such criminal legal
defense fees to the District no later than six months after such conviction.
Section 12% The terms and conditions of employment for General Manager, including
other employment benefits for the General Manager that are not specifically provided for in this
Agreement, shall be governed by the Manual, to the extent that amendments to the Manual
made after the effective date of this Agreement are not inconsistent with the provisions of this
Agreement. In the event of any such inconsistency or conflict, the provisions of this Agreement
shall govern.
Section 13, This Agreement supersedes any and all other prior agreements, either
oral or in writing, between the Parties hereto with respect to the employment of Mr. Herberg by
District, and contains all of the covenants and agreements between the Parties with respect to
that employment in any manner whatsoever. Each Party to this Agreement acknowledges that
no representation, inducement, promise, or agreement, orally or otherwise, has been made by
any Party, or anyone acting on behalf of any Party, which is not embodied herein, and that no
other agreement, statement, or promise not contained in this Agreement or Employment shall
be valid or binding on either Party.
Section 14: Any notices to be given hereunder by either Party to the other shall be in
writing and may be transmitted by personal delivery, or by mail, registered or certified, postage
prepaid, with return receipt requested. Mailed notices shall be addressed to the Parties at the
addresses maintained in the personnel records of District, but each Party may change that
address by written notice in accordance with this Section. Notices delivered personally shall be
deemed communicated as of the date of actual receipt; mailed notices shall be deemed
communicated as of the date of mailing.
Section 15: Any modifications of this Agreement will be effective only if set forth in
writing and signed by the Parties.
Section 16: The failure of either Party to insist on strict compliance with any of the
terms,covenants, or conditions of this Agreement by the other Party, shall not be deemed a
waiver of that term, covenant,or condition, nor shall any waiver or relinquishment of any right or
power at any one time or times be deemed a waiver or relinquishment of that right or power for
all or any other times.
Section 17: If any provision of this Agreement is held by a court of competent jurisdiction
to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in
full force without being impaired or invalidated in any way.
Section 18, This Agreement shall be governed by and construed in accordance with
the laws of the State of California and all applicable ordinances, policies and resolutions.
Section 19: General Manager acknowledges that he has had the opportunity and has
conducted an independent review of the financial and legal effects of this Agreement. General
Manager acknowledges that he has made an independent judgment upon the financial and
legal effects of the Agreement and has not relied upon representation of the District, its elected
or appointed officers and officials, agents or employees other than those expressly set forth in
this Agreement. General Manager acknowledges that he has been advised to obtain, and has
availed himself of, legal advice with respect to the terms and provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this At-Will Employment
Agreement as follows.
"DISTRICT"
ORANGE COUNTY SANITATION DISTRICT
"GENERAL MANAGER"
By:
James D. Herberg Date
APPROVED AS TO FORM: "CHAIR, BOARD OF DIRECTORS"
BRADLEY R. HOGIN
GENERAL COUNSEL
By:
Bradley R. Hogin David John Shawver Date
General Manager Salary Schedules
Orange County Sanitation District
Classification and Compensation Plan
GENERAL MANAGER, FY 2019-20
Pay Grade Step 1 Step 2 1 Step 3 Step 4 Step 5
EM37 Annual $ 263,453 $ 276,931 $ 291,096 1 $ 305,968 $ 321,610
Monthly $ 21,954 $ 23,078 $ 24,258 $ 25,497 $ 26,801
Hourly $ 126.66 $ 133.14 $ 139.95 $ 147.10 $ 154.62
GENERAL MANAGER, FY 2020-21
Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5
EM37 Annual $ 271,357 $ 285,230 $ 299,832 1 $ 315,141 $ 331,261
Monthly $ 22,613 $ 23,769 $ 24,986 $ 26,262 $ 27,605
Hourly $ 130.46 $ 137.13 $ 144.15 $ 151.51 $ 159.26
GENERAL MANAGER, FY 2021-22
Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5
EM37 Annual $ 279,490 $ 293,779 $ 308,818 $ 324,605 $ 341,203
Monthly $ 23,291 $ 24,482 $ 25,735 $ 27,050 $ 28,434
Hourly $ 134.37 $ 141.24 $ 148.47 $ 156.06 $ 164.04
uoJN�y SANITgT ay
N�
_ ` A
o / 1
Fir/N HE EN PAP
AT-WILL EMPLOYMENT AGREEMENT
James D. Herberg
General Manager
ORANGE COUNTY SANITATION DISTRICT
THIS AT-WILL EMPLOYMENT AGREEMENT ("Agreement") is entered into, to be
effective the 1st day of July, 2019, by and between:
ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as
"District";
AND
JAMES D. HERBERG, sometimes hereinafter referred to as "General
Manager"; collectively referred to herein as ("the Parties")
RECITALS
WHEREAS, District desires to continue to employ James D. Herberg ("Mr. Herberg"),
as General Manager of District, pursuant to the terms and conditions as set forth in this
Agreement;and
WHEREAS, Mr. Herberg, by virtue of his education, training and experience, is fully
qualified to fill the position of General Manager and desires to continue to serve the District
as its General Manager, pursuant to the terms and conditions of this Agreement; and
WHEREAS, per Resolution No. 19-12 adopted on September 25, 2019, the District's
Board of Directors has approved and authorized the Board Chair to execute this "At-Will
Employment Agreement"to include a base building salary increase of 5.5% of his current
salary.
WHEREAS, at the beginning of negotiations of a new Employment Agreement, the
1
parties agreed that any salary changes agreed to would take effect retroactively to the first pay
period of July 2019, which is the first pay period in the current fiscal year.
NOW, THEREFORE, the Parties hereto agree as follows:
Section 1: District hereby continues to employ Mr. Herberg to serve as General Manager
of the Orange County Sanitation District, commencing on the effective date hereof, and continuing
until termination by either Party, as provided in this Agreement.
In that capacity, Mr. Herberg agrees to perform the functions and duties of General
Manager, the administrative head of the District, as prescribed by the laws of the State of
California, and by the rules, regulations, decisions, and directions of the Board of Directors of
District (hereinafter referred to as "Board"). The General Manager's duties may involve
expenditures of time in excess of the regularly established workday or in excess of a forty-h o u r
work week and may also include time outside normal office hours (including attendance at
Board and Committee meetings). General Manager is classified as an exempt employee under
the Fair Labor Standards Act ("FLSA") and shall not be entitled to any additional compensation
for hours worked in excess of forty in a work week.
Section 2: Mr. Herberg shall be employed in an "at-will" capacity serving at the sole
pleasure of the Board. Either party to this Agreement may terminate the Agreement at any time
for any reason with or without cause, and without hearing, upon 30 days' notice to the other
party. Mr. Herberg is advised and acknowledges that he has none of the termination rights of a
Regular employee of the District. Except as expressly provided herein, and as a condition of
employment, Mr. Herberg knowingly, willingly and voluntarily gives up, waives, and disclaims
any and all rights he may have, express or implied,to any notice and/or hearing before or after
termination, and/or to any continued employment with the District after termination.
As an "at-will" employee, Mr. Herberg understands that he may be subject to termination
with or without cause at the sole discretion of the Board, notwithstanding that the other
provisions of the District's Personnel Policies and Procedures Manual (hereinafter referred to as
"Manual")apply to Mr. Herberg. If the District terminates employment without cause, Mr. Herberg shall
be given a thirty (30) day Notice of Termination and severance pay in an amount equal to six (6)
months of his then current annual base salary upon Mr. Herberg's execution of a valid written release
of legal claims.
If the District terminates this Agreement(thereby terminating Mr. Herberg's employment)without
cause, and Mr. Herberg executes a valid written release of legal claims, the severance pay is
considered a cash settlement related to the termination of Mr. Herberg and waiver of legal claims and
2
shall be fully reimbursed to the District by Mr. Herberg if Mr. Herberg is convicted of a crime involving
an abuse of his office or position. Abuse of office or position shall have the meaning set forth in
Government Code 53243.4, as may be amended, of either(1) an abuse of public authority, including,
but not limited to, waste, fraud and violation of the law under color of authority, or (2) a crime against
public justice, including, but, not limited to, a crime described in Title 7 (commencing with Section 92
of Part 1 of the Penal Code). Mr. Herberg shall reimburse such severance pay to the District no later
than six (6) months after such conviction. If Mr. Herberg terminates his employment with 30 days'
notice, the Board shall have the right to accept his resignation effective the date notice is given. Such
decision to accept his resignation earlier shall not be considered a termination without cause and shall
not entitle Mr. Herberg to receive the severance pay noted above.
Section 3: The term of this Agreement shall commence on the effective date above and
continue for an indefinite duration, until terminated by either Party pursuant to Section 2 above, or
unless terminated or amended as provided herein.
Section 4: As compensation for the services to be performed hereunder, upon the effective
date of this Agreement, District agrees to pay General Manager an annual base salary for services
rendered of three hundred six thousand one hundred ninety-six dollars ($306,196), subject to all
applicable deductions and withholdings of any and all sums required by then current state, federal or
local law, along with deductions of applicable sums the General Manager is obligated to pay because
of participation in plans and programs described in this Agreement, and paid biweekly in accordance
with the District's established accounting and payroll practices at the same time and in the same
manner as other employees of the District. No increase in salary may exceed the compensation
permitted by the applicable salary range for the classification established by duly adopted Resolution
of the Board.
For Years Two and Three of the employment contract, compensation will adjust as follows:
1. A salary increase in the first pay period of July 2020, consisting of a 3.0% salary range
adjustment and corresponding salary increase and up to 2.5% merit increase to be
determined by the Board of Directors based on job performance, not to exceed 5.5%total;
2. A salary increase in the first pay period of July 2021, consisting of a 3.0% salary range
adjustment and corresponding salary increase and up to 2.5% merit increase to be
determined by the Board of Directors based on job performance, not to exceed 5.5%total.
Section 5: For the period of this Agreement, District shall provide Mr. Herberg with a fixed
benefit package that includes the following:
3
• Personal Leave — accrued based on years of service for all paid hours, including
hours actually worked and hours in a paid-leave payroll status, on a biweekly
basis in accordance with the Manual. Personal leave accruals shall not exceed
four hundred forty (440) hours as of December 31 of each year. Any hours in
excess of said limit, will be paid to Mr. Herberg in January in an amount equal to
the hourly rate of compensation.
• Administrative Leave - 40 hours per fiscal year, granted and not eligible for
annual cash out.
• Investment Incentive Salary (IIS) - 6% of base salary applied on a biweekly fiscal
year basis, and a flat amount of one thousand two hundred fifty dollars ($1,250)
annually.
• Deferred Compensation - OCSD-paid annual allocation for 2019, 2020, and
2021 of $1 1 ,000 allocated on a biweekly calendar year basis.
• Car Allowance —OCSD-paid annual allocation of$8,400.
• Added Medical Allowance — OCSD-paid annual allocation for 2019, 2020, and
2021 of six thousand dollars ($6,000).
Mr. Herberg's benefit package also shall include benefits consistent with the Manual for:
holiday pay; medical, dental, vision and life insurance at three times base salary; long-term and
short-term disability insurance; and employee assistance program. Additionally, Mr. Herberg's
benefit package shall include executive disability insurance benefits, consistent with those
provided to OCSD managers.
These benefits shall remain in full force and effect unless and until replaced by an amendment
to this Agreement, signed by Mr. Herberg and approved by the Board, which amendment shall include
the effective date thereof.
Section 6: District's Steering Committee shall meet with General Manager in August of
each year during the term of this Agreement to review and evaluate his performance over the
prior year. The Steering Committee shall make its recommendation(s) to the Board concerning
adjustment to the compensation and/or benefits paid or provided to General Manager, to be
effective in July of the year of review. After consideration of the recommendation(s) of the
Steering Committee, the Board shall determine and approve the compensation, including
benefits, payable to General Manager, which generally becomes effective July of the fiscal year
of the review. Failure of the District to review and evaluate the performance of the General
Manager pursuant to this section shall not affect the right of the District to terminate the General
Manager's employment and shall not be considered a breach of this Agreement.
4
Section 7: Mr. Herberg shall be a Participant Member in the Orange County Employees
Retirement System ("OCERS"). District shall pay the required employer's contribution and 0%
of Mr. Herberg's required contribution towards membership in OCERS.
Section 8: District shall reimburse General Manager for all expenses paid by him and
incurred for non-personal,job-related District business that are reasonably necessary to the
General Manager's service to the District. The District agrees to either pay such expenses in
advance or to reimburse the expenses, so long as the expenses are incurred and submitted
according to the criteria established by District's budget and/or normal expense reimbursement
procedures pursuant to applicable policy Resolutions. To be eligible for reimbursement, all
expenses must be supported by documentation meeting the District's policies and requirements
and must be submitted within time limits established by the District. Such reimbursement shall
not be considered a benefit.
Section 9: During the period of this Agreement, it is agreed that General Manager shall
devote his fulltime, skills, labor and attention to said employment. At no time may General
Manager undertake outside activities consisting of consultant work, speaking engagements,
writing, lecturing, or other similar professional activities for money or other consideration without
prior approval of District's Steering Committee. However, the expenditure of reasonable amount
of time for educational, charitable, or professional activities shall not be deemed a breach of
this Agreement if those activities do not conflict or materially interfere with the services
required under this Agreement, and shall not require the prior written consent of the Steering
Committee.
This Agreement shall not be interpreted to prohibit General Manager from making
passive personal investments or conducting private business affairs, provided those activities
are not deemed to be a conflict of interest by state law nor do they conflict or materially interfere
with the services required under this Agreement.
Section 10: The Board has the sole discretion to determine whether the District shall pay
General Manager pending an investigation into any alleged misconduct by General Manager. In
the event that the District's Board determines, in its sole discretion, that it is in the best interest
of the District for General Manager to be placed on paid administrative leave pending such an
investigation, General Manager shall fully reimburse any salary provided for that purpose if the
misconduct for which the General Manager was under investigation results in the General
Manager being convicted of a crime involving an abuse of his office or position as defined in
5
Section 2 of this Agreement. General Manager shall reimburse such salary to the District no
later than six months after such conviction.
Section 11: In the event that the District provides funds for the legal criminal defense of
General Manager, General Manager shall fully reimburse said funds to the District if the
General Manager is convicted of a crime involving an abuse of his/her office or position as
defined in Section 2 of this Agreement. General Manager shall reimburse such criminal legal
defense fees to the District no later than six months after such conviction.
Section 12: The terms and conditions of employment for General Manager, including
other employment benefits for the General Manager that are not specifically provided for in this
Agreement, shall be governed by the Manual, to the extent that amendments to the Manual
made after the effective date of this Agreement are not inconsistent with the provisions of this
Agreement. In the event of any such inconsistency or conflict, the provisions of this Agreement
shall govern.
Section 13: This Agreement supersedes any and all other prior agreements, either
oral or in writing, between the Parties hereto with respect to the employment of Mr. Herberg by
District, and contains all of the covenants and agreements between the Parties with respect to
that employment in any manner whatsoever. Each Party to this Agreement acknowledges that
no representation, inducement, promise, or agreement, orally or otherwise; has been made by
any Party, or anyone acting on behalf of any Party, which is not embodied herein, and that no
other agreement, statement, or promise not contained in this Agreement or Employment shall
be valid or binding on either Party.
Section 14: Any notices to be given hereunder by either Party to the other shall be in
writing and may be transmitted by personal delivery, or by mail, registered or certified, postage
prepaid, with return receipt requested. Mailed notices shall be addressed to the Parties at the
addresses maintained in the personnel records of District, but each Party may change that
address by written notice in accordance with this Section. Notices delivered personally shall be
deemed communicated as of the date of actual receipt; mailed notices shall be deemed
communicated as of the date of mailing.
Section 15: Any modifications of this Agreement will be effective only if set forth in
writing and signed by the Parties.
Section 16: The failure of either Party to insist on strict compliance with any of the
terms, covenants, or conditions of this Agreement by the other Party, shall not be deemed a
6
waiver of that term, covenant,or condition, nor shall any waiver or relinquishment of any right or
power at any one time or times be deemed a waiver or relinquishment of that right or power for
all or any other times.
Section 17: If any provision of this Agreement is held by a court of competent jurisdiction
to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in
full force without being impaired or invalidated in any way.
Section 18: This Agreement shall be governed by and construed in accordance with
the laws of the State of California and all applicable ordinances, policies and resolutions.
Section 19: General Manager acknowledges that he has had the opportunity and has
conducted an independent review of the financial and legal effects of this Agreement. General
Manager acknowledges that he has made an independent judgment upon the financial and
Legal effects of the Agreement and has not relied upon representation of the District, its elected
or appointed officers and officials, agents or employees other than those expressly set forth in
this Agreement. General Manager acknowledges that he has been advised to obtain, and has
availed himself of, legal advice with respect to the terms and provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this At-Will Employment
Agreement as follows.
"DISTRICT"
ORANGE COUNTY SANITATION DISTRICT
"GENERAL MANAGER"
By: 4�k
J mes D. Herberg 0 Date
7
APPROVED AS TO FORM: "CHAIR, BOARD OF DIRECTORS"
BRADLEY R. HOGIN
GENERAL COUNSEL
By: --l �r�UGC n
e R. H g David Jon hawver Date
8
oJ�V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
BOARD OF DIRECTORS (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1194 Agenda Date: 8/26/2020 Agenda Item No: CS-1
FROM: James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Initiation of litigation regarding development fees and conditions at Project OCSD Headquarters
Building: City of Fountain Valley
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 OCSD website (www.ocsd.com) with the complete agenda
package:
• Memo from General Counsel
Orange County Sanitation District Page 1 of 1 Printed on 8/19/2020
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RITA
WOODRUFF, SPRADLIN&SMART
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: August 10, 2020
RE: Closed Session Items
The Board of Directors desires to hold a closed session on August 26, 2020 for the
purpose of conferring with its legal counsel regarding potential litigation. Based on existing
facts and circumstances, the Board is deciding whether to initiate litigation against another party.
The closed session will be held pursuant to the authority of California Government Code Section
54956.9(d)(4). The facts and circumstances are as follows: a dispute has arisen between the City
of Fountain Valley and the District regarding fees and conditions that the City seeks to impose
on the District's construction of a new headquarters building. In the view of the District, these
fees and conditions are unlawful.
Respectfully submitted,
By
Brad ey R. Hogi , General Counsel
1114541.2
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.