HomeMy WebLinkAboutOC SAN 25-09RESOLUTION NO. OC SAN 25-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT
AUTHORIZING THE GENERAL MANAGER TO ACQUIRE
PROJECT -RELATED PERMANENT EASEMENTS, RIGHT-
OF-WAY, AND OTHER INTERESTS IN REAL PROPERTY
FOR $150,000 OR LESS AND TO ACQUIRE TEMPORARY
CONSTRUCTION EASEMENTS OF LESS THAN FIVE YEARS
FOR PROJECTS APPROVED BY THE BOARD OF
DIRECTORS, AND REPEALING RESOLUTION NO. OCSD
98-44
WHEREAS, the Orange County Sanitation District ("OC San") is a governmental
agency formally organized under the laws of the State of California (Government Code
§§ 6500 et seq.);
WHEREAS, OC San may acquire any interest in real property necessary or
convenient for the construction, maintenance, and operation of a sewerage system as a
sanitation district pursuant to the California Health and Safety Code section 4740;
WHEREAS, California Government Code section 27281 provides that a
governmental agency may, by resolution, authorize one or more of its officers or agents
to acquire, accept, and consent to deeds or grants conveying an interest in or easement
upon real estate for public purposes;
WHEREAS, OC San has heretofore authorized the General Manager to
purchase, without approval by the Board, supplies, services and equipment to carry out
Board policy;
WHEREAS, Resolution No. OCSD 98-44 passed and adopted by the Board on
August 26, 1998, specifically authorized the General Manager (or his designee) to
purchase easements that cost One Hundred Thousand Dollars ($100,000) or less which
are necessary for projects approved by the Board without prior submittal of such
purchases to the Board for approval;
WHEREAS, Ordinance No. OC-SAN-61 passed and adopted by the Board on July
26, 2023, authorized the General Manager to approve and execute non -real estate
contracts and applicable renewals for budgeted procurements for One Hundred Fifty
Thousand Dollars ($150,000) or less ("Contract Threshold");
WHEREAS, it is frequently necessary to acquire rights -of -way and easements to
facilitate construction projects which have been approved by the Board of Directors,
sometimes with very little time to avoid project delays;
OC SAN 25-09-1
WHEREAS, requiring formal action from OC San's Board of Directors for each
conveyance for project construction can result in administrative delays and inefficiencies
that impede timely project delivery;
WHEREAS, the Board of Directors finds that the acquisition of permanent
easements, right-of-way, and other real estate interests costing One Hundred Fifty
Thousand Dollars ($150,000.00) or less should be left to the discretion of the General
Manager for the timely completion of OC San projects;
WHEREAS, the Board of Directors finds that the acquisition of temporary
construction easements of any value with a term of five (5) years or less should be left to
the discretion of the General Manager;
WHEREAS, the Board of Directors has reviewed this Resolution and now desires
to (i) authorize the General Manager to consent to the acquisition of permanent
easements, right-of-way, and other real property interests costing One Hundred Fifty
Thousand Dollars ($150,000) or less, consistent with the Contract Threshold, and (ii) to
authorize the General Manager to acquire temporary construction easements of any
value with a term of five (5) years or less, in order to facilitate efficient construction
activities for projects approved by the Board of Directors.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ORANGE COUNTY
SANITATION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are hereby
incorporated as findings.
Section 2. Authorization to Acquire Easements and Right -of -Way. That the
General Manager, or the General Manager's designee, is hereby authorized to acquire
easements, right-of-way, and other interests in real property that cost One Hundred
Fifty Thousand ($150,000.00) Dollars or less, necessary for projects approved by the
Board of Directors related to the construction, installation, operation, maintenance,
repair, or replacement of OC San facilities or infrastructure, without prior submittal of
such purchases to the Board of Directors for approval. All such acquisitions shall be
executed in a form approved by General Counsel.
Section 3. Authorization to Acquire Temporary Construction Easements.
That the General Manager, or the General Manager's designee, is hereby authorized
to acquire deeds or grants conveying to OC San temporary construction easements
that are (i) necessary for the construction of projects approved by the Board of
Directors for the construction, installation, operation, maintenance, repair, or
replacement of OC San facilities or infrastructure and (ii) have a term not exceeding
five (5) years. Such acquisitions may be made without prior submittal to the Board of
Directors for approval. This delegation further authorizes the General Manager, or their
designee, to take any actions reasonably necessary, including execution of any related
documentation, to facilitate recordation consistent with Government Code section
OC SAN 25-09-2
27281. All such documentation shall be executed in a form approved by General
Counsel.
Section 4. Reporting of Easements. The General Manager shall report to the
Board of Directors all right-of-way, easements, and other interests purchased or
accepted pursuant to this delegation of authority no less than on a quarterly basis. This
report shall include the location, purpose, and relevant terms of the purchase or
acceptance.
Section 5. Severability. If any section, subsection, sentence, clause, or
phrase in this Resolution is for any reason held invalid, the validity of the remainder of
this Resolution shall not be affected thereby. The Board of Directors hereby declares
that it would have approved this Resolution, irrespective of the fact that one or more
sections, subsections, sentences, clauses, or phrases, or the application thereof, are
held invalid.
Section 6. Effective Date. This Resolution shall take effect immediately upon
its adoption.
Section 7. California Environmental Quality Act ("CEQA"). The Board finds
that this Resolution is not subject to CEQA pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of
Regulations) because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Section 8. Conflicting Resolutions. This Resolution shall supersede and
rescind any prior resolutions or portions thereof only to the extent they conflict with or
are contrary with the provisions set forth herein. To this end, Resolution No. OCSD 98-
44 is hereby repealed.
OC SAN 25-09-3
PASSED AND ADOPTED at a Regular meeting of the Board of Directors held
July 23, 2025.
Ryan P. Gallagher
Board Chairman
ATTEST:
Z��- L&1210—
Kelly Lore (Ju , 202509:18:08 PDT)
Kelly A. Lore, MMC
Clerk of the Board
APPROVED AS TO FORM:
Scott C. Smith
General Counsel
OC SAN 25-09-4
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OC SAN 25-09 was passed
and adopted at a regular meeting of said Board on the 23rd day of July 2025, by the
following vote, to wit:
AYES: Joyce Ahn, Debbie Baker, Pat Burns, Doug Chaffee,
Jon Dumitru, Ryan Gallagher, Johnathan Ryan
Hernandez, Lisa Landau, Carlos Leon, Christine Marick,
Scott Minikus, Jordan Nefulda, Andrew Nguyen, Jamie
Valencia, Chad Wanke, Erik Weigand, Rose Espinoza
(Alternate), Dan Ferons (Alternate), Gene Hernandez
(Alternate), Kelly McBride (Alternate), Art Perry
(Alternate), Cindy Tran (Alternate), Kathleen Treseder
(Alternate) and John Warren (Alternate)
NOES: None
ABSENT: Glenn Grandis
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 23rd day of July 2025.
Kelly Lore (Ju 2025 09:18:08 PDT)
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OC SAN 25-09-5
OC SAN 25-09
Final Audit Report 2025-07-28
Created: 2025-07-24
By: Kelly Lore (klore@ocsan.gov)
Status: Signed
Transaction ID: CBJCHBCAABAApXu4yTa_8LfSgpgKqPh5EoOleKByQZX3
"OC SAN 25-09" History
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