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HomeMy WebLinkAbout2022-12-13 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, December 13, 2022, 6:30 PM 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS Due to the continuing state of emergency declared by the California Governor related to preventing the spread of Coronavirus (COVID-19), and pursuant to California Government Code Section 54953(e), this meeting will be facilitated in a hybrid format. As such, Directors and members of the public may choose to participate in person or by video/teleconference. Information for accessing this meeting by telephone or internet-based service is provided below. For questions regarding participation, please call the Board Secretary at (714) 701-3020. Computer/Mobile Device: https://us06web.zoom.us/j/87908142601 Telephone: (669) 900-6833 or (346) 248-7799 Meeting ID: 879 0814 2601 2. CALL TO ORDER 3. ROLL CALL 4. PLEDGE OF ALLEGIANCE 5. ADDITIONS/DELETIONS TO THE AGENDA Items may be added to the agenda upon determination by a two-thirds vote of the Board, or a unanimous vote if only three Directors are present, that there is a need to take immediate action which came to the District's attention subsequent to the agenda being posted. (GC 54954.2(b)(2)) 6. SEATING OF DIRECTORS 6.1. Administration of Oaths of Office 6.2. Reorganization of the Board of Directors and Appointment of Officers 7. ADJOURN TO PUBLIC FINANCING CORPORATION AND FINANCING AUTHORITY REGULAR MEETINGS 8. INTRODUCTIONS AND PRESENTATIONS 8.1. Elected Official Liaison Reports 9. PUBLIC COMMENTS Any individual wishing to address the Board (or Committee) is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to three minutes and must be related to matters of public interest within the jurisdiction of the Water District. (GC 54954.3) 10. CONSENT CALENDAR All items on the consent calendar are considered routine and may be approved by a single motion. There will be no discussion of these items unless a member of the Board, staff, or public requests separate consideration. 10.1. Minutes of the Board of Directors Meeting Held November 16, 2022 Page 1 of 334 Recommendation: That the Board of Directors approve the minutes as presented. 10.2. Reauthorizing Continuation of Virtual/Teleconference Board Meetings Recommendation: That the Board of Directors reauthorize the continuation of virtual/teleconference meetings pursuant to AB 361 for an additional 30 days based on the findings that (1) the Board has reconsidered the circumstances of the state of emergency for COVID-19, and that (2) state and local officials continue to impose or recommend measures to promote social distancing. 10.3. Status of Communications Activities Recommendation: That the Board of Directors receive and file the monthly communications activities report. 10.4. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,719,479.48 10.5. Budget to Actual Statements for Month Ended October 31, 2022 Recommendation: That the Board of Directors receive and file the Budget to Actual Statements for the Month Ended October 31, 2022. 10.6. Cash and Investment Reports for Month Ended October 31, 2022 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended October 31, 2022. 10.7. Directors and General Manager Fees and Expenses Report for First Quarter of Fiscal Year 2022-23 Recommendation: That the Board of Directors receive and file the Directors' and General Manager Fees and Expenses Report for First Quarter of Fiscal Year 2022-23. 10.8. Notice of Completion for Stonehaven Water Main Project Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for the Stonehaven Water Main Project, Job No. J-2018-28. 10.9. Notice of Exemption for Main Street Sewer Replacement Project Recommendation: That the Board of Directors consent to file the Notice of Exemption with the Orange County Clerk-Recorder's Office. 10.10. Notice of Exemption for Timber Ridge Booster Pump Station Rehabilitation Project Recommendation: That the Board of Directors consent to file the Notice of Exemption with the Orange County Clerk-Recorder's Office for the Timber Ridge Booster Pump Station Rehabilitation Project. 10.11. Mitigated Negative Declaration for BNSF Waterline Crossing at Veterans Village and Highland Avenue Recommendation: That the Board of Directors: (1) adopt the proposed Initial Study and Mitigated Negative Declaration (IS/MND) and make a finding on the basis of the whole record that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated Negative Page 2 of 334 Declaration reflects the Board of Directors' independent judgment and analysis; (2) adopt the Mitigation Monitoring and Reporting Program, and authorize staff to file a Notice of Determination for the project; and (3) determine that the Board Secretary is the custodian of the documents and materials which constitute the record of proceedings upon which the Board's decision is based and such documents and materials will be at the District's headquarters. 10.12. Terms and Conditions for Sewer Service with the City of Yorba Linda for Lakeview Avenue Sewer Improvements, Job No. J-2013-03S Recommendation: That the Board of Directors approve the Terms and Conditions for Sewer Service with the City of Yorba Linda for Lakeview Avenue Sewer Improvements, Job No. J-2013-03S. 10.13. Agreement with Base Hill, Inc. DBA Jan Point for Janitorial Services Recommendation: That the Board of Directors authorize the General Manager to enter into a Janitorial Services Agreement with Base Hill, Inc. DBA Jan Point for a 3-year term beginning January 1, 2023 through December 31, 2025 for an estimated total cost of $220,000. 10.14. Agreement with Brightview Landscape, Inc. for Landscape Maintenance Services Recommendation: That the Board of Directors authorize the General Manager to enter into a Landscape Maintenance Services Agreement with Brightview Landscape, Inc. for a 3-year term beginning January 1, 2023 through December 31, 2025 for an estimated total cost of $125,000. 11. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board (or Committee) discussions are needed prior to formal action. 11.1. Facilitation of Board Workshop Meeting Recommendation: That the Board of Directors authorize the General Manager to engage BHI Management Consulting to facilitate a workshop meeting for a fixed fee of $3,200 plus the cost of reasonable travel and material expenses in the amount of approximately $700. 11.2. Board of Directors' Compensation Recommendation: That the Board of Directors review the Directors' current compensation rate and discuss if it should remain the same for the next fiscal year. 12. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board (or Committee) at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking advice and counsel. Time permitting, it is generally in the District’s interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 12.1. YLWD Investment Strategy and Policy 12.2. OCWD Groundwater Basin Production Percentage (BPP) 12.3. Draft Memorandum of Understanding with MWDSC for Construction of Helicopter Hydrant Page 3 of 334 12.4. Board of Directors' Committee, Agency, and Intergovernmental Meeting Assignments 12.5. Start Time for Regular Board Meetings 13. REPORTS, INFORMATION ITEMS, AND COMMENTS 13.1. Director's Reports 13.2. General Manager's Report 13.3. General Counsel's Report 13.4. Future Agenda Items and Staff Tasks 14. COMMITTEE REPORTS 14.1. Interagency Committee with MWDOC and OCWD (Miller / DesRoches) - Next meeting will be scheduled when needed. 14.2. Joint Agency Committee with City of Yorba Linda (Miller / Lindsey) - Minutes for meeting held Monday, November 7, 2022 at 4:00 p.m. will be provided when available. Next meeting yet to be scheduled. 14.3. Joint Agency Committee with City of Placentia (Jones / Lindsey) - Minutes for meeting held Tuesday, October 25, 2022 at 4:00 p.m. will be provided when available. Next meeting yet to be scheduled. 15. BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1. Meetings from December 14, 2022 - January 31, 2023 16. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 16.1. Conference with Legal Counsel - Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 16.2. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 17. REPORT FROM CLOSED SESSION 18. ADJOURNMENT 18.1. The regular meeting scheduled Tuesday, December 27, 2022 has been canceled. The next regular Board meeting is scheduled Tuesday, January 10, 2023 at 6:30 p.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for Page 4 of 334 public inspection in the lobby of the District’s Administrative building located at 1717 E Miraloma Ave, Placentia CA 92870 during regular business hours. When practical, these materials will also be posted on the District’s website at https://ylwd.com/. (GC 54957.5) Accommodations for the Disabled Requests for disability-related modifications or accommodations, including auxiliary aids or services, required for participation in the above-posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24 hours in advance. (GC 54954.2(a)) Page 5 of 334 ITEM NO. 6.2. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Reorganization of the Board of Directors and Appointment of Officers RECOMMENDATION: That the Board of Directors: (1) nominate and elect a President; (2) nominate and elect a Vice President; and (3) appoint staff to serve as the Secretary, Assistant Secretary, and Treasurer for the next calendar year. SUMMARY: Pursuant to Section 6.1.(A) of the Board of Directors' Policies and Procedures, a President and Vice President of the Board shall be elected annually at the District's reorganization meeting held at the first regular meeting of the Board in December of each year. Additionally, the Board is required to appoint the Municipal Corporation Officers of Secretary, Assistant Secretary, and Treasurer. FISCAL IMPACT: None. BACKGROUND: The powers and duties of the President, Vice President, Secretary, Assistant Secretary, and Treasurer are set forth in the County Water District Law and the Board of Directors' Policies and Procedures. In summary, the President's duties are as follows:  Assume the chair of the Presiding Officer immediately after election.  Make committee, agency, and intergovernmental meeting assignments, subject to consent of the Board.  Conduct the proceedings of the Board.  Sign all ordinances, resolutions, and contract documents approved and adopted by the Board as required.  Perform other duties imposed by the Board. The Vice President will serve as the Presiding Officer and perform all of the above-listed duties in the Page 6 of 334 absence of the President. The Secretary, or Assistant Secretary in the absence of the Secretary, attests all ordinances and resolutions approved and adopted by the Board, countersigns all contract documents approved or adopted by the Board as required, prepares the minutes of each meeting held by the Board, and performs other duties as imposed by the Board in accordance with governing laws and regulations. The Treasurer installs and maintains a system of auditing and accounting that completely and at all times shows the financial condition of the District, and also performs other duties as imposed by the Board in accordance with governing laws and regulations. A member of the Board cannot serve as the General Manager, Secretary, Assistant Secretary, or Treasurer. However, the same person can be appointed as General Manager and Secretary or Secretary and Treasurer. The General Manager cannot serve as the Treasurer. There is no additional compensation for serving as an appointed office if the individual is an employee of the District. Staff recommends the Board consider appointing Annie Alexander as Secretary, Veronica Ortega as Assistant Secretary, and Delia Lugo as Treasurer. Page 7 of 334 ITEM NO. 10.1. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Minutes of the Board of Directors Meeting Held November 16, 2022 RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: 1. Draft Meeting Minutes Page 8 of 334 Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 1 2022-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Wednesday, November 16, 2022, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS Were included on the agenda. 2. CALL TO ORDER The meeting was called to order at 6:30 p.m. 3. PLEDGE OF ALLEGIANCE Vice President Jones led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT J. Wayne Miller, PhD, President Mark Toy, General Manager Brooke Jones, Vice President Doug Davert, Assistant General Manager Trudi DesRoches John DeCriscio, Operations Manager Phil Hawkins Delia Lugo, Finance Manager Tom Lindsey Rosanne Weston, Engineering Manager Alison Martin, Public Affairs Manager Annie Alexander, Board Secretary ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS/DELETIONS TO THE AGENDA President Miller recognized the recent passing of Director Hawkins’ father, Hon. Phillip D. Hawkins, Sr., and noted that this meeting would be conducted in his special memory. A moment of silence for Hon. Hawkins, Sr. was then taken. General Manager Toy expressed his sincere condolences to Director Hawkins and his family. Mr. Toy then noted the addition of a flow chart (Exhibit B) for Item No. 9.1. to illustrate the sequence of events set forth in the encroachments policy. He also noted the addition of a new section in the policy (4.5.) to reference the flow chart. Copies of the revised policy including the flow chart were distributed to the Board and made available to the public. Mr. Toy also requested to defer Item No. 13.1 to the next regular Board meeting due to technical issues with the A/V system. Page 9 of 334 Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 2 2022-XXX 6. INTRODUCTIONS AND PRESENTATIONS 6.1.Elected Official Liaison Reports None. 6.2.Federal and State Legislative Update Staff referenced the report included in the agenda packet for which there were no questions or comments. 7. PUBLIC COMMENTS Al Nederhood, resident, commented on the content of a political campaign mailer associated with the recent election. 8. CONSENT CALENDAR Vice President Jones requested to remove Item No. 8.10., Directors Lindsey and DesRoches requested to remove Item No. 8.8., and President Miller requested to remove Item No. 8.7. from the Consent Calendar for separate action. Director Hawkins made a motion, seconded by Director DesRoches, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote. 8.1.Minutes of the Board of Directors Meeting Held October 24, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 8.2.Reauthorizing Continuation of Virtual/Teleconference Board Meetings Recommendation: That the Board of Directors reauthorize the continuation of virtual/teleconference meetings pursuant to AB 361 for an additional 30 days based on the findings that (1) the Board has considered the circumstances of the state of emergency for COVID-19, and that (2) state and local officials continue to impose or recommend measures to promote social distancing. 8.3.Legislative Platform for Calendar Year 2023 Recommendation: That the Board of Directors approve the proposed legislative platform for calendar year 2023. Page 10 of 334 Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 3 2022-XXX 8.4.Status of Communications Activities Recommendation: That the Board of Directors receive and file the monthly communications activities report. 8.5.Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,851,711.12. 8.6.Unaudited Financial Statements for First Quarter of Fiscal Year 2022-23 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the First Quarter of Fiscal Year 2022-23. 8.9.Agreement with City of Placentia for Valve Box and Manhole Adjustment for Fiscal Year 2022-23 Recommendation: That the Board of Directors authorize the General Manager to execute an agreement with the City of Placentia to adjust District manhole and valve boxes impacted by the City’s paving projects, subject to legal review by General Counsel. 8.11.Terms and Conditions for Water and Sewer Service with the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints for 17142 Bastanchury Road Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints for 17142 Bastanchury Road. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION President Miller commented on the District’s investment profile as related to Item No. 8.7. and current yields and flexibility of treasury bonds versus CDs. He noted that staff will be preparing associated investment options for the Board’s consideration at a future meeting. Directors Lindsey, Hawkins, and DesRoches commended staff for the thorough and detailed report associated with Item No. 8.8. Director DesRoches requested staff include the budgeted amounts for each project in this report for comparison with the expenditures. Page 11 of 334 Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 4 2022-XXX General Counsel Gagen and staff responded to questions from Vice President Jones regarding provisions to protect against potential liability contained in the documents being considered for Item Nos. 8.8. and 8.10. Director Lindsey made a motion, seconded by Director Hawkins, to approve Item Nos. 8.7., 8.8., and 8.10. Motion carried 5-0-0-0 on a roll call vote. 8.7.Cash and Investment Report for the Period Ending September 30, 2022 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ending September 30, 2022. 8.8.Capital Improvement Plan (CIP) Progress Report for First Quarter of Fiscal Year 2022-23 Recommendation: That the Board of Directors receive and file the Capital Improvement Plan Progress Report for First Quarter of Fiscal Year 2022-23. 8.10.Declaration of Restrictive Covenants with Michael Major and Kimberly Major of 4179 Pepper Avenue, Yorba Linda Recommendation: That the Board of Directors authorize the Board President and General Manager to execute a Declaration of Restrictive Covenants with Michael Major and Kimberley Major of 4179 Pepper Avenue, Yorba Linda. 9. ACTION CALENDAR 9.1.Adoption of Encroachments Policy General Counsel Gagen reviewed revisions made to the proposed policy based on discussion during the last Board meeting. Staff then reviewed the new flowchart identified as Exhibit B and responded to related questions from the Board. Staff also noted that the Declaration of Restrictive Covenants included as Exhibit A was a template and will be amended as needed to address individual situations. Pres. Miller noted that this policy had been drafted at the request of the Board. Director Lindsey requested the final policy be shared with City agencies for which the District provides water/sewer services and brought back for Board review in a year’s time. Discussion followed regarding provisions in the policy as compared to similar, but potentially contradictive provisions in Exhibit A, provisions for protection against potential liability, starting the communications log earlier in the process, and using certified mail to contact the property owner. Page 12 of 334 Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 5 2022-XXX Director Lindsey made a motion, seconded by Director DesRoches, to adopt Resolution No. 2022-XX adopting, in its substantial form, an Encroachments Policy, with the following instructions and requested amendments: Bring the finalized policy back to the Board for review in a year’s time. Amend provisions contained in the Declaration of Restrictive Covenants template (Exhibit A) to eliminate contradictions with the policy. Amend the policy and flowchart to require at least two different methods for contacting the property owner. Amend the flowchart to start the communications log immediately before contacting a City agency. Motion carried 5-0-0-0 on a roll call vote. 9.2.Association of California Water Agencies (ACWA) Proposed Amended and Restated Bylaws Al Nederhood, resident, commented on the role of ACWA and the proposed amendments to the association’s bylaws. He also commented on content contained in a political campaign flyer related to the location of previous ACWA conferences. President Miller explained that he would not be present at ACWA’s General Membership Meeting during which the vote was to take place and suggested designating the General Manager and Assistant General Manager as delegate and alternate delegate respectively, to vote on the District’s behalf. Director Miller made a motion, seconded by Director Jones, to designate General Manager Mark Toy as delegate and Assistant General Manager Doug Davert as alternate delegate to vote on the District’s behalf during the upcoming ACWA General Session Membership Meeting(s). Motion carried 5-0-0-0 on a roll call vote. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1.Director’s Reports Director Hawkins reported on positive feedback he had received on General Manager Toy’s presentation at a recent Yorba Linda Chamber of Commerce meeting. Director Lindsey reported on topics discussed during the virtual State of OC Sanitation event. Page 13 of 334 Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 6 2022-XXX Director DesRoches reported topics covered during the City of Yorba Linda’s recent Council meeting including local crime statistics. Director Lindsey noted that a new fire chief had been appointed for the City of Yorba Linda and encouraged staff to get in touch. 10.2.General Manager’s Report General Manager Toy referenced his report in the agenda packet and commented on his recent speaking engagements. He also briefed the Board on the status of the MOU with MWDSC for the helicopter hydrant. President Miller commended Engineering and Production staff for their assistance with a recent tour of the PFAS Treatment Plant for engineering students at UC Riverside. 10.3.General Counsel’s Report None. 10.4.Future Agenda Items and Staff Tasks President Miller asked if the Board was in agreement to have staff prepare alternative investment strategies for consideration at a future meeting. The Board concurred with no objections. 11. COMMITTEE REPORTS 11.1.Interagency Committee with MWDOC and OCWD (Miller / DesRoches) – Next meeting will be scheduled when needed. 11.2.Joint Agency Committee with City of Yorba Linda (Miller / Lindsey) – Minutes for meeting held Monday, November 7, 2022 at 4:00 p.m. will be provided when available. Next meeting yet to be scheduled. 11.3.Joint Agency Committee with City of Placentia (Jones / Lindsey) – Minutes for meeting held Tuesday, October 25, 2022 at 4:00 p.m. will be provided when available. Next meeting yet to be scheduled. Director Lindsey and staff briefly reviewed topics discussed during the last committee meeting with City of Placentia. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1 Meetings from November 17 – December 31, 2022 Page 14 of 334 Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 7 2022-XXX President Miller opened the floor to public comment before the Board entered Closed Session. Director Lindsey introduced representatives for the Church of Jesus Christ of Latter Day Saints who were in attendance. 13. CLOSED SESSION The Board entered Closed Session at 7:57 p.m. Item No. 13.1 was deferred to the next regular Board meeting. 13.1 Annual Homeland Security Briefing Regarding Public Services or Facilities Pursuant to Subdivision (a) of Section 54957 of the California Government Code Consultation with General Manager 13.2.Conference with Legal Counsel – Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: Two 13.3.Conference with Legal Counsel – Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: Two 13.4.Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: YLWD v. Alex Winsberg (Orange County Superior Court- Case No. 30-2022-01284814-CU-OR-CJC) 13.5.Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board returned to Open Session at 9:03 p.m. 14. REPORT FROM CLOSED SESSION General Counsel Gagen announced that no reportable action was taken by the Board of Directors during Closed Session. Page 15 of 334 Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 8 2022-XXX 15. ADJOURNMENT 15.1.Director DesRoches made a motion, seconded by Director Jones, to adjourn the meeting at 9:04 p.m. Motion passed 5-0-0-0 on a roll call vote. Annie Alexander Board Secretary Page 16 of 334 ITEM NO. 10.2. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Reauthorizing Continuation of Virtual/Teleconference Board Meetings RECOMMENDATION: That the Board of Directors reauthorize the continuation of virtual/teleconference meetings pursuant to AB 361 for an additional 30 days based on the findings that (1) the Board has reconsidered the circumstances of the state of emergency for COVID-19, and (2) state and local officials continue to recommend measures to promote social distancing. BACKGROUND: At the October 24, 2022 Board meeting, pursuant to AB 361, the Board of Directors adopted Resolution No. 2022-30 and authorized the Board to continue to have remote meetings based on the continued state of emergency for COVID-19 and the finding that state and local officials have imposed or recommended measures to promote social distancing. If the Board wishes to continue to hold remote meetings pursuant to AB 361, and assuming a state of emergency is still in place, it must make similar findings at least every 30 days. At the time this report was prepared, there was a continued state of emergency for COVID-19, and state and local officials continued to recommend measures to promote social distancing. This item is on the agenda for the Board to consider whether to continue remote meetings pursuant to AB 361 for an additional 30 days and to make the appropriate findings. Page 17 of 334 ITEM NO. 10.3. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Alison Martin, Public Affairs Manager SUBJECT: Status of Communications Activities RECOMMENDATION: That the Board of Directors receive and file the monthly communications activities report. STRATEGIC PLAN INITIATIVES: G1 5D - Engage public to address issues with their representatives and maintain community partnerships with cities and organizations.; G4 1A - Provide timely communication, messaging, and strategies.; G4 1B - Establish annual tour of District facilities for the community to coincide with Water Awareness Month.; G4 2A - Update District website frequently.; G4 2B - Publish annual report and infographics; include water usage, cost, reconciliation, investments, projects, etc.; G4 2C - Design and include informative bill inserts.; G4 2D - Communicate emerging water quality and sewer issues/regulations. ATTACHMENTS: 1. Communications Lab Monthly Report Page 18 of 334 October Activity Report–Update TO:Alison Martin, Public Affairs Manager, PIO, Yorba Linda Water District FROM:Diego Terán, Sr. Account Manager, Communications LAB DATE: Nov. 30, 2022 RE: Current communications projects Below are highlights of current Communications Lab projects for Yorba Linda Water District: Social Media a) Agency updated task on Asana to share KPI reports on Nov. 14. Next step: Analyze numbers and give recommendations in upcoming periods. b) Agency’s Social Media Team provided recommendations to improve client’s webpage. Among them: a. Enhancement of pages with little copy with photos from Records Department. b. Consolidation of pages with forms c. Consolidation of pages with access from tabs already available on main page. c) Social Media calendar ranging from Nov. 15-Jan 15, 2023 has been approved and programed. Next steps: Add any special occasion to calendar as needed. Graphic design a) Agency developed Cartoon Girl character into various jobs. Art illustrations included elements provided by client in various occupations, namely: a. Board Member b. Human Resources c. Admin & Engineer. Next steps: Update additional characters as needed. Other a) Agency met on Nov. 14 with client and offered client strategic communications services if needed. Page 19 of 334 ITEM NO. 10.4. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager Keri Hollon, Accounting Assistant II SUBJECT: Payments of Bills, Refunds, and Wire Transfers RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $2,719,479.48. BACKGROUND: Pursuant to Section 31302 of the California Water Code, staff is submitting a list of disbursements to the Board of Directors for approval. The items on this disbursement list include a wire of $454,352.47 to MWDOC for September 2022 water purchases; a wire of $59,308.29 to So. California Edison Co. for October 2022 electricity charges at multiple locations; a wire of $667.00 to Switch for the remote data hosting co-location; a wire of $77,138.51 to So. California Gas Co. for October 2022 gas charges at multiple locations; a wire of $8,405.75 to American Business Bank for J-2018-27 Pacific Hydrotech retention holdings; a check of $140,741.16 to ACWA-JPIA for December 2022 medical and dental premiums; a check of $58,652.09 to Kidman Gagen Law for October 2022 legal services; a check of $159,709.25 to Pacific Hydrotech Corporation for J-2018-27 Hidden Hills Booster Pump Station; a check of $247,308.27 to ACWA/JPIA for auto and general liability insurance for Fiscal Year 2022-23. Additionally: a check of $41,504.26 to City of Anaheim for October 2022 electrical services at various locations; a check for $76,587.07 to Cogsdale Service Corporation for CSM and GP Software renewal for 2023; a check of $284,327.50 to GCI Construction Inc. for J-2018-28 Stonehaven Water Main service. The balance of $416,709.86 are routine invoices. The Accounts Payable check register total is $2,025,411.48; Payroll No. 23 total is $339,291.43, and Payroll No. 24 total is $354,776.57; where disbursements for this agenda report total is $2,719,479.48. A summary of the disbursements is attached. ATTACHMENTS: 1. Cap Sheet for December 13, 2022 2. Check Register for November 22, 2022 3. Check Register for December 13, 2022 4. Credit Card for for December 13, 2022 Page 20 of 334 CHECK NUMBERS: 11/22/2022 Computer Checks 81021-81092 832,484.91$ 12/13/2022 Computer Checks 81102-81168 593,054.55 1,425,539.46$ WIRES: W110922 Southern Calif Edison Co.59,308.29$ W111522 Municipal Water District 454,352.47 W111522A Southern Calif Gas Co.77,138.51 W111522B Switch Ltd 667.00 W112322 American Business Bank 8,405.75 599,872.02$ 2,025,411.48$ PAYROLL NO. 23: Direct Deposits 210,299.62$ Payroll Taxes 55,145.45 EFT -- CalPERS 48,169.58 Third Party Checks 81017-81020 25,676.78 339,291.43$ PAYROLL NO. 22: Direct Deposits 218,070.48$ Payroll Taxes 60,559.87 EFT -- CalPERS 47,522.42 Third Party Checks 81093-81101 28,623.80 354,776.57$ 694,068.00$ 2,719,479.48$ ================================================================ MEETING OF DECEMBER 13, 2022 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD ================================================================ DISBURSEMENT TOTAL Summary of Disbursements December 13, 2022 ------------------------------------------------------------------------------------------------------------------ TOTAL OF CHECKS & WIRES TOTAL OF PAYROLL Page 21 of 334 Check No.Date Vendor Name Amount Description 81021 11/22/2022 PAUL FELD 94.41 CUSTOMER REFUND 81022 11/22/2022 SHARON JIMENEZ 47.10 CUSTOMER REFUND 81023 11/22/2022 SCOTT KIRBY 194.16 CUSTOMER REFUND 81024 11/22/2022 MATTHEW WILLIAMSON 88.60 CUSTOMER REFUND 81025 11/22/2022 ANASTASIA ALBERT 49.50 CUSTOMER REFUND 81026 11/22/2022 JAMES SANDO 32.82 CUSTOMER REFUND 81027 11/22/2022 XIAOHUI XU 157.46 CUSTOMER REFUND 81028 11/22/2022 IDEAL PROPERTY MANAGEMENT INC 181.84 CUSTOMER REFUND 81029 11/22/2022 PINNACLE INTL PROPERTY SERVICES 232.55 CUSTOMER REFUND 81030 11/22/2022 DANELLE RUSSO 115.62 CUSTOMER REFUND 81031 11/22/2022 JS LANTERN DISTRICT LLC 359.48 CUSTOMER REFUND 81032 11/22/2022 EUNICE LIM 151.62 CUSTOMER REFUND 81033 11/22/2022 RENOVATE PROPERTIES 436.83 CUSTOMER REFUND 81034 11/22/2022 STEPHANIE LI 75.35 CUSTOMER REFUND 81035 11/22/2022 SUNG KIM 2.26 CUSTOMER REFUND 81036 11/22/2022 ACWA/JPIA 140,741.16 MEDICAL & DENTAL PREMIUM DECEMBER 2022 81037 11/22/2022 Advanced Infrastructure 4,636.78 REPAIR OF WARTHOG 81038 11/22/2022 Albert A. Webb Associates 869.75 J09-22 #22 WELL 22 PROFESSIONAL SERVICES OCTOBER 2022 81039 11/22/2022 Alternative Hose Inc.130.65 PARTS FOR UNIT #241 81040 11/22/2022 Amazon Capital Services 10,728.64 J22-30,31,32,33,34 SECURITY MATERIALS & FACILITY ELECTRICAL SUPPLIES 81041 11/22/2022 Aramark 272.71 UNIFORM SERVICE 81042 11/22/2022 AT & T - Calnet3 2,866.98 ATT CALNET 81043 11/22/2022 B.L. Wallace Distributor, Inc.945.99 METER LIDS 81044 11/22/2022 BrightView Tree Care Services Inc.4,008.30 MONTHLY LANDSCAPE SERVICE 81045 11/22/2022 CB Technical 4,710.00 GIS & CMMS IT WORK AUGUST & SEPTEMBER 2022 81046 11/22/2022 City Of Placentia 9,979.52 SEWER COLLECTIONS - OCTOBER 2022 81047 11/22/2022 Climatec BTG 475.00 ON SITE AC SERVICES 81048 11/22/2022 ANN GERLETTE 56.67 CUSTOMER REFUND 81049 11/22/2022 deRose Promos 923.88 PROMOTIONAL ITEMS 81050 11/22/2022 Discount Tire Centers (Andonian Enterprises Inc.)1,327.35 TIRES FOR UNIT #211 & DISPOSAL CHARGE 81051 11/22/2022 Eisel Enterprises, Inc.7,169.69 J20-59 VALVE BOXES 81052 11/22/2022 EZAutomation 1,797.00 SCADA PARTS 81053 11/22/2022 G.M. Sager Construction Co., Inc.3,650.00 CONCRETE REPAIR FOR VARIOUS LOCATIONS 81054 11/22/2022 Haaker Equipment Co.5,481.00 SEWER CAMERA PARTS 81055 11/22/2022 Hach Company 429.75 WATER QUALITY WORK MATERIALS 81056 11/22/2022 Harrington Industrial 36.01 PARTS FOR CL2 SYSTEM 81057 11/22/2022 Infosend Inc.3,423.22 BILLING & POSTAGE CUSTOMER BILL 81058 11/22/2022 Kidman Gagen Law 58,652.09 LEGAL SERVICES - OCTOBER 2022 81059 11/22/2022 Kimball Midwest 804.10 MECHANIC SHOP SUPPLIES 81060 11/22/2022 LA Networks 10,373.52 EMERGENCY BROADCAST PHONE SYSTEMS SOFTWARE 81061 11/22/2022 Managed Health Network 180.00 EAP - NOVEMBER 2022 81062 11/22/2022 MAP Communications 941.01 AFTER HOURS PHONE SERVICE 81063 11/22/2022 Mc Fadden-Dale Hardware 163.37 PRODUCTION HARDWARE SUPPLIES 81064 11/22/2022 Minuteman Press 75.43 BUSINESS CARDS 81065 11/22/2022 Municipal Water District 26,480.00 J22-14, J22-45, J22-39 WATER LOSS CONTROL SHARED SERVICES 81066 11/22/2022 Myers Tire Supply 680.66 TIRE REPAIR PARTS 81067 11/22/2022 NatPay Online Business Solutions 28.05 DOCULIVERY - OCTOBER 2022 81068 11/22/2022 NextRequest Co.6,367.00 RECORDS MANAGEMENT SOFTWARE RENEWAL 12/22-11/23 81069 11/22/2022 Nickey Kard Lock Inc 9,531.38 FUEL 10/15/22-10/31/22 81070 11/22/2022 Orange County - Tax Collector 248.00 OCSD RADIO CHARGE 81071 11/22/2022 Pacific Hydrotech Corporation 159,709.25 J18-27 HIDDEN HILLS BOOSTER PUMP STATION SERVICE 81072 11/22/2022 Pillsbury Winthrop Shaw Pittman LLP 2,827.50 EMPLOYEE BENEFITS ADVICE 81073 11/22/2022 Precision Aerial Services, Inc 596.56 SENSOR FOR UNIT #235 81074 11/22/2022 Psomas & Associates 21,178.50 J21-36 PROFESSIONAL SERVICES OCTOBER 2022 81075 11/22/2022 Transene Company Inc.537.05 PRODUCTION MATERIAL 81076 11/22/2022 Shred Confidential, Inc.79.88 MONTHLY SHRED SERVICE 81077 11/22/2022 Sophia Phuong 28.00 CONFERENCE PARKING REIMBURSEMENT 81078 11/22/2022 South Coast AQMD 620.61 EMISSIONS FEE 81079 11/22/2022 Rachel Padilla/Petty Cash 18.50 TRAINING SUPPLIES & MEAL 81080 11/22/2022 Stradling,Yocca,Carlson&Rauth 803.00 PROFESSIONAL SERVICES - BOND MATTERS 81081 11/22/2022 Sunrise Medical Group 145.00 EMPLOYEE PHYSICALS 81082 11/22/2022 The Bee Man 195.00 COLONY ABATEMENT 81083 11/22/2022 Townsend Public Affairs, Inc.5,000.00 CONSULTING SERVICES - NOVEMBER 2022 81084 11/22/2022 Tunnelworks Services Inc.27,700.00 SEWER LINE REPAIRS - VARIOUS LOCATIONS For Checks Dated: 11/16/2022 thru 11/22/2022 Yorba Linda Water District Check Register Page 22 of 334 81085 11/22/2022 Underground Service Alert 558.74 NEW TICKET CHARGES & CA STATE FEE 81086 11/22/2022 UNUM Life Insurance Co. of America 10,069.26 LIFE,AD&D,STD&LTD -NOVEMBER & DECEMBER 2022 81087 11/22/2022 United Water Works, Inc.29,168.54 OPERATIONS WORK MATERIAL 81088 11/22/2022 West Coast Energy Systems LLC 1,377.50 GENERATOR TRAINING 81089 11/22/2022 West Coast Batteries Inc 438.36 BATTERY FOR UNIT #232 81090 11/22/2022 YO Fire 2,679.13 OPERATIONS WORK MATERIAL 81091 11/22/2022 Maggie Powell 42.00 CONFERENCE PARKING REIMBURSEMENT 81092 11/22/2022 ACWA/JPIA 247,308.27 AUTO & GENERAL LIABILITY INSURANCE 10/22-9/23 W110922 11/09/2022 Southern Calif Edison Co.59,308.29 ELECTRICITY CHARGES - OCTOBER 2022 VARIOUS LOCATIONS W111522 11/15/2022 Municipal Water District 454,352.47 WATER DELIVERIES - SEPTEMBER 2022 W111522A 11/15/2022 Southern Calif Gas Co.77,138.51 GAS CHARGES - OCTOBER 2022 VARIOUS LOCATIONS W111522B 11/15/2022 Switch Ltd 667.00 DATA HOSTING CO-LOCATION W112322 11/23/2022 American Business Bank 8,405.75 PACIFIC HYDROTECH RETENTION ESCROW HOLDINGS 1,423,951.18 11/10/2022 PAYROLL - EMPLOYEE DIRECT DEPOSIT 210,299.62 11/10/2022 PAYROLL - PAYROLL TAX PAYMENT 55,145.45 11/10/2022 PAYROLL - CALPERS & TASC 48,169.58 81017 11/10/2022 California State Disbursement Unit 751.84 81018 11/10/2022 Colonial Life & Accident 86.73 81019 11/10/2022 Lincoln Financial Group 3,623.91 81020 11/10/2022 Nationwide Retirement Solutions 21,214.30 339,291.43 Payroll Checks #23 Page 23 of 334 Check No.Date Vendor Name Amount Description 81102 12/13/2022 PATTI JIMINEZ 46.35 CUSTOMER REFUND 81103 12/13/2022 ADA JANE TIPTON 1.35 CUSTOMER REFUND 81104 12/13/2022 C & C CONSTRUCTION 524.35 CUSTOMER REFUND 81105 12/13/2022 SKC INVESTMENT LLC 463.70 CUSTOMER REFUND 81106 12/13/2022 EUNJUNG SHIN 127.20 CUSTOMER REFUND 81107 12/13/2022 STACEY RAMSEY 12.07 CUSTOMER REFUND 81108 12/13/2022 VIA DEL RIO LLC 362.48 CUSTOMER REFUND 81109 12/13/2022 AD FIDUCIARY LLC 422.88 CUSTOMER REFUND 81110 12/13/2022 AIRGAS INC 422.63 WELDING SUPPLIES 81111 12/13/2022 Amazon Capital Services 2,046.37 OFFICE SUPPLIES & SECURITY CAMERA 81112 12/13/2022 Aqua-Metric Sales Co.2,323.28 OPERATIONS WORK MATERIAL 81113 12/13/2022 Aramark 796.04 UNIFORM SERVICE 81114 12/13/2022 Archie's Towing 200.00 TOWING FEES 81115 12/13/2022 Backflow Apparatus & Valve Co., Inc 1,147.95 BACKFLOW MATERIAL 81116 12/13/2022 Backflow Apparatus & Valve Co., Inc 35.06 BACKFLOW MATERIAL 81117 12/13/2022 BrightView Tree Care Services Inc.1,202.00 MONTHLY LANDSCAPE SERVICE 81118 12/13/2022 CalCard US Bank 34,084.73 CREDIT CARD TRANSACTIONS - OCTOBER 2022 81119 12/13/2022 CDW Government, Inc 819.41 HP COLOR PRINTER 81120 12/13/2022 Certified Laboratories 1,678.64 LOK-CEASE FOR HYDRANTS 81121 12/13/2022 CIPO CLOUD SOFTWARE INC 650.00 CLOUD MONTHLY SUBSCRIPTION 81122 12/13/2022 City Of Anaheim - Anaheim Public Utilities 41,504.26 ELECTRICAL CHARGES OCTOBER 2022 - VARIOUS LOCATIONS 81123 12/13/2022 Griswold Industries dba Cla-Val Co.3,347.33 CLA-VAL FOR WELL #1 81124 12/13/2022 Cogsdale Services Corporation 76,587.07 CSM & GP SOFTWARE RENEWAL 1/23-12/23 81125 12/13/2022 Culligan of Santa Ana 2,196.55 EQUIPMENT PE SOFTENER 81126 12/13/2022 C. Wells Pipeline 761.25 HYDRANT PARTS 81127 12/13/2022 Dell Financial Services LLC 1,391.75 DELL LAPTOP 81128 12/13/2022 Discount Tire Centers (Andonian Enterprises Inc.)859.03 TIRES FOR UNIT #198 81129 12/13/2022 Dunn-Edwards Corporation 59.68 PAINT SUPPLIES FOR FACILITIES 81130 12/13/2022 E. H. Wachs Company 1,311.84 PART FOR UNIT#195 81131 12/13/2022 Elite Equipment Inc 577.29 WATER OPERATIONS TOOLS 81132 12/13/2022 Energy Environmental Soln, Inc 2,650.00 ICE TESTING FOR WELL #7 81133 12/13/2022 Factory Motor Parts 131.77 J22-30 LITTLE CANYON MATERIAL & MECHANIC SHOP SUPPLIES 81134 12/13/2022 GCI Construction Inc.284,327.50 J18-28 STONEHAVEN WATER MAIN SERVICE 81135 12/13/2022 Georgina Knight 142.57 CONFERENCE EXPENSE REIMBURSEMENT 81136 12/13/2022 Haaker Equipment Co.14,536.27 PARTS FOR UNIT #241 81137 12/13/2022 Hach Company 1,803.30 WATER QUALITY WORK MATERIALS 81138 12/13/2022 Harrington Industrial 4,273.80 PARTS FOR CL2 SYSTEM & PRODUCTION REPAIR PARTS 81139 12/13/2022 Infosend Inc.4,052.50 BILLING & POSTAGE CUSTOMER BILL 81140 12/13/2022 Jackson's Auto Supply - Napa 125.57 J22-30 LITTLE CANYON MATERIAL & MECHANIC SHOP SUPPLIES 81141 12/13/2022 Killingsworth Gear 2,965.00 WELL #18 SERVICE 81142 12/13/2022 Lance, Soll & Lunghard LLP 3,555.00 J22-09 AUDIT SERVICES 81143 12/13/2022 Leighton Consulting, Inc.3,769.91 J18-28 PROFESSIONAL SERVICES OCTOBER 2022 81144 12/13/2022 Mc Fadden-Dale Hardware 494.65 PRODUCTION HARDWARE SUPPLIES & TOOLS FOR OPERATIONS 81145 12/13/2022 Mc Master-Carr Supply Co.238.66 SCADA MATERIALS 81146 12/13/2022 Michael K. Nunley & Associates 18,378.05 J21-32 PROFESSIONAL SERVICES OCTOBER 22 81147 12/13/2022 Nickey Kard Lock Inc 9,168.14 FUEL 11/1/22-11/15/22 81148 12/13/2022 Office Solutions 516.28 OFFICE SUPPLIES 81149 12/13/2022 Orkin Pest Control 458.00 PEST CONTROL 81150 12/13/2022 Plumbers Depot Inc.265.47 SEWER CLEANING TOOLS 81151 12/13/2022 Linde Gas & Equipment Inc.198.99 WELDING SUPPLIES 81152 12/13/2022 P.T.I. Sand & Gravel, Inc.3,031.22 ROAD MATERIAL 81153 12/13/2022 Quinn Company 4,540.05 STATIONARY ENGINE PARTS 81154 12/13/2022 Raftelis Financial Consultants, Inc.1,777.50 PROFESSIONAL SERVICES OCTOBER 2022 81155 12/13/2022 Siemens Industry 4,825.89 SCADA MATERIALS 81156 12/13/2022 Steve Clayton 282.75 PAINT SUPPLIES & REPAIR PARTS FOR FACILITIES - REIMBURSEMENT 81157 12/13/2022 Step Saver Inc 5,246.41 SALT FOR CL2 SYSTEM 81158 12/13/2022 Tetra Tech, Inc.10,688.00 J20-46 & J20-37 PROFESSIONAL SERVICES SEPTEMBER 2022 81159 12/13/2022 United Industries 593.52 OPERATIONS PPE 81160 12/13/2022 U.S. Energy Recovery, LLC 5,799.64 FACILITIES LIGHTS 81161 12/13/2022 United Water Works, Inc.13,646.49 OPERATIONS WORK MATERIAL 81162 12/13/2022 Vision Service Plan 2,535.66 VISION SERVICE PLAN - DECEMBER 2022 81163 12/13/2022 Westside Building Material 288.65 PAINTING SUPPLIES 81164 12/13/2022 West Coast Batteries Inc 2,336.49 J22-30 LITTLE CANYON MATERIAL 81165 12/13/2022 WIENHOFF DRUG TESTING 2,040.00 ANNUAL DOT CONSORTIUM MEMBERSHIP For Checks Dated: 11/23/2022 thru 12/13/2022 Yorba Linda Water District Check Register Page 24 of 334 81166 12/13/2022 YO Fire 5,556.42 OPERATIONS WORK MATERIAL 81167 12/13/2022 Konica Minolta Business 1,227.46 COPY CHARGES FOR C258 & C558 81168 12/13/2022 Safety-Kleen Systems Inc 624.43 HAZARDOUS MATERIAL DISPOSAL 593,054.55 11/23/2022 PAYROLL - EMPLOYEE DIRECT DEPOSIT 218,070.48 11/23/2022 PAYROLL - PAYROLL TAX PAYMENT 60,559.87 11/23/2022 PAYROLL - CALPERS & TASC 47,522.42 81093 11/23/2022 Allstate 932.12 81094 11/23/2022 Ameritas 1,395.15 81095 11/23/2022 California State Disbursement Unit 751.84 81096 11/23/2022 Colonial Life & Accident 86.73 81097 11/23/2022 Lincoln Financial Group 3,623.91 81098 11/23/2022 Midland Life Insurance 200.00 81099 11/23/2022 Nationwide Retirement Solutions 20,937.82 81100 11/23/2022 Reliance Plan Insurance 39.01 81101 11/23/2022 State of CA - Franchise Tax Board 657.22 354,776.57 Payroll Checks #24 Page 25 of 334 Vendor Name Amount Description The Filling Station 40.24 LUNCH MEETING - 3 ATTEND Schorr Metals, Inc.47.52 METAL FOR BRYANT RANCH GATE REPAIR Home Depot 8.31 ELECTRICAL SUPPLIES Home Depot 72.63 MECHANIC SHOP SUPPLIES Home Depot 144.35 Facilities Electrical Supplies Harbor Freight Tools 77.48 TOOLS FOR WATER OPERATIONS Dollar Tree 17.51 SUPPLIES FOR OPEN HOUSE EVENT Smart & Final 72.55 SUPPLIES FOR OPEN HOUSE EVENT Verizon Wireless 5,146.47 VERIZON 8/21-9/20 Alliant Insurance Services, Inc.456.00 EVENT INSURANCE - OPEN HOUSE AWWA 57.50 WATER QUALITY MANUAL Priceline.com 345.47 CALPELRA CONFERENCE EXPENSE - KNIGHT, G Amazon Capital Services 41.17 OFFICE SUPPLIES Amazon Capital Services 73.39 SUPPLIES FOR OPEN HOUSE EVENT Sams Club 59.60 SUPPLIES FOR OPEN HOUSE EVENT Time Warner Cable 659.58 INTERNET & DISTRICT TV SERVICES Home Depot 60.07 SEWER CLEANING SUPPLIES Farmer Boys 81.06 MEAL FOR TRAINING CLASS Sticker Mule, LLC 167.00 SUPPLIES FOR OPEN HOUSE EVENT RV Nursery Inc 80.00 SUPPLIES FOR OPEN HOUSE EVENT Cobra Solutions, Inc 445.00 COBRA SOFTWARE RENEWAL R.E. Michel Company, LLC 61.07 A/C REPAIR PARTS ZOOM 84.97 VIRTUAL MEETING SUBSCRIPTION SMARTSHEET 19.00 MONTHLY SOFTWARE SUBSCRIPTION Farmer Boys 45.21 SAFETY MEETING SUPPLIES AutoZone 65.67 CLEANING SUPPLIES Adobe 54.99 SOFTWARE LICENSE Republic Services #676 739.45 DISPOSAL SERVICE ONLINE Information Services, Inc.485.99 ONLINE UTILITY EXCHANGE & COLLECTION Cal-OSHA Reporter 96.00 SAFETY TRAINING CARDS City Of Placentia 460.00 ENCROACHMENT PERMIT Alternative Hose Inc.69.17 COOLANT HOSE FOR WELL #18 Home Depot 287.79 J22-30 & J22-33 CEMENT WORK SUPPLIES Home Depot 139.86 SOD FOR LANDSCAPE REPAIR Home Depot 83.92 SOD FOR LANDSCAPE REPAIR Home Depot 22.53 PRODUCTION HARDWARE SUPPLIES Sams Club 189.11 SUPPLIES FOR OPEN HOUSE EVENT Jimmy Johns 82.50 FOOD FOR STAFF WORKING OT Face Painting by Tiffany 369.00 SERVICE FOR OPEN HOUSE EVENT Starbucks Store 40.00 SUPPLIES FOR OPEN HOUSE EVENT Flappy Jacks 56.05 LUNCH MEETING - 3 ATTEND SabrePC 396.05 Video device for Boardroom Home Depot 558.60 J22-30 & J22-33 CEMENT WORK SUPPLIES Buffer, Inc 24.00 SOCIAL MEDIA MANAGEMENT TOOL Cortina's Orange 25.98 LUNCH MEETING - 2 ATTEND Craftsman Wood Fired Pizza 35.61 LUNCH MEETING - 2 ATTEND Bitwarden Inc.180.00 PASSWORD PROGRAM Costco 113.96 TRAINING MEETING SUPPLIES Home Depot 19.08 TOOLS FOR FACILITIES Home Depot 41.80 TOOLS FOR PRODUCTION Maggiano's 158.05 LUNCH MEETING - 5 ATTEND Sheraton Grand Hotel 243.07 LODGING FOR CONFERENCE - PHUONG, S Brown And Caldwell 200.00 JOB POSTING - SAFETY ANALYST KENNYS DONUTS 18.45 SAFETY MEETING SUPPLIES KENNYS DONUTS 74.85 SAFETY MEETING SUPPLIES SiteOne Landscape Supply 77.55 SHOVELS Home Depot 53.73 TOOLS FOR LEAK CREW Time Warner Cable 226.48 INTERNET & DISTRICT TV SERVICES Institute of Certified Record Managers 200.00 MEMBERSHIP DUES - ARAMBARRI, T Visser's Floral & Greenhouses 74.33 OFFICE EXPENSE Home Depot 277.51 J22-31 BOOM LIFT RENTAL Home Depot 240.44 J22-31 SPRINGVIEW MATERIALS Home Depot 210.95 J22-41 WELL #7 MATERIALS Orvac Electronics 75.78 Facilities Electrical Supplies Farmer Boys 48.00 LUNCH FOR INTERVIEW PANEL 13-Dec-22 Cal Card Credit Card U S Bank Page 26 of 334 Costco 81.72 TRAINING MEETING SUPPLIES Foundation Building Materials 142.28 WINDOW BLINDS Home Depot 172.83 J22-30 MATERIAL FOR LITTLE CANYON ROLLABELS 52.05 LABELS FOR ROLLED DRAWINGS TRANSITTALENT.COM 175.00 JOB POSTING - SAFETY ANALYST Schorr Metals, Inc.38.99 METAL FOR BRYANT RANCH GATE REPAIR Schorr Metals, Inc.81.26 METAL TUBING FOR BRYANT RANCH Costco 391.35 BREAKROOM SUPPLIES Home Depot 21.46 TOOLS FOR OPERATIONS Carl's Jr Restaurant 74.93 FOOD FOR STAFF WORKING OT IN-N-OUT RESTAURANTS 32.33 FOOD FOR STAFF WORKING OT Farmer Boys 31.22 FOOD FOR STAFF WORKING OT Time Warner Cable 232.11 INTERNET & DISTRICT TV SERVICES BLICK ART MATERIAL 14.00 OFFICE SUPPLIES Everblooming Floral & Gift 121.00 OFFICE EXPENSE Time Warner Cable 2,038.04 INTERNET & DISTRICT TV SERVICES U S Postmaster 374.00 PO BOX ANNUAL FEE Farmer Boys 17.11 J22-12 FOOD FOR STAFF WORKING OT Far East Garden 10.51 J22-12 FOOD FOR STAFF WORKING OT Far East Garden 14.78 J22-12 FOOD FOR STAFF WORKING OT UTILITY PRO 369.95 OPERATIONS PPE Orchids Little Secret 104.78 OFFICE EXPENSE Pro Photo Connection 159.99 PROJECTOR RENTAL Verizon Wireless 5,303.78 VERIZON 9/21-10/20 GovernmentJobs.com Inc. DBA NEOGOV 7,189.48 NEOGOV INSIGHT SUBSCRIPTION RENEWAL Del Taco 17.27 J22-12 FOOD FOR STAFF WORKING OT Liebert Cassidy Whitmore 75.00 WORKSHOP REGISTRATION - LIM, V Costco 846.43 OFFICE EXPENSE - MONITOR SSL Guru 179.00 SECURITY CERTIFICATES Smart & Final 30.25 BREAKROOM SUPPLIES Del Taco 13.04 J22-12 FOOD FOR STAFF WORKING OT Chipotle Mexican Grill 13.58 J22-12 FOOD FOR STAFF WORKING OT Home Depot 88.54 J22-33 MATERIAL FOR GARDENIA Liebert Cassidy Whitmore 100.00 WORKSHOP REGISTRATION - KNIGHT, G KENNYS DONUTS 54.95 SAFETY MEETING SUPPLIES Universal Air Filter Company 207.90 AIR FILTERS FOR PRODUCTION Universal Air Filter Company 34.37 AIR FILTERS FOR PRODUCTION 34,084.73 Page 27 of 334 ITEM NO. 10.5. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo SUBJECT: Budget to Actual Statements for Month Ended October 31, 2022 RECOMMENDATION: That the Board of Directors receive and file the Budget to Actual Statements for the Month Ended October 31, 2022. BACKGROUND: For the month ending October 31, 2022, staff is presenting Budget to Actual Reports for the District as a whole, as well as the individual water and sewer funds. Cumulative Volumetric Water Revenue, as reported for the month ending October 31, 2022, reflects an average increase of approximately 1% as compared to the prior year for the same reporting period. Total Variable Costs results, as reported through the month ending October 31, 2022, reflect a decrease of approximately 28% when compared to prior year results for the same reporting period. With the completion of the PFAS Treatment Plant, the decrease in costs is the direct result of the District having returned to its traditional operating plan where a vast percentage of the water source to meet demand on the water system comes from the groundwater basin. ATTACHMENTS: 1. Budget to Actual Statements and Related Reports for October 2022 Page 28 of 334 Yorba Linda Water District Summary Financial Report Water & Sewer Funds For Period Ending October 31, 2022 Annual YTD Oct YTD YTD Actual Prior Year Prior Year YTD Actual YTD Actual Budget Budget Actual Actual (Under) Over Oct Actual Actual (thru vs vs FY23 FY23 FY23 FY23 YTD Budget FY22 October 2021) PY Actual $ PY Actual % Revenue (Operating): Water Revenue (Residential) $16,933,387 $7,044,289 $1,454,324 6,397,300$ (646,989)$ $1,411,616 6,349,264$ 48,036 0.76% Water Revenue (Commercial & Fire Det.) 1,737,255 $722,698 151,421 639,178 (83,520) 142,802 627,923 11,255 1.79% Water Revenue (Landscape/Irrigation) 4,046,832 $1,683,482 422,547 1,764,015 80,533 382,364 1,758,294 5,721 0.33% Water Revenue (Service Charge) 14,720,797 $4,906,932 1,226,525 4,806,421 (100,511) 1,124,810 4,347,981 458,440 10.54% Water Revenue (PFAS Impact Fee) - - - - - 148,148 592,762 (592,762) 100.00% Property Taxes - CFC Charges 3,103,900 - 2,983 7,129 7,129 391,298 391,298 (384,169) 100.00% Sewer Charge Revenue 3,115,771 $1,038,590 260,098 1,028,022 (10,568) 238,904 949,181 78,841 8.31% Locke Ranch Assessments 363,158 - 470 851 851 106 3,221 (2,370) Other Operating Revenue 1,287,829 429,276 152,122 582,415 153,139 101,192 373,766 208,649 55.82% Total Operating Revenue: 45,308,929 15,825,268 3,670,490 15,225,331 (599,937) 3,941,240 15,393,690 (168,359) -1.09% Revenue (Non-Operating): Interest 106,925 35,642 143,169 185,597 149,955 24,023 36,351 149,246 410.57% Property Tax 2,095,000 - 13,795 51,434 51,434 5,413 44,324 7,110 Other Non-Operating Revenue 692,942 230,981 83,158 664,056 433,075 21,331 162,034 502,022 309.83% Total Non-Operating Revenue: 2,894,867 266,622 240,122 901,087 634,465 50,767 242,709 658,378 271.26% Total Revenue 48,203,796 16,091,891 3,910,612 16,126,418 34,527 3,992,007 15,636,399 490,019 3.13% Expenses (Operating):13,252 Variable Water Costs (G.W., Import & Powe 17,686,074 5,895,358 1,569,860 6,478,489 583,131 1,929,318 9,021,374 (2,542,885) -28.19% Salary Related Expenses 13,231,809 4,071,326 880,304 3,695,963 (375,363) 878,405 3,488,357 207,606 5.95% Supplies & Services 9,258,295 3,086,098 679,156 2,546,734 (539,364) 514,058 1,697,961 848,773 49.99% Total Operating Expenses 40,176,178 13,052,782 3,129,320 12,721,186 (331,596) 3,321,781 14,207,692 (1,486,506) -10.46% Expenses (Non-Operating): Interest on Long Term Debt 2,436,750 812,250 192,344 694,356 (117,894) 101,395 421,187 273,170 64.86% Other Expense 18,135 6,045 139,849 443,388 437,343 (7,926) 93,762 349,626 372.89% Total Non-Operating Expenses: 2,454,885 818,295 332,193 1,137,744 319,449 93,469 514,949 622,796 120.94% Total Expenses 42,631,063 13,871,077 3,461,513 13,858,931 (12,147) 3,415,250 14,722,641 (863,711) -5.87% Net Position Before Capital Contributions 5,572,733 2,220,813 449,099 2,267,487 46,675 576,757 913,759 1,353,729 148.15% Capital Contributions (Non-Cash - - - - - - 8,966 (8,966) Transaction GASB 34 Compliant) Net Position Before Depreciation 5,572,733 2,220,813 449,099 2,267,487 46,675 576,757 922,725 1,344,763 145.74% Depreciation & Amortization 9,500,000 3,166,667 657,696 2,630,785 (535,882) 730,804 2,923,216 (292,431) -10.00% Total Net Position ($3,927,267) ($945,853) (208,597) (363,298) $582,556 ($154,047) ($2,000,492) $1,637,194 -81.84% (With October 31, 2021 for comparison purposes) Page 29 of 334 Annual YTD Oct YTD YTD Actual Prior Year Prior YTD YTD Actual YTD - CUR Budget Budget Actual Actual (Under)Over Actual Oct Actual (thru vs vs FY23 FY23 FY23 FY23 YTD Budget FY22 October 2021) PY Actual $ PY Actual % Revenue (Operating): Water Revenue (Residential) 16,933,387$ $7,044,289 1,454,324$ 6,397,300$ (646,989)$ 1,411,616$ 6,349,264$ 48,036$ 1% Water Revenue (Commercial & Fire Det.) 1,737,255 $722,698 151,421 639,178 (83,520) 142,802 627,923 11,255 2% Water Revenue (Landscape/Irrigation) 4,046,832 $1,683,482 422,547 1,764,015 80,533 382,364 1,758,294 5,721 0% Water Revenue (Service Charge) 14,720,797 4,906,932 1,226,525 4,806,421 (100,511) 1,124,810 4,347,981 458,440 11% Water Revenue (PFAS Impact Fee) - - - - - 148,148 592,762 (592,762) -100% Water Revenue (CFC) 3,103,900 - 2,983 7,129 7,129 391,298 391,298 (384,169) -98% Other Operating Revenue 1,171,574 390,525 148,055 537,789 147,264 73,699 305,232 232,557 76% Total Operating Revenue: 41,713,745 $14,747,926 3,405,855 14,151,832 (596,094) 3,674,737 14,372,754 (220,922) -2% Revenue (Non-Operating): Interest 70,200 23,400 119,068 139,575 116,175 19,060 23,852 115,723 485% Property Tax 2,095,000 - 13,795 51,434 51,434 5,412 44,324 7,110 16% Other Non-Operating Revenue 659,672 219,891 80,558 600,808 380,917 5,244 131,147 469,661 358% Total Non-Operating Revenue: 2,824,872 243,291 213,421 791,817 548,527 29,716 199,323 592,494 297% Total Revenue 44,538,617 14,991,217 3,619,276 14,943,649 (47,568) 3,704,453 14,572,077 371,572 3% Expenses (Operating): Variable Water Costs (G.W., Import & Power) 17,686,074 5,895,358 1,569,860 6,478,488 583,130 1,929,318 9,021,374 (2,542,886) -28% Salary Related Expenses 11,359,392 3,495,198 741,513 3,124,815 (370,383) 745,477 2,984,745 140,070 5% Supplies & Services: Communications 166,307 55,436 6,264 83,302 27,866 5,958 36,929 46,373 126% Contractual Services 541,358 180,453 39,558 206,385 25,932 50,989 161,510 44,875 28% Data Processing 361,462 120,487 24,395 113,894 (6,593) 16,229 49,579 64,315 130% Dues & Memberships 82,932 27,644 36,716 47,685 20,041 34,412 53,611 (5,926) -11% Fees & Permits 416,062 138,687 27,748 94,831 (43,856) 23,329 98,079 (3,248) -3% Board Election 116,450 38,817 - - (38,817) - - - 0% Insurance 369,402 123,134 9,565 77,740 (45,394) 21,625 85,600 (7,860) -9% Materials 2,313,020 771,007 98,931 390,569 (380,438) 63,831 232,457 158,112 68% District Activities, Emp Recognition 38,677 12,892 5,814 13,170 278 4,627 8,803 4,367 50% Maintenance 1,122,055 374,018 13,947 327,703 (46,315) 124,371 283,776 43,927 15% Non-Capital Equipment 151,105 50,368 29,123 77,126 26,758 5,213 29,928 47,198 158% Office Expense 35,956 11,985 1,273 10,034 (1,951) 4,358 11,317 (1,283) -11% Professional Services 1,560,430 520,143 155,206 362,010 (158,133) 42,187 255,890 106,120 41% Training 69,748 23,249 2,292 12,792 (10,457) 4,762 6,929 5,863 85% Travel & Conferences 85,199 28,400 3,332 9,500 (18,900) 680 2,727 6,773 0% Uncollectible Accounts 8,500 2,833 (281) 3,863 1,030 1,081 1,954 1,909 98% Utilities 190,400 63,467 113,524 127,002 63,535 11,044 51,587 75,415 146% Vehicle Equipment 473,350 157,783 37,317 266,324 108,541 21,853 77,783 188,542 242% Supplies & Services Sub-Total 8,102,413 2,700,804 604,724 2,223,930 (476,874) 436,549 1,448,459 775,471 54% Total Operating Expenses 37,147,879 12,091,360 2,916,097 11,827,233 (264,127) 3,111,344 13,454,578 (1,627,345) -12% Expenses (Non-Operating): Interest on Long Term Debt 2,436,750 812,250 192,344 694,356 (117,894) 101,395 421,187 273,169 65% Other Expense 12,350 4,117 134,061 402,191 398,074 (13,647) 10,941 391,250 3576% Total Non-Operating Expenses: 2,449,100 816,367 326,405 1,096,547 280,180 87,748 432,128 664,419 154% Total Expenses 39,596,979 12,907,727 3,242,502 12,923,780 16,053 3,199,092 13,886,706 (962,926) -7% Net Position Before Capital Contributions 4,941,638 2,083,490 376,774 2,019,869 (63,621) 505,361 685,371 1,334,498 195% Capital Contributions (Non-Cash Transaction - - - - - - - 8,966 (8,966) 896600% GASB 34 Compliant) Net Position Before Depreciation 4,941,638 2,083,490 376,774 2,019,869 (63,621) 505,361 694,337 1,325,532 191% Depreciation & Amortization 8,005,000 2,668,333 532,315 2,129,260 (539,073) 606,903 2,427,612 (298,352) -12% Total Net Position (3,063,362)$ (584,843)$ (155,541)$ (109,391) 475,452$ (101,542)$ (1,733,275)$ 1,623,884$ -94% Yorba Linda Water District Water Fund For Period Ending October 31, 2022 (With October 31, 2021 for comparison purposes) YTD Only Page 30 of 334 $13,063,541  $13,723,114 $13,619,525  $14,572,077  $14,943,649  $10,555,199  $10,851,943  $10,691,768  $13,886,706  $12,923,780   $‐  $2,000,000  $4,000,000  $6,000,000  $8,000,000  $10,000,000  $12,000,000  $14,000,000  $16,000,000 Oct. 2018 Oct. 2019 Oct. 2020 Oct. 2021 Oct. 2022 Water  Revenues & Expenses ‐October (excludes Depreciation, Special Items, and Contributed Capital )      Total Revenue      Total Expenses Page 31 of 334 1,460,113 1,505,340 1,358,893 1,340,186  1,143,948  1,518,953  939,601  1,019,271  788,116  1,200,582  1,311,137  1,370,194  1,671,801 1,729,514 1,512,043 1,307,477  981,384 1,019,234  657,883  460,667  590,007  945,974  1,132,782  1,305,692  1,660,561 1,492,928 1,435,706 1,361,053  1,100,471  1,058,481  772,447  1,367,226  1,231,436  1,286,293  2,065,064 2,084,721  1,469,440 1,556,303 1,448,941 1,392,832  1,103,786  1,636,877  915,454  1,372,040  1,494,768  1,898,999  2,093,627  2,249,247  2,412,958 2,439,092 2,240,006 1,929,318  1,805,038  1,306,610  1,789,071  1,254,568  1,185,077  1,306,798  1,451,208  1,459,682  1,603,595 1,718,486 1,586,479 1,569,860  0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 Jul Aug Sept Oct Nov Dec Jan Feb Mar April May June 5‐Year  Variable  Costs Analysis  FY18 Var Costs FY19 Var Costs FY20 Var Costs FY21 Var Costs FY22 Var Costs FY23 Variable Cost Page 32 of 334 Annual YTD Oct YTD YTD Actual Prior Year Prior Year YTD Actual YTD - CUR Budget Budget Actual Actual (Under)Over Actual Oct Actual (thru vs vs FY23 FY23 FY23 FY23 YTD Budget FY22 October 2021) PY Actual $ PY Actual % Revenue (Operating): Sewer Charge Revenue $3,115,771 $1,038,590 $260,098 1,028,022$ ($10,568) $238,904 949,181$ $78,841 8.31% Locke Ranch Assessments 363,158 - 470 851 851 106 3,221 (2,370) 0.00% Other Operating Revenue 116,255 38,752 4,066 44,625 5,873 27,492 68,534 (23,909) -34.89% Total Operating Revenue: 3,595,184 1,077,342 264,634 1,073,498 (3,844) 266,502 1,020,936 52,562 5.15% Revenue (Non-Operating): Interest 36,725 12,242 24,101 46,023 33,781 4,964 12,499 33,524 268.21% Other Non-Operating Revenue 33,270 11,090 2,600 63,249 52,159 16,087 30,887 32,362 104.78% Total Non-Operating Revenue: 69,995 23,332 26,701 109,272 85,940 21,051 43,386 65,886 151.86% Total Revenue 3,665,179 1,100,674 291,335 1,182,770$ 82,096 287,553 1,064,322 118,448 11.13% Expenses (Operating): Salary Related Expenses 1,872,417 576,128 138,791 571,149 (4,979) 132,928 503,611 67,538 13.41% Supplies & Services: Communications 26,693 8,898 1,105 7,314 (1,584) 1,051 8,337 (1,023) -12.27% Contractual Services 78,681 26,227 6,688 30,323 4,096 6,899 23,401 6,922 29.58% Data Processing 55,152 18,384 3,902 18,488 104 2,864 9,049 9,439 104.31% Dues & Memberships 14,590 4,863 6,479 8,415 3,552 6,073 9,461 (1,046) -11.06% Fees & Permits 51,928 17,309 3,025 14,236 (3,073) (863) 8,721 5,515 63.24% Board Election 20,550 6,850 - - (6,850) - - 0.00% Insurance 65,188 21,729 1,688 13,718 (8,011) 3,816 15,106 (1,388) -9.19% Materials 64,280 21,427 841 27,229 5,802 1,093 8,515 18,714 219.78% District Activities, Emp Recognition 6,823 2,274 1,026 2,324 50 816 1,547 777 50.23% Maintenance 405,845 135,282 9,380 80,480 (54,802) 32,659 61,613 18,867 0.00% Non-Capital Equipment 60,195 20,065 12,029 31,227 11,162 1,414 8,733 22,494 257.57% Office Expense 6,344 2,115 225 1,771 (344) 769 1,997 (226) -11.32% Professional Services 168,330 56,110 10,549 42,112 (13,998) 10,306 64,481 (22,369) -34.69% Training 13,402 4,467 82 6,946 2,479 3,852 4,360 2,586 59.31% Travel & Conferences 17,581 5,860 588 1,677 (4,183) 120 (420) 2,097 0.00% Uncollectible Accounts 1,500 500 (95) 1,180 680 321 614 566 92.18% Utilities 33,600 11,200 1,292 3,670 (7,530) 1,949 9,104 (5,434) -59.69% Vehicle Equipment 65,200 21,733 15,628 31,697 9,964 4,371 14,885 16,812 112.95% Supplies & Services Sub-Total 1,155,882 385,294 74,432 322,807 (62,487) 77,510 249,504 73,303 29.38% Total Operating Expenses 3,028,299 961,422 213,223 893,956 (67,466) 210,438 753,115 140,841 18.70% Expenses (Non-Operating): Other Expense 5,785 1,928 5,788 41,197 39,269 5,721 82,820 (41,623) - Total Non-Operating Expenses: 5,785 1,928 5,788 41,197 39,269 5,721 82,820 (41,623) - Total Expenses 3,034,084 963,351 219,011 935,153 (28,198) 216,159 835,935 99,218 11.87% Net Position Before Capital Contributions 631,095 137,323 72,324 247,617 110,294 71,394 228,387 19,230 8.42% Capital Contributions (Non-Cash Transaction - - - - - - - - - - GASB 34 Compliant) Net Position Before Depreciation 631,095 137,323 72,324 247,617 110,294 71,394 228,387 19,230 8.42% Depreciation & Amortization 1,495,000 498,333 125,381 501,525 3,192 123,901 495,604 5,921 1.19% Total Net Position (863,905) (361,010) (53,057) (253,908) 107,102 (52,507) (267,217) 13,309 4.98% Yorba Linda Water District Sewer Fund For Period Ending October 31, 2022 (With October 31, 2021 for comparison purposes) Page 33 of 334 $827,216  $896,191 $866,616  $1,064,322  $1,182,770  $367,162  $440,871 $463,201  $835,935  $935,153   $‐  $200,000  $400,000  $600,000  $800,000  $1,000,000  $1,200,000  $1,400,000 Oct. 2018 Oct. 2019 Oct. 2020 Oct. 2021 Oct. 2022 Sewer Revenues & Expenses  ‐October (excludes Depreciation, Special Items, and Contributed Capital)      Total Revenue      Total Expenses Page 34 of 334 ITEM NO. 10.6. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager SUBJECT: Cash and Investment Reports for Month Ended October 31, 2022 RECOMMENDATION: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended October 31, 2022. BACKGROUND: The Cash and Investment Portfolio Report presents the market value and percent yield for all District investments by institution. The Cash & Investment Summary Report includes budget and actual interest and average term portfolio information as well as market value broken out by reserve categories. The Fair Value Measurement Report categorizes investments by the fair value hierarchy established by generally accepted accounting principles. The Unrestricted Reserves and Days in Cash Graph presents Water Unrestricted Reserve Balances and Days in Cash at a particular point in time for the last seven years. The average portfolio yield for the month ending October 31, 2022 is 1.56%. The District's Total Cash and Investment balance as of October 31, 2022 resulted in an overall increase from that of September 30, 2022 by approximately $2.4 million. This is predominantly due to positive net results between recorded cash receipts and accounts payable activity for the reporting month; as well the District having received $1.024 million from Lennar to increase the Developer Deposit balance on hand. ATTACHMENTS: 1. October 2022 Cash and Investment Reports and Graphs Page 35 of 334 Market %Date of Percent Value Par of Total Institution Maturity Yield Checking Account: 1,204,583$ 1,204,583$ Wells Fargo Bank 1,204,583$ 1,204,583$ 1.82% Total 0.00% Depository Account 1,994,956$ 1,994,956 US Bank Depository Account (Cielo Vista) 0.01% 1,994,956$ 1,994,956$ 3.02% 0.01% Money Market Accounts: 21,185,164$ 21,185,164$ US Bank (2017A & 2022A Revenue Bonds) 1.25% 4,326,950$ 4,326,950 US Bank (Money Market) 2.90% 1,116,814$ 1,116,814 Public Agency Retirement Svcs. (PARS) 0.01% 26,628,929$ 26,628,929$ 40.27% Total 1.53% Pooled Investment Accounts: 36,290,189$ 36,290,189$ Local Agency Investment Fund 1.72% 36,290,189$ 36,290,189$ 54.89% 1.72% 66,118,657$ 66,118,657$ 100% Total Investments 1.56% Per Government Code requirements, the Investment Report is in compliance with the Yorba Linda Water District's Investment Policy, and there are adequate funds available to meet budgeted and actual expenditures for the next six months. 10/31/22 Yorba Linda Water District Cash & Investment Portfolio Report October 31, 2022 ________________________________ Delia Lugo, Finance Manager Page 36 of 334 Below is a chart summarizing the yields as well as terms and maturities for the month of October 2022: Average # of Month Portfolio Days to of 2022 Yield Maturity October 1.56% 1 Below are charts comparing operating fund interest for current and prior fiscal years. Actual Interest 10/31/2021 10/31/2022 Monthly - October 24,023$ 143,169$ Year-to-Date 36,852$ 185,597$ Budget 2020/2021 2021/2022 Interest Budget, October YTD 102,667$ 35,642$ Interest Budget, Annual 308,000$ 106,925$ Interest earned on investments is recorded in the fund that owns the investment. The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: The table below displays the District's Cash and Investment balance of $66.1 million which is allocated between the established reserve funds, Wells Fargo Checking Account, and restricted funds held at U.S. Bank for current Bond transaction and PARS for the pension/OPEB transactions. The number of Days in Cash are 317 for the Un-Restricted Water Reserve balance and 955 for the Un-Restricted Sewer Reserve balances, as of October 31, 2022, which are subject to change with the final audited numbers. FY23 Reserve Cash and Requirements Investments September 2022 % Alloc October 2022 % Alloc "Target Available for Fund Description Balance 9/30/2022 Balance 10/31/2022 Levels" CY Obligations Water Operating Reserve 14,350,014$ 38.07% 17,042,318$ 41.96% 19,792,315$ (2,749,997)$ Water Emergency Reserve 7,348,874 19.50% 7,373,821 18.15% 7,450,000 (76,179) Water Capital Project Reserve 3,720,522 9.87% 3,590,507 8.84% 11,721,573 (8,131,066) MWD Contingency Reserve - 0.00% - 0.00% 1,000,000 (1,000,000) Rate Stabilization Reserve 4,260,270 11.30% 4,272,931 10.52% 4,251,271 21,660 Un-Restricted Water Reserve Balance 29,679,680$ 32,279,577$ 44,215,159 (11,935,582) Conservation Reserve 106,248$ 0.28% 106,614$ 0.26% 106,064 550 Employee Liability Reserve 310,440 0.82% 311,511 0.77% 309,040 2,471 Restricted Reserve Balance 416,687$ 418,125$ 415,104 3,021 Sewer Operating Reserve 3,398,446$ 9.02% 3,708,153$ 9.13% 3,028,299 679,854 Sewer Emergency Reserve 1,977,575 5.25% 1,981,438 4.88% 1,971,423 10,015 Sewer Capital Project Reserve 2,222,181 5.90% 2,229,846 5.49% 2,772,000 (542,154) Un-Restricted Sewer Reserve Balance 7,598,202$ 7,919,438$ 7,771,722 147,716 Total Reserve Balances 37,694,570$ 100.00% 40,617,140$ 100.00% 52,401,985$ (11,784,845)$ Water Operating 2,537,651 1,624,017 Sewer Operating (225,600) (419,434) 2,312,051 1,204,583 Rev. Bond 2017A-Principal & Interest - 213 Rev. Bond 2022A - Acquisition & COI 21,558,427 21,184,951 Depository Account - Cielo Vista Development 1,023,107 1,994,956 Public Agency Retirement Svc. -PARS (Restricted)1,086,365 1,116,814 Total Cash and Investments 63,674,520$ 66,118,657$ Cash & Investment Summary Comparison Between Current and Previous Month Wells Fargo Bank Checking US Bank Held (Restricted) YLWD Cash & Investment Summary Report Page 37 of 334 Checking Account:1,204,583$ 1.82% Money Market Accounts:26,628,929$ 40.27% Certificates of Deposit:-$ 0.00% Pooled Investment Accounts:36,290,189$ 54.89% Depository Account 1,994,956$ 3.02% Total 66,118,657$ 100.00% Checking Account: 1.82% Money Market  Accounts: 40.27%Pooled Investment  Accounts: 54.89% Depository Account 3.02% INVESTMENT BY  CATEGORY BALANCES (AS OF 10‐31‐2022) Checking Account: Money Market Accounts: Certificates of Deposit: Pooled Investment Accounts: Depository Account Page 38 of 334 $26,427,629 $27,189,603  $29,316,491 $28,882,774  $31,809,710  $27,392,983  $32,279,577  374 371 368 346 350 275 317 60 110 160 210 260 310 360 410  $20,000  $5,020,000  $10,020,000  $15,020,000  $20,020,000  $25,020,000  $30,020,000  $35,020,000 Oct. 2016 Oct. 2017 Oct. 2018 Oct. 2019 Oct. 2020 Oct. 2021 Oct. 2022 7 Year  Summary of Unrestricted Reserves & Days in Cash by Fiscal Year  (Water Fund)  Unrestricted Reserves (Water)Days in Cash (Water) Page 39 of 334 Date Description Amount 07/28/22 Beginning Balance $30,000,000 08/01/22 Requisition #1 Paydown Bank of America Revolving Line of Credit ($5,743,751) Subtotal of Bond Proceeds for YLWD CIP $24,256,249 85% Target Spenddown of Bond Proceeds for CIP by 7/28/2025 $20,617,812 09/28/22 Requistion #2 ‐ Reimburse District for eligible construction costs ($2,725,606) 10/27/22 Requistion #3 ‐ Reimburse District for eligible construction costs ($391,170) Available Balance of Target Spenddown as of September 30, 2022 $17,501,035 Yorba Linda Water District Financing Authority Revenue Bonds, Series 2022A Activity Summary as of October 31, 2022 $17,501,035 85% $3,116,776 15% Revenue Bonds, Series 2022A Use of Funds to Meet 85%  Spenddown Target  by July 28, 2025   Available Balance as of Reporting Date Total Spenddown to Date Page 40 of 334 Transaction  Date Transaction Description  Water Operating  Pension  Water Operating OPEB   Sewer Operating  Pension   Sewer Operating  OPEB  Account Total  Beginning Balance as of 7/1/21 754,305.26 289,298.98 78,124.99 17,436.92                   1,139,166.15                     7/31/2022 Management Fees (378.17) (237.47) (39.17) (14.31)                         1,138,497.03                     7/31/2022 Investment Gain/(Loss) 35,526.79 13,624.14 3,679.59 821.17                        1,192,148.72                     8/31/2022 Management Fees (374.03) (143.43) (38.74) (8.64)                            1,191,583.88                     8/31/2022 Investment Gain/(Loss) (21,025.08) (8,062.76) (2,177.61) (485.97)1,159,832.46                     9/30/2022 Management Fees (378.42) (145.09) (39.19) (8.74)1,159,261.02                     9/30/2022 Investment Gain/(Loss) (48,272.88) (18,508.28) (4,999.72) (1,115.55)1,086,364.59                     10/31/2022 Management Fees (360.96) (138.39) (37.38) (8.34)1,085,819.52                     10/31/2022 Investment Gain/(Loss) 20,523.73 7,870.53 2,125.80 474.31 1,116,813.89                     Account Balance by Account Type 739,566.24                    283,558.23                        76,598.57                         17,090.85                  1,116,813.89$                   66.22% 25.39% 6.86% 1.53% 100%         Pension OPEB Total Initial Contribution as of 12/28/2017 247,599.00$                   ‐                                     247,599.00                        Additional Contribution 6/26/19 1,105,248.00$              587,339.00                        1,692,587.00                     Total Contributions 1,940,186.00                      Total Distribution to CalPERS (631,392.00)$                 ‐                                     (631,392.00)                      Total Distribution to YLWD (337,936.88)$                    (337,936.88)                      Total Gain (or Loss) from Inception 115,877.94$                  63,389.52                          179,267.46                        Total Management Fees from Inception (21,168.13)$                   (12,142.56)                        (33,310.69)                           Balance as of 10/31/22 816,164.81$                  300,649.08$                     1,116,813.89$                    PARS (Public Agency Retirement Services) Funding Summary for October 31, 2022 Page 41 of 334 ITEM NO. 10.7. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager Keri Hollon, Accounting Assistant II SUBJECT: Directors and General Manager Fees and Expenses Report for First Quarter of Fiscal Year 2022-23 RECOMMENDATION: That the Board of Directors receive and file the Directors' and General Manager Fees and Expenses Report for First Quarter of Fiscal Year 2022-23. ATTACHMENTS: 1. BOD and GM Summary for Q1 2023 2. Travel and Expense Report Q1 2023 3. BOD and GM Summary for YTD 2023 Page 42 of 334 HAWKINS MILLER JONES DESROCHES LINDSEY SUB-TOTAL TOY DAVERT TOTAL REGULAR MEETINGS ATTENDED 3 5 5 5 4 22 SPECIAL MEETINGS ATTENDED 5 6 6 6 6 29 COMMITTEE MEETINGS ATTENDED 0 1 0 0 1 2 OTHER MEETINGS ATTENDED 11 16 19 7 12 65 TOTAL MEETINGS ATTENDED QTD 19 28 30 18 23 118 118 DIRECTOR FEES QTD $2,850 $4,200 $4,500 $2,700 $3,450 $17,700 $17,700 MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500 TRAVEL & CONF. EXPENSES QTD $20 $0 $1,553 $0 $0 $1,573 $1,573 TRAVEL & CONF. BUDGET QTD $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 $5,000 DIR.FEES AND EXPENSES QTD $2,870 $4,200 $6,053 $2,700 $3,450 $19,273 $19,273 FEES AND EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $27,500 GEN MGR EXPENSES QTD $775 $775 GEN MGR TRAVEL/CONF. BUDGET QTD $750 $750 INTERIM GM EXPENSES QTD $795 $795 INTERIM GM TRAVEL/CONF. BUDGET QTD $750 $750 TOTAL FEES & EXPENSES QTD $2,870 $4,200 $6,053 $2,700 $3,450 $19,273 $775 $795 $20,843 TOTAL FEES & EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $750 $750 $29,000 YORBA LINDA WATER DISTRICT FY 23 1ST QUARTER REPORT FROM 07-01-22 TO 09-30-22 DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES Page 43 of 334 Role Name GL Date Trip Date Trip Name Trip Location Conference Mileage Event Meal Lodging Grand Total Director Jones, Brooke 7/25/2022 7/28/2022 ISDOC Quarterly Luncheon Fountain Valley, CA 20.00$ 20.00$ 7/31/2022 7/28/2022 ISDOC Quarterly Luncheon Fountain Valley, CA 25.27$ 25.27$ 8/24/2022 7/26/2022 GRAC Meeting Virtual 20.00$ 20.00$ 9/22/2022 8/24/2022-8/26/2022 UWI Conference San Diego, CA 61.34$ 518.12$ 579.46$ 9/22/2022 11/29/2022-12/2/2022 ACWA Fall Conference Indian Wells, CA 775.00$ 775.00$ 9/28/2022 8/24/2022-8/26/2022 UWI Conference San Diego, CA 117.12$ 117.12$ 9/30/2022 9/16/2022 OC Water Summit Anaheim, CA 16.15$ 16.15$ Jones, Brooke Total 775.00$ 158.54$ 40.00$ 61.34$ 518.12$ 1,553.00$ Hawkins, Phil 7/25/2022 7/28/2022 ISDOC Quarterly Luncheon Fountain Valley, CA 20.00$ 20.00$ Hawkins, Phil Total 20.00$ 20.00$ Director Total 775.00$ 158.54$ 60.00$ 61.34$ 518.12$ 1,573.00$ Interim General Manager/AGM Davert, Doug 7/25/2022 7/28/2022 ISDOC Quarterly Luncheon Fountain Valley, CA 20.00$ 20.00$ 9/22/2022 11/29/2022-12/2/2022 ACWA Fall Conference Indian Wells, CA 775.00$ 775.00$ Davert, Doug Total 775.00$ 20.00$ 795.00$ Interim General Manager/AGM Total 775.00$ 20.00$ 795.00$ General Manager Toy, Mark 9/22/2022 11/29/2022-12/2/2022 ACWA Fall Conference Indian Wells, CA 775.00$ 775.00$ Toy, Mark Total 775.00$ 775.00$ General Manager Total 775.00$ 775.00$ Grand Total 2,325.00$ 158.54$ 80.00$ 61.34$ 518.12$ 3,143.00$ DIRECTOR'S & GENERAL MANAGER'S RECAP OF TRAVEL/CONFERENCE EXPENSES FIRST QUARTER OF FY 23 JULY-SEPTEMBER 2022 Page 44 of 334 HAWKINS MILLER JONES DESROCHES LINDSEY SUB-TOTAL TOY DAVERT TOTAL REGULAR MEETINGS ATTENDED 3 5 5 5 4 22 SPECIAL MEETINGS ATTENDED 5 6 6 6 6 29 COMMITTEE MEETINGS ATTENDED 1 1 2 OTHER MEETINGS ATTENDED 11 16 19 7 12 65 TOTAL MEETINGS ATTENDED QTD 19 28 30 18 23 118 118 DIRECTOR FEES QTD $2,850 $4,200 $4,500 $2,700 $3,450 $17,700 $17,700 MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500 TRAVEL & CONF. EXPENSES QTD $20 $0 $1,553 $0 $0 $1,573 $1,573 TRAVEL & CONF. BUDGET QTD $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 $5,000 DIR.FEES AND EXPENSES QTD $2,870 $4,200 $6,053 $2,700 $3,450 $19,273 $19,273 FEES AND EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $27,500 GEN MGR EXPENSES QTD $775 $775 GEN MGR TRAVEL/CONF. BUDGET QTD $750 $750 INTERIM GM EXPENSES QTD $795 $795 INTERIM GM TRAVEL/CONF. BUDGET QTD $750 $750 TOTAL FEES & EXPENSES QTD $2,870 $4,200 $6,053 $2,700 $3,450 $19,273 $775 $795 $20,843 TOTAL FEES & EXPENSES BUDGET QTD $5,500 $5,500 $5,500 $5,500 $5,500 $27,500 $750 $750 $29,000 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FY 23 YEAR-TO-DATE REPORT FROM 07-01-2022 TO 06-30-2023 Page 45 of 334 ITEM NO. 10.8. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne P. Weston, Engineering Manager Danielle Logsdon, Principal Engineer SUBJECT: Notice of Completion for Stonehaven Water Main Project RECOMMENDATION: That the Board of Directors authorize staff to file the Notice of Completion for the Stonehaven Water Main Project, Job No. J-2018-28. FISCAL IMPACT: Contractor's Bid Amount: $563,919.95 Final Contractor Cost: $554,278.10 Funding Source: 100% Developer Funded Job No: J-2018-28 BACKGROUND: Construction is complete on the Stonehaven Water Main Project. The project included construction of 1,293 feet of 12-inch water main along Stonehaven Drive from the proposed Cielo Vista Development entrance to just east of Devonport Circle. The developer will be constructing water infrastructure that will connect to the Stonehaven Water Main Project to serve the Cielo Vista development. All work has been completed in accordance with the contract documents. Staff requests authorization to file and proceed with the recordation of the Notice of Completion. PRIOR RELEVANT BOARD ACTION:  On June 14, 2022, the Board of Directors awarded the project to GCI Construction, Inc.  On April 26, 2022, the Board of Directors approved the Fourth Amendment to the Water and Sewer Facilities Agreement Between the Yorba Linda Water District and North County, BRS, LLC (now Lennar Homes of California LLC) for the Cielo Vista Development Project.  On October 13, 2021, the Board of Directors approved the Third Amendment to the Water and Facilities Agreement between the Yorba Linda Water District and North County BRS, LLC for the Cielo Vista Development Project.  On November 10, 2020, the Board of Directors approved the Second Amendment to the Water and Facilities Agreement between the Yorba Linda Water District and North County BRS, LLC Page 46 of 334 for the Cielo Vista Development Project.  On August 27, 2019, the Board of Directors approved the First Amendment to the Water and Facilities Agreement between the Yorba Linda Water District and North County BRS, LLC for the Cielo Vista Development Project.  On May 22, 2018, the Board of Directors approved the Terms and Conditions for Water and Sewer Service with North County BRS Project, LLC for Tract 17341.  On July 24, 2018, the Board of Directors approved the Cielo Vista Project Water and Sewer Facilities Agreement Between the Yorba Linda Water District and North County BRS Project, LLC. Page 47 of 334 ITEM NO. 10.9. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Reza Afshar, Senior Engineer Ethan Nakano, Assistant Engineer III SUBJECT: Notice of Exemption for Main Street Sewer Replacement Project RECOMMENDATION: That the Board of Directors consent to file the Notice of Exemption with the Orange County Clerk- Recorder's Office. SUMMARY: A Notice of Exemption (NOE) under the California Environmental Quality Act (CEQA) has been prepared for the Main Street Sewer Replacement Project. Upon review of the CEQA Statute and Guidelines, this project is determined to be categorically exempt pursuant to Article 19, Section 15302 of the CEQA Statue and Guidelines since this project includes the replacement of an existing utility system. The completed Notice of Exemption form is attached hereto for reference. BACKGROUND: The District is replacing approximately 430 feet of an existing 6-inch sewer main with an 8-inch sewer main due to the poor condition of the existing pipe. The new sewer line will primarily follow the existing alignment and will be increased to an 8-inch size due to the District's minimum size requirement for a public sewer main. Before the District can move forward with the construction of the sewer line, the District is required to comply with CEQA requirements. CEQA requires public agencies to consider the environmental consequences of their discretionary actions. CEQA is intended to inform government decision- makers and the public about potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage. Pursuant to Section 15367 of the CEQA Statute and Guidelines, the District is the lead agency for the proposed project. The lead agency must determine whether the project is exempt from CEQA. After an internal review by the Engineering Department, it was determined that this project is exempt from CEQA and a Notice of Exemption was prepared. STRATEGIC PLAN INITIATIVES: G1 4A & G3 2A - Address infrastructure needs by updating/implementing the Asset Management Plan; G1 4B - Address infrastructure needs by updating/implementing the Capital Improvement Plan. ATTACHMENTS: 1. Notice of Exemption Page 48 of 334 Notice of Exemption To: Office of Planning and Research From: Yorba Linda Water District P.O. Box 3044, Room 113 1717 E. Miraloma Ave. Sacramento, CA 95812-3044 Placentia, CA 92870 County Clerk County of Orange 601 N. Ross Street Santa Ana, CA 92701 Project Title: Main Street Sewer Replacement Project Applicant: Yorba Linda Water District Project Location - Specific: NW Corner of Imperial Hwy and Main St. Project Location - City: Yorba Linda Project Location - County: Orange Description of Nature, Purpose and Beneficiaries of Project: The purpose of this project is to replace a 6-inch sewer main that was constructed in 1965 that is in poor condition. Approximately 430-foot of the existing 6-inch sewer main will be replaced by an 8-inch sewer main per YLWD standards. The beneficiaries of this project are the customers that the sewer main serves and the Yorba Linda Water District as the replacement of the sewer main will allow for less maintenance required and issues within the sewer. Name of Public Agency Approving Project: Yorba Linda Water District Name of Person or Agency Carrying Out Project: Yorba Linda Water District Exempt Status: (check one): ☐ Ministerial (Sec. 21080(b)(1); 15268); ☐ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ☐ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); ☒ Categorical Exemption. State type and section number: Class 2, Section 15302 (c) ☐ Statutory Exemptions. Reasons why project is exempt: This project involves the replacement of a utility system where the new system will be located in approximately the same alignment as the existing system. The existing 6-inch sewer main will be replaced by an 8-inch sewer main per section 00600 of the YLWD Standard Specifications which states the minimum size for a public sewer main is to be 8-inch. Though the proposed sewer main is larger than the existing, the purpose and the service area for the sewer main will not be expanded. Lead Agency: Yorba Linda Water District Contact Person: Rosanne Weston, YLWD Engineering Manager Area Code/Telephone/Extension: (714) 701-3000 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? ☐ Yes ☐ No Signature: ______________________________________ Date: ___________________________ Title: Rosanne Weston, YLWD Engineering Manager ☒ Signed by Lead Agency ☐ Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Page 49 of 334 ITEM NO. 10.10. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Danielle Logsdon, Principal Engineer Ammar Tohmeh, Senior Engineer SUBJECT: Notice of Exemption for Timber Ridge Booster Pump Station Rehabilitation Project RECOMMENDATION: That the Board of Directors consent to file the Notice of Exemption with the Orange County Clerk- Recorder's Office for the Timber Ridge Booster Pump Station Rehabilitation Project. SUMMARY: A Notice of Exemption (NOE) under the California Environmental Quality Act (CEQA) has been prepared for the Timber Ridge Booster Pump Station Rehabilitation Project. Upon review of the CEQA Statute and Guidelines, this project is determined to be categorically exempt pursuant to Article 19, Section 15301 and 15302 of the CEQA Statue and Guidelines since this project includes the replacement of an existing utility system. The completed Notice of Exemption form is attached hereto for reference. BACKGROUND: The existing Timber Ridge Booster Pump Station is being replaced with a new pump station at the same location to improve efficiency, reliability, and resiliency per America's Water Infrastructure Act of 2018 (AWIA). The District is required to comply with CEQA requirements, which requires public agencies to consider the environmental consequences of their discretionary actions. CEQA is intended to inform government decision-makers and the public about potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage. Pursuant to Section 15367 of the CEQA Statute and Guidelines, the District is the lead agency for the proposed project. The lead agency must determine whether the project is exempt from CEQA. After an internal review by the Engineering department, it was determined that this project is exempt from CEQA and the attached Notice of Exemption was prepared. PRIOR RELEVANT BOARD ACTION: On October 24, 2022, the Board of Directors awarded the Timber Ridge Booster Pump Station Rehabilitation to Pacific Hydrotech Corporation for $4,982,170.00, Job No. J-2020-37. Page 50 of 334 On May 24, 2022, the Board of Directors approved the Timber Ridge Booster Pump Station Rehabilitation as part of the FY22-23 Annual Budget Document. STRATEGIC PLAN INITIATIVES: G1 4A - Address infrastructure needs by updating/implementing the Asset Management Plan. ATTACHMENTS: 1. Notice of Exemption Page 51 of 334 Notice of Exemption To: Office of Planning and Research From: Yorba Linda Water District P.O. Box 3044, Room 113 1717 E. Miraloma Ave. Sacramento, CA 95812-3044 Placentia, CA 92870 County Clerk County of Orange 601 N. Ross Street Santa Ana, CA 92701 Project Title: Timber Ridge Booster Pump Station Replacement Project Applicant: Yorba Linda Water District Project Location - Specific: 3727 Fairmont Blvd, Yorba Linda, CA (cross street is Timber Ridge Rd.) Project Location - City: Yorba Linda Project Location - County: Orange Description of Nature, Purpose and Beneficiaries of Project: Timber Ridge Booster Pump Station is an existing structure with equipment used to deliver water for fire flow and consumption. The station was constructed over 35 years ago and the District is no longer able to replace parts on some of the equipment. The existing Timber Ridge Booster Pump Station is being replaced with a new pump station at the same location to improve efficiency, reliability, and resiliency per America's Water Infrastructure Act of 2018. Name of Public Agency Approving Project: Yorba Linda Water District Name of Person or Agency Carrying Out Project: Yorba Linda Water District Exempt Status: (check one): ☐ Ministerial (Sec. 21080(b)(1); 15268); ☐ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ☐ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); ☒ Categorical Exemption. State type and section number: Class 1, Section 15301 (b)(d) (Existing Facilities) and Class 2, Section 15302 (c) (Replacement or Reconstruction) ☐ Statutory Exemptions. Reasons why project is exempt: The existing Timber Ridge Booster Pump Station is being replaced with a new pump station at the same location to improve efficiency, reliability, and resiliency per America's Water Infrastructure Act of 2018. The District is not aware of successive projects of this type in this area which may result in a significant cumulative impact, nor of unusual circumstances applicable to the Project, nor of any historical resource the Project may impact. (14 Cal. Code Regs. §15300.2(b), (c), (f)). The Project is not in or near a scenic highway. (14 Cal. Code Regs. §15300.2(d)). The Project site is not included on any list compiled pursuant to Government Code Section 65962.5 (Cortese list). (14 Cal. Code Regs. §15300.2(e)). Lead Agency: Yorba Linda Water District Contact Person: Rosanne Weston PE, PMP, YLWD Engineering Manager Area Code/Telephone/Extension: (714) 701-3000 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? ☒ Yes ☐ No Page 52 of 334 Signature: ______________________ Date: __________ Title: Rosanne Weston, YLWD Engineering Manager ☒ Signed by Lead Agency ☐ Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Page 53 of 334 ITEM NO. 10.11. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne Weston, Engineering Manager Reza Afshar, Senior Engineer SUBJECT: Mitigated Negative Declaration for BNSF Waterline Crossing at Veterans Village and Highland Avenue RECOMMENDATION: That the Board of Directors: (1) adopt the proposed Initial Study and Mitigated Negative Declaration (IS/MND) and make a finding on the basis of the whole record that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated Negative Declaration reflects the Board of Directors' independent judgment and analysis; (2) adopt the Mitigation Monitoring and Reporting Program, and authorize staff to file a Notice of Determination for the project; and (3) determine that the Board Secretary is the custodian of the documents and materials which constitute the record of proceedings upon which the Board's decision is based and such documents and materials will be at the District's headquarters. SUMMARY: An Initial Study (IS) and Mitigated Negative declaration (MND) under the California Environmental Quality Act (CEQA) has been prepared for BNSF Waterline Crossing at Veterans Village and Highland Avenue. The analysis concludes that the proposed project can be implemented without causing significant adverse environmental impacts with the incorporation of mitigation measures for specific issues. The impacts and mitigation measures are summarized in the attached Mitigation Monitoring and Reporting Program (MMRP). BACKGROUND: The District is constructing a waterline that will provide water service redundancy for the area south of Orangethorpe Avenue. This will significantly reduce the risk of water service outages at District Headquarters and for approximately 200 customers. The existing waterline at Veterans Way will be connected to the existing waterlines at South Highland Avenue on the north side and Nancita Circle on the south side. Before the District can move forward with the construction of the waterline, the District is required to comply with CEQA requirements. CEQA requires public agencies to consider the environmental consequences of their discretionary actions. CEQA is intended to inform government decision- makers and the public about the potential environmental effects of proposed activities and to prevent Page 54 of 334 significant, avoidable environmental damage. Pursuant to Section 15367 of the State CEQA Guidelines, the District is the lead agency for the proposed project. The lead agency must determine whether the project is exempt from CEQA. If the project is not exempt, then the lead agency shall determine if the proposed project has the potential to have a significant effect on the environment. District staff, through consultation with the District’s consultant and general counsel, determined that the proposed project is not exempt from CEQA; therefore, an IS/MND was prepared. The IS/MND analysis for BNSF waterline Crossing at Veterans Village and Highland Avenue found that the proposed project will not impact any CEQA guideline categories when mitigation measures are included in the project. The proposed Project would have no impact or less than significant impacts in the following environmental areas: agriculture and forest land resources, aesthetics, air quality, energy, greenhouse gases, hazards and hazardous materials, land use, mineral resources, noise, public services, recreation, transportation, utilities and services systems, and wildfire. The proposed Project has the potential to have significant impacts on the following topics unless the mitigation measures recommended in the IS/MND are incorporated into the Project: biological resources, cultural resources, geology and soils, hydrology and water quality, and tribal cultural resources. The impacts and mitigation measures are summarized in the attached MMRP. The staff has determined that pursuant to the requirements of the Construction General Permit the mitigation measure for hydrology and water quality, which was included in the IS/MND analysis, does not apply to the project; therefore, the noted implementing actions in the IS/MND and MMRP for this mitigation measure would not apply. The IS/MND was prepared by Psomas in conformance with CEQA requirements. The project's contract documents and specifications will incorporate the identified mitigation measures. Pursuant to CEQA guidelines, copies of IS/MND were distributed to various agencies for public review from August 12, 2022, to September 12, 2022. During the 30-day public review period, two communications were received. All comments were considered and addressed. The comments do not alter the original scope of the project. Section 10 of the attached IS/MND includes the comments and corresponding responses. An electronic copy of the IS/MND is available for review on the District's public website. STRATEGIC PLAN INITIATIVES: G1 4B - Address infrastructure needs by updating/implementing the Capital Improvement Plan; and G1 6B - Provide a sustainable, adequate water supply by maintaining distribution system and its capability to provide 100% groundwater and/or import water to the entire service area. ATTACHMENTS: 1. Final Initial Study and Mitigated Negative Declaration 2. Mitigation Monitoring and Reporting Program Page 55 of 334 Final Initial Study and Mitigated Negative Declaration BNSF Waterline Crossing at Veterans Village and Highland Avenue Prepared for Yorba Linda Water District 1717 East Miraloma Avenue Placentia, California 92870 Contact: Reza Afshar, PE, PMP 714.701.3106 Prepared by Psomas 5 Hutton Centre Drive, Suite 300 Santa Ana, California 92707 Contact: Jennifer Marks 714.751.7373 September 2022 Page 56 of 334 Final Initial Study and Mitigated Negative Declaration BNSF Waterline Crossing at Veterans Village and Highland Avenue Prepared for: Yorba Linda Water District 1717 East Miraloma Avenue Placentia, CA 92870 Contact: Reza Afshar, PE, PMP 714.701.3106 Prepared by: Psomas 5 Hutton Centre, Suite 300 Santa Ana, California 92707 Contact: Jennifer Marks 714.751.7373 September 2022 Page 57 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx i Table of Contents TABLE OF CONTENTS Section Page Section 1.0 Introduction ...................................................................................................... 1-1 1.1 Purpose of the Initial Study ..................................................................... 1-1 1.2 Summary of Findings .............................................................................. 1-1 1.3 Project Approval ..................................................................................... 1-1 1.4 Organization of the Initial Study .............................................................. 1-2 Section 2.0 Project Location and Environmental Setting ................................................. 2-1 2.1 Project Location and Surrounding Uses ................................................. 2-1 2.2 Project Background ................................................................................ 2-1 Section 3.0 Project Description .......................................................................................... 3-1 3.1 Physical Characteristics .......................................................................... 3-1 3.2 Construction Activities ............................................................................ 3-2 3.3 Purpose .................................................................................................. 3-2 3.4 Project Approvals.................................................................................... 3-2 Section 4.0 Environmental Checklist.................................................................................. 4-1 Section 5.0 Discussion of Environmental Checklist Questions ...................................... 5-1 I. Aesthetics ............................................................................................... 5-1 II. Agriculture and Forest Resources .......................................................... 5-4 III. Air Quality ............................................................................................... 5-5 IV. Biological Resources ............................................................................ 5-16 V. Cultural Resources ............................................................................... 5-20 VI. Energy .................................................................................................. 5-24 VII. Geology and Soils................................................................................. 5-25 VIII. Greenhouse Gases............................................................................... 5-28 IX. Hazards and Hazardous Materials ....................................................... 5-31 X. Hydrology and Water Quality ................................................................ 5-33 XI. Land Use and Planning ........................................................................ 5-36 XII. Mineral Resources ................................................................................ 5-37 XIII. Noise .................................................................................................... 5-37 XIV. Population and Housing ........................................................................ 5-44 XV. Public Services ..................................................................................... 5-45 XVI. Recreation ............................................................................................ 5-45 Page 58 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx ii Table of Contents XVII. Transportation....................................................................................... 5-46 XVIII. Tribal Cultural Resources ..................................................................... 5-47 XIX. Utilities and Service Systems ............................................................... 5-50 XX. Wildfire .................................................................................................. 5-51 XXI. Mandatory Findings of Significance ...................................................... 5-52 Section 6.0 Report Preparers .............................................................................................. 6-1 6.1 Yorba Linda Water District ...................................................................... 6-1 6.2 Consultants ............................................................................................. 6-1 Section 7.0 References ........................................................................................................ 7-1 TABLES Table Page 1 California and Federal Ambient Air Quality Standards ................................................... 5-6 2 Criteria Pollutant Designations in the South Coast Air Basin ......................................... 5-7 3 Air Quality Levels Measured at the La Habra Monitoring Station ................................... 5-9 4 South Coast AQMD Air Quality Significance Thresholds ............................................. 5-11 5 Estimated Maximum Daily Construction Emissions (lbs/day) ...................................... 5-14 6 Localized Construction Pollutant Emissions (lbs/day) .................................................. 5-15 7 Cultural Resources Studies Within ½-Mile of the Project Site...................................... 5-21 8 Cultural Resources Within ½-Mile of the Project Site .................................................. 5-22 9 Estimated Annual Greenhouse Gas Emissions From Construction ............................. 5-30 10 Existing Ambient Noise Levels ..................................................................................... 5-38 11 City of Placentia Noise Ordinance Standards for Zones 1 Through 3 .......................... 5-39 12 Construction Noise Levels at Noise-Sensitive Uses .................................................... 5-41 13 Vibration Related Building Damage Thresholds .......................................................... 5-42 14 Vibration Annoyance Criteria ....................................................................................... 5-42 15 Vibration Levels for Construction Equipment ............................................................... 5-43 16 Vibration Annoyance Assessment ............................................................................... 5-43 17 Building Damage assessment ...................................................................................... 5-44 Page 59 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx iii Table of Contents EXHIBITS Exhibit Follows Page 1 Regional Location .......................................................................................................... 2-1 2 Aerial Photograph .......................................................................................................... 2-1 3a Southern Pipeline Segment ........................................................................................... 3-1 3b Northern Pipeline Segment ............................................................................................ 3-1 4a–d Site Photographs ............................................................................................................ 5-1 APPENDICES Appendix A CalEEMod Calculations B Jurisdictional Delineation C Cultural Resources D EDR Report E Noise Calculations F Mitigation Monitoring and Reporting Program Page 60 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx iv Table of Contents LIST OF ACRONYMS A Air Quality Management Plan (AQMP) Ambient Air Quality Standards (AAQS) Assembly Bill (AB) A-weighted decibels (dBA) B Best Management Practices (BMPs) C California Air Pollution Control Officers Association (CAPCOA) California Air Resources Board (CARB) California Association of Governments (SCAG) California Building Code (CBC) California Department of Fish and Wildlife (CDFW) California Department of Transportation (Caltrans) California Emissions Estimator Model (CalEEMod) California Environmental Quality Act (CEQA) California Facility Inventory Database underground storage tanks (CA FID UST) California Historical Resources Information System (CHRIS) California Native Plant Society (CNPS) California Office of the State Fire Marshal (CAL FIRE) California Regional Water Quality Control Board (RWQCB) California Register of Historic Resources (CRHR) California State Water Resources Control Board (SWRCB) Carbon Dioxide (CO2) Carbon Dioxide Equivalent (CO2e) Carbon Monoxide (CO) City of Placentia Municipal Code (CPMC) Community Noise Equivalent Level (CNEL) cubic yards (cy) D Diesel Particulate Matter (diesel PM) E Enforcement and Compliance History Online (ECHO) Environmental Data Resources (EDR) Environmental Impact Report (EIR) Equivalent Continuous Sound Level (Leq) F Facility Index System (FINDS) Fine Particulate Matter with a Diameter of 2.5 Microns or Less (PM2.5) G Global Warming Potential (GWP) Greenhouse Gases (GHG) Page 61 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx v Table of Contents H Hazardous Waste and Substances Sites (CORTESE) Hazardous Waste Tracking System (HWTS) Hydrofluorocarbons (HFCs) I Inch(es) Per Second (in/sec) Initial Study (IS) K Kilometer (KM) L Natural History Museum of Los Angeles County (LACM) leaking underground storage tank (LUST) Level of Service (LOS) linear feet (lf) Localized Significance Threshold (LST) M Methane (CH4) Metric Tons of CO2 Equivalent Per Year (MTCO2e/yr) Metric Tons Per Year of Carbon Dioxide Equivalents (MT/yr CO2e) Micrograms Per Cubic Meter (µg/m3) Migratory Bird Treaty Act (MBTA) Mitigated Negative Declaration (MND) Mitigation Measures (MMs) N National Pollutant Discharge Elimination System (NPDES) Native American Heritage Commission (NAHC) Nitric Oxide (NO) Nitrogen Dioxide (NO2) Nitrogen Oxides (NOx) Nitrous Oxide (N2O) Non Generators (NonGen/NLR) O Orange County Flood Control District (OCFCD) Ozone (O3) P Parts Per Million (PPM) Particulate Matter with a Diameter of 10 Microns or Less (PM10) PM 2.5 (no callout) Peak Particle Velocity (PPV) Perfluorocarbons (PFCs) Pounds Per Day (lbs/day) R Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Regional Water Quality Control Board (RWQCB) Resource Conservation and Recovery Act (RCRA) Page 62 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx vi Table of Contents S Sacred Lands File (SLF) Senate Bill (SB) Small Quantity Generator (SQG) South-Central Coastal Information Center (SCCIC) South Coast Air Basin (SoCAB) South Coast Air Quality Management District (South Coast AQMD) square feet (sf) Standard Conditions and Regulations (SCs) State Route (SR) State Water Resources Control Board (SWRCB) Statewide Environmental Evaluation and Planning System (SWEEPS) Storm Water Pollution Prevention Plan (SWPPP) State Water Resources Control Board (SWRCB) Sulfur Dioxide (SO2) Sulfur Hexafluoride (SF6) Sulfur Oxides (SOx) T Tons Per Day (tbd) Toxic Air Contaminants (TACs) U underground storage tank (UST) United States Environmental Protection Agency (USEPA) United States Army Corps of Engineers (USACE) V Vehicles Miles Traveled (VMT) Very High Fire Hazard Severity Zone (VHFHSZ) Volatile Organic Compounds (VOCs) Y Year (yr) Yorba Linda Water District (YLWD) Page 63 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 1-1 Introduction SECTION 1.0 INTRODUCTION 1.1 PURPOSE OF THE INITIAL STUDY The purpose of this Initial Study (IS) is to (1) describe the proposed Burlington Northern and Santa Fe (BNSF) Waterline Crossing at Veterans Village and Highland Avenue (hereinafter referred to as the “Project”), which would occur in the City of Placentia and (2) provide an evaluation of potential environmental effects associated with the Project’s construction and operation. This IS has been prepared pursuant to the California Environmental Quality Act (CEQA), as amended (Public Resources Code §21000 et seq.) and in accordance with the State CEQA Guidelines (California Code of Regulations §15000 et seq.). Pursuant to Section 15367 of the State CEQA Guidelines, Yorba Linda Water District (YLWD) is the lead agency for the Project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project that may have a significant effect on the environment. YLWD, as the lead agency, has the authority for Project approval and certification of the accompanying environmental documentation. The purpose of this document is to evaluate the potential environmental impacts associated with construction and operation of two segments of a new waterline. 1.2 SUMMARY OF FINDINGS Based on the environmental checklist form prepared for the Project (see Section 4, below) and supporting environmental analysis (Section 5), the proposed Project would have no impact or less than significant impacts in the following environmental areas: agriculture and forest land resources, aesthetics, air quality, energy, greenhouse gases, hazards and hazardous materials, land use, mineral resources, noise, public services, recreation, transportation, utilities and services systems, and wildfire. The proposed Project has the potential to have significant impacts on the following topics unless the mitigation measures recommended herein are incorporated into the Project: biological resources, cultural resources, geology and soils, hydrology and water quality, and tribal cultural resources. According to the State CEQA Guidelines, it is appropriate to prepare a Mitigated Negative Declaration (MND) for the proposed Project because, after incorporation of the recommended mitigation measures, potentially significant environmental impacts would be eliminated or reduced to a level considered less than significant. 1.3 PROJECT APPROVAL This IS/MND has been submitted to potentially affected agencies and individuals. A Notice of Availability of the IS/MND for review and comment as well as the environmental documentation are available on YLWD’s website (https://www.ylwd.com/about/transparency/) for review. This IS/MND will be available for public review for a period of 30 days, in accordance with Section 15073 of the State CEQA Guidelines. During review of the IS/MND, affected public agencies and the interested public have an opportunity to focus on the document’s adequacy in identifying and analyzing the potential environmental impacts and the ways in which the potentially significant effects of the Project area can be avoided or mitigated. Comments on the IS/MND and the Page 64 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 1-2 Introduction analysis contained herein must be received by 5:00 p.m., September 12, 2022 and should be addressed to: Yorba Linda Water District Attn: Reza Afshar, Senior Engineer 1717 East Miraloma Avenue Placentia CA, 92870 Email: RAfshar@ylwd.com Phone: 714.701.3106 Following receipt and evaluation of comments from agencies, organizations, and/or individuals, YLWD will determine whether any substantial new environmental issues have been raised. If so, further documentation—such as an Environmental Impact Report (EIR) or an expanded IS/MND—may be required. If not, the Project and the environmental documentation are tentatively scheduled to be submitted to the Board of Directors for consideration. 1.4 ORGANIZATION OF THE INITIAL STUDY The IS/MND is organized as described below.  Section 1: Introduction. This section provides an introduction and overview of the conclusions in the IS/MND.  Section 2: Project Location and Environmental Setting. This section provides a brief description of the Project location, relevant background information, and a description of the existing conditions of the Project site and vicinity.  Section 3: Project Description. This section provides a description of the proposed Project, a statement of purpose and need, and necessary discretionary approvals.  Section 4: Environmental Checklist. The completed Environmental Checklist Form from the State CEQA Guidelines provides an overview of the potential impacts that may or may not result from Project implementation. The Environmental Checklist Form also includes “mandatory findings of significance”, as required by CEQA.  Section 5: Discussion of Environmental Checklist Questions. This section contains an analysis of environmental impacts identified in the environmental checklist and identifies standard conditions and regulations (SC) and mitigation measures (MM) that have been recommended to eliminate any potentially significant effects or to reduce them to a level considered less than significant.  Section 6: Report Preparers. This section lists the authors, including staff members from YLWD, who assisted in preparing and reviewing the IS/MND.  Section 7: References. This section identifies the references used to prepare the IS/MND. Page 65 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 2-1 Project Location and Environmental Setting SECTION 2.0 PROJECT LOCATION AND ENVIRONMENTAL SETTING 2.1 PROJECT LOCATION AND SURROUNDING USES The proposed BNSF Waterline Crossing at Veterans Village and Highland Avenue Project (hereinafter referred to as the “proposed Project” or the “Project”) is located in City of Placentia, California. The Project consists of two separate segments of pipeline to be constructed: the northern stretch of pipeline is proposed to cross the BNSF railway right-of-way, and the southern segment that is proposed to cross Atwood Channel. The northern pipeline segment alignment is bound by Highland Avenue and residential uses to the north, commercial/restaurant uses to the east, Placentia Veteran’s Village apartments to the south, and residential uses to the west. The southern pipeline segment alignment is bound by the BNSF rail line and Orangethorpe Avenue to the north, Lakeview Avenue and commercial/industrial uses to the east, commercial/industrial to the south, and the Placentia Veterans Village apartments to the west. The regional and local vicinity of the Project site is depicted on Exhibits 1, Regional Location, and Exhibit 2, Aerial Photograph, respectively. 2.2 PROJECT BACKGROUND YLWD currently has two pipelines that cross the BNSF right-of-way on the west end of the service area, one at Richfield Road and one at Lakeview Avenue. In this portion of the service area, the primary source of water is Lakeview Avenue. The Richfield Road pipeline is primarily used as a transmission pipeline to Highland Reservoir during emergencies only. YLWD constructed a water treatment plant at its headquarters and the new pipeline configuration eliminates the distribution option of the Richfield Road waterline. This Project includes construction of a third crossing to loop the system at Placentia Veterans Village apartments and Highland Avenue. In addition, YLWD intends to replace an existing water main crossing at the Orange County Flood Control District (OCFCD) Atwood Channel to the south of Veterans Way to provide additional water system redundancy in this area. Page 66 of 334 Page 67 of 334 Page 68 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 2-2 Project Location and Environmental Setting This page intentionally left blank Page 69 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 3-1 Project Description SECTION 3.0 PROJECT DESCRIPTION 3.1 PHYSICAL CHARACTERISTICS YLWD constructed a new, large water treatment plant known as Plant 1 or PFAS (Per- and Polyfluoroalkyl Substances) Water Treatment Plant at its headquarters, which is currently in service. Due to the high volume of water feeding into and exiting the plant, YLWD can no longer use its existing pipeline in Richfield Road to transport water both to and from the area of the plant. Therefore, YLWD proposes to construct a new water pipeline (new waterline) to transmit water to loop the water system and provide water system redundancy. The proposed pipeline would deliver water to the consumers south of Orangethorpe Avenue, leaving the Richfield Road pipeline to transport water to Highland Reservoir only in the other direction. A new 12-inch pipeline would be constructed to connect from the terminus of Nancita Circle in the south to a point in Highland Avenue to the north. As discussed above, the new pipeline would be constructed in two segments that would connect via an existing 10-inch pipeline. The southern pipeline segment would be constructed from a connection point with an existing 10- inch pipeline that currently terminates in Nancita Circle as shown on Exhibit 3a, Southern Pipeline Segment. The pipeline would extend northeasterly from Nancita Circle into the parking lot at 1919 Nancita Circle, where it would then jog southeasterly for approximately 94 feet parallel to Atwood Channel. From this point, the pipeline would then extend northeasterly across Atwood Channel to Veterans Way, where it would turn south easterly and connect to an existing 10-inch pipeline. The 10-inch existing pipeline continues north from Veterans Way to the current terminus just south of the BNSF right-of-way line through Placentia Veterans Village apartments. Construction of the southern segment of the pipeline would consist primarily of open trench construction within roadway right-of-way. The proposed pipeline crossing of Atwood Channel would be constructed to extend above and outside of the channel, utilizing existing water main pipe supports. The northern pipeline segment would be constructed from a connection point with the 10-inch pipeline as shown on Exhibit 3b, Northern Pipeline Segment. The new pipeline would be constructed in a northerly direction across BNSF right-of-way to Orangethorpe Avenue. From here, the pipeline would jog southeasterly along Orangethorpe Avenue for approximately 63 feet before turning northward into Highland Avenue. The pipeline would extend northerly along Highland Avenue and connect to an existing 10-inch pipeline located in Highland Avenue near 2007 East Orangethorpe Avenue. Construction of the northern segment of the pipeline would consist primarily of open trench construction, except for the proposed crossing of the BNSF rail line which would be constructed using a jack-and-bore method and access pits on either side of the rail line right-of-way. The southern, or launching bore pit would be 24-feet by 10-feet and would be located within an existing YLWD easement. Because the driveway functions as the only vehicle access point for the apartment complex, YLWD would require that the contractor constructing the bore pit maintain access for residents at all times YLWD would restore all existing hardscape and landscape improvements. The northern, or receiving, bore pit would be 12-feet by 10-feet in size and be constructed within the public right-of-way on the north side of the BNSF railroad. Work within Nancita Circle, Orangethorpe Avenue, and Highland Avenue would be entirely within public right-of-way. Neither the Atwood Channel area nor the BNSF rail line are within the public right-of-way, however impacts would be limited to above Atwood Channel, or beneath the ground surface at the BNSF crossing. All construction activity would be coordinated with the Orange County Flood Control District (OCFCD) and BNSF, respectively. The total length of all new pipeline would be less than 1,000 feet. Page 70 of 334 Page 71 of 334 Page 72 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 3-2 Project Description The launching bore pit involves more noise and activities because it is where equipment would be staged. YLWD would place the launching bore pit at Placentia Veterans Village apartments. 3.2 CONSTRUCTION ACTIVITIES Construction at the Project site is anticipated to begin in December 2022 and the Project is anticipated to be operational in December 2023. Construction activity would be phased to include construction of two segments of a new waterline, including crossing of Atwood Channel and the BNSF rail line. YLWD would require that the contractor constructing the bore pits maintain access for Veterans Village residents at all times and restore all existing hardscape and landscape improvements. Total excavation for pipeline installation and bore pits would result in approximately 7,025 cubic yards (cy) of soil export. Pavement demolition would result in approximately 2,400 square feet (sf) of pavement disturbance. And approximately 836 linear feet (lf) of pipeline would be installed comprised of 650 linear feet of open trench, 130 lf of jack and bore, and 56 lf of above grade channel crossing. 3.3 PURPOSE The purpose of this document is to evaluate the construction and operation of two segments of a new waterline. 3.4 PROJECT APPROVALS As part of the Project, the following Project approvals and actions would be required:  Project Approval and Approval of the Mitigated Negative Declaration. The proposed Project and its associated MND shall be reviewed and approved by the Board of Directors.  City of Placentia Encroachment Permit.  Orange County Flood Control District (OCFCD) Permit and No-Rise Certification .  BNSF Permit.  Occupational Safety and Health (OSHA) Approval. Page 73 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-1 Environmental Checklist SECTION 4.0 ENVIRONMENTAL CHECKLIST ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. • Biological Resources • Cultural Resources • Geology/Soils • Hydrology/Water Quality • Tribal Cultural Resources DETERMINATION: (To be completed by the Lead Agency.) On the basis of this initial evaluation: • I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to be the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. Signature Date Reza Afshar Yorba Linda Water District Printed Name For Page 74 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-2 Environmental Checklist EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analysis,” as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated”, describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Page 75 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-3 Environmental Checklist 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9) The explanation of each issue should identify the following: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. This section includes the completed Environmental Checklist Form. The checklist form is used to assist in evaluating the potential environmental impacts of the proposed Project. The Environmental Checklist Form identifies potential Project effects as follows: (1) Potentially Significant Impact; (2) Less Than Significant With Mitigation Incorporated; (3) Less Than Significant Impact; and (4) No Impact. Substantiation and clarification for each checklist response is provided in Section 5, Environmental Evaluation. Included in each discussion are mitigation measures, as appropriate, that are recommended for implementation as part of the proposed Project. ENVIRONMENTAL ISSUES (See attachments for information sources) I. AESTHETICS. Would the project: Level of Significance a) Have a substantial adverse effect on a scenic vista? No Impact b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less Than Significant Impact c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant Impact d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact II. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project Page 76 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-4 Environmental Checklist and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Level of Significance a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220[g]), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104[g])? No Impact d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or conversion of forest land to non-forest use? No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Level of Significance a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less Than Significant Impact Page 77 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-5 Environmental Checklist IV. BIOLOGICAL RESOURCES. Would the project: Level of Significance a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Less Than Significant With Mitigation Incorporated b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No Impact c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant With Mitigation Incorporated f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact V. CULTURAL RESOURCES. Would the project: Level of Significance a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Less Than Significant With Mitigation Incorporated c) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant With Mitigation Incorporated VI. ENERGY. Would the project: Level of Significance a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No Impact Page 78 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-6 Environmental Checklist VII. GEOLOGY AND SOILS. Would the project: Level of Significance a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: - i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less Than Significant Impact ii) Strong seismic ground shaking? Less Than Significant Impact iii) Seismic-related ground failure, including liquefaction? Less Than Significant Impact iv) Landslides? Less Than Significant Impact b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less Than Significant Impact e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant With Mitigation Incorporated VIII. GREENHOUSE GAS EMISSIONS. Would the project: Level of Significance a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact Page 79 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-7 Environmental Checklist IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Level of Significance a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact Page 80 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-8 Environmental Checklist X. HYDROLOGY AND WATER QUALITY. Would the project: Level of Significance a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Less Than Significant Impact b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: - i) result in substantial erosion or siltation on- or off- site; Less Than Significant Impact ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; Less Than Significant Impact iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or Less Than Significant Impact iv) impede or redirect flood flows? Less Than Significant Impact d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No Impact e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less Than Significant Impact XI. LAND USE AND PLANNING. Would the project: Level of Significance a) Physically divide an established community? No Impact b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No Impact XII. MINERAL RESOURCES. Would the project: Level of Significance a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact Page 81 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-9 Environmental Checklist XIII. NOISE. Would the project result in: Level of Significance a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact XIV. POPULATION AND HOUSING Would the project: Level of Significance a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact XV. PUBLIC SERVICES. Would the project result in: Level of Significance a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: - Fire Protection? No Impact Police Protection? No Impact Schools? No Impact Parks? No Impact Other Public Facilities? No Impact Page 82 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-10 Environmental Checklist XVI. RECREATION. Would the project: Level of Significance a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact XVII. TRANSPORTATION/CIRCULATION. Would the project: Level of Significance a) Conflict with program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less Than Significant Impact b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? No Impact c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact d) Result in inadequate emergency access? Less Than Significant Impact XVIII. TRIBAL CULTURAL RESOURCES. Would the project: Level of Significance Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or No Impact b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less Than Significant With Mitigation Incorporated Page 83 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-11 Environmental Checklist XIX. UTILITIES AND SERVICE SYSTEMS. Would the project: Level of Significance a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less Than Significant Impact b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? No Impact c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? No Impact d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less Than Significant Impact e) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact XX. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones: Would the project: Level of Significance a) Substantially impair an adopted emergency response plan or emergency evacuation plan? No Impact b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No Impact c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact Page 84 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 4-12 Environmental Checklist XXI. MANDATORY FINDINGS OF SIGNIFICANCE. Does the project: Level of Significance a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? Less Than Significant With Mitigation Incorporated b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less Than Significant Impact c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant With Mitigation Incorporated Fish and Wildlife Determination (Per Section 21089(b) of the Public Resources Code, all project applicants and public agencies subject to the California Environmental Quality Act shall pay a Fish and Game filing fee for each proposed project that would adversely affect wildlife resources.)* Based on the responses contained in this Environmental Checklist, there is no evidence that the project has a potential for a change that would adversely affect wildlife resources or the habitat upon which the wildlife depends. Has the presumption of adverse effect set forth in 14 CCR 753.5 (d) been rebutted by substantial evidence? _ Yes (Certificate of Fee Exemption and County Administrative fee required) X No (Pay fee) *Note: Fish and Game Code Section 711.4(c)(2)(A) states that projects that are Categorically Exempt from CEQA are also exempt from filing fee. Page 85 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-1 Discussion of Environmental Checklist Questions SECTION 5.0 DISCUSSION OF ENVIRONMENTAL CHECKLIST QUESTIONS I. AESTHETICS Existing Views and Visual Character The Project site is surrounded by an urbanized environment with the existing water pipelines extending generally in a north-south direction. As discussed previously, a new pipeline would be constructed to connect from the terminus of Nancita Circle in the south to a point in Highland Avenue to the north. The new pipeline would be constructed in two segments that would connect via an existing pipeline. The southern pipeline segment would be constructed from a point located in Veterans Way, would cross above the OCFCD Atwood Channel, and terminate in Nancita Circle. Commercial/industrial uses exist to the east, south, and west of the Placentia Veterans Village apartments and the Atwood channel. The northern pipeline segment would be constructed in a northerly direction across BNSF right- of-way to Orangethorpe Avenue. From here, the pipeline would jog southeasterly along Orangethorpe Avenue before turning northward into Highland Avenue. The pipeline would extend northerly along Highland Avenue and connect to an existing pipeline located in Highland Avenue. Adjacent to the northern pipeline segment is high-density residential (Placentia Veterans Village apartments); single-family residential to the north of East Orangethorpe Avenue and west of South Highland Avenue; and commercial and high-density residential uses to the east of South Highland Avenue. Please refer to Exhibits 4a through 4d, Site Photographs, which provide photographs from several vantage points and depicts the overall existing character of the site and surrounding areas from public views. Southern Segment View 1 – View from Nancita Circle, Looking North. As shown on Exhibit 4a, View 1 shows the cul-de-sac on Nancita Circle at the proposed terminus of the southern pipeline segment. Commercial/industrial buildings are visible to the east and west of a private driveway along with a single mature tree and ornamental landscaping. On the north end of the driveway, a green fence is visible which divides the properties from the Atwood Channel. The Placentia Veterans Village apartments, mature trees south and north of the apartments, light posts, and various electrical lines are visible to the northeast. Distant views include several rolling hills that are visible to the northeast from this location. View 2 – View from Veterans Way, Looking Southeast. As shown on Exhibit 4a, View 2 depicts the OCFCD Atwood Channel looking south from the sidewalk along the south side of Veterans Way. In the foreground, is a chain link fence located along the northern side of the channel. An existing YLWD water main and pipe supports is visible in the center of the view, crossing above the channel. Atwood Channel extends to the east and west and visible features of the channel include standing water, limited ornamental landscaping, and rock- and dirt-lined embankments. South of the Atwood Channel is a green fence surrounding the Channel. Two commercial/industrial buildings and mature trees are visible in the distance to the southeast. View 3 – View from Veterans Way, Looking North. As shown on Exhibit 4b, View 2 depicts the Placentia Veterans Village apartments from the cul-de-sac on Veterans Way. The foreground view is dominated by the Veterans Way cul-de-sac, sidewalks, wrought iron fence surrounding the apartment complex, an entrance/exit gate, light poles, and signage. Additionally, there is partial view of a brick wall separating the apartment parking lot and a commercial property to the east. Ornamental landscaping and bushes are interspersed on and in front of the apartments. A Page 86 of 334 Page 87 of 334 Page 88 of 334 Page 89 of 334 Page 90 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-2 Discussion of Environmental Checklist Questions train is visible heading east on the rail line. In the distance are mature trees, electrical lines, and partial views of hills to the east. Northern Segment View 4 – View from South Highland Avenue, Looking South. As shown on Exhibit 4c, View 4 depicts the intersection of South Highland Avenue and East Orangethorpe Avenue from South Highland Avenue looking south. As shown in the photograph, a train is traveling parallel to East Orangethorpe Avenue in a westward direction. Sidewalks are visible along the east and west sides of South Highland Avenue, as well as mature trees, ornamental landscaping, light poles, electrical lines, and signage. Beyond the rail line is a partial view of the Placentia Veterans Village apartments between two train cars. View 5 – View from South Highland Avenue, Looking South. As shown on Exhibit 4c, View 5 shows South Highland Avenue, existing single-family residential uses to the east and commercial/retail one-story buildings to the west. Sidewalks on either side of South Highland Avenue, mature trees, and grass are also visible. Distant views show industrial buildings, light poles, and electrical poles at the corner of South Highland Avenue and East Orangethorpe Avenue. View 6 – View from South Highland Avenue and East Orangethrope Avenue, Looking North. As shown on Exhibit 4d, View 6 shows single-story commercial buildings, a driveway, sidewalk, mature trees and ornamental landscaping on the eastern side of South Highland Avenue. Additionally, along the west side of the street, a sidewalk, light pole, and a landscaped slope with mature trees leading to a block wall are visible. Distant views to the north along South Highland Avenue include high-density apartments on the eastern side of South Highland Avenue and additional residential uses in the distance. IMPACT ANALYSIS Would the Project: a) Have a substantial adverse effect on a scenic vista? No Impact. The City of Placentia’s General Plan Land Use Element includes policies directed at the preservation of aesthetic character in the City; however, there are no scenic vistas identified in the City or the vicinity of the Project site (Placentia 2019b). Due to the nature of the proposed Project, which includes the construction of a new waterline and associated channel crossing, and because no scenic vistas are identified in the City or Project vicinity, no impacts would occur, and no mitigation is required. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? No Impact. The City’s General Plan Mobility Element identifies State Route (SR) 90 and SR-57 as intersecting the City of Placentia (Placentia 2019d). According to the California Department of Transportation’s (Caltrans’) California Scenic Highway Mapping System, SR-91 is a scenic highway with segments classified as Officially Designated and Eligible in the Counties of Orange and Riverside. Additionally, SR-57 is an Eligible scenic highway in the County of Orange (Caltrans 2022). However, the Officially Designated and Eligible scenic highway segments of SR-91 and SR-57 do not extend into the City and are not visible from the Project site. SR-91 (Officially Designated) is approximately 1.0 mile south; SR-91 (designated Eligible) is approximately Page 91 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-3 Discussion of Environmental Checklist Questions 3.25 miles to the east; and SR-57 (designated Eligible) is approximately 4.75 miles northwest from the Project site. As discussed in the response to CEQA Checklist Question I.(a), the proposed Project proposes to construct a new waterline and associated channel crossing. Except for the crossing of Atwood Channel, the proposed pipeline would be constructed beneath the ground surface and, following construction, would not be visible. The proposed pipeline would extend above the Atwood Channel; however, the pipeline would be constructed adjacent to an existing water main crossing and utilize the same pipeline supports. Therefore, the Project would not substantially alter the visual character of the area. Further, the Project would not obstruct views during operation. Views of the proposed pipeline alignment from the scenic highway segments of SR-91 and SR-57 would be obstructed by intervening topography, the existing urban environment, and the physical distance. Therefore, motorists traveling along SR-91 or SR-57 would be unaffected by the Project. No impacts would occur, and no mitigation is required. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No Impact. The Project is located in an urbanized area surrounded by commercial, industrial, high and low density residential uses, as well as infrastructure including the BSNF rail line and the OCFCD Atwood Channel. Exhibit 4a through 4c, Site Photographs, depict the existing visual character and urban setting of the proposed pipeline alignment. As discussed in the response to CEQA Checklist Question I.(a), the proposed Project would include the construction of two segments of a new waterline. Some ornamental trees and landscaping within the Project site may require removal during construction activities; however, the visual appearance of the Project from surrounding areas would remain largely unchanged. Upon completion of the Project, all landscaping and hardscape, including roads and driveways, would be restored to current conditions. No impact would occur related to the visual character or quality of the site or surrounding areas, and no mitigation is required. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact. As discussed in the response to CEQA Checklist Question I.(a), the proposed Project includes the construction of a new waterline and associated channel crossing. Project construction would occur during daytime hours in accordance with local ordinances; therefore, no temporary construction lighting would be used. No permanent lighting would be associated with operation of the proposed waterline and channel crossing. Further, the majority of the pipeline would be located underground and the portion that would be visible (i.e., the pipeline segment proposed to cross above Atwood Channel) would consist of non-reflective materials and coatings to reduce the potential for glare. Therefore, no impact would occur related to the light or glare that would adversely affect day or nighttime views in the area, and no mitigation is required. Page 92 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-4 Discussion of Environmental Checklist Questions II. AGRICULTURE AND FOREST RESOURCES IMPACT ANALYSIS Would the Project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. Based on a review of the California Department of Conservation Farmland Mapping and Monitoring Program (FMMP 2016), the Project site is designated as Urban and Built-Up Land. A small parcel of land located northeast of the Project site along Lakewood Avenue, south of Via Madera Avenue, is designated as Unique Farmland, but has since been developed with residential uses. The nearest land not designated as Urban and Built-Up Land is Yorba Linda Lake (designated as Other Land), located approximately 0.25 miles northeast of the Project. Further, as described in Section 2.1, Project Location and Surrounding Uses, the Project site is surrounded by an urbanized environment. Therefore, there is no land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance on or near the Project site. No impact would occur, and no mitigation is required. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. According to the City’s General Plan Conservation Element, the existence of row crops (predominantly strawberries and oranges) exists in the City, but not in significant quantities (Placentia 2019a). These crops are not currently in production on the Project site. Further, the Project is surrounded by a mixture of urban land uses, as shown on the City’s General Plan Land Use Map and described in Section 2.1, Project Location and Surrounding Uses. Along South Highland Avenue, medium density residential exists to the west and commercial uses are to the east. High density residential uses are located directly south of East Orangethorpe Avenue and the BSNF rail line; and industrial uses are located south of the OCFCD Atwood Channel (Placentia 2019c). Therefore, the site is not within a Williamson Act contract and would not conflict with existing zoning for agricultural use or a Williamson Act contract. No impact would occur, and no mitigation is required. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? and d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. According to Section 12220(g) of the California Public Resources Code, “forest land is land that can support 10 percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits”. The Project site is located in an urbanized area, does not support timber or forest uses, and does not meet the definition of forest land; therefore, no impacts would occur, and no mitigation is required. Page 93 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-5 Discussion of Environmental Checklist Questions e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? No Impact. As discussed previously in the response to CEQA Checklist Question II.(b), the proposed Project site is not designated as farmland of significance and is not being used for agricultural production. There are areas in the City that are currently used for minor agricultural purposes; however, proposed Project actions would not convert these areas to non-agricultural use. Further, there are no forest lands in the vicinity of the Project site; therefore, the Project would not convert forest land to non-forest use. No impacts would occur, and no mitigation is required. III. AIR QUALITY Existing Conditions The Project site is located within the South Coast Air Basin (SoCAB) and is under the jurisdiction of the South Coast Air Quality Management District (AQMD). Both the State of California and the United States Environmental Protection Agency (USEPA) have established health-based Ambient Air Quality Standards (AAQS) for air pollutants, which are known as “criteria pollutants”. The AAQS are designed to protect the health and welfare of the populace within a reasonable margin of safety. The AAQS for ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), respirable particulate matter with a diameter of 10 microns or less (PM10), fine particulate matter with a diameter of 2.5 microns or less (PM2.5), and lead are shown in Table 1. Page 94 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-6 Discussion of Environmental Checklist Questions TABLE 1 CALIFORNIA AND FEDERAL AMBIENT AIR QUALITY STANDARDS Pollutant Averaging Time California Standards Federal Standards Primarya Federal Standards Secondaryb O3 1 Hour 0.09 ppm (180 µg/m3) – – O3 8 Hour 0.070 ppm (137 µg/m3) 0.070 ppm (137 µg/m3) Same as Primary PM10 24 Hour 50 µg/m3 150 µg/m3 Same as Primary PM10 AAM 20 µg/m3 – Same as Primary PM2.5 24 Hour – 35 µg/m3 Same as Primary PM2.5 AAM 12 µg/m3 12.0 µg/m3 15.0 µg/m3 CO 1 Hour 20 ppm (23 mg/m3) 35 ppm (40 mg/m3) – CO 8 Hour 9.0 ppm (10 mg/m3) 9 ppm (10 mg/m3) – CO 8 Hour (Lake Tahoe) 6 ppm (7 mg/m3) – – NO2 AAM 0.030 ppm (57 µg/m3) 0.053 ppm (100 µg/m3) Same as Primary NO2 1 Hour 0.18 ppm (339 µg/m3) 0.100 ppm (188 µg/m3) – SO2 24 Hour 0.04 ppm (105 µg/m3) 0.14 ppm – SO2 3 Hour – – 0.5 ppm (1,300 µg/m3) SO2 1 Hour 0.25 ppm (655 µg/m3) 0.075 ppm (196 µg/m3) – Lead 30-day Avg. 1.5 µg/m3 – – Lead Calendar Quarter – 1.5 µg/m3 Same as Primary Lead Rolling 3-month Avg. – 0.15 µg/m3 Same as Primary Visibility Reducing Particles 8 hour Extinction coefficient of 0.23 per km – visibility ≥ 10 miles (0.07 per km – ≥30 miles for Lake Tahoe) No Federal Standards No Federal Standards Sulfates 24 Hour 25 µg/m3 No Federal Standards No Federal Standards Hydrogen Sulfide 1 Hour 0.03 ppm (42 µg/m3) No Federal Standards No Federal Standards Vinyl Chloride 24 Hour 0.01 ppm (26 µg/m3) No Federal Standards No Federal Standards O3: ozone; ppm: parts per million; µg/m3: micrograms per cubic meter; PM10: respirable particulate matter; AAM: Annual Arithmetic Mean; –: No Standard; PM2.5: fine particulate matter; CO: carbon monoxide; mg/m3: milligrams per cubic meter; NO2: nitrogen dioxide; SO2: sulfur dioxide; km: kilometer. a National Primary Standards: The levels of air quality necessary, within an adequate margin of safety, to protect the public health. b National Secondary Standards: The levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. Note: More detailed information in the data presented in this table can be found at the CARB website (www.arb.ca.gov). Source: CARB 2016. Regional air quality is defined by whether the area has attained or not attained State and federal air quality standards, as determined by air quality data from various monitoring stations. Areas that are considered in “nonattainment” are required to prepare plans and implement measures that will bring the region into “attainment”. When an area has been reclassified from nonattainment to attainment for a federal standard, the status is identified as “maintenance”, and there must be a plan and measures established that will keep the region in attainment for the following 10 years. Page 95 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-7 Discussion of Environmental Checklist Questions For California Air Resources Board (CARB), an “Unclassified” designation indicates that the air quality data for the area are incomplete and do not support a designation of attainment or nonattainment. Table 2 summarizes the attainment status of the SoCAB for the criteria pollutants. TABLE 2 CRITERIA POLLUTANT DESIGNATIONS IN THE SOUTH COAST AIR BASIN Pollutant State Federal O3 (1-hour) Nonattainment Extreme Nonattainment O3 (8-hour) Nonattainment Extreme Nonattainment PM10 Nonattainment Attainment/Maintenance PM2.5 Nonattainment Serious Nonattainment CO Attainment Attainment/Maintenance NO2 Attainment Attainment/Maintenance SO2 Attainment Attainment Lead Attainment Nonattainment/Attainmenta Visibility-Reducing Particles Unclassifiedb No Standards Sulfates Attainment No Standards Hydrogen Sulfide Unclassified No Standards O3: ozone; PM10: respirable particulate matter with a diameter of 10 microns or less; PM2.5: fine particulate matter with a diameter of 2.5 microns or less; CO: carbon monoxide; NO2: nitrogen dioxide; SO2: sulfur dioxide; CARB: California Air Resources Board; SoCAB: South Coast Air Basin. a Los Angeles County is classified as nonattainment for lead; the remainder of the SoCAB is in attainment of State and federal standards. b “Unclassified” designation indicates that the air quality data for the area are incomplete and do not support a designation of attainment or nonattainment. Source: CARB 2017, USEPA 2019. O3 is formed by photochemical reactions between Nitrogen Oxides (NOx) and volatile organic compounds (VOCs) rather than being directly emitted. O3 is the principal component of smog. Elevated O3 concentrations cause eye and respiratory infection; reduce resistance to lung infection; and may aggravate pulmonary conditions in persons with lung disease. O3 is also damaging to vegetation and untreated rubber. The entire SoCAB is designated as a nonattainment area for the State one-hour O3 standard. CO is formed by the incomplete combustion of fossil fuels, almost entirely from automobiles. It is a colorless, odorless gas that can cause dizziness, headaches, and fatigue. The SoCAB is designated as an attainment area for federal CO standards. NO2 (a “whiskey brown”-colored gas) and nitric oxide (NO) (a colorless, odorless gas) are formed from combustion devices. These compounds are referred to as NOx. NOx is a primary component of the photochemical smog reaction. The severity of health effects of NOx depends primarily on the concentration inhaled. Acute symptoms can include coughing, difficulty breathing, vomiting, headache, and eye irritation. Respiratory symptoms may also increase in severity after prolonged exposure. SO2 is a corrosive gas that is primarily formed from the combustion of fuels containing sulfur (e.g., from power plants) and heavy industry that use coal or oil as fuel. SO2 irritates the respiratory tract and can result in lung disease and breathing problems for asthmatics. Atmospheric SO2 also contributes to acid rain. Page 96 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-8 Discussion of Environmental Checklist Questions Lead is found in old paints and coatings, plumbing, and a variety of other materials including gasoline anti-knock additives. Once in the blood stream, lead can cause damage to the brain, nervous system, and other body systems. Children are highly susceptible to the effects of lead. However, lead emissions have significantly decreased due to the near elimination of the use of leaded gasoline. Particulate matter is the term used for a mixture of solid particles and liquid droplets found in the air. Respirable particulate matter (i.e., PM10) derives from a variety of sources including road dust from paved and unpaved roads; diesel soot; combustion products; tire and brake abrasion; construction operations; and fires. Fuel combustion and certain industrial processes are primarily responsible for fine particle (i.e., PM2.5) levels. Coarse particles (PM10) can accumulate in the respiratory system and aggravate health problems such as asthma. PM2.5 can deposit itself deep in the lungs and may contain substances that are harmful to human health. Toxic air contaminants (TACs) are a diverse group of air pollutants that may cause or contribute to an increase in deaths or in serious illness or that may pose a present or potential hazard to human health. TACs may be emitted from a variety of common sources, including motor vehicles, gasoline stations, dry cleaners, industrial operations, painting operations, and research and teaching facilities. TACs are different than the “criteria” pollutants previously discussed in that AAQS have not been established for them. TACs occurring at extremely low levels may still affect health, and it is typically difficult to identify levels of exposure that do not produce adverse health effects. TAC impacts on human health are described by having carcinogenic risk and being chronic (i.e., of long duration) or acute (i.e., severe but of short duration). Diesel particulate matter (diesel PM) is a TAC and is responsible for the majority of California’s known cancer risk from outdoor air pollutants. The effects from air pollution can be significant, both in the short-term during smog alerts, but also from long-term exposure to pollutants. While most of the populace can overcome short-term air quality health concerns, selected segments of the population are more vulnerable to its effects. Specifically, young children, the elderly, and persons with existing health problems are most susceptible to respirator complications. Air quality data for the Project site is represented by the La Habra Monitoring Station. Pollutants measured at the La Habra Monitoring Station include CO, O3, and NO2. PM10, and PM2.5 were not measured at this location. The monitoring data presented in Table 3, Air Quality Levels Measured at the La Habra Monitoring Station, were obtained from CARB (CARB 2022). Federal and State air quality standards are presented with the frequency that may be exceeded. Page 97 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-9 Discussion of Environmental Checklist Questions TABLE 3 AIR QUALITY LEVELS MEASURED AT THE LA HABRA MONITORING STATION Pollutant California Standard National Standard Year Max. Levela Days State Standard Exceeded Days National Standard Exceeded O3 (1 hour) 0.09 ppm None 2018 0.111 3 – O3 (1 hour) 0.09 ppm None 2019 0.107 2 – O3 (1 hour) 0.09 ppm None 2020 0.171 15 – O3 (8 hour) 0.070 ppm 0.070 ppm 2018 0.077 4 4 O3 (8 hour) 0.070 ppm 0.070 ppm 2019 0.094 6 6 O3 (8 hour) 0.070 ppm 0.070 ppm 2020 0.113 23 23 NO2 (1 Hour) 0.18 ppm 0.100 ppm 2018 0.067 0 0 NO2 (1 Hour) 0.18 ppm 0.100 ppm 2019 0.059 0 0 NO2 (1 Hour) 0.18 ppm 0.100 ppm 2020 0.057 0 0 CO (1 hour) 20 ppm 35 ppm 2018 3.0 0 0 CO (1 hour) 20 ppm 35 ppm 2019 2.6 0 0 CO (1 hour) 20 ppm 35 ppm 2020 2.1 0 0 CO (8 hour) 9 ppm 9 ppm 2018 1.4 0 0 CO (8 hour) 9 ppm 9 ppm 2019 1.2 0 0 CO (8 hour) 9 ppm 9 ppm 2020 1.2 0 0 –: Data Not Reported or insufficient data available to determine the value; O3: ozone; ppm: parts per million; NO2: nitrogen dioxide; CO: carbon monoxide. a California maximum levels were used. Source: USEPA 2019. Page 98 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-10 Discussion of Environmental Checklist Questions The data from the La Habra Monitoring Station shows that O3 is the air pollutant of primary concern in the Project area. At the monitoring station, the State 1-hour O3 standard was exceeded 3 days in 2018, 2 days in 2019, and 15 days in 2020. The State and federal 8-hour O3 standards were exceeded 4 days in 2018, 6 days in 2016, and 23 days in 2020. O3 is a secondary pollutant and is not directly emitted from a source; it occurs as the result of photochemical reactions from ozone precursors, which include VOCs, NO2 and sunlight. Sensitive receptors near the Project site (i.e., proposed pipeline alignment) include single-family residences. Significance Criteria Appendix G of the State CEQA Guidelines states that the significance criteria established by the applicable air quality management district may be relied upon to make significance determinations. The South Coast AQMD has established significance thresholds to assess the regional and localized impacts of Project-related air pollutant emissions; Table 4 presents the current significance thresholds. Page 99 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-11 Discussion of Environmental Checklist Questions TABLE 4 SOUTH COAST AQMD AIR QUALITY SIGNIFICANCE THRESHOLDS Mass Daily Thresholds - - Pollutants Construction Operation NOx 100 lbs/day 55 lbs/day VOC 75 lbs/day 55 lbs/day PM10 150 lbs/day 150 lbs/day PM2.5 55 lbs/day 55 lbs/day SOx 150 lbs/day 150 lbs/day CO 550 lbs/day 550 lbs/day Lead 3 lbs/day 3 lbs/day TACs, Odor, and GHG Thresholds - - TACs (including carcinogens and non-carcinogens) Maximum Incremental Cancer Risk ≥ 10 in 1 million Cancer Burden > 0.5 excess cancer cases (in areas ≥ 1 in 1 million) Chronic & Acute Hazard Index ≥ 1.0 (project increment) - Odor Project creates an odor nuisance pursuant to South Coast AQMD Rule 402 - GHG 10,000 MT/yr CO2e for industrial facilities - Ambient Air Quality Standards for Criteria Pollutantsb, c - - NO2  Maximum Incremental Cancer Risk ≥ 10 in 1 million  Cancer Burden > 0.5 excess cancer cases (in areas ≥ 1 in 1 million)  Chronic & Acute Hazard Index ≥ 1.0 (project increment) - - 1-hour average Project creates an odor nuisance pursuant to South Coast AQMD Rule 402 - annual arithmetic mean 10,000 MT/yr CO2e for industrial facilities PM10 24-hour average 10.4 µg/m3 (construction)c & 2.5 µg/m3 (operation) - annual average 1.0 µg/m3 PM2.5 24-hour average 10.4 µg/m3 (construction)c & 2.5 µg/m3 (operation) SO2 1-hour average 0.25 ppm (State) & 0.075 ppm (federal – 99th percentile) - 24-hour average 0.04 ppm (State) Sulfate 24-hour average 25 µg/m3 (State) CO South Coast AQMD is in attainment; project is significant if it causes or contributes to an exceedance of the following attainment standards: - - 1-hour average 20.0 ppm (State) and 35 ppm (federal) - 8-hour average 9.0 ppm (State/federal) Lead 30-day average 1.5 µg/m3 (State) - Rolling 3-month average 0.15 µg/m3 (federal) Page 100 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-12 Discussion of Environmental Checklist Questions NOx: nitrogen oxides; lbs/day: pounds per day; VOC: volatile organic compound; PM10: respirable particulate matter with a iameter of 10 microns or less; PM2.5: fine particulate matter with a diameter of 2.5 microns or less; SOx: sulfur oxides; CO: carbon monoxide; TACs: toxic air contaminants; GHG: greenhouse gases; South Coast AQMD: South Coast Air Quality Management District; MT/yr CO2e: metric tons per year of carbon dioxide equivalents; NO2: nitrogen dioxide; ppm: parts per million; µg/m3: micrograms per cubic meter; SO2: sulfur dioxide. a Source: South Coast AQMD CEQA Handbook (South Coast AQMD 1993) b Ambient air quality thresholds for criteria pollutants based on South Coast AQMD Rule 1303, Table A-2 unless otherwise stated c Ambient air quality threshold is based on South Coast AQMD Rule 403 Source: South Coast AQMD 2019. IMPACT ANALYSIS Would the Project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. Air quality in Orange County is regulated by the South Coast Air Quality Management District (South Coast AQMD), which is the agency principally responsible for comprehensive air pollution control in the SoCAB. The South Coast AQMD develops rules and regulations; establishes permitting requirements for stationary sources; inspects emissions sources; and enforces such measures through educational programs or fines, when necessary. The South Coast AQMD is directly responsible for reducing emissions from stationary (area and point), mobile, and indirect sources. It has responded to this requirement by preparing a sequence of Air Quality Management Plans (AQMPs). On March 3, 2017, the South Coast AQMD adopted the 2016 AQMP, which is a regional and multi-agency effort (South Coast AQMD, CARB, Southern California Association of Governments [SCAG], and USEPA). The 2016 AQMP incorporates the latest scientific and technical information and planning assumptions, including the 2016–2040 Regional Transportation Plan/Sustainable Communities Strategy; updated emission inventory methodologies for various source categories; and SCAG’s latest growth forecasts. The main purpose of an AQMP is to bring an area into compliance with the requirements of federal and State air quality standards. The two principal criteria for conformance to an AQMP are the following: 1. Whether the project would result in an increase in the frequency or severity of existing air quality violations; cause or contribute to new violations; or delay timely attainment of air quality standards and 2. Whether the project would exceed the assumptions in the AQMP. As noted previously in Table 2, the Orange County portion of the SoCAB is a nonattainment area for O3, PM10, and PM2.5. With respect to the first criterion, the following analyses demonstrate that the Project would not (1) generate short-term or long-term emissions of VOCs, oxides of nitrogen (NOx, which are O3 precursors), or PM2.5 that could potentially cause an increase in the frequency or severity of existing air quality violations; (2) cause or contribute to new violations; or (3) delay timely attainment of air quality standards. The South Coast AQMD has developed significance thresholds to determine whether State and federal air quality standards would be violated or whether a substantial contribution to a violation would occur. These significance thresholds have been developed for the construction and operations phases of the Project and examine the potential impacts of the Project’s emissions on both a regional and local context. As discussed in the response to CEQA Checklist Question III.B, both short- and long-term emissions associated with the Project would be below the regional and localized air quality significance adopted by the South Coast AQMD for CEQA evaluations. These South Coast AQMD significance thresholds were developed to assess whether an individual Page 101 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-13 Discussion of Environmental Checklist Questions project would individually or cumulatively contribute to exceedances of the ambient air quality standards. Therefore, regarding the first criterion for conformance to an AQMP, the Project would not (1) generate short-term or long-term emissions of VOCs, NOx, or PM2.5 that could potentially cause an increase in the frequency or severity of existing air quality violations; (2) cause or contribute to new violations; or (3) delay timely attainment of air quality standards. With respect to the second criterion, the Project would not increase or modify SCAG’s population, housing, or employment projections. The proposed Project is designed to develop redundant water pipeline infrastructure. Therefore, the Project would not directly affect population, housing, or employment projections and would be consistent with the region’s AQMP. There would be a less than significant impact, and no mitigation is required. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard? Less than Significant Impact. The Project is evaluated for construction and operations phase emissions against significance thresholds adopted by the South Coast AQMD in the following evaluations of potential air quality impacts for CEQA. Construction Emissions – Regional Criteria pollutant emissions would occur during construction from operation of construction equipment; grading and earth-moving activities, which would generate fugitive dust; export of excavated soil; import of construction materials; and operation of vehicles driven to and from the site by construction workers. Emissions would vary from day to day, depending on the level of activity; the specific type of construction activity occurring; and, for fugitive dust, prevailing weather conditions. A construction-period mass emissions inventory was compiled based on an estimate of construction equipment as well as scheduling and Project phasing assumptions. More specifically, the mass emissions analysis considers the following:  Combustion emissions from operating on-site stationary and mobile construction equipment;  Fugitive dust emissions from demolition, site preparation, and grading phases; and  Mobile-source combustion emissions and fugitive dust from worker commute and truck travel. Project emissions were estimated using the California Emissions Estimator Model (CalEEMod) version 2020.4.0 computer program (CAPCOA 2022). CalEEMod is designed to model construction and operational emissions for land development projects and allows for the input of project- and County-specific information. CalEEMod has separate databases for specific counties and air districts, and the Orange County database was used for the proposed Project. The mass emissions thresholds (see Table 4) are based on the rate of emissions (i.e., pounds of pollutants emitted per day). Therefore, the quantity, duration, and intensity of construction activity are important in ensuring the analysis of worst case (i.e., maximum daily emissions) scenarios. The Project activities (e.g., excavation, building) are identified by start date and duration. Each activity has associated off-road equipment (e.g., excavators, cranes) and on-road vehicles (e.g., haul trucks, concrete trucks, worker commute vehicles). Page 102 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-14 Discussion of Environmental Checklist Questions For the purposes of estimating emissions associated with construction activities, a 12-month timeframe was applied to the analysis. Construction hauling truck trips were estimated based on the phase length and amount of demolition debris and soil exported from the Project site. Project-specific inputs can be found in the CalEEMod output data, located in Appendix A of this IS/MND. Dust control by watering was assumed, consistent with the requirements of South Coast AQMD Rule 403. Maximum daily emissions for the peak workday are shown in Table 5, Estimated Maximum Daily Construction Emissions. If construction is delayed or occurs over a longer time period, emissions could be reduced because of (1) a more modern and cleaner-burning construction equipment fleet mix and/or (2) a less intensive buildout schedule (i.e., fewer daily emissions occurring over a longer time interval). As shown, all criteria pollutant emissions would be less than their respective thresholds. Thus, regional construction-related impacts would be less than significant. TABLE 5 ESTIMATED MAXIMUM DAILY CONSTRUCTION EMISSIONS (LBS/DAY) Maximum Daily Emissions VOC NOx CO SOx PM10 PM2.5 2022 1 6 7 <1 <1 <1 2023 1 9 9 <1 1 <1 Maximum 1 9 9 <1 1 <1 South Coast AQMD Daily Thresholds (Table 4) 75 100 550 150 150 55 Exceeds South Coast AQMD Thresholds? No No No No No No lbs/day: pounds per day; VOC: volatile organic compound(s); NOx: nitrogen oxides; CO: carbon monoxide; SOx: sulfur oxides; PM10: inhalable particulate matter with a diameter of 10 microns or less; PM2.5: fine particulate matter with a diameter of 2.5 microns or less; South Coast AQMD: South Coast Air Quality Management District. Source: CalEEMod data in Appendix A. Construction Emissions – Local/Ambient Air Quality The localized effects from the on-site portion of daily emissions were evaluated at receptor locations potentially impacted by the Project according to the South Coast AQMD’s localized significance threshold (LST) method, which utilizes on-site emissions rate look up tables and Project-specific modeling, where appropriate. LSTs are applicable to the following criteria pollutants: NO2, CO, PM10, and PM2.5. LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or State ambient air quality standard and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest receptor. For the LST CO and NO2 exposure analysis, receptors who could be exposed for one hour or more are considered. For PM10 and PM2.5 exposure analysis, receptors who could be exposed for 24 hours are considered. The mass rate look-up tables were developed for each source receptor area and can be used to determine whether a project may generate significant adverse localized air quality impacts. The South Coast AQMD provides LST mass rate look-up tables for projects that are less than or equal to five acres, which means this is the appropriate method for the Project. When quantifying mass emissions for localized analysis, only emissions that occur on site are considered. Consistent with the South Coast AQMD’s LST method guidelines, emissions related to off-site delivery/haul truck activity and employee trips are not considered in the evaluation of localized impacts. Page 103 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-15 Discussion of Environmental Checklist Questions As shown in Table 6, localized emissions for all criteria pollutants would be less than their respective South Coast AQMD LSTs for all pollutants. Thus, localized construction-related impacts would be less than significant, and no mitigation is required. TABLE 6 LOCALIZED CONSTRUCTION POLLUTANT EMISSIONS (LBS/DAY) - NOx CO PM10 PM2.5 Maximum Daily Emissions 8 8 <1 <1 South Coast AQMD LSTs* 103 522 4 3 Exceeds South Coast AQMD Thresholds? No No No No lbs/day: pounds per day; NOx: nitrogen oxides; CO: carbon monoxide; PM10: respirable particulate matter with a diameter of 10 microns or less; PM2.5: fine particulate matter with a diameter of 2.5 microns or less; South Coast AQMD: South Coast Air Quality Management District; LST: Localized Significance Threshold. * Thresholds for Source Receptor Area 20, Central Orange County Coastal, 1-acre site, 54-meter receptor distance Source: South Coast AQMD 2009. Long-Term Operational Emissions The Project would develop redundant water pipeline infrastructure. The Project does not involve the generation of additional day-to-day vehicle trips, except for infrequent inspection and maintenance related trips, nor would it require additional energy demands. Because the Project would not involve recurring air pollutant emissions during the operations phase, the impact related to long-term operational emissions would be less than significant, and no mitigation is required. c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. Exposure of sensitive receptors is addressed for the following situations: CO hotspots; criteria pollutants from on-site construction; and TACs from on-site construction. Carbon Monoxide Hotspot A CO hotspot is an area of localized CO pollution caused by severe vehicle congestion on major roadways, typically near intersections. If a project increases average delay at signalized intersections operating at level of service (LOS) E or F or causes an intersection that would operate at LOS D or better without the project to operate at LOS E or F with the project, a quantitative screening is required. As discussed in the response to CEQA Checklist Question III.b, operational traffic would be negligible. Thus, it may be inferred that the Project would neither cause new severe congestion nor significantly worsen existing congestion. There would be no potential for a CO hotspot or exposure of sensitive receptors to substantial, Project-generated local CO emissions. The impact would be less than significant, and no mitigation is required. Criteria Pollutants from On-Site Construction Exposure of persons to NO2, CO, PM10, and PM2.5 emissions is discussed in the LST analysis under CEQA Checklist Question III.b above. As discussed, there would be a less than significant impact, and no mitigation is required. Page 104 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-16 Discussion of Environmental Checklist Questions Toxic Air Contaminant (Diesel PM) Emissions from On-Site Construction Construction activities would result in short-term, Project-generated emissions of diesel PM from the exhaust of off-road, heavy-duty diesel equipment used for site preparation (e.g., demolition, excavation, and grading); paving; and building construction. CARB identified diesel PM as a TAC in 1998. The dose to which receptors are exposed is the primary factor used to determine health risk. Dose is a function of the concentration of a substance or substances in the environment and the duration of exposure to the substance. Thus, the risks estimated for a maximally exposed individual are higher if a fixed exposure occurs over a longer time period. According to the Office of Environmental Health Hazard Assessment, health risk assessments—which determine the exposure of sensitive receptors to TAC emissions—should be based on a 30- to 70-year exposure period; however, such assessments should be limited to the period/duration of activities associated with a project. For the Project, there would be few pieces of off-road, heavy-duty diesel equipment in operation, and the construction period would be short when compared to a 30- to 70-year exposure period. When considering these facts combined with the highly dispersive properties of diesel PM and additional reductions in particulate emissions from newer construction equipment, as required by USEPA and CARB regulations, it can be concluded that TAC emissions during construction of the Project would not expose sensitive receptors to substantial emissions of TACs. There would be a less than significant impact, and no mitigation is required. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less than Significant Impact. The Project would not result in other emissions that would affect a substantial number of people. Objectionable odors are generally associated with agricultural activities; landfills and transfer stations; the generation or treatment of sewage; the use or generation of chemicals; food processing; or other activities that generate unpleasant odors (South Coast AQMD 1993). The proposed Project would involve the development of redundant water pipeline infrastructure. None of the proposed Project elements would generate emissions that would lead to objectionable odors. Objectionable odors associated with operations would not change from the existing conditions. There would be a less than significant impact, and no mitigation is required. During construction, the proposed Project would operate equipment that may generate odors resulting from on-site construction equipment’s diesel exhaust emissions or paving operations. However, these odors would be temporary and would dissipate rapidly from the source with an increase in distance such that it would not be considered a public nuisance. The Project would also be regulated from nuisance odors and other objectionable emissions by South Coast AQMD Rule 402. Rule 402 prohibits discharge from any source of air contaminants or other material which would cause injury, detriment, nuisance, or annoyance to people or the public. Therefore, Project odors would be considered less than significant, and no mitigation is required. IV. BIOLOGICAL RESOURCES The California Native Plant Society’s (CNPS’s) Inventory of Rare and Endangered Vascular Plants of California (CNPS 2022) and the California Department of Fish and Wildlife’s (CDFW’s) California Natural Diversity Database (CDFW 2022) were reviewed prior to conducting a survey of the Project site to identify special status plants, wildlife, and habitats known to occur within the Project vicinity. Database searches included the U.S. Geological Survey’s Orange and Yorba Linda 7.5-minute quadrangles. Page 105 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-17 Discussion of Environmental Checklist Questions Psomas Senior Biologist Allison Rudalevige conducted a field survey on April 7, 2022, to document biological and jurisdictional water resources on the Project site. The area surveyed consists of a 100-foot buffer on either side of the northern and southern pipeline segments. Ornamental landscaping is associated with developed areas and includes species such as pine (Pinus sp.), coast live oak (Quercus agrifolia), India hawthorn (Raphiolepis indica), pride of Madeira (Echium candicans), freeway iceplant (Carpobrotus edulis), rosemary (Salvia rosmarinus), bougainvillea (Bougainvillea sp.), and turf grass. A small patch (i.e., approximately 900 sf) of ruderal/non-native grass intermixed with native species occurs on the north side of Veterans Way just east of its terminus. Non-native species include wall barley (Hordeum murinum), ripgut grass (Bromus diandrus), red brome (Bromus rubens), Bermuda grass (Cynodon dactylon), shortpod mustard (Hirschfeldia incana), Russian thistle (Salsola tragus), tocalote (Centaurea melitensis), cheeseweed (Malva parviflora), and redstem filaree (Erodium cicutarium); native species include scattered California poppy (Eschscholzia californica), miniature lupine (Lupinus bicolor), and jimson weed (Datura wrightii). In general, the Project site provides limited habitat value for wildlife as it is comprised almost entirely of developed areas and ornamental vegetation. Only wildlife species acclimated to an urban environment are expected to occur on the Project site. Bird species observed in the vicinity during the survey include mallard (Anas platyrhynchos), mourning dove (Zenaida macroura), and American crow (Corvus brachyrhynchos). Common amphibian species that may occur in Atwood Channel include California toad (Anaxyrus boreas halophilus). Common reptile species that may occur in the vicinity include western fence lizard (Sceloporus occidentalis), side-blotched lizard (Uta stansburiana), and alligator lizard (Elgaria multicarinata). Small mammal species that may occur in the vicinity include the California ground squirrel (Spermophilus beecheyi) and deer mouse (Peromyscus sp.). Medium- to large-sized mammals that may occur in the vicinity include coyote (Canis latrans), northern raccoon (Procyon lotor), and striped skunk (Mephitis mephitis). IMPACT ANALYSIS Would the Project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Less than Significant Impact. The Project site is comprised almost entirely of developed areas with only ornamental vegetation. The approximate 900-sf area containing a mix of native and non- native species is too small and disconnected from larger areas of native vegetation to provide suitable habitat for special status species. Additionally, this area was developed prior to construction of Veterans Way between 2014 and 2015. Chaparral sand verbena (Abronia villosa var. aurita; California Rare Plant Rank 1B.1) has been historically reported approximately one mile from the Project site (CDFW 2022). No current observations have been made from this portion of Orange County; records are from 1935 or prior. Suitable habitat for this species is not present on the Project site. No other special status plant species have been reported in the immediate Project vicinity; most special status plant species occurrences reported from the literature review occur in the Santa Ana Mountains and foothills, east of the Project site. Due to the highly disturbed nature of the Project site and lack of natural habitat, special status plant species are not expected to occur on the Project site. Therefore, there would be no significant impact on special status plant species, and no mitigation would be required. Page 106 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-18 Discussion of Environmental Checklist Questions Santa Ana sucker (Catostomus santaanae; federally Threatened species) has been reported approximately 1.3 mile from the Project site in the Santa Ana River (CDFW 2022). However, the Atwood Channel does not provide suitable habitat for this species and the connection between the Santa Ana River and Atwood Channel does not provide suitable habitat; therefore, Santa Ana sucker is not expected to occur on the Project site. Therefore, there would be no significant impact on this species, and no mitigation would be required. California least tern (Sternula antillarum browni; federally and State Endangered species; Fully Protected species) has been reported nesting on islands at large groundwater recharge basins within two miles of the Project site (CDFW 2022). While there is potential for the species to forage along the Atwood Channel, there is no suitable nesting habitat on the Project site. Active construction may temporarily make a small amount of foraging habitat unavailable, but there is comparable and higher quality habitat in the Project vicinity and Project impacts would not result in the permanent loss of foraging habitat for this species. Therefore, there would be no significant impact on this species, and no mitigation would be required. Suitable habitat is not present on the Project site for other special status wildlife species reported in the literature review. Therefore, there would be no significant impact on special status wildlife species, and no mitigation would be required. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Services? and c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less Than Significant With Mitigation. The Project proposes to construct a portion of the new pipeline across and above Atwood Channel. A jurisdictional delineation was performed on April 7, 2022; see Appendix B for the full report. Based on the results of the jurisdictional delineation, the Atwood Channel contains wetland and non-wetland waters of the United States under the regulatory authority of the U.S. Army Corps of Engineers (USACE), wetland and non-wetland waters of the State under the regulatory authority of the Regional Water Quality Control Board (RWQCB), and waters under the regulatory authority of the CDFW. Based on current Project plans, the new pipeline would span Atwood Channel. Therefore, there are no anticipated direct impacts on areas under the jurisdiction of the USACE, the RWQCB, or the CDFW, and no permits/certifications/agreements from these agencies would be required. If Project design changes require modifications to the Atwood Channel, then permit authorization from the regulatory authorities would be required. Any change to water quality could affect biological resources (e.g., wetlands) that occur in the Atwood Channel. During construction, runoff carrying excessive silt or petroleum residues from construction equipment have the potential to impact water quality. Impacts on water quality or increases in dust would be considered potentially significant. As discussed in Section X, Hydrology and Water Quality, YLWD would require the Construction Contractor to include Best Management Practices (BMPs) in the Stormwater Pollution Prevention Plan (SWPPP) for the Project to minimize soil erosion and sedimentation from the Project site. Implementation of MM HYDRO-1, detailed in Section X, Hydrology and Water Quality, which requires preparation of a SWPPP and BMPs, would be required to reduce this impact to a less than significant level. Page 107 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-19 Discussion of Environmental Checklist Questions d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less than Significant Impact. The Project site is currently developed and is surrounded by other developed areas. Common, urban-acclimated wildlife species may move through the area, particularly along the Atwood Channel and rail line. Construction noise may deter wildlife from using these areas. However, most wildlife movement would occur at night when construction activities would not occur. Therefore, there may be a temporary adverse impact on wildlife movement, but impacts would be less than significant, and no mitigation would be required. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant With Mitigation. On July 20, 2020, the City Council adopted the Urban Forest Protection Ordinance via Ordinance No. O-2020-04 amending Title 14 of the Placentia Municipal Code. This ordinance regulates the planting, removal, and maintenance of City trees by anyone other than the City. A “City tree” is defined as any tree which is located in a place or area under ownership or control of the City including, but without limitation, to streets, parkways, open space, and City-owned property. Under this ordinance, the removal of any City tree requires City review and approval. Based on current Project plans, one tree would be removed and replaced. However, this tree is located on private property and so would not fall under the provisions of the City Ordinance and an impact would not occur. Raptor species (i.e., birds of prey) have potential to nest in ornamental trees within and adjacent to the Project site. If construction occurs during the raptor nesting season (i.e., February 1 to June 30), the loss of an active nest of any raptor species, including common raptor species, would be considered a violation of Sections 3503, 3503.5, and 3513 of the California Fish and Game Code and would be a significant impact. Implementation of MM BIO-1 which requires vegetation removal outside of the breeding season or establishing a protective buffer until the nest is no longer active would be required to reduce this impact to a less than significant level. Other common bird species also have potential to nest in ornamental trees and shrubs within and adjacent to the Project site; ground-nesting birds such as killdeer (Charadrius vociferus) may also occur. The Migratory Bird Treaty Act (MBTA) protects the taking of migratory birds and their nests and eggs. Bird species protected under the provisions of the MBTA are identified by the List of Migratory Birds (Code of Federal Regulations, Title 50, §10.13). Any impact on an active bird nest would be considered a violation of the MBTA and would be considered significant. Implementation of MM BIO-1 would be required to reduce this impact to a less than significant level. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? No Impact. The Project site is not located within the boundary of a Habitat Conservation Plan, Natural Community Conservation Plan, or other approved conservation plan. Therefore, there would be no impact. Page 108 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-20 Discussion of Environmental Checklist Questions MITIGATION PROGRAM Mitigation Measures MM BIO-1 To the extent possible, vegetation removal will be conducted during the non-breeding season (September 1 to January 31) in order to minimize direct impacts on nesting birds and raptors. If construction activities would be initiated during the breeding season for nesting birds/raptors (i.e., February 1–August 31), a pre-construction survey will be conducted by a qualified Biologist within five days prior to the initiation of construction (including demolition of structures). The nesting bird/raptor survey area will include a buffer of 300 feet around the work area for nesting birds and a buffer of 500 feet around the work area for nesting raptors (including burrowing owl). If no active nests are found, no further mitigation will be required. If the Biologist finds an active nest within or immediately adjacent to the construction area, and determines that the nest may be impacted or breeding activities substantially disrupted by increased activity around the nest, the Biologist will determine an appropriate protective buffer around the nest depending on the sensitivity of the species and the nature of the construction activity. The protective buffer shall be between 25 to 300 feet for nesting birds; 300 to 500 feet for nesting raptors. The active nest will be protected within the designated buffer until nesting activity has ended. Any protective buffers will be mapped on construction plans and designated as “Environmentally Sensitive Areas”. Construction can proceed within the protective buffer when the qualified Biologist has determined that the nest is no longer active (i.e., fledglings have left the nest or the nest has failed). V. CULTURAL RESOURCES Information in the section is based upon the records searches and literature reviews of information available from the South-Central Coastal Information Center (SCCIC) and the Native American Heritage Commission (NAHC), compiled as Appendix C to this IS/MND. South-Central Coastal Information Center Cultural Resources Records and Literature Review A literature review of documents on file at the SCCIC at California State University, Fullerton was completed on May 24, 2022. The results of the record search yielded 13 studies (Table 7) within a half mile from the Project site. In general, these studies consisted of archaeological reconnaissance or cultural resource assessments conducted between 1967–2014. Two studies (OR-02558 and OR-04104) reviewed the Project site as part of an overview study of the geographic area. Page 109 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-21 Discussion of Environmental Checklist Questions TABLE 7 CULTURAL RESOURCES STUDIES WITHIN ½-MILE OF THE PROJECT SITE Report Number Year and Author Report Title Proximity to Project Site OR-00168 Scientific Resource Surveys, Inc. (1977) Archaeological Survey Report on Parcels 1, 2, and 3 (4.8 Acres) of Lot 14 in Block 36 of the Yorba Linda Tract in the County of Orange Outside OR-00203 Archaeological Associates, Ltd. (1978) Ultrasystems Project #: Archaeological Report Outside OR-00557 N/A (1967) Report on an Archaeological Survey in the Orchard Drive Watershed Outside OR-01596 University of California, Los Angeles (1974) Preliminary Report of the Potential Impact on Archaeological Resources of the Proposed Gas Transmission Pipeline From Los Angeles Harbor to Yorba Linda - Southern California Gas Co.: Environmental Analysis Outside OR-02256 Archaeological Resource Management Corp. (1999) Cultural Resources Assessments for Orange County Sanitation Districts Outside OR-02501 LSA Associates, Inc. (1994) Cultural Resources Assessment for Five Vacant Lots and 42 Potential Historic Buildings Within the Northeast Anaheim Redevelopment Area, Orange County, California Outside OR-02558 LSA Associates, Inc. (2002) Cultural Resource Assessment: Orange County Water District Lakeview Water Transfer Pipeline Project, Cities of Placentia and Anaheim, County of Orange, Ca Within OR-02788 EarthTouch, LLC. (2002) Cultural Resource Assessment for the Orangethorpe (cinsna-58) Cellular Facility in Placentia, California Outside OR-03104 W.H. Bonner Associates (2002) Records Search Results for Cingular Wireless Site Sc-105-03 (the OC Rebuilding Site), Located at 4616 E. La Palma, Anaheim, Orange County, California Outside OR-03533 Cellular Archaeological Resource Evaluations (2008) A Records Search and Field Reconnaissance for the Proposed Bechtel Wireless Telecommunications Site OC0192 (Silver State Trailways), Located at 701 South Fee Ana Street, Placentia, California 92870. Outside OR-03612 SWCA Environmental Consultants, Inc. (2003) A Cultural Resources Literature Review and Field Reconnaissance for the Proposed Mariposa Senior Citizen Apartment Complex, Located in Yorba Linda, California Outside OR-04043 IBI Group (1993) Northeast Area Specific Plan No. 93-1 and Draft Program Environmental Impact Report No. 317 Outside OR-04079 Marsh and Associates (1988) Placentia Historic Resources Survey Outside OR-04104 City of Placentia and Placentia Historical Committee (2002) Historic Resource Inventory for the City of Placentia: Update 2002 Within OR-04326 BonTerra Psomas (2014) Highland Reservoir Cultural Resources Report Outside Source: SCCIC 2022. One historical resource was identified within the Project site. This historic structure was identified as a house located at 1924 East Orangeview Avenue in the City of Placentia. Additionally, the literature review and record search at the SCCIC identified one other resource (P-30-000593) within a half-mile of the Project site (refer to Table 8) and outside of the proposed area of work. Page 110 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-22 Discussion of Environmental Checklist Questions This cultural resource is a prehistoric site described as a lithic scatter (remnants of stone tool production) with habitation debris. The archaeological artifacts documented on the surface of the site were collected by California State University in 1975. TABLE 8 CULTURAL RESOURCES WITHIN ½-MILE OF THE PROJECT SITE Primary/Trinomial Number Recorder/Year Resource Description Age Proximity to Project Site P-30-000593/CA- ORA-000593 1975, California State University, Fullerton Lithic scatter and habitation debris Prehistoric Outside P-30-176738 2003, LSA Associates, Inc. 1924 East Orangeview Avenue Placentia, CA 92870 Historic Within Source: SCCIC 2022. Native American Heritage Commission Sacred Lands File Search Psomas submitted a request to the NAHC on February 22, 2022, to review the Sacred Lands File database regarding the possibility of Native American cultural resources and/or sacred places in the project vicinity that are not documented on other databases. The results from the NAHC were received on April 4, 2022. Based on revisions to the project location, updated results from the NAHC were received on May 19, 2022. The results of the Sacred Lands File (SLF) search conducted through the NAHC were positive. The NAHC recommends that the lead agency contact the Juaneño Band of Mission Indians Acjachemen Nation – Belardes, in addition to any tribes that are traditionally and culturally affiliated with the geographic area. YLWD contacted the tribes listed on their consultation list on April 19, 2022. The consultation results are discussed in Section XVIII, Tribal Cultural Resources. IMPACT ANALYSIS Would the Project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? No Impact. A significant impact could occur if the Project were to disturb historic resources that presently exist within the Project site. Section 15064.5 of the CEQA Guidelines generally defines a historic resource as a resource that is (1) listed in or determined to be eligible for listing in the California Register of Historical Resources (California Register); (2) included in a local register of historical resources (pursuant to Section 5020.1(k) of the Public Resources Code); or (3) identified as significant in an historical resources survey (meeting the criteria in Section 5024.1(g) of the Public Resources Code). Additionally, any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be considered to be an historical resource, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register. The California Register automatically includes all properties listed in the National Register of Historic Places and those formally determined to be eligible for listing in the National Register. The SCCIC record search and literature review identified one built structure that may be considered a historic resource near the Project site. This historic structure was identified as a Page 111 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-23 Discussion of Environmental Checklist Questions house located at 1924 East Orangeview Avenue in the City of Placentia. However, this property has since been demolished and rebuilt with apartments. Therefore, the Project will not cause an adverse change in the significance of a historical resource. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Less than Significant With Mitigation. A significant impact could occur if grading or excavation activities associated with the Project were to disturb archaeological resources that presently exist within the Project site. There are no known archaeological sites on the Project site. The SCCIC record search and literature review identified one prehistoric archaeological resource located within a half-mile of the Project site. As such, there is the possibility that undiscovered intact archaeological resources may be present below the surface in native sediments. These potential effects would be mitigated to a less than significant level with the implementation of MM CULT-1 requiring evaluation of a resources by a qualified professional archaeologist. c) Disturb any human remains, including those interred outside of formal cemeteries? Less than Significant With Mitigation. A significant impact could occur if grading or excavation activities associated with the Project were to disturb previously interred human remains. The Project site is located within a developed area that has been subject to earth-moving activities in the past, and no known burial sites are located on or adjacent to the Project site. In the unlikely event of an unanticipated encounter with human remains in Project site, the California Health and Safety Code and the California Public Resources Code require that any activity in the area of a potential find be halted and the Orange County Coroner be notified, as described in MM CULT-2. Implementation of MM CULT-2 would reduce this impact to a less than significant level. MITIGATION PROGRAM Mitigation Measures MM CULT-1 In the event that cultural (archaeological) resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery and the contractor shall contact YLWD immediately. YLWD shall (a) retain a qualified professional archaeologist, and (b) contact the Tribal Monitor, for both to evaluate the significance of the find, and in consultation with YLWD, determine an appropriate course of action. If the archaeological resources are found to be significant, the archeologist, in consultation with YLWD, shall determine appropriate actions for exploration and salvage. If the resources are found to be significant Tribal Cultural Resources (as defined by Pub. Res. Code §21074(a)) (“TCR”), as determined by the Tribal Monitor, MM TCR-1 and MM TCR-2 will apply. After the find has been appropriately avoided or mitigated, work in the area may resume. MM CULT-2 In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found during ground-disturbing activities, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur. The County Coroner shall be notified of the discovery immediately. If the County Coroner determines that the remains are or believed to be Native American, s/he shall notify the NAHC in Sacramento within 24 hours of the discovery, and MM TCR-1 will apply. In accordance with Section 5097.98 of the California Public Resources Code, the NAHC must immediately notify those Page 112 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-24 Discussion of Environmental Checklist Questions persons it believes to be the most likely descended from the deceased Native American. The descendants shall complete their inspection within 48 hours of being granted access to the site by YLWD. YLWD would meet and confer with the most likely descendant regarding their recommendations prior to disturbing the site by further construction activity. VI. ENERGY IMPACT ANALYSIS Would the Project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. Energy consumption attributable to the Project’s construction and operations phases is evaluated in the following: Construction Project construction would require the use of construction equipment for excavation and building activities; all off-road construction equipment is assumed to use diesel fuel. Fuel energy consumed during construction would be temporary in nature and would not occur after completion of construction activities. Due to the limited number of vehicles and equipment and the limited duration of construction activities, construction-related fuel energy consumption would also not represent a significant demand on energy resources. Furthermore, there are no unusual Project characteristics that would necessitate the use of construction equipment that would be less energy-efficient than at comparable construction sites in other parts of the State. Therefore, the proposed construction activities would not result in inefficient, wasteful, or unnecessary fuel consumption. Operations The proposed Project is designed to develop redundant water pipeline infrastructure. Because the Project would provide more secure water infrastructure to the YLWD service area, the proposed Project would not result in an inefficient, wasteful, or unnecessary consumption of energy. There would be a less than significant impact, and no mitigation is required. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No Impact. The Project would not result in additional energy consumption because the Project does not involve the generation of additional day-to-day vehicle trips, except for infrequent inspection and maintenance related trips, nor would it require additional energy demands from the electrical grid. Because there is no additional energy demand from the Project, it would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Page 113 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-25 Discussion of Environmental Checklist Questions VII. GEOLOGY AND SOILS IMPACT ANALYSIS a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? ii) Strong seismic ground shaking? Less than Significant Impact. According to the City of Placentia’s General Plan Seismic Safety Element, the City is located in seismically active Southern California. Active and potentially active faults (defined by the California Geologic Survey [CGS] as faults that have been active in the past 1.5 million years) are located adjacent to Placentia; however, there are no Alquist-Priolo Earthquake Fault Zones within the city limits. Maps of Earthquake Fault Zones have been published by the CGS in accordance with the Alquist-Priolo Special Studies Zone Act, 1994, which regulates development near active faults. Although Placentia does not lie within an Alquist-Priolo Earthquake Fault Zone, seismic risk is still considered high because of the proximity to other active Alquist-Priolo faulting in the region (Placentia 2019e). Major faults that have potential to impact the City are shown in Exhibit 7-1, Regional Faults of the General Plan Safety Element. The faults shown on this map are summarized below: 1. Yorba Linda seismic source zone is a group of faults located approximately 0.3 miles northeast of the City of Placentia. 2. The Puente Hills (Coyote Hills) is a northwest trending blind Thrust Fault system that extends approximately 26 miles between downtown Los Angeles and northern Orange County. Locally the approximate location of the fault is between Whittier fault and the City of Placentia. 3. The Peralta Hills thrust fault is located approximately 3 miles southeast of the City of Placentia. 4. The Whittier Fault is approximately 3.8 mile north of the center of the City of Placentia. 5. The Newport-Inglewood Structural Zone is located approximately 14.6 miles southwest of the City of Placentia. 6. The Sierra Madre Fault is located approximately 17 miles north of the City of Placentia. 7. The San Jacinto Fault is located approximately 34 miles northeast of the City of Placentia. 8. The San Andreas Fault is located approximately 36 miles north of the City of Placentia. 9. The Norwalk Fault is located approximately 4.5 miles west-northwest of the City of Placentia. Although surface rupture is not considered to be a major concern for the City of Placentia, it is still likely that the City will be subject to some moderate to severe seismic ground shaking (Placentia 2019e). Adherence to standard engineering practices and design criteria as contained in the California Building Code (CBC) relative to seismic and geological hazards would ensure that impacts related to seismic ground shaking would be less than significant. Therefore, impacts would be less than significant, and no mitigation is required. Page 114 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-26 Discussion of Environmental Checklist Questions iii) Seismic-related ground failure, including liquefaction? Less Than Significant Impact. Soil liquefaction is a seismically induced form of ground failure, which has been a major cause of earthquake damage in Southern California. Liquefaction takes place when granular materials that are saturated by water lose strength and transform from a solid to a liquid state. Liquefaction generally occurs during significant earthquake activity, and structures located on saturated granular soils such as silt or sand may experience significant damage during an earthquake due to the instability of structural foundations and the moving earth. Soils most susceptible to liquefaction are saturated, loose, uniformly graded, fine-grained sand deposits. However, silty sands and sandy silts have also been reported to be susceptible to liquefaction or partial liquefaction. Potential problems associated with soil liquefaction include ground surface settlement (i.e., vertical movement of the ground), loss of foundation bearing support strength, and lateral spreading (i.e., landslides) (Placentia 2019e). According to the California Department of Conservation, Division of Mines and Geology, areas of high liquefaction potential for the City of Placentia are provided in Exhibit 7-2, Potential Liquefaction and Landslide Hazard Zones, of the General Plan Safety Element. The Project site is located within an area of high potential for seismically-induced liquefaction (Placentia 2019e). However, the City’s building codes require structures in liquefaction areas to be designed to withstand the potential impacts that could be caused by liquefaction. Because the Project would be constructed in compliance with the City’s building codes and standard engineering practices, impacts related to the potential for liquefaction, lateral spreading, and seismic compaction are considered less than significant, and no mitigation is required. iv) Landslides? Less Than Significant Impact. According to the City of Placentia’s General Plan Seismic Safety Element, slope failure can occur as either rapid movement of large masses of soil (“landslide”) or slow, continuous movement (“creep”). Landslides result from the downward movement of earth or rock materials that have been influenced by gravity. In general, landslides occur due to various factors including steep slope conditions, erosion, rainfall, groundwater, nature of the underlying soil or bedrock, previous landslide deposits, and grading impacts (Placentia 2019e). The majority of City of Placentia has not been mapped as being within a zone susceptible to landslide as designated by the State of California Seismic Hazard Zones, Yorba Linda Quadrangle (Placentia 2019e). However, a few local slope instabilities appear in the northwest area of the City, just south side of Anaheim Union Reservoir in Tri City Park. Landslide potential within the City is shown in Exhibit 7-2, Potential Liquefaction and Landslide Hazard Zones, of the General Plan Safety Element. The Project site is not located within an area that is designated by the State of California as a Zone of Required Investigation for Earthquake-Induced Landslides (Placentia 2019e). Therefore, the proposed Project would not be exposed to or impacted by a landslide. Impacts would be less than significant, and no mitigation is required. b) Result in substantial soil erosion or the loss of topsoil? c) Less Than Significant With Mitigation. As discussed in Section X, Hydrology and Water Quality, YLWD would require the Construction Contractor to include Best Management Practices (BMPs) in the Stormwater Pollution Prevention Plan (SWPPP) for the Project to minimize soil erosion and sedimentation from the Project site. Implementation of MM HYDRO-1, detailed in Section X, Hydrology and Water Quality, which requires preparation of a SWPPP and BMPs, would be required to reduce this impact to a less than significant level. Be located on a geologic unit or soil that is Page 115 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-27 Discussion of Environmental Checklist Questions unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? and d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant Impact. Seismic hazards, including liquefaction, lateral spreading, and landslides are addressed in CEQA Checklist Questions VI.a (iii–iv). Subsidence The major cause of ground subsidence is the excessive withdrawal of groundwater. The Project site is not in a subsidence area mapped by the US Geological Survey (USGS 2022). Project development would not cause subsidence hazards onsite, and no impact would occur. Collapsible Soils Collapsible soils shrink upon being wetted and/or being subject to a load. The Project would be designed and built in compliance with CBC requirements which would remediate on-site soils and reduce any potential impacts related to collapsible soils; therefore, impacts would be less than significant. After compliance with CBC regulations, project development would not cause substantial hazards arising from collapsible soils. Impacts would be less than significant. Expansive Soils Expansive soils contain substantial amounts of clay that swells when wetted and shrinks when dried; the swelling or shrinking can shift, crack, or break structures built on such soils. As such, the proposed Project would be designed and constructed in accordance with the CBC seismic safety requirements which would remediate on-site soils and eliminate any potential impacts related to expansive soils; therefore, impacts would be less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The proposed Project would not involve the use of septic tanks or alternative wastewater disposal systems. No impacts would occur, and no mitigation is required. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant With Mitigation. A paleontological records search was requested from the Natural History Museum of Los Angeles County (LACM), Vertebrate Paleontology Department on April 15, 2022, and results were received on April 24, 2022. The results indicate that there are no fossil localities that lie directly within the proposed Project site; however, there are fossil localities nearby from the same sedimentary deposits that occur in the proposed Project site, either at the surface or at depth. Therefore, the Project would not impact known paleontological resources; however, surface sediments within and surrounding the Project site consist of Alluvium (Pleistocene); La Habra Formation (Pleistocene; sandy silt shot through with caliche); Unknown formation (Pleistocene); La Habra Formation (lacustrine silt with caliche and plant); and Unknown Page 116 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-28 Discussion of Environmental Checklist Questions (Pleistocene). Deep excavation that involves disturbance of native soils could result in the disturbance and/or destruction of paleontological resources that may be present in deeper Pleistocene alluvial deposits that underlie the Project site. Implementation of MM GEO-1 requiring evaluation of discovered resources would reduce this impact to a less than significant level. MITIGATION PROGRAM Mitigation Measure MM GEO-1 In the event that paleontological resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery and the contractor shall contact YLWD immediately. YLWD shall retain a qualified professional paleontologist to evaluate the significance of the find, and in consultation with YLWD, determine an appropriate course of action. If the paleontological resources are found to be significant, the paleontologist, in consultation with YLWD, shall determine appropriate actions for exploration and salvage. After the find has been appropriately avoided or mitigated, work in the area may resume. VIII. GREENHOUSE GASES Climate change refers to any significant change in climate, such as the average temperature, precipitation, or wind patterns, over a period of time. Climate change may result from natural factors, natural processes, and/or human activities that change the composition of the atmosphere and alter the surface and features of the land. Significant changes in global climate patterns have been associated with global warming, which is an average increase in the temperature of the atmosphere near the Earth’s surface; this is attributed to an accumulation of greenhouse gas (GHG) emissions in the atmosphere. GHGs trap heat in the atmosphere, which in turn increases the Earth’s surface temperature. Some GHGs occur naturally and are emitted into the atmosphere through natural processes, while others are created and emitted solely through human activities. The majority of climate scientists attribute climate change to the increase in GHG emissions generated by human activities. GHGs, as defined under California’s Assembly Bill (AB) 32, include carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). General discussions on climate change often include water vapor, O3, and aerosols in the GHG category. Water vapor and atmospheric O3 are not gases that are formed directly in the construction or operation of development projects, nor can they be controlled in these projects. Aerosols are not gases. While these elements have a role in climate change, they are not considered by regulatory bodies, such as CARB, or climate change groups, such as The Climate Registry, as gases to be reported or analyzed for control. Therefore, no further discussion of water vapor, O3, or aerosols is provided herein. GHGs vary widely in the power of their climatic effects; therefore, climate scientists have established a unit called global warming potential (GWP). The GWP of a gas is a measure of both its potency and lifespan in the atmosphere as compared to CO2. For example, since CH4 and N2O are approximately 21 and 310 times more powerful than CO2, respectively, in their ability to trap heat in the atmosphere, they have GWPs of 21 and 310, respectively (CO2 has a GWP of 1). Carbon dioxide equivalent (CO2e) is a quantity that enables all GHG emissions to be considered as a group despite their varying GWP. The GWP of each GHG is multiplied by the emission rate of that gas to produce the CO2e emissions. Page 117 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-29 Discussion of Environmental Checklist Questions On June 1, 2005, Governor Arnold Schwarzenegger signed Executive Order S-3-05, which proclaims that California is vulnerable to the impacts of climate change. It declares that increased temperatures could reduce snowpack in the Sierra Nevada Mountains; could further exacerbate California’s air quality problems; and could potentially cause a rise in sea levels. In an effort to avoid or reduce the impacts of climate change, Executive Order S-3-05 calls for a reduction in GHG emissions to the year 2000 level by 2010, to year 1990 levels by 2020, and to 80 percent below 1990 levels by 2050. AB 32, the California Global Warming Solutions Act of 2006 (California Health and Safety Code §38501), recognizes that California is the source of substantial amounts of GHG emissions. The statute states that: Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. In order to avert these consequences, AB 32 establishes a State goal of reducing GHG emissions to 1990 levels by the year 2020, which is a reduction of approximately 15 percent from forecasted emission levels, with further reductions to follow (CARB 2018). To help achieve this reduction, on November 17, 2008, Governor Arnold Schwarzenegger signed Executive Order S-14-08, raising California’s renewable energy goals to 33 percent by 2020. California Executive Order B-30-15 (April 29, 2015) set an “interim” statewide emission target to reduce GHG emissions to 40 percent below 1990 levels by 2030 and directed State agencies with jurisdiction over GHG emissions to implement measures pursuant to statutory authority to achieve this 2030 target and the 2050 target of 80 percent below 1990 levels. On September 8, 2016, the Governor signed Senate Bill 32 (SB 32) to codify the GHG reduction goals of EO B-30-15, requiring the State to reduce GHG emissions by 40 percent below 1990 levels by 2030 (Health and Safety Code Section 38566). This goal is expected to keep the State on track to meeting the goal set by EO S-3-05 of reducing GHG emissions by 80 percent below 1990 levels by 2050 (California Legislative Information 2017a). SB 32’s findings state that CARB will “achieve the state’s more stringent greenhouse gas emission reductions in a manner that benefits the state’s most disadvantaged communities and is transparent and accountable to the public and the Legislature”. Orange County has not formally adopted a quantitative GHG emissions significance criterion to date. Beginning in April 2008, the South Coast AQMD convened a Working Group to provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents. On December 5, 2008, the South Coast AQMD Governing Board adopted its staff proposal for an interim CEQA GHG significance threshold of 10,000 metric tons of CO2 equivalent per year (MTCO2e/yr) for projects where the South Coast AQMD is the lead agency (South Coast AQMD 2008). In September 2010, the Working Group proposed that the 10,000 MTCO2e/yr threshold be expanded to apply to industrial projects where South Coast AQMD is not the lead agency (South Coast AQMD 2010). The Working Group has not convened since the fall of 2010. As of July 2017, the proposal has not been considered or approved for use by the South Coast AQMD Board. However, this threshold is selected by YLWD as appropriate for the proposed Project. Page 118 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-30 Discussion of Environmental Checklist Questions IMPACT ANALYSIS Would the Project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. Construction GHG emissions are generated by vehicle engine exhaust from construction equipment, on-road hauling trucks, vendor trips, and worker commuting trips. Construction GHG emissions were calculated concurrently with air quality criteria pollutant emissions by using CalEEMod Version 2020.4.0 and the Project information as described in Section III, Air Quality. The results are output in MTCO2e for each year of construction. The estimated construction GHG emissions for the Project are shown in Table 9. TABLE 9 ESTIMATED ANNUAL GREENHOUSE GAS EMISSIONS FROM CONSTRUCTION Year Emissions (MTCO2e) 2022 7 2023 223 Total 230 Annual Emissions* 8 MTCO2e: metric tons of carbon dioxide equivalent * Combined total amortized over 30 years Source: CalEEMod data in Appendix A. GHG emissions generated from construction activities are finite and occur for a relatively short-term period. Unlike the numerous opportunities available to reduce a project’s long-term GHG emissions through design features, operational restrictions, use of green-building materials, and other methods, GHG emissions-reduction measures for construction equipment are relatively limited. Therefore, South Coast AQMD staff members recommended that construction emissions be amortized over a 30-year project lifetime, so that GHG reduction measures will address construction GHG emissions as part of the operational GHG reduction strategies (South Coast AQMD 2008). As shown in Table 9, Estimated Annual Greenhouse Gas Emissions from Construction, the 30-year amortized construction emissions would be 8 MTCO2e/yr. The proposed Project is designed to develop redundant water pipeline infrastructure. The Project would not require additional YLWD employees or generate regular vehicle trips. Because the Project does not involve recurring vehicular trips or electricity or natural gas consumption, there would not be GHG emissions associated with the operations phase. As such, the Project construction related GHG emissions of 8 MTCO2e shown in Table 9 would be substantially less than the 10,000 MTCO2e/yr threshold for industrial projects. There would be a less than significant impact, and no mitigation measures are required. b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. As discussed above, the principal State plan and policy adopted for the purpose of reducing GHG emissions is the AB 32 Scoping Plan. The quantitative goal of AB 32 is to reduce Page 119 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-31 Discussion of Environmental Checklist Questions GHG emissions to 1990 levels by 2020 and adapt to climate change. Providing redundant water pipeline delivery infrastructure does not result in additional GHG emissions during the operations phase of the Project and consequently does not conflict with these plans and regulations. There would be no impact. IX. HAZARDS AND HAZARDOUS MATERIALS IMPACT ANALYSIS Would the Project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. Project construction activities would require the transport and use of standard construction equipment and materials, some of which may include a hazardous component such as transport and storage of fuels. These activities would be conducted in compliance with existing federal, State, and local regulations. Daily Project operations would not involve the use or transport of hazardous materials. The Project site is located near several major transportation facilities and arterials, including Lakeview Avenue, Orangethorpe Avenue, and SR-91. These roadways may be used to transport hazardous materials; however, the proposed Project would neither increase the frequency of transport, nor would it introduce hazards that would increase the likelihood for accidental release of hazardous materials into the environment. Additionally, the Project would not require any new or additional chemical storage or transport beyond existing operational activities. As such, a less than significant impact related to the transport, use, or disposal of hazardous materials or the release of hazardous materials into the environment would occur. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact. The nearest school to the proposed Project site is El Camino Real High School, located at 1351 East Orangethorpe Avenue, approximately 1.0 mile west of the Project site. Temporary construction activities may require the use of materials listed as hazardous; however, these materials would be routine construction materials and would not be required in large quantities. Therefore, the potential impacts associated with the transport and use of hazardous materials during construction would be less than significant, and no mitigation is required. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. An EDR Radius Map™ with Geocheck® Report was prepared for the Project by Environmental Data Resources, Inc. (EDR 2022). Search parameters were based on a one-mile radius of the Project site and consisted of a search of federal, State, local, tribal, and other Page 120 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-32 Discussion of Environmental Checklist Questions databases. The complete list of databases and additional information regarding the identified sites can be found in Appendix D. The following sites are listed within ¼-mile of the Project site: • Kramer Oil Field (Esperanza Road, Yorba Linda). This site is listed in the Cleanup Program Sites (formerly known as Spills, Leaks, Investigations, and Cleanups sites) and California Environmental Reporting System (CERS) databases. According to the EDR Report, the facility status is “Completed – Case Closed”. • Cliff Lester (8187 East Woodsboro, Anaheim). This site is listed in the Resource Conservation and Recovery Act (RCRA) non generators (NonGen/NLR) database. According to the EDR Report, no violations were found. • Weir Canyon Honda (8323 East La Palma, Anaheim). This is a cluster of four sites listed in the RCRA small quantity generator (RCRA-SQG), CERS, HAZ WASTE, Statewide Environmental Evaluation and Planning System (SWEEPS) underground storage tank (UST), CERS TANKS, Facility Index System (FINDS), Enforcement and Compliance History Online (ECHO), UST, and California Facility Inventory Database underground storage tanks (CA FID UST) databases. According to the EDR Report, the facility status is “Completed – Case Closed”. • Weir Canyon Acura (8323 East La Palma, Anaheim). This is a cluster of three sites listed in the leaking underground storage tank (LUST), Hazardous Waste and Substances Sites (CORTESE), RCRA-SQG, FINDS, ECHO AST, CERS HAZ WASTE, CERS TANKS, HAZNET, CERS, and Hazardous Waste Tracking System (HWTS). According to the EDR Report, no violations were found. • YL One LLC and YL Two LLC (21580 Yorba Linda Boulevard, Yorba Linda). This site is listed in the RCRA NONGEN/NLR database. According to the EDR Report, no violations were found. • Medical Management Intl Inc, DBA Banfield Pet Hospital (21540 Yorba Linda Boulevard, Unit C2, Yorba Linda). This is a cluster of two sites listed in the CERS HAZ WASTE, HWTS, and RCRA NONGEN/NLR databases. According to the EDR Report, no violations were found. • Mobil Oil/Circle K (21440 Yorba Linda, Yorba Linda). This is a cluster of nine sites listed in the EDR HIST AUTO, UST, SWEEPS UST, CHMIRS, LUST, CORTESE, CERS, RCRA NONGEN/NLR, UST, CERS HAZ WASTE, CA FID UST, CERS TANKS, HIST CORTESE, and UST databases. According to the EDR Report, the latest evaluation found no violations. • Smart & Final (21500 Yorba Linda Boulevard, Yorba Linda). This is a cluster of two sites listed in the RCRA NONGEN/NLR, CERS HAZ WASTE, and CERS databases. According to the EDR Report, no violations were found. • Canyon Cleaners (2150 Yorba Linda Boulevard, Yorba Linda). This is a cluster of four sites listed in the CERS HAZ WASTE, DRYCLEANERS, CERS, HWTS, and HAZNET databases. According to the EDR Report, the permit status was identified as inactive. • Coldwell Bank (21580 New River Road, Yorba Linda). This site is located in the RCRA NONGEN/NLR database. According to the EDR Report, no violations were found. • Michael Porsche (21640 Calle Delgado, Yorba Linda). This site is located in the RCRA NONGEN/NLR database. According to the EDR Report, no violations were found. • Sal Lozano (5685 Avenida Barcelona, Yorba Linda). This site is located in the RCRA NONGEN/NLR database. According to the EDR Report, no violations were found. Page 121 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-33 Discussion of Environmental Checklist Questions • Christina Villamil (5695 Whitewater Street, Yorba Linda). According to the EDR Report, no violations were found. Of the hazardous materials sites identified, none pose a hazard to the proposed Project. Based on a search of hazardous materials sites compiled pursuant to Section 65962.5 of the California Government Code, no sites qualifying for the Cortese List, or subject to corrective action, are identified on the Project site. No impacts related to known hazardous materials sites would occur, and no mitigation is required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The Project site is not located within an adopted Airport Land Use Plan or in the vicinity of a private airstrip, heliport, or helistop. The nearest airport is the Fullerton Municipal Airport, located approximately nine miles west of the Project site. The Project would be located outside the Fullerton Airport influence area and would not expose additional people to safety hazards related to airport operations. Implementation of the proposed Project would not impact the airport facilities or their operation; no mitigation would be required. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. Construction of the proposed project is not anticipated to physically interfere with an adopted emergency response plan or evacuation plan because all construction activities and staging areas would be within the Project boundaries. Implementation of the Project would involve construction and operation of two segments of a new waterline, and would not alter traffic conditions or modify the local or regional circulation system. Additionally, should an emergency occur at the proposed Project site, the internal street systems would provide access to the outlying arterial roadway system. Therefore, no impacts related to the adopted emergency response or evacuation plans would occur, and no mitigation is required. g) Expose people or structure, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact. According to the Fire and Resource Assessment Program Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE map for Orange County, the Project site is not located within or near a Very High Fire Hazard Severity Zone (VHFHSZ). Therefore, the Project site is not susceptible to wildfires, therefore, further analysis of the hazards related to wildfire is warranted (CAL FIRE 2022a, CAL FIRE 2022b). X. HYDROLOGY AND WATER QUALITY IMPACT ANALYSIS Would the Project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? and e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Page 122 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-34 Discussion of Environmental Checklist Questions Short-Term Construction-Related Water Quality Impacts Potentially Significant Unless Mitigation Incorporated. Potential impacts of construction activities on water quality focus on sediments, turbidity, and pollutants associated with sediments. Construction-related activities primarily responsible for sediment releases are related to exposing soils to potential mobilization by rainfall, runoff, and wind. These activities include grading and other earth-disturbing activities. Non-sediment-related pollutants that are also of concern during construction include waste construction materials and chemicals, liquid products, and petroleum products used in building construction or the maintenance of heavy equipment, which have the potential to create a significant impact related to water quality. Implementation of MM HYDRO-1, stated below, would reduce construction-related impacts from implementation of the proposed Project through compliance with the Construction General Permit. This permit requires the development and implementation of an SWPPP for the proposed Project site, which must include erosion- and sediment-control BMPs that meet or exceed measures required by the National Pollutant Discharge Elimination System (NPDES) Construction General Permit, as well as BMPs that control the other potential construction-related pollutants. A SWPPP would be developed, as required by and in compliance with, the NPDES Construction General Permit. Erosion-control BMPs are designed to prevent erosion, whereas sediment controls are designed to trap sediment once it has been mobilized. The NPDES Construction General Permit requires the SWPPP to include BMPs to be selected and implemented based on the phase of construction and weather conditions. The SWPPP would be designed and implemented to address site-specific conditions related to Project construction. The SWPPP would identify and describe the sources of sediment and other pollutants that may affect the quality of storm water discharges; it would also ensure the implementation and maintenance of BMPs to reduce or eliminate sediment, pollutants adhering to sediment, and other non-sediment pollutants in storm water and non-storm water discharges. Compliance with the NPDES Construction General Permit and the preparation of an SWPPP would ensure that any impacts to downstream waters resulting from construction activities on the Project site would be less than significant. Erosion-control and treatment-control BMPs would be implemented per NPDES requirements. Therefore, full compliance with applicable local, State, and federal regulations, and implementation of MM HYDRO-1, would ensure that water quality impacts associated with construction would be less than significant. Long-Term Operational Water Quality Impacts As shown in Exhibits 4a–c, Site Photographs, the Project site is comprised entirely of developed areas with limited areas of vegetation. Implementation of the proposed Project would expand existing water infrastructure uses and would not introduce new uses to the site; as such, development of the Project would not introduce substantial amounts of urban pollutants to the storm water runoff beyond existing conditions. Therefore, impacts related to long-term operational water quality impacts would not represent a significant impact. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less Than Significant Impact. The proposed Project would not deplete groundwater supplies or substantially interfere with groundwater recharge. A substantial portion of the site is covered with impervious surface including Atwood Channel, which is partially concrete lined in the Project Page 123 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-35 Discussion of Environmental Checklist Questions vicinity. This limits its current ability to contribute to groundwater recharge. Therefore, impacts related to groundwater recharge would be less than significant, and no mitigation is required. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in substantial erosion or siltation on- or off-site? ii) substantially increase the rate or amount of surface runoff in a manner in which would result in flooding on- or off-site? iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or? iv) Impede or redirect flood flows? Less Than Significant Impact. As discussed in Section 3.0, Project Description, the Project involves construction of two segments of a new waterline; no changes would be made to the YLWD easement as part of this Project. Therefore, Project implementation would not alter the existing drainage pattern by substantially increasing the rate or amount of surface runoff or altering the course of a stream or river. Impacts would be less than significant, and no mitigation is required. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less Than Significant Impact. Flood Hazard The proposed Project site is outside of 100-year flood hazard zones; however, the northeast corner of the disturbance area boundary is next to a 100-year flood hazard zone (FEMA Flood Hazard Zone A) (FEMA 2022). Tsunami A tsunami is a series of ocean waves caused by a sudden displacement of the ocean floor, most often due to earthquakes. The proposed Project site is approximately 20 miles inland from the Pacific Ocean and thus is not at risk of flooding due to tsunami. Seiche The Project site is not located near any large bodies of water; therefore, there is no potential for inundation of the Project site by seiche. Conclusion Development of the proposed Project would not risk release of pollutants due to Project inundation due to a flood within a 100-year flood zone, tsunami, or seiche. Impacts would be less than significant, and no mitigation is required. Page 124 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-36 Discussion of Environmental Checklist Questions MITIGATION PROGRAM Mitigation Measures HYDRO-1 Prior to initiation of construction, YLWD shall ensure that a Notice of Intent with the State Water Resources Control Board (SWRCB) has been filed in order to obtain coverage under the Construction General Permit. Pursuant to the permit requirements, the Construction Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices for reducing or eliminating construction-related pollutants in the site runoff. XI. LAND USE AND PLANNING IMPACT ANALYSIS Would the Project: a) Physically divide an established community? No Impact. As described in Section 2.0 Project Location and Environmental Setting, the proposed pipeline alignments are located in an urban environment, with land uses and development including residential uses to the northwest and east, commercial (retail and restaurants) to the northeast, and industrial uses to the east and south. Additionally, the site is bound by infrastructure such as the BSNF rail line to the north and the OCFCD’s Atwood Channel to the south. However, due to the nature of the proposed Project, which includes the construction of two segments of a new waterline, implementation of the proposed Project would not divide an established community. No impact would occur, and no mitigation is required. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. As stated previously, the pipeline alignments are located in a urban environment. The proposed Project would be constructed within the right-of-way along South Highland Avenue and East Orangethorpe Avenue, cross beneath the BSNF rail line and span OCFCD Atwood Channel. The Project does not propose to change the existing land use designation of the site, and, pursuant to Government Code Section 53091(e), the proposed Project would be exempt from City zoning ordinances because it involves the construction of facilities for the production, generation, storage, treatment, or transmission of water. Implementation of the proposed Project would not conflict with applicable plans, policies, and regulations. Therefore, no impacts would occur, and no mitigation is required. Page 125 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-37 Discussion of Environmental Checklist Questions XII. MINERAL RESOURCES IMPACT ANALYSIS Would the Project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. The CGS designates Mineral Resources Zones according to the presence of or potential for underlying mineral resources. According to the County of Orange’s General Plan Resources Element, most mineral reserves in Orange County are located in five resource areas including the Santa Ana River, Lower Santiago Creek, Upper Santiago Creek, San Juan Creek, and Arroyo Trabuco; none of which intersects the City of Placentia (County of Orange 2022). Additionally, according to the City of Placentia’s General Plan Conservation Element, the City does not contain any mineral resources as defined by the geologic map of Orange County. The only mineral extraction within the City at the present time is petroleum (Placentia 2019a). However, petroleum is not extracted presently on the Project site. Thus, the Project would not result in the loss or availability of known mineral resources or locally important mineral resources. No impact would occur, and no mitigation is required. XIII. NOISE Several rating scales (or noise “metrics”) exist to analyze the effects of noise on a community. These scales include the equivalent noise level (Leq) and the community noise equivalent level (CNEL). Average noise levels over a period of minutes or hours are usually expressed as A-weighted decibels (dBA) Leq, which is the equivalent noise level for that period of time. The period of time averaging may be specified; Leq(3) would be a 3-hour average. When no period is specified, a one-hour average is assumed. Noise of short duration (i.e., substantially less than the averaging period) is averaged into ambient noise during the period of interest. Thus, a loud noise lasting many seconds or a few minutes may have minimal effect on the measured sound level averaged over a one-hour period. To evaluate community noise impacts, CNEL was developed to account for human sensitivity to evening and night-time noise. CNEL separates a 24-hour day into three periods: daytime (7:00 AM to 7:00 PM), evening (7:00 PM to 10:00 PM), and nighttime (10:00 PM to 7:00 AM). The evening sound levels are assigned a 5 dBA penalty, and the night-time sound levels are assigned a 10 dBA penalty prior to averaging them with daytime hourly sound levels. Several statistical descriptors are also often used to describe noise, including Lmax and Lmin. Lmax and Lmin are the highest and lowest A-weighted sound levels that occur during a noise event, respectively. Existing Noise Levels The existing noise environment in the Project area is primarily influenced by traffic noise on nearby roads as well as the BNSF rail line. The roadways contributing the most noise to the Project site is Orangethorpe Avenue which bisects the Project site. To characterize the existing noise environment, Psomas conducted an ambient noise survey at the site on June 21, 2022. Short-term (approximately 20 minutes each) noise level measurements were taken using a Page 126 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-38 Discussion of Environmental Checklist Questions Larson Davis Laboratories SoundTrack LxT® sound level meter. This sound level meter was placed proximate to the Project areas, approximately five feet above the ground and equipped with a windscreen. The existing noise levels are shown in Table 10, Existing Ambient Noise Levels. TABLE 10 EXISTING AMBIENT NOISE LEVELS - Lmin dBA (Minimum) Leq dBA (Average) Lmax dBA (Maximum) Highland Avenue north of Orangethorpe Avenue 43 66 83 Veterans Way Cul-de-Sac 43 51 68 Nancita Circle Cul-de-Sac 47 55 65 dBA: A-weight decibels Source: Psomas 2022 (Appendix E). Noise measurements taken at the proposed pipeline alignment on South Highland Avenue north of Orangethorpe Avenue included a passing train on the BNSF rail line which generated substantially higher noise levels than other noise sources within the area which include traffic noise along South Highland Avenue and Orangethorpe Avenue. Minor sources of noise at this location include birds, aircraft overflights, and parking lot noise. Noise measurements were also taken at the Veterans Way cul-de-sac. Noise levels were relatively quiet and characteristic of suburban environments. The primary source of noise is distant traffic noise from Orangethorpe Avenue and Lakeview Avenue. Secondary sources of noise include birds, as well as industrial activities and truck movements at industrial uses located along Lakeview Loop. Lastly, noise measurements were taken at the Nancita Circle cul-de-sac. Noise levels were also relatively quiet and consisted of minor sources of which include a radio playing music, distant traffic noise, birds, and industrial activities. As shown, existing noise levels at the Project site are considered low and typical of urban development. Noise monitoring data and calculations are provided in Appendix E of this IS/MND. Regulatory Background For the evaluation of potential noise impacts, YLWD complies with the City of Placentia Noise Ordinances. City of Placentia Municipal Code The City of Placentia Municipal Code (CPMC) (Title 23, Chapter 23.76 Noise Control) contains the City of Placentia Noise Ordinance. The Noise Ordinance is designed to control unnecessary, excessive, and annoying sounds from sources on private property by setting limits that cannot be exceeded at adjacent properties. Noise Ordinance requirements cannot be applied to mobile noise sources (e.g., heavy trucks traveling on public roadways, trains, or aircraft). Control of noise generated by these transportation sources is preempted by federal and State laws, and is therefore not subject to the provisions of the Noise Ordinance. All activities within the City are subject to the Noise Ordinance unless specifically exempted. All new development must implement measures to ensure that activities at the new development do not violate the Noise Ordinance. Page 127 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-39 Discussion of Environmental Checklist Questions The Noise Ordinance specifies that noise generated on a site cannot exceed defined noise levels at adjacent properties for a specified period of time as shown in Table 11, City of Placentia Noise Ordinance Standards for Noise Zones 1 Through 3. Both interior and exterior noise level limits are specified by noise zones. The applicable noise zone is based on the land use being exposed to the noise. The residential units west of Highland Avenue and west of Veterans Way are in Noise Zone 1. Retail uses located to the east of Highland Avenue are in Noise Zone 2 and industrial uses along Nancita Circle are in Noise Zone 3. TABLE 11 CITY OF PLACENTIA NOISE ORDINANCE STANDARDS FOR ZONES 1 THROUGH 3 Noise Levels for a Period Not Exceeding (minutes/hour) - - - Noise Zonea Noise Level (dBA) Time Period 1 Exterior 55 7:00 AM–10:00 PM 1 Exterior 50 10:00 PM–7:00 AM 1 Interior 55 7:00 AM–10:00 PM 1 Interior 45 10:00 PM–7:00 AM 2 Exterior 65 Any time 2 Interior NA N/A 3 Exterior 70 Any time 3 Interior NA N/A dBA: A-weighted decibel(s) N/A: Not Applicable a Noise zone 1: All hospitals, libraries, churches, schools, and residential properties. Noise zone 2: All commercial properties excluding professional office properties. Noise zone 3: All industrial properties. Source: City of Placentia 1975. CPMC Section 23.81.170 Grading, construction, and maintenance of real property, limits construction activities to between the hours of 7:00 AM and 7:00 PM, Mondays through Fridays, and 9:00 AM and 6:00 PM on Saturdays, with no construction activities permitted outside of the hours listed above or on Sundays or federal holidays unless a temporary waiver is granted by the Chief Building Official or the City Engineer upon receipt of evidence that an emergency exists which would constitute a hazard to persons or property. Noise-Sensitive Receptors and Existing Conditions near the Project Site Noise-sensitive land uses typically include residences, hospitals, convalescent and day care facilities, schools, and libraries, which could all be adversely affected by an increase in noise levels. The Project site is generally located within portions of the right-of-way of South Highland Avenue, Orangethorpe Avenue, Veterans Way, and Nancita Circle. The nearest noise sensitive receptors (residential uses) are located to the west of South Highland Avenue and Veterans Way. Page 128 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-40 Discussion of Environmental Checklist Questions IMPACT ANALYSIS Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact. Construction and operational noise associated with the Project would result in impacts that are less than significant, as described below. Construction Noise Project construction activities would not occur between 7:00 PM and 7:00 AM on weekdays or before 9:00 AM or after 6:00 PM Saturdays, or at any time on Sundays or federal holidays, consistent with the CPMC Section 23.81.170, as discussed above. Noise would be generated by construction equipment at the Project site. Construction activities may require use of a variety of equipment including, but not limited to excavators, dump trucks, and cranes. No pile driving or blasting is anticipated. Local residents located to the west of South Highland Avenue and Veterans Way would be subject to temporary elevated noise levels due to Project-related construction equipment. Construction activities are carried out in discrete steps, each of which has its own mix of equipment and, consequently, its own noise characteristics. These various sequential phases would change the character of the noise levels surrounding the construction site as work progresses. Construction noise levels reported in the USEPA’s Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances were used to estimate future construction noise levels for the Project (USEPA 1971). Typically, the estimated construction noise levels are governed primarily by equipment that produces the highest noise levels. Construction noise levels for each generalized construction phase (ground clearing/demolition, excavation, foundation construction, building construction, paving, and site cleanup) are based on a typical construction equipment mix for an industrial Project and do not include use of atypical, very loud, and vibration-intensive equipment (e.g., pile drivers). Project construction activities would occur for approximately 12 months. However, the Project would develop its components at different locations and consequently would not result in noise exposure at the same locations for the full duration of the construction period. The degree to which noise-sensitive receptors are affected by construction activities depends heavily on their proximity. Worst-case estimated noise levels attributable to the development of the proposed Project are shown in Table 12, and calculations are included in Appendix E, Noise Calculations. Table 12 shows both noise levels from construction equipment at the nearest land use in each cardinal direction from the Project site. Noise levels from general Project-related construction activities would range from 75 to 94 dBA Leq at the closest distances for the nearest land uses. Noise level reductions from existing intervening buildings or sound walls were not included. Construction noise levels would be less at locations located further than identified in Table 12. Page 129 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-41 Discussion of Environmental Checklist Questions TABLE 12 CONSTRUCTION NOISE LEVELS AT NOISE-SENSITIVE USES Construction Phase Noise Levels (Leq dBA) - North – Retail along Highland Avenue at 30 feet Noise Levels (Leq dBA) - West – Wilma Circle Residences at 50 feet Noise Levels (Leq dBA) - South – Industrial Uses at 15 feet Noise Levels (Leq dBA) - East – Retail along Highland Avenue at 30 feet Ground Clearing/Demolition 88 84 94 88 Excavation 83 79 89 83 Foundation Construction 82 78 88 82 Building Construction 79 75 85 79 Paving and Site Cleanup 79 75 85 79 Leq dBA: Average noise energy level Note: Noise levels from construction activities do not take into account attenuation provided by intervening structures. Source: USEPA 1971. Demolition debris from pavement cutting and excavated soils from the Project site would be removed by truck. During the demolition and grading phase, it is estimated that 878 one-way truck trips would occur over 264 workdays. Noise impacts related to Project related truck trips would be less than significant due to the relatively small number of average daily truck trips occurring during the construction period and because construction traffic would be limited to the least noise sensitive hours of the day. Noise from construction activities on-site would be audible above the existing ambient noise environment. However, because construction noise would occur during the least noise-sensitive portions of the day, as per CPMC Section 23.81.170, would involve relatively minimal construction equipment, and would occur for a relatively short duration at each location, noise associated with Project-related construction would result in less than significant impacts, and no mitigation is required. Operational Noise The proposed Project is designed to develop redundant water pipeline infrastructure. The Project would not have elements that may have the potential to generate stationary sources of noise from the operations phase of the Project. The Project would also not require additional YLWD employees, nor would it generate regular vehicle trips. YLWD staff members may periodically visit the for routine inspection and maintenance activities. As such, there would be no recurring increase in traffic related noise associated with the Project. Because the Project does not have substantial sources of noise during the operations phase, noise associated with the Project would result in less than significant noise impacts, and no mitigation is required. b) Generation of excessive ground borne vibration or ground borne noise levels? Less than Significant Impact. The proposed Project would not generate or expose persons or structures to excessive groundborne vibration from the construction. There are no applicable City standards for vibration-induced annoyance or structural damage from vibration. Caltrans vibration damage potential guideline thresholds are shown in Table 13. These thresholds represent the vibration limits for structural damage to uses proximate to the Project site from continuous sources of vibration. Page 130 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-42 Discussion of Environmental Checklist Questions TABLE 13 VIBRATION RELATED BUILDING DAMAGE THRESHOLDS Building Class Continuous Source PPV (in/sec) Single-Event Source PPV (in/sec) Class I: buildings in steel or reinforced concrete, such as factories, retaining walls, bridges, steel towers, open channels, underground chambers, and tunnels with and without concrete alignment 0.5 1.2 Class II: buildings with foundation walls and floors in concrete, walls in concrete or masonry, stone masonry retaining walls, underground chambers and tunnels with masonry alignments, and conduits in loose material 0.3 0.7 Class III: buildings as mentioned above but with wooden ceilings and walls in masonry 0.2 0.5 Class IV: construction very sensitive to vibrations; objects of historic interest 0.12 0.3 ppv: peak particle velocity Source: Caltrans 2020. The Caltrans vibration annoyance potential guideline thresholds are shown in Table 14. Based on the guidance in Table 14, the “strongly perceptible” vibration level of 0.9 peak particle velocity (ppv) inches per second (in/sec) is considered as a threshold for a potentially significant vibration impact for human annoyance. TABLE 14 VIBRATION ANNOYANCE CRITERIA Average Human Response ppv (in/sec) Severe 2.0 Strongly perceptible 0.9 Distinctly perceptible 0.24 Barely perceptible 0.035 ppv: peak particle velocity; in/sec: inch(es) per second Source: Caltrans 2020. Pile driving and blasting are generally the sources of the most severe vibration during construction. Neither pile driving nor blasting would be used during Project construction. Conventional construction equipment would be used for demolition and grading activities. Table 15 summarizes typical vibration levels measured during construction activities for various vibration-inducing pieces of equipment. Page 131 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-43 Discussion of Environmental Checklist Questions TABLE 15 VIBRATION LEVELS FOR CONSTRUCTION EQUIPMENT Equipment - ppv at 25 ft (in/sec) Pile driver (impact) upper range 1.518 Pile driver (impact) typical 0.644 Pile driver (sonic) upper range 0.734 Pile driver (sonic) typical 0.170 Vibratory roller - 0.210 Large bulldozer - 0.089 Caisson drilling - 0.089 Loaded trucks - 0.076 Jackhammer - 0.035 Small bulldozer - 0.003 ppv: peak particle velocity; ft: feet; in/sec: inches per second Source: Caltrans 2020; FTA 2018. Table 16, Vibration Annoyance Assessment, shows the vibration annoyance criteria from construction-generated vibration activities proposed at the Project site. Table 16 shows the ppv generated by Project-related construction activities at the nearest uses proximate to the Project site. As shown in Table 16, ppv would not exceed the criteria threshold when construction activities occur under maximum (i.e., closest to the receptor) exposure conditions. Because vibration levels would be below the significance thresholds, vibration generated by the Project’s construction equipment would not be expected to generate strongly perceptible levels of vibration at the nearest uses and would result in less than significant vibration impacts related to vibration annoyance. TABLE 16 VIBRATION ANNOYANCE ASSESSMENT - Equipment Vibration Levels (ppv) North – Retail along Highland Avenue at 65 feet Vibration Levels (ppv) West – Wilma Circle Residences at 55 feet Vibration Levels (ppv) South – Industrial Uses at 20 feet Vibration Levels (ppv) East – Retail along Highland Avenue at 40 feet Vibratory roller 0.050 0.064 0.293 0.104 Large bulldozer 0.021 0.027 0.124 0.044 Small bulldozer 0.001 0.001 0.004 0.001 Jackhammer 0.008 0.011 0.049 0.017 Loaded trucks 0.018 0.023 0.106 0.038 Criteria* 0.900 0.900 0.900 0.900 Exceeds Criteria? No No No No ppv: peak particle velocity *Criteria derived from “Strongly Perceptible” vibration annoyance criteria, as shown in Table 14. Source: FTA 2018 (Calculations can be found in Appendix E). Page 132 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-44 Discussion of Environmental Checklist Questions Table 17, Building Damage Assessment, shows the ppv relative to building damage to nearby uses from the Project’s construction activities. TABLE 17 BUILDING DAMAGE ASSESSMENT Equipment Vibration Levels (ppv) North – Retail along Highland Avenue at 65 feet Vibration Levels (ppv) West – Wilma Circle Residences at 55 feet Vibration Levels (ppv) South – Industrial Uses at 20 feet Vibration Levels (ppv) East – Retail along Highland Avenue at 40 feet Vibratory roller 0.050 0.064 0.293 0.104 Large bulldozer 0.021 0.027 0.124 0.044 Small bulldozer 0.001 0.001 0.004 0.001 Jackhammer 0.008 0.011 0.049 0.017 Loaded trucks 0.018 0.023 0.106 0.038 Criteria* 0.200 0.200 0.500 0.200 Exceeds Criteria? No No No ppv: peak particle velocity *Criteria derived from Table 13 “VIBRATION RELATED BUILDING DAMAGE THRESHOLDS” Source: FTA 2018 (Calculations can be found in Appendix B). As shown in Table 17, all ppv levels would be below the building damage threshold at adjacent offsite structures. As such, impacts related to the potential for cosmetic building damage would be less than significant, and no mitigation is required. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project is not located within an Airport Land Use Plan area or in the vicinity of a private airstrip or heliport, and it would not expose people to excessive noise levels associated with airport operations or aircraft travel. The closest airport to the Project site is Fullerton Municipal Airport, located approximately nine miles west of the Project site. No impacts would result, and no mitigation is required. XIV. POPULATION AND HOUSING IMPACT ANALYSIS Would the Project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? and b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. As described in Section 2.0, Project Description and Environmental Setting, the proposed Project involves construction and operation of two segments of a new waterline, which are improvements to the existing infrastructure intended to continue water service to existing Page 133 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-45 Discussion of Environmental Checklist Questions YLWD customers or new customers within established or planned areas of the YLWD’s service area. Services areas include portions of the Cities of Yorba Linda, Placentia, Anaheim, and Brea along with portions of unincorporated Orange County (YLWD 2021). Implementation of the proposed Project would not extend water service into an area that is not currently developed or approved for future development. Therefore, the proposed Project would not increase employment and population resulting in direct population growth or increase infrastructure resulting in indirect population growth. Additionally, as described in Section XI, Land Use and Planning, the Project would not displace existing housing or population, resulting in construction of replacement housing elsewhere. No impacts would occur, and no mitigation is required. XV. PUBLIC SERVICES IMPACT ANALYSIS Would the Project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: fire protection, police protection, schools, parks, and other public facilities? No Impact. As described in Section 2.0, Project Description and Environmental Setting, the proposed Project is the construction and operation of two segments of a new waterline, which are improvements to the existing infrastructure; therefore, no new demand for public services such as fire protection, police protection, schools, parks, libraries, or other public facilities would occur. Any increase in maintenance of the proposed infrastructure improvements would be the responsibility of YLWD. No impact would occur, and no mitigation is required. XVI. RECREATION IMPACT ANALYSIS Would the Project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? and b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. As described in Section 2.0 Project Description and Environmental Setting, the proposed Project is construction and operation of two segments of a new waterline, which are improvements to the existing infrastructure. As discussed in Section XI. Land Use, the proposed Project is not anticipated to induce population growth; therefore, it would not directly or indirectly impact any local recreational facilities through increase of use. Additionally, the nearest public park is Los Niños Park approximately 0.30 miles west of the Project site (Placentia 2018). Therefore, no physical impacts to a nearby park or recreational area would occur. No impacts related to demand or use of recreational facilities would occur, and no mitigation is required. Page 134 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-46 Discussion of Environmental Checklist Questions XVII. TRANSPORTATION IMPACT ANALYSIS Would the Project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less Than Significant Impact. Implementation of the proposed Project is expected to generate short-term traffic impacts generated during the construction period. Vehicle trips would be generated by trucks hauling materials and supplies to the site and workers commuting to and from the Project site. As discussed previously in Section XIII, Noise, it is anticipated that on average 878 one-way truck trips would occur over 264 construction days. It is anticipated that these trips would occur throughout the day and would not be concentrated during traffic peak hours. It should be noted that there is potential for lane closure along Orangethorpe Avenue. However, this would be a temporary and short-term construction-related impact. Under existing conditions, a small number of vehicle trips are associated with routine inspection and maintenance at the existing Project site. It is anticipated that routine inspection and maintenance trips would continue, and no new operational trips would occur with implementation of the proposed Project. Therefore, because there would be no increase in daily trips associated with daily operation of the Project components, no Project-related traffic impacts are anticipated. The proposed Project would not result in any long-term trip generation or associated traffic impacts and would not involve any activities that would conflict with non-vehicular modes of transportation. Impacts would be less than significant, and no mitigation is required. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? No Impact. Section 15064.3(b)(1) of the State CEQA Guidelines refers to evaluating transportation impacts using vehicle miles traveled (VMT) as a method of determining the significance of transportation impacts for land use projects. The proposed Project is not a land use project and would not generate any long-term change in traffic. As discussed in the response to CEQA Checklist Question XVII. (a), the Project’s construction-related traffic would be temporary and operational traffic would be nominal. Because the Project would generate or attract fewer than 110 trips per day, the Project is assumed to cause a less than significant transportation impact according to the Technical Advisory on Evaluating Transportation Impacts in CEQA, prepared by the Governor’s Office of Planning and Research in April 2018 (OPR 2018). Therefore, the Project would not conflict or be inconsistent with CEQA Guidelines and no impact would occur. c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The Project does not propose any modifications to the existing circulation system in the Project’s vicinity. Further, traffic patterns and the types of vehicles traveling along the roads near the Project site would not be affected. Therefore, no impact would occur related to hazards due to a design feature or incompatible uses. No impact would occur, and no mitigation is required. Page 135 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-47 Discussion of Environmental Checklist Questions d) Result in inadequate emergency access? Less Than Significant Impact. The proposed Project would involve construction and operation of two segments of a new waterline. During construction, existing access routes would be maintained at the Project site. As noted above, there is potential for lane closure along Orangethorpe Avenue. However, this would be a temporary and short-term construction-related impact. Furthermore, emergency access routes are already in place at the Project site, and proposed Project actions would not alter access. Therefore, no impact to local or regional emergency access routes would occur, and no mitigation is required. XVIII. TRIBAL CULTURAL RESOURCES Section V of this IS/MND provides an evaluation of cultural resources and human remains. As noted in that section, a cultural resource record search and literature review was conducted at the California Historical Resources Information System (CHRIS), which maintains records and literature regarding cultural resources within California. The South Central Coastal Informational Center (SCCIC) is a designated branch of the CHRIS and houses records recorded in San Bernardino, Los Angeles, Orange, and Ventura Counties. The CHRIS office for Orange County is located at the SCCIC at California State University, Fullerton. The literature review at the SCCIC revealed that 13 cultural resources studies have been undertaken within ½-mile of Project site, two of these studies included a portion of the Project area. One historical resource was identified within the Project site. This historic structure was identified as a house located at 1924 East Orange View Avenue in the City of Placentia. One other resource (P-30-000593) was identified within a half-mile of the Project site and outside of the proposed work area. This resource is a prehistoric archaeological site described as a lithic scatter (remnants of stone tool production) with habitation debris. Additionally, the NAHC conducted a SLF search for the Project. The search results for the SLF were positive. Furthermore, and consistent with requirements of AB 52, YLWD has sent letters to tribes that have expressed an interest in being consulted regarding Native American resources for the projects being undertaken by YLWD. Letters were sent to interested tribal organizations on April 19, 2022. On April 22, 2022, the Gabrieleño Band of Mission Indians – Kizh Nation requested consultation with YLWD regarding the Project. On April 27, 2022, YLWD scheduled consultation for July 7, 2022; however, YLWD was notified by the tribe on June 27, 2022, that the meeting would need to be rescheduled. YLWD subsequently rescheduled consultation for August 11, 2022. On August 3, 2022, YLWD was notified that consultation would again need to be rescheduled. Consultation took place on August 23, 2022. IMPACT ANALYSIS Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). No Impact. The Project does not propose any modifications to the existing circulation system in the Project’s for purposes of impact analysis, a tribal cultural resource is considered a site, feature, place, cultural landscape, sacred place, or object which is of cultural value to a California Native Page 136 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-48 Discussion of Environmental Checklist Questions American Tribe and is either eligible for the California Register of Historic Resources (CRHR) or a local register. As indicated in Section V of this IS/MND, based on a SCCIC record search, the results indicate there are no resources on the Project site that are currently listed on the CRHR. Therefore, the proposed Project would not have an impact on tribal cultural resources associated with an impact to a resource that is listed or eligible for listing on the CRHR or a local register. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less Than Significant With Mitigation. The second component of this threshold is if the proposed Project would impact a tribal cultural resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a Native American tribe. Subdivision (c) states the following: A resource may be listed as an historical resource in the California Register if it meets any of the following CRHR criteria: (1) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage. (2) Is associated with the lives of persons important in our past. (3) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. (4) Has yielded, or may be likely to yield, information important in prehistory or history. Based on information available through the record searches at the SCCIC, and the long-term past use of the Project site, there is no information available that indicates there are significant tribal resources within the Project site that would be significant pursuant to criteria set forth in subdivision (c) of Public Resource Code Section 5024.1. However, as noted in Section above, YLWD requested consultation with tribes that notified YLWD of a desire to be consulted with regarding the Project. YLWD received one response. Mr. Salas (the Tribal Chair), for the Gabrieliño Band of Mission Indians – Kizh Nation, responded on April 22, 2022. Consultation between the Gabrieliño Band of Mission Indians – Kizh Nation and YLWD was initially scheduled on July 7, 2022. On June 27, 2022, YLWD was notified by the tribe that the July 7, 2022 meeting would be cancelled due to lack of availability. On June 29, 2022, consultation was rescheduled for August 11, 2022. On August 3, 2022, YLWD received email notice that the meeting would again need to be cancelled and rescheduled. Formal consultation took place on August 23, 2022, via teleconference. At that confidential meeting, YLWD and the Tribal representatives discussed the proposed Project and the IS/MND analytical approach. The tribal representatives discussed the importance of the Project site to the Gabrieleño Band of Mission Indians – Kizh Nation. However, the Project site and surrounding area has been developed through significant landscaping and hardscaping. As such, potential archaeological resources buried beneath the site’s surface are likely to be heavily disturbed. While unlikely, buried resources, such as prehistoric artifacts relating to Gabrieleño village sites, historic artifacts relating to Spanish ranching, and human remains could exist on the Project site and be damaged by drilling activities for project construction, which would represent Page 137 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-49 Discussion of Environmental Checklist Questions a significant impact. Based on available information from the records search results, no information was provided that identifies a specific potential for a significant impact. However, because the tribe has identified a potential for a significant impact related to tribal cultural resources, MM TCR-1 and MM TCR-2 below are recommended to reduce the potential for discovery or impacts to unknown resources by setting up a process for tribal monitoring, and unanticipated discovery of human remains. MITIGATION PROGRAM Mitigation Measure MM TCR-1 Prior to the commencement of earthwork activities, YLWD shall retain a monitor (“Tribal Monitor”) approved by the Gabrieleño Band of Mission Indians - Kizh Nation (“Kizh Nation”). “Earthwork activities” include pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling and trenching. YLWD shall provide written notification to the lead Tribal representatives from the Gabrieleno Band of Mission Indians - Kizh Nation and office indicating the date and time of the commencement of earthwork activities and will provide the Tribal Monitor reasonable access to the Project site to monitor the earthwork activities. During earthwork activities, the Tribal Monitor shall complete monitoring logs that describe the earthwork activities, including the type of earthwork activities, locations of the earthwork activities, soil types, and any other facts related to TCRs. The Tribal Monitor shall provide copies of the monitoring logs to YLWD upon request. If any TCRs are identified during the monitoring and evidence is presented that the discovery proves to be potentially significant under CEQA, as determined by the Tribal Monitor, all earthwork activities shall cease within 50 feet of the discovery, until the Tribal Monitor, in consultation with YLWD, determines the appropriate actions for explorations and/or recovery. MM TCR-2 In accordance with Section 7050.5 of the California Health and Safety Code, if Native American human remains (as defined in Pub. Res. Code §5097.98(d)(1)) are found during earthwork activities, no further excavation or disturbance of the site or any nearby area reasonably suspected, by the Tribal Monitor, to overlie the adjacent remains shall occur. The County Coroner shall be notified of the discovery immediately. If the County Coroner determines that the remains are or believed to be Native American, s/he shall notify the NAHC in Sacramento within 24 hours of the discovery. In accordance with Section 5097.98 of the California Public Resources Code, the NAHC must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendants shall complete their inspection within 48 hours of being granted access to the site by YLWD. YLWD would meet and confer with the most likely descendant regarding their recommendations prior to disturbing the site by further earthwork activity. Human remains and grave goods shall be treated as required by Public Resources Code section 5097.98, and their discovery shall remain confidential. Page 138 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-50 Discussion of Environmental Checklist Questions XIX. UTILITIES AND SERVICE SYSTEMS IMPACT ANALYSIS Would the Project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than Significant Impact. The proposed Project is a utility project that involves improvements to the existing infrastructure. As detailed in Section 3.0, Project Description, the Project would include construction and operation of two segments of a new waterline. The Project would not require any further relocation or construction of new or expanded facilities beyond what is currently proposed and analyzed as part of this IS/MND. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? No Impact. The proposed Project involves construction and operation of two segments of a new waterline, and would not result in additional demand for water supply. Instead, the Project would improve the existing infrastructure. No additional impacts related to water-related facilities are anticipated, and no mitigation is required. c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? No Impact. As noted previously in the responses to Questions XIX.a and XIX.e, the Project would include construction and operation of two segments of a new waterline, and would not generate significant quantities of wastewater. No impacts would occur related to capacity of wastewater infrastructure or wastewater treatment facilities. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less Than Significant Impact. Solid waste generated from the Project site would most likely be disposed of at the Olinda Alpha Landfill, which is part of the Orange County landfill system operated by OC Waste & Recycling. The landfill is permitted to receive a maximum of 8,000 tons per day (tpd) maximum with a 7,000 tpd annual average. The Olinda Alpha Landfill is approximately 565 acres with 453 acres allocated for waste disposal. The landfill opened in 1960 and has enough projected capacity to serve residents and businesses until approximately 2036 (OC Waste & Recycling 2022; Halligan 2022). The increase in solid waste disposal resulting from implementation of the Project would be nominal and could be accommodated within the permitted capacity of the County’s overall landfill system, which includes the Olinda Alpha Landfill (Halligan 2022). A less than significant impact related to landfill capacity would occur from implementation of the proposed Project, and no mitigation is required. Page 139 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-51 Discussion of Environmental Checklist Questions e) Comply with federal, State, and local statutes and regulations related to solid waste? No Impact. Solid waste practices in California are governed by multiple federal, State, and local agencies that enforce legislation and regulations to ensure landfill operations minimize impacts to public health and safety and the environment. OC Waste & Recycling is obligated to obtain a Solid Waste Facilities Permit, a Storm Water Discharge Permit, and a permit to construct and operate gas management systems and to meet Waste Discharge Requirements. The Local Enforcement Agency (South Coast AQMD) and the SWRCB enforce landfill regulations related to health, air quality, and water quality, respectively. The proposed Project would not inhibit OC Waste & Recycling’s compliance with the requirements of each of these governing bodies. No impact would occur, and no mitigation is required. XX. WILDFIRE IMPACT ANALYSIS If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? and b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? and c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? and d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. According to the Fire and Resource Assessment Program Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE map for Orange County, the Project site located in the City of Placentia is not within or near a VHFHSZ. Therefore, the Project site is not susceptible to wildfires, therefore, further analysis of the hazards related to wildfire is warranted (CAL FIRE 2022a, CAL FIRE 2022b). Page 140 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 5-52 Discussion of Environmental Checklist Questions XXI. MANDATORY FINDINGS OF SIGNIFICANCE IMPACT ANALYSIS Does the Project: a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant With Mitigation. As described throughout the analysis in Section 5.0, with the incorporation of the identified mitigation measures, implementation of the proposed Project would not degrade the quality of the environment; would not substantially reduce the habitats of fish or wildlife species; would not cause a fish or wildlife population to drop below self-sustaining levels; would not threaten to eliminate a plant or animal; and would not eliminate important examples of major periods of California history or prehistory. With respect to the quality of the environment, the Project would not preclude the ability to achieve long-term environmental goals. b) Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental efforts of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probably future projects)? Less Than Significant Impact. While the Project may have the potential to impact the environment on a project-specific basis, these impacts would be limited in nature, as detailed throughout Section 5.0 of this IS/MND and would not contribute to a cumulative impact. c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant With Mitigation. Based on the analysis of the above-listed topics, the proposed Project could have the potential to impact human beings, either directly or indirectly; however, the implementation of the mitigation measures described throughout this document would reduce all potential impacts to less than significant levels. Page 141 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 6-1 Report Preparers SECTION 6.0 REPORT PREPARERS 6.1 YORBA LINDA WATER DISTRICT Reza Afshar .......................................................................................................... Senior Engineer 6.2 CONSULTANTS Psomas Senior Project Manager .......................................................................................... Jennifer Marks Assistant Project Manager ........................................................................................ Megan Larum Environmental Analyst ................................................................................................ Janet Powell Senior Biologist ................................................................................................. Amber O. Heredia Senior Archaeologist .......................................................................................... Charles Cisneros Air Quality/Greenhouse Gas Emissions/Acoustical Analysis ....................................... Tin Cheung GIS/Graphics .......................................................................................................... Michael Deseo Technical Editor .................................................................................................... Danaé Overman Senior Word Processor .............................................................................................. Sheryl Kristal Page 142 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 6-2 Report Preparers This page intentionally left blank Page 143 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 7-1 References SECTION 7.0 REFERENCES California Air Pollution Control Officers Association (CAPCOA). 2022. California Emission Estimator Model (CalEEMod)TM Version 2020.4.0, Developed by Breeze Software in Collaboration with South Coast AQMD and other California Air Districts. Sacramento, CA: CAPCOA. California Air Resources Board (CARB). 2022 (June 17, last accessed). iADAM—Top 4 Summary. Sacramento, CA: CARB. https://www.arb.ca.gov/adam/topfour/topfourdisplay.php. ———. 2020 (October, last updated). Area Designations Maps / State and National. Sacramento, CA: CARB. https://ww3.arb.ca.gov/desig/adm/adm.htm. ———. 2018 (September 28). AB 32 Global Warming Solutions Act of 2006. Sacramento, CA: CARB. https://ww2.arb.ca.gov/resources/fact-sheets/ab-32-global-warming-solutions- act-2006 ———. 2017. California Legislative Information. 2017 (May 25, access date). Senate Bill No. 32. Sacramento, CA: CARB. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB32. ———. 2016 (May 4) Ambient Air Quality Standards. Sacramento, CA: CARB. https://ww3.arb.ca.gov/research/aaqs/aaqs2.pdf. California Department of Conservation. (2016). Farmland Mapping and Monitoring Program, California Important Farmland Finder. Sacramento, CA: FMMP. https://maps.conservation.ca.gov/DLRP/CIFF/. California Department of Fish and Wildlife (CDFW). 2022). California Natural Diversity Database. Records of Occurrence for U.S. Geological Survey Orange and Yorba Linda quadrangles. Sacramento, CA: CDFW, Natural Heritage Division. California Department of Transportation (Caltrans). 2022 (April 13, last accessed). California State Scenic Highway System Map. Sacramento, CA: Caltrans. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8 e8057116f1aacaa. ———. 2020 (September) Transportation and Construction Vibration Guidance Manual. Sacramento, CA: Caltrans. https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research- innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no- 0123_0.pdf California Native Plant Society (CNPS). 2022. Inventory of Rare and Endangered Plants (online edition). Records of Occurrence for U.S. Geological Survey Orange and Yorba Linda quadrangles. Sacramento, CA: CNPS. http://www.rareplants.cnps.org/. California Office of the State Fire Marshal (CAL FIRE). 2022a (April 21, last accessed). Fire Hazard Severity Zone Viewer. Sacramento, CA: CAL FIRE. https://egis.fire.ca.gov/FHSZ/. Page 144 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 7-2 References ———. 2022b (April 21, last accessed). Very High Fire Hazard Severity Zone in LRA As Recommended by CAL FIRE. Sacramento, CA: CAL FIRE. https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and- mitigation/wildland-hazards-building-codes/fire-hazard-severity-zones-maps/. Environmental Data Resources, Inc. (EDR). 2022 (February 24) The EDR Radius Map™ Report with GeoCheck®: BNSF Waterline Crossing, Yorba Linda Blvd and Esperanza Rd, Yorba Linda, California 92887 (Inquiry Number 6873377.2s). Shelton, CT: EDR. Federal Transit Administration. 2018 (September). Transit Noise and Vibration Impact Assessment. https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research- innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no- 0123_0.pdf Federal Emergency Management Agency (FEMA). 2022 (June 27, last accessed). Flood Map Service Center. https://msc.fema.gov/portal/home. Governor’s Office of Planning and Research. 2018 (April). Technical Advisory on Evaluation Transportation Impacts on CEQA. Sacramento, CA: https://opr.ca.gov/docs/20180416- 743_Technical_Advisory_4.16.18.pdf. Halligan, A. 2022 (May 20). Personal Communication. Email Between A. Halligan (OC Waste and Recycling) and M.Larum. Natural History Museum of Los Angeles County. 2022 (April 24). Paleontological resources for Project 2YOR030203. Los Angeles, CA: LACM. Placentia, City of. 2019a (October 1, adopted). General Plan Conservation Element. Placentia, CA: Placentia. https://www.placentia.org/DocumentCenter/View/8725. ———. 2019b (October 1, adopted). General Plan Land Use Element. Placentia, CA: Placentia. https://www.placentia.org/DocumentCenter/View/8431. ———. 2019c (October 1, adopted). General Plan Land Use Map. Placentia, CA: Placentia. https://www.placentia.org/documentcenter/view/9465 ———. 2019d (October 1, adopted). General Plan Mobility Element. Placentia, CA: Placentia. https://www.placentia.org/DocumentCenter/View/8424. ———. 2019e (October 1, adopted). General Plan Safety Element. Placentia, CA: Placentia. https://www.placentia.org/DocumentCenter/View/8424. ———. 2018 (Spring). Community Services, Map of Facility and Park Locations. Placentia, CA: Placentia. https://www.placentia.org/98/Facility-Park-and-Field-Reservation-Info. ———. 1975. Municipal Code, City of Placentia, California. Quality Code Publishing. https://library.qcode.us/lib/placentia_ca/pub/municipal_code/item/title_23- chapter_23_76?view=all#title_23-chapter_23_76-23_76_030 Orange, County of. 2022 (April 13, last accessed). General Plan Chapter VI. Resources Element. Santa Ana, CA: County of. https://www.placentia.org/DocumentCenter/View/8725 https://ocds.ocpublicworks.com/sites/ocpwocds/files/import/data/files/40235.pdf. Page 145 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 7-3 References OC Waste & Recycling. 2022 (May 2, access date). Frank R. Bowerman Landfill. Santa Ana, CA: http://www.oclandfills.com/landfill/active/bowerman. Psomas. 2022. Construction Generated Noise. Pasadena, CA: Psomas. South Central Coastal Information Center. 2022 (May 24). Records Search Results for the Psomas Project 2YOR030203. Fullerton, CA: SCCIC. South Coast Air Quality Management District (South Coast AQMD). 2019 (March). South Coast AQMD Air Quality Significance Thresholds. Diamond Bar, CA: South Coast AQMD. http://www.aqmd.gov/docs/default-source/ceqa/handbook/scaqmd-air-quality- significance-thresholds.pdf. ———. 2010 (September 28). Greenhouse Gas CEQA Significance Threshold Stakeholder Working Group #15 (slide presentation). Diamond Bar, CA. South Coast AQMD. http://www.aqmd.gov/docs/default-source/ceqa/handbook/greenhouse-gases-(ghg)- ceqa-significance-thresholds/year-2008-2009/ghg-meeting-15/ghg-meeting-15-main- presentation.pdf?sfvrsn=2. ———. 2009. (October 29, revised). Table C-1: 2006-2008 Thresholds for Construction and Operation with Gradual Conversion of NOx to NO2. Diamond Bar, CA: South Coast AQMD. http://www.aqmd.gov/docs/default-source/ceqa/handbook/localized-significance- thresholds/appendix-c-mass-rate-lst-look-up-tables.pdf?sfvrsn=2. ———. 2008 (July, as revised). Final Localized Significance Threshold Methodology. Diamond Bar, CA: South Coast AQMD. http://www.aqmd.gov/home/rules-compliance/ceqa/air- quality-analysis-handbook/localized-significance-thresholds. ———. 1993 (as amended). CEQA Air Quality Handbook. Diamond Bar, CA: South Coast AQMD. U.S. Environmental Protection Agency (USEPA). 2019 (June 30, current as of). Nonattainment Areas for Criteria Pollutants (Green Book). Research Triangle Park, NC: USEPA. https://www3.epa.gov/airquality/greenbook/kbtc.html. ———. 1971 (December 31). Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances. United States Geological Survey. 2022 (June 27, last accessed). Areas of Land Subsidence in California. Reston, VA: USGS. https://ca.water.usgs.gov/land_subsidence/california- subsidence-areas.html. Yorba Linda Water District (YLWD). 2021 (February). Service Area web page and Water Service Area Map. Placentia, CA: YLWD. https://www.ylwd.com/about/service-area/. Page 146 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 7-4 References This page intentionally left blank Page 147 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 8-1 References SECTION 8.0 INTRODUCTION TO RESPONSES TO COMMENTS The IS/MND was released for public review and comment by YLWD on August 12, 2022. The public review period ended on September 12, 2022. YLWD, as the lead agency, has evaluated all substantive comments received on the IS/MND, and has prepared written responses to these comments. In accordance with the CEQA Guidelines (14 California Code of Regulations [CCR] §15074[b]), the decision-making body of the lead agency must consider the IS/MND and comments received before approving the project. This document, which will be provided to the YLWD Board of Directors, as the decision-making body, has been prepared in accordance with CEQA and represents the independent judgment of the lead agency. This Response to Comments document is organized as follows: Section 8 provides a brief introduction to this document. Section 9 identifies the IS/MND respondents. Section 10 provides responses to comments received on the IS/MND. Responses are provided in the form of individual responses to comment letters received. Comment letters are followed immediately by the responses to each letter. Page 148 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 8-2 References This page intentionally left blank Page 149 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 9-1 References SECTION 9.0 LIST OF RESPONDENTS The following is a list of local agencies that submitted comments on the IS/MND that were received by September 12, 2022 (the end of the public review period). Comments have been numbered and responses have been developed with corresponding numbers. Letter Respondent Date of Page No. No. Correspondence Local Agencies 4 Orange County Transportation Authority September 1, 2022 ............ 10-32 5 Orange County Sanitation District September 13, 2022 .......... 10-34 Page 150 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 9-2 References This page intentionally left blank Page 151 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 10-1 References SECTION 10.0 RESPONSES TO ENVIRONMENTAL COMMENTS This section includes responses to all substantive environmental issues raised in comments received on the IS/MND. When comments did not address the completeness or adequacy of the environmental documentation or when they did not raise environmental issues, the receipt of the comment is noted; no further response is provided as CEQA does not require a response in these instances. This section is formatted so that each comment letter is followed immediately by the corresponding responses. Page 152 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 10-2 References This page intentionally left blank Page 153 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 10-3 References Letter 1 Orange County Transportation Authority Dan Phu, Manager, Environmental Programs September 1, 2022 Comments Received  Please note, OCTA Bus Route 30 runs along Orangethorpe Avenue in the vicinity of the Project area, with bus stops located westbound, farside Lakeview Avenue in front of Duke’s Café, as well as eastbound, farside Lakeview Avenue at the crosswalk traversing Orangethorpe Avenue.  We are requesting that the Yorba Linda Water District coordinate with OCTA on any detours or potential impacts to OCTA’s bus service and/or bus stops. Response to Letter 1 The comment acknowledges receipt of the NOI and provided the following comments regarding existing OCTA Bus Route 30 in the vicinity of the Project site and requests that YLWD coordinate with OCTA on the need for any detours or potential impacts to the bus service or bus stops. As part of the construction process, YLWD will maintain contact with OCTA as needed to ensure that proper notice is given regarding impacts to bus service or the bus stops. Page 154 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx 10-4 References Letter 2 Orange County Sanitation District Justin Fenton, Engineering Manager, Planning Division September 13, 2022 Comment Received Please be advised Yorba Linda Water District proposed water improvement will be in the vicinity of and cross OC San sewers. Please ensure proper vertical and horizontal separation. Response to Letter 2 1. The comment acknowledges receipt of the NOI and advises YLWD that the proposed improvements will be located in the vicinity of and cross OC San sewers, and to ensure proper vertical and horizontal separation. As part of final design, YLWD will review required separation and ensure that minimum requirements are met. Page 155 of 334 APPENDICES A THROUGH E (PROVIDED SEPARATELY) Page 156 of 334 APPENDIX F MITIGATION MONITORING AND REPORTING PROGRAM Page 157 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx F-1 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM INTRODUCTION In accordance with the requirements of Public Resources Code Section 21081.6, and as part of its certification of the adequacy of the Mitigated Negative Declaration (MND) for the BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study/Mitigated Negative Declaration, the following “Mitigation Monitoring and Reporting Plan” (“MMRP” or “Plan”) is hereby adopted for this Project. The principal purpose of the MMRP is to ensure that the mitigation measures for the adopted Project are reported and monitored so as to ensure compliance with the measures’ requirements. MITIGATION MONITORING AND REPORTING PLAN The MMRP is provided in tabular format to facilitate effective tracking and documentation of the status of mitigation measures. The attached MMRP Table provides the following monitoring information: • Mitigation Program. The text of all adopted mitigation program for the Project from the MND. • Implementation Action. This summarizes the action that must be taken to implement the required measure. • Timing of Verification. This identifies when in the process the measure needs to be implemented. • Responsible Party. The party responsible for overseeing the implementation and completion of each measure. Page 158 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx F-2 Mitigation Monitoring and Reporting Program Mitigation Program Implementing Action(s) Time of Verification Responsible Party BIOLOGICAL RESOURCES - - BIO-1. To the extent possible, vegetation removal will be conducted during the non-breeding season (September 1 to January 31) in order to minimize direct impacts on nesting birds and raptors. If construction activities would be initiated during the breeding season for nesting birds/raptors (i.e., February 1–August 31), a pre- construction survey will be conducted by a qualified Biologist within five days prior to the initiation of construction (including demolition of structures). The nesting bird/raptor survey area will include a buffer of 300 feet around the work area for nesting birds and a buffer of 500 feet around the work area for nesting raptors (including burrowing owl). If no active nests are found, no further mitigation will be required. If the Biologist finds an active nest within or immediately adjacent to the construction area, and determines that the nest may be impacted or breeding activities substantially disrupted by increased activity around the nest, the Biologist will determine an appropriate protective buffer around the nest depending on the sensitivity of the species and the nature of the construction activity. The protective buffer shall be between 25 to 300 feet for nesting birds; 300 to 500 feet for nesting raptors. The active nest will be protected within the designated buffer until nesting activity has ended. Any protective buffers will be mapped on construction plans and designated as “Environmentally Sensitive Areas”. Construction can proceed within the protective buffer when the qualified Biologist has determined that the nest is no longer active (i.e., fledglings have left the nest or the nest has failed). Limit vegetation removal between September 1 and January 31/Conduct a pre- construction nesting bird survey Prior to initiation of construction/ verify implementation during construction YLWD Construction Contractor CULTURAL RESOURCES - - - CULT-1. In the event that cultural (archaeological) resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery and the contractor shall contact YLWD immediately. YLWD shall (a) retain a qualified professional archaeologist, and (b) contact the Tribal Monitor, for both to evaluate the significance of the find, and in consultation with YLWD, determine an appropriate course of action. If the archaeological resources are found to be significant, the archeologist, in consultation with YLWD, shall determine appropriate actions for exploration and salvage. If the resources are found to be significant Tribal Cultural Resources (as defined by Pub. Res. Code §21074(a)) (“TCR”), as determined by the Tribal Monitor, MM TCR-1 and MM TCR-2 will apply. After the find has been appropriately avoided or mitigated, work in the area may resume. Conduct archaeological observation and salvage during excavation activities Verify implementation during construction YLWD Construction Contractor Page 159 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx F-3 Mitigation Monitoring and Reporting Program Mitigation Program Implementing Action(s) Time of Verification Responsible Party CULT-2. In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found during ground-disturbing activities, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur. The County Coroner shall be notified of the discovery immediately. If the County Coroner determines that the remains are or believed to be Native American, s/he shall notify the NAHC in Sacramento within 24 hours of the discovery, and MM TCR-1 will apply. In accordance with Section 5097.98 of the California Public Resources Code, the NAHC must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendants shall complete their inspection within 48 hours of being granted access to the site by YLWD. YLWD would meet and confer with the most likely descendant regarding their recommendations prior to disturbing the site by further construction activity. Notify County coroner if human remains are encountered Implementation during ground- disturbing activities YLWD Construction Contractor GEOLOGY AND SOILS - - - GEO-1. In the event that paleontological resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery and the contractor shall contact YLWD immediately. YLWD shall retain a qualified professional paleontologist to evaluate the significance of the find, and in consultation with YLWD, determine an appropriate course of action. If the paleontological resources are found to be significant, the paleontologist, in consultation with YLWD, shall determine appropriate actions for exploration and salvage. After the find has been appropriately avoided or mitigated, work in the area may resume. Retain a qualified professional paleontologist Implementation during earth- disturbing activities YLWD Construction Contractor HYDROLOGY AND WATER QUALITY - - - HYDRO-1. Prior to initiation of construction, YLWD shall ensure that a Notice of Intent with the State Water Resources Control Board (SWRCB) has been filed in order to obtain coverage under the Construction General Permit. Pursuant to the permit requirements, the Construction Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices for reducing or eliminating construction-related pollutants in the site runoff. File Notice of Intent with State Water Resources Control Board/ Develop a SWPPP Prior to initiation of construction/ verify implementation during construction YLWD Construction Contractor TRIBAL CULTURAL RESOURCES - - - TCR-1. Prior to the commencement of earthwork activities, YLWD shall retain a monitor (“Tribal Monitor”) approved by the Gabrieleño Band of Mission Indians - Kizh Nation (“Kizh Nation”). “Earthwork activities” include pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling and trenching. YLWD shall provide written notification to the lead Tribal representatives from the Gabrieleno Band of Mission Indians - Kizh Nation and office indicating the date and time of the commencement of earthwork activities and will provide the Tribal Monitor reasonable access to the Project site to monitor the earthwork activities. During earthwork activities, the Tribal Monitor shall complete monitoring logs that describe the earthwork activities, including the type of earthwork activities, locations of the earthwork activities, soil types, and any other facts related to TCRs. The Tribal Monitor Retain a Tribal Monitor Prior to the commencement of earthwork activities YLWD Construction Contractor Page 160 of 334 BNSF Waterline Crossing at Veterans Village and Highland Avenue Initial Study / Mitigated Negative Declaration R:\Projects\2YOR\2YOR030203\Documentation\Final ISMND\BNSF Waterline Final MND_ADA-111722.docx F-4 Mitigation Monitoring and Reporting Program Mitigation Program Implementing Action(s) Time of Verification Responsible Party shall provide copies of the monitoring logs to YLWD upon request. If any TCRs are identified during the monitoring and evidence is presented that the discovery proves to be potentially significant under CEQA, as determined by the Tribal Monitor, all earthwork activities shall cease within 50 feet of the discovery, until the Tribal Monitor, in consultation with YLWD, determines the appropriate actions for explorations and/or recovery. TCR-2. In accordance with Section 7050.5 of the California Health and Safety Code, if Native American human remains (as defined in Pub. Res. Code §5097.98(d)(1)) are found during earthwork activities, no further excavation or disturbance of the site or any nearby area reasonably suspected, by the Tribal Monitor, to overlie the adjacent remains shall occur. The County Coroner shall be notified of the discovery immediately. If the County Coroner determines that the remains are or believed to be Native American, s/he shall notify the NAHC in Sacramento within 24 hours of the discovery. In accordance with Section 5097.98 of the California Public Resources Code, the NAHC must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendants shall complete their inspection within 48 hours of being granted access to the site by YLWD. YLWD would meet and confer with the most likely descendant regarding their recommendations prior to disturbing the site by further earthwork activity. Human remains and grave goods shall be treated as required by Public Resources Code section 5097.98, and their discovery shall remain confidential. Notify County coroner if Native American human remains are encountered During earthwork activities YLWD Construction Contractor Page 161 of 334 Mitigation Program Implementing Action(s) Time of Verification Responsible Party BIOLOGICAL RESOURCES BIO-1. To the extent possible, vegetation removal will be conducted during the non-breeding season (September 1 to January 31) in order to minimize direct impacts on nesting birds and raptors. If construction activities would be initiated during the breeding season for nesting birds/raptors (i.e., February 1–August 31), a pre- construction survey will be conducted by a qualified Biologist within five days prior to the initiation of construction (including demolition of structures). The nesting bird/raptor survey area will include a buffer of 300 feet around the work area for nesting birds and a buffer of 500 feet around the work area for nesting raptors (including burrowing owl). If no active nests are found, no further mitigation will be required. If the Biologist finds an active nest within or immediately adjacent to the construction area, and determines that the nest may be impacted or breeding activ ities substantially disrupted by increased activity around the nest, the Biologist will determine an appropriate protective buffer around the nest depending on the sensitivity of the species and the nature of the construction activity. The protective buffe r shall be between 25 to 300 feet for nesting birds; 300 to 500 feet for nesting raptors. The active nest will be protected within the designated buffer until nesting activity has ended. Any protective buffers will be mapped on construction plans and designated as “Environmentally Sensitive Areas”. Construction can proceed within the protective buffer when the qualified Biologist has determined that the nest is no longer active (i.e., fledglings have left the nest or the nest has failed). Limit vegetation removal between September 1 and January 31/Conduct a pre- construction nesting bird survey Prior to initiation of construction/ verify implementation during construction YLWD Construction Contractor CULTURAL RESOURCES CULT-1. In the event that cultural (archaeological) resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery and the contractor shall contact YLWD immediately. YLWD shall (a) retain a qualified professional archaeologist, and (b) contact the Tribal Monitor, for both to evaluate the significance of the find, and in consultation with YLWD, determine an appropriate course of action. If the archaeological resources are found to be significant, the archeologist, in consultation with YLWD, shall determine appropriate actions for exploration and salvage. If the resources are found to be significant Tribal Cultural Resources (as defined by Pub. Res. Code §21074(a)) (“TCR”), as determined by the Tribal Monitor, MM TCR-1 and MM TCR-2 will apply. After the find has been appropriately avoided or mitigated, work in the area may resume. Conduct archaeological observation and salvage during excavation activities Verify implementation during construction YLWD Construction Contractor Page 162 of 334 Mitigation Program Implementing Action(s) Time of Verification Responsible Party CULT-2. In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found during ground-disturbing activities, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur. The County Coroner shall be notified of the discovery immediately. If the County Coroner determines that the remains are or believed to be Native American, s/he shall notify the NAHC in Sacramento within 24 hours of the discovery, and MM TCR-1 will apply. In accordance with Section 5097.98 of the California Public Resources Code, the NAHC must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendants shall complete their inspection within 48 hours of being granted access to the site by YLWD. YLWD would meet and confer with the most likely descendant regarding their recommendations prior to disturbing the site by further construction activity. Notify County coroner if human remains are encountered Implementation during ground- disturbing activities YLWD Construction Contractor GEOLOGY AND SOILS GEO-1. In the event that paleontological resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth -disturbing activities within a 100-foot radius of the area of discovery and the contractor shall contact YLWD immediately. YLWD shall retain a qualified professional paleontologist to evaluate the significance of the find, and in consultation with YLWD, determine an appropriate course of action. If the paleontological resources are found to be significant, the paleontologist, in consultation with YLWD, shall determine appropriate actions for exploration and salvage. After the find has been appropriately avoided or mitigated, work in the area may resume. Retain a qualified professional paleontologist Implementation during earth- disturbing activities YLWD Construction Contractor HYDROLOGY AND WATER QUALITY HYDRO-1. Prior to initiation of construction, YLWD shall ensure that a Notice of Intent with the State Water Resources Control Board (SWRCB) has been filed in order to obtain coverage under the Construction General Permit. Pursuant to the permit requirements, the Construction Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices for reducing or eliminating construction-related pollutants in the site runoff. Pursuant to permit requirements, the Construction General Permit does not require preparation of a SWPPP and therefore this measure would not apply. File Notice of Intent with State Water Resources Control Board/ Develop a SWPPP Prior to initiation of construction/ verify implementation during construction YLWD Construction Contractor TRIBAL CULTURAL RESOURCES TCR-1. Prior to the commencement of earthwork activities, YLWD shall retain a monitor (“Tribal Monitor”) approved by the Gabrieleño Band of Mission Indians - Kizh Nation (“Kizh Nation”). “Earthwork activities” include pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling and trenching. YLWD shall provide written notification to the lead Tribal representatives from the Retain a Tribal Monitor Prior to the commencement of earthwork activities YLWD Construction Contractor Page 163 of 334 Mitigation Program Implementing Action(s) Time of Verification Responsible Party Gabrieleno Band of Mission Indians - Kizh Nation and office indicating the date and time of the commencement of earthwork activities and will provide the Tribal Monitor reasonable access to the Project site to monitor the earthwork activities. During earthwork activities, the Tribal Monitor shall complete monitoring logs that describe the earthwork activities, including the type of earthwork activities, locations of the earthwork activities, soil types, and any other facts related to TCRs. The Tribal Monitor shall provide copies of the monitoring logs to YLWD upon request. If any TCRs are identified during the monitoring and evidence is presented that the discovery proves to be potentially significant under CEQA, as determined by the Tribal Monitor, all earthwork activities shall cease within 50 feet of the discovery, until the Tribal Monitor, in consultation with YLWD, determines the appropriate actions for explorations and/or recovery. TCR-2. In accordance with Section 7050.5 of the California Health and Safety Code, if Native American human remains (as defined in Pub. Res. Code §5097.98(d)(1)) are found during earthwork activities, no further excavation or disturbance of the site or any nearby area reasonably suspected, by the Tribal Monitor, to overlie the adjacent remains shall occur. The County Coroner shall be notified of the discovery immediately. If the County Coroner determines that the remains are or believed to be Native American, s/he shall notify the NAHC in Sacramento within 24 hours of the discovery. In accordance with Section 5097.98 of the California Public Resources Code, the NAHC must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendants s hall complete their inspection within 48 hours of being granted access to the site by YLWD. YLWD would meet and confer with the most likely descendant regarding their recommendations prior to disturbing the site by further earthwork activity. Human remains and grave goods shall be treated as required by Public Resources Code section 5097.98, and their discovery shall remain confidential. Notify County coroner if Native American human remains are encountered During earthwork activities YLWD Construction Contractor Page 164 of 334 ITEM NO. 10.12. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Rosanne P. Weston, Engineering Manager Reza Afshar, Senior Engineer Adrian Ayala, Assistant Engineer I SUBJECT: Terms and Conditions for Sewer Service with the City of Yorba Linda for Lakeview Avenue Sewer Improvements, Job No. J-2013-03S RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Sewer Service with the City of Yorba Linda for Lakeview Avenue Sewer Improvements, Job No. J-2013-03S. SUMMARY: The City of Yorba Linda is proposing to construct sewer facilities in conjunction with their street improvement project on Lakeview Avenue, between Bastanchury Road and Oriente Drive. As part of their improvements, a portion of Lakeview Avenue is to be widened. Three existing residential lots, 4352, 4332, and 4322 Lakeview Avenue, which are all currently on private septic systems, are impacted by the street widening. To mitigate the impact on the properties, the City has agreed to extend the public sewer, allowing the property owners to connect to the public sewer. The owners of 4332 and 4322 Lakeview Avenue have agreed to connect to the public sewer system. The three lots are approximately 1.37 acres combined and are located within the District's Western Service Area. In order to serve the properties, the City would need to extend the existing sewer main on Lakeview Avenue, connect to an existing manhole through an existing stubout, construct a new terminal manhole, and install three sewer laterals up to the property lines per the District's standard plans. An exhibit depicting the project location is attached as a reference. FISCAL IMPACT: Funding Source: Developer Funded Account No: 2-2600 Job No: J-2013-03S BACKGROUND: The project is located within Drainage Area 2 of the District's Sewer Service Area. The District has an existing 8-inch sewer main stubout to an existing manhole located near the southwesterly corner of 4352 Lakeview Avenue, which would allow for the public sewer to be extended. The City's proposed Page 165 of 334 sewer will join the existing stubout and extend northerly on Lakeview Avenue. The City's contractor will install approximately 252 feet of 8-inch sewer main, three 4-inch offsite sewer laterals up to the property line with cleanouts and a terminal manhole. The Terms and Conditions for Sewer Service with the City of Yorba Linda for Lakeview Avenue Sewer Improvements are attached for the Board's consideration. PRIOR RELEVANT BOARD ACTION: The Board of Directors previously approved Terms and Conditions for Sewer Service with the City of Yorba Linda at the March 28, 2013 Board Meeting. The project was put on hold by the City due to lack of funding, and the Terms and Conditions had expired. ATTACHMENTS: 1. Terms and Conditions 2. Exhibit Page 166 of 334 Date: December 13, 2022 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR SEWER SERVICE NAME OF APPLICANT: CITY OF YORBA LINDA LOCATION OF PROJECT: 4322, 4332 AND 4352 LAVEVIEW AVENUE, YORBA LINDA TRACT NUMBER: N/A JOB NUMBER: J-2013-03S LOT(S): 3 The applicant will be required to complete to the satisfaction of the District the following items that have an “X” following the number. 1) ☒ The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) ☒ The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) ☒ The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 4) ☒ Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. 5) ☐ The applicant shall dedicate or obtain all easements deemed necessary b y the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 6) ☐ The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 7) ☐ The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. Page 167 of 334 Page 2 of 6 NAME OF APPLICANT: CITY OF YORBA LINDA LOCATION OF PROJECT: 4322, 4332 AND 4352 LAVEVIEW AVENUE, YORBA LINDA 8) ☒ The applicant shall furnish the District with a 24-hour emergency telephone number prior to the District’s approval of the construction plans. 9) ☒ The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 10) ☒ The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 11) ☒ The applicant shall provide, per the District specifications, the "As Built" AutoCAD file (version 2018 or earlier) of the Water and/or Sewer facilities. 12) ☐ The applicant shall complete a Water Service Agreement between the Yorba Linda Water District and the applicant. 13) ☐ The applicant shall pay all of the water fees as required by the Rules and Regulations for Water Service of the District. 14) ☐ The applicant shall pay meter fees associated with the installation of radio read meters for this project. 15) ☐ The applicant shall comply with the Rules and Regulations for Water Service of the Yorba Linda Water District. 16) ☐ The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. Applicant shall also provide to the District with a copy of conditions of approval issued by the Fire Agency having jurisdiction. 17) ☐ The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities . All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 18) ☐ The applicant’s engineer shall provide a computer hydraulic analysis report to confirm that the District’s existing water system can accommodate the project. The District’s consultant will verify, using the hydraulic model. If system deficiencies are found, the applica nt shall be required to provide mitigation to the satisfaction of the District. Page 168 of 334 Page 3 of 6 NAME OF APPLICANT: CITY OF YORBA LINDA LOCATION OF PROJECT: 4322, 4332 AND 4352 LAVEVIEW AVENUE, YORBA LINDA 19) ☐ The applicant’s future water facilities shall be conveyed to the District as indicated on applicant’s future Water Improvement Plans approved by the District. 20) ☐ The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test , and provide an approved copy to the District. A District representative shall be present to witness the flow test. 21) ☐ The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 22) ☐ The applicant shall install water Sampling Station(s) in conformance with the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. 23) ☐ The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 24) ☐ The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 25) ☐ All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 26) ☐ The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 27) ☐ The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 28) ☐ The applicant shall adjust and raise to grade all valve covers within the limits of this project. 29) ☐ The applicant shall install a pressure regulator in all buildings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 30) ☐ The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. Page 169 of 334 Page 4 of 6 NAME OF APPLICANT: CITY OF YORBA LINDA LOCATION OF PROJECT: 4322, 4332 AND 4352 LAVEVIEW AVENUE, YORBA LINDA 31) ☐ The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 32) ☐ The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly. 33) ☐ The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. 34) ☐ The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District’s Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross-Connections. 35) ☒ The applicant shall install all proposed water services at a minimum five -foot horizontal separation from proposed sewer laterals. All proposed water services that cross proposed sewer laterals shall cross over the sewer lateral at a minimum one-foot vertical separation from top of the proposed sewer laterals. 36) ☒ The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 37) ☒ The applicant shall complete a Sewer Service Agreement between the Yorba Linda Water District and the applicant. 38) ☒ The applicant shall comply with the Rules and Regulations for Sewer Service of the Yorba Linda Water District. 39) ☒ The applicant shall pay all of the sewer fees as required by the Rules and Regulations for Sewer Service of the District. 40) ☒ The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and the Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities . All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 41) ☐ The applicant’s engineer shall provide sewer flow calculations to confirm that the District’s existing sewer system can accommodate the peak wastewater generation from the project. The District’s consultant will verify, using the sewer hydraulic model. If system deficiencies are found, the applicant shall be required to provide mitigation to the satisfaction of the District. Page 170 of 334 Page 5 of 6 NAME OF APPLICANT: CITY OF YORBA LINDA LOCATION OF PROJECT: 4322, 4332 AND 4352 LAVEVIEW AVENUE, YORBA LINDA 42) ☒ The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 43) ☒ The applicant’s future sewer facilities shall be conveyed to the District as indicated on applicant’s future Water and Sewer Improvement Plans approved by the District. 44) ☒ The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. 45) ☒ All existing sewer laterals that are not useable in the new plan shall be cut and plugged at the main line. 46) ☒ The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 47) ☒ The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. 48) ☒ The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 49) ☒ The applicant shall install approximately 252 LF of 8-inch, three offsite sewer laterals and one dead end sewer manhole, per approved plans and sewer specifications. Page 171 of 334 Page 6 of 6 NAME OF APPLICANT: CITY OF YORBA LINDA LOCATION OF PROJECT: 4322, 4332 AND 4352 LAVEVIEW AVENUE, YORBA LINDA I hereby certify that the foregoing Terms and Conditions were approved at the December 13, 2022 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Sewer Service Agreement between Yorba Linda Water District and the applicant is not executed for the project under consideration. Richard Mark Toy General Manager Reviewed by: Rosanne P. Weston Engineering Manager Reviewed by: Reza Afshar Senior Engineer Page 172 of 334 LAKEVIEW AVENUE (PUBLIC) 18441 SOUTHERN HILLS WAY 4352 LAKEVIEW AVENUE 4332 LAKEVIEW AVENUE 4322 LAKEVIEW AVENUE TRACT 17648 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701-3000 PREPARED BY: YORBA LINDA WATER DISTRICT SCALE: DATE: FILENAME: TERMS & CONDITIONS EXHIBIT LAKEVIEW AVENUE SEWER IMPROVEMENTS SOUTHERN HILLS WAY (PUBLIC) SOUTHERN HILLS WAY (PUBLIC) ANDERSON GROVE PLACE (PUBLIC) VICINITY MAP Page 173 of 334 ITEM NO. 10.13. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: John DeCriscio, Operations Manager Freddie Ojeda, Operations Superintendent SUBJECT: Agreement with Base Hill, Inc. DBA Jan Point for Janitorial Services RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into a Janitorial Services Agreement with Base Hill, Inc. DBA Jan Point for a 3-year term beginning January 1, 2023 through December 31, 2025 for an estimated total cost of $220,000. SUMMARY: On November 8, 2022, the District solicited requests for proposals (RFPs) for janitorial services based on a cost per month over 3 years. Solicitations were sent to several vendors who had previously contacted the District and expressed an interest in providing this service: Jet Clean Janitorial Jani-King International, Inc. A&J Cleaning Service, Inc. Continental Maintenance, Inc. Additionally, a public notice was posted on the District website utilizing an electronic service provided by Quest Construction Data Network (CDN). Prospective vendors interested in providing janitorial services to the District were required to attend a job walk on or before November 29, 2022 at 2:00 p.m. and submit their bids by November 30, 2022 at 9:00 a.m. The District received one bid from Base Hill, Inc. DBA Jan Point. FISCAL IMPACT: Budgeted: Yes Total Budget: $100,000 for FY24 Cost Estimate: $221,132.88 Funding Source: Operating Funds Account No: 1-5060-0600-35 BACKGROUND: Page 174 of 334 Prospective vendors were given specifics as to how they were to submit their bids, including a Scope of Work and required material. One vendor submitted a bid that met the requirements of the scope of work. Base Hill, Inc. DBA Jan Point: $6,142.58 Monthly Base Hill, Inc. is the current service provider for the District, operating under a 3-year contract. The current contract expires on December 31, 2022. Base Hill, Inc. has provided similar services to the following agencies: Jurupa Community Services District, City of Rosemead, and City of South Pasadena. Each of these agencies has indicated they were pleased with the service received and are looking to renew their existing contracts. Upon review of the information provided, District staff has determined that Base Hill, Inc. will continue to provide satisfactory service in-line with our janitorial needs. PRIOR RELEVANT BOARD ACTION: The Board of Directors previously approved a Janitorial Contract on December 10, 2019. ATTACHMENTS: 1. Request for Proposals 2. Base Hill, Inc. Proposal Page 175 of 334 THE YORBA LINDA WATER DISTRICT (YLWD) REQUEST FOR PROPOSAL FOR JANITORIAL MAINTENANCE SERVICES Proposals must be received by 9:00 a.m., November 30, 2022, At Yorba Linda Water District, 1717 E. Miraloma Ave., Placentia, California 92870 Phone: (714) 231-0264 Page 176 of 334 INTRODUCTION The term of the Maintenance Service Agreement will be three (3) years. A mandatory job walk will occur on November 15, 2022 at 2:00 p.m. at Yorba Linda Water District, 1717 E. Miraloma Ave., Placentia, California 92870 SCOPE OF WORK The Yorba Linda Water District has four office buildings and one remote restroom that require cleaning. While the four office buildings occupy that same site, they use different addresses. To help facilitate this we have identified the buildings as such: The Administrative Building (Bldg. 4) is located at 1717 Miraloma Blvd, Placentia, CA 92870 (Cleaning schedule 4 times a week), (Office Building) The Operations Buildings (Bldg. 1, 2, 3) are located at 913 S. Richfield Road, Placentia, CA 92870. (Cleaning schedule 4 times a week), (Office Building) Fairmont Booster Pump Station Building is located at 4150 Fairmont Blvd, Yorba Linda, CA 92870. (Cleaning schedule 2 times a week), (Off Site Restroom) The Project Manager for this contract is: Freddie Ojeda Operations Superintendent P.O. Box 309 Yorba Linda, CA 92885 (714) 231-0264 fojeda@ylwd.com I.MATERIALS A. Contractor to supply all material and equipment as follows: 1. Dispensers to be filled by contractor and will be marked as; a. Anti-bacterial lotion hand soap. b. Hand scrubbing soap. c. Shower soap and shampoo. 2. Paper towels: PREMIUM 3-ply or equal a. Roll type. b.Multi-fold. 3. Toilet Tissue: PREMUIM 3-ply Quilted Northern or equal 4. Sanitary Napkins. 5. Toilet seat covers. 6. Toilet and urinal deodorizers. 7. Cleaning chemicals. 8. Floor cleaning products. 9. Floor stripping and waxing materials. Page 177 of 334 10. Hand tools, cloths, sponges and spray bottles. 11. Furniture polish and polishing cloths. 12. Wastebasket, sanitary disposal, and trash can liners (correct sizes). 13. Mops, buckets, brooms, buffers, dusters, etc. 14. Any other items/materials/equipment required to fulfill contract requirements. II.WORK PERIODS A. All areas: Four (4) days per week – Monday through Thursday, between the hours of 6:00 p.m. and 12:30 a.m. Arrangements for weekend work must be made in advance with the Project Manager. B. No work shall be performed on the following District Holidays if these days fall on a Monday thru Thursday; 1. Independence Day 2. Labor Day 3. Veterans Day 4.Thanksgiving 5. Day after Thanksgiving 6. Christmas Eve 7. Christmas Day 8. New Year’s Day 9. Presidents Day 10. Memorial Day III.FIELD INSPECTION A. Once per month and when directed by the District’s Project Manager, the Contractor and Project Manager will make a field inspection of contract work areas. (Assigned to the 1st Wednesday of each month – 8:00AM) IV.GENERAL INFORMATION A. Contractor will clearly mark their equipment and provide the District with an itemized inventory of all equipment by location. B. Contractor will not use any items marked as “YLWD”. C. The District will provide contractor with storage room (7’x9’). D. Contractor will sign in each day in the “Janitors log books” located at the Janitorial closet in the Warehouse. E. The District will provide two sets of keys or access cards with identification for each entry. F. Contractor to use appropriate cleaner for leather furniture only. G. Contractor shall complete a task sheet for all work showing completeness. This will be coordinated with the District representative as to make and location. Page 178 of 334 Contractor shall be liable for any cost related to building alarms that result from improperly rearming or arming of alarms during the course of their work. V WORK TO BE PERFORMED/TASKS A. FOUR DAYS* PER WEEK 1. Vacuum all carpets and spot clean where needed. 2. Vacuum all entryway carpets. 3. Clean counters, cabinet sinks and wipe down outside of all refrigerators and doors: a. Board Room b. Emergency Operations Center c. Lunch Rooms (Bldg. 2 & 4) d. Kitchenette (Bldg. 1) e. Counters (Bldg. 1 & 4) f. Conference Rooms g. DO NOT CLEAN COUNTERS/SINKS IN ANALYTICAL LABORATORY. 4. Wipe down chairs and tables a. In all lunch rooms. b. Board & training room. c. All conference rooms. d. All outside tables and chairs located in the Administration Building Patio. 5. Empty all wastebaskets and trash containers. a. Replace trash container liners daily: 1) Lunch/Kitchen Rooms 2) Laboratory area 3)Offices b. Dispose of trash in outside bins. 6. Sweep all floors with chemically treated dust mop: a. Tile in reception area Lobbies. b. Gray floor in Meter Room c. Blue floor in laboratory area. d. Central Vault in Bldg. 4. e. Lunchrooms and kitchens. 7. Properly position furniture: a. Lunch/Kitchen Rooms. b.Offices. c.Board/Conference Rooms. d.Lobby. 8. Check and lock all doors for both buildings: a. General Managers Office. b. Operations Managers Office. c.Laboratory. d. EOC / Training Room. e. All other rooms as identified by YLWD. 9. Restrooms, Showers and Locker Rooms in the Administration and Page 179 of 334 Operations Buildings: a. Empty and wipe down all wastepaper receptacles. b. Check and replenish all soap and paper dispensers. c. Empty and disinfect sanitary napkin receptacle. d. Clean, disinfect and wipe dry all basins and counters. e. Clean and disinfect all toilets and urinals. f. Clean all mirrors. g. Clean and polish all chrome fixtures and dispensers. h. Clean all soap dispensers. i. Wet mop all restrooms, locker areas and shower floors with germicidal disinfectant solution. B. TWO DAYS* PER WEEK (not consecutive days) 1. Wet mop all floors and spot clean as needed paying particular attention to: a. Tile lobby areas (reception area). b. Lunchrooms and halls. c. Central Vault in Bldg. 4. 2. Dust open areas on desks, chairs, counters, and office furniture. 3. Clean glass doors at all building entrances. 4. Sweep clean area outside of building entryways, distance of 10 ft, shake outside mats. 5. Scrub clean all restrooms, locker room, and shower tile floors and shower tile walls. 6. Spray with disinfectant, let stand for at least 30 minutes, and rinse clean all shower tiled floors and walls. 7. Scrub clean with scouring powder and wipe dry all basins and counters in restrooms and locker rooms. 8. Clean and polish drinking fountains. 9. Restrooms at Fairmont Booster Pump Station Building: a. Empty and wipe down all wastepaper receptacles. b. Check and replenish all soap and paper dispensers. c. Empty and disinfect sanitary napkin receptacle. d. Clean, disinfect and wipe dry all basins and counters. e. Clean and disinfect all toilets and urinals. f. Clean all mirrors. g. Clean and polish all chrome fixtures and dispensers. h. Clean all soap dispensers. I.Wet mop restroom with germicidal disinfectant solution. 10. Weight Room Area a. vacuum floor b. wipe down each piece of equipment with disinfect c. Empty trash receptacles d. Clean and polish all chrome fixtures and dispensers Page 180 of 334 C. ONE DAY* PER WEEK 1. Wet mop floors in laboratory and spot clean as needed: 2. Dust all partition, railing, and counter ledges. 3. Wipe down all door frames and door faces on both sides. 4. Dust tops of all file cabinets. 5. Remove dust, dirt and cobwebs from walls and ceilings 6. Clean all interior glass doors to include offices, general use areas, laboratory, conference rooms and lunchroom. 7. Spot wax floors as needed. 8. Buff all tile floors. 9. Wipe down lunchroom wall behind trash container and sink. 10. Clean top of trash cans in lunchrooms. 11. Sweep out uniform storage area. 12. Spray with mildew remover, let stand for at least 30 minutes, and rinse clean all shower tiled floors and walls. 13. Clean and disinfect toilet and urinal dividers, walls and doors with germicidal solution. 14. Clean and disinfect all lunchroom tables and chairs with germicidal solution. 15. Clean windows inside/outside of Bldg. 4 Entrance. 16. Clean all microwaves inside/outside. D. ONCE* PER MONTH 1. Brush and wipe down ceiling vents. 2. Brush or vacuum discoloration from ceiling panels. 3. Wipe down discoloration from lunchroom walls. 4. Thoroughly vacuum upholstered furniture, check and spot clean as necessary. 5. Clean all partition glass including offices, general use area. 6. Clean and polish all wooden furniture & doors. 7. Dust picture frames and bookcases. 8. Dust all mini-blinds and window sills. 9. Dust/clean vertical blinds. 10. Clean and organize janitor storage area. 11. Spot clean partition glass. 12. Spot clean around wall switches. 13. Wipe down base boards and spot clean as needed. 14. Strip and wax all tiled floors. 15. Clean all windows inside/outside of all bldgs. E. ONCE* EVERY THREE MONTHS: 1. Clean all windows - inside and outside. 2. Wipe down front & tops surfaces of all cabinets. 3. Clean and disinfect inside of all refrigerators. Page 181 of 334 4. Clean/wash all carpets 5. Strip and wax all tiled and linoleum floors F. EVERY* SIX MONTHS: 1. Dust air vents and grills. 2. Dust light fixtures and high places. 3. Strip and wax Data Center vinyl flooring. 4. Spot clean all walls in all buildings. G. ADDITIONAL SPECIFIC SERVICE FOR BOARD ROOM, THREE TIMES PER MONTH*, ON THE EVENING PRIOR TO A SCHEDULED BOARD MEETING (Board meets twice per month, usually on the second and fourth Tuesday of the month. Contractor’s Representative will confirm the date of the Board Meeting with the receptionist on a monthly basis.) 1. Brush and wipe down ceiling vents and down lights above board room chairs. 2. Thoroughly vacuum floor and upholstered furniture. 3. Clean all window ledges. 4. Clean and polish all wooden furniture, paying particular attention to board room casework. 5. Clean and scrub board granite countertops. 6. Dust picture frames, bookcases and chairs. 7. Dust all window sills in lobby. 8. Dust and wipe down podium and board room entry door. 9. Spot clean around wall switches and any wall dirty spots. 10. Wipe down base boards, handrails and spot clean as needed. 11. Empty and clean exterior of trash receptacle. Install new receptacle liner. 12. Sweep building entry concrete walk. 13. Clean lobby furniture. The District’s Project Manager to approve written cleaning schedule submitted by Contractor. ELEMENTS OF PROPOSAL The Proposal shall include, at a minimum, the following information: A brief letter that includes the following information: Complete legal company name (as it should appear in a contract). Company address. Contact person, telephone number, and e-mail address. Identify all team members including Sub-Consultants. Identify all materials and enclosures being included. Page 182 of 334 Provide statement regarding ability to perform the requirements of this RFP. Provide statement on willingness and ability to provide the required insurance coverage. The letter shall be signed by an individual authorized to bind the firm and shall contain a statement indicating that the Proposal is valid for 90 days after the due date for the RFP submittal. Provide recent project references. See attached form (Exhibit 1) to be used for each project and reference to be included in your proposal. Include a signed Affidavit of Noncollusion, attached as Exhibit 2 to this RFP. Include confirmation of receipt of any Addenda that may be issued to this RFP, including the Addendum number and date of receipt. Proposals shall be enclosed in sealed packages. The Consultant’s name and address shall appear clearly on the package. Each package shall contain a hardcopy of the proposal Proposals shall be mailed or hand-delivered to the following address: Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 Attn: Freddie Ojeda Re: Proposal for Janitorial Maintenance Services The District will not be responsible for Proposals that are delinquent, lost, mismarked, sent to an address other than the address provided above, or sent by mail or courier service and not signed and time stamped by the District. Only respond to this RFP if you are able to execute the Maintenance Services Agreement (sample attached as Exhibit 3). The provisions within the executed Maintenance Services Agreement shall apply to Sub-Consultants. In submitting a Proposal to this RFP, Consultant will be deemed to have agreed to each section in the Maintenance Services Agreement unless the Proposal states an objection to language within the Maintenance Services Agreement and the District agrees in writing to revise the objectionable language. District reserves the right to revise the Maintenance Services Agreement prior to Consultant and District signing the Maintenance Services Agreement. Written proof of insurance from either the Consultant's insurance carrier or equivalent regarding the Consultant’s professional liability coverage. Insurance requirements are described in the attached Maintenance Services Agreement. Page 183 of 334 CONSULTANT QUESTIONS, REQUESTS FOR CLARIFICATION, AND EXCEPTIONS In the event that the Consultant has any questions, requests for clarification, or would like to take an exception regarding any part of this RFP or its attachments, the Consultant shall notify the District in writing with their concerns. Questions, Requests for Clarification, and Exceptions submitted with the Proposal may result in the Proposal being deemed non-responsive and may be rejected. Exceptions will only be considered if all Proposals submitted are allowed the same exception. The District reserves the right to approve or deny any and all requested exceptions. Questions, Requests for Clarification, and Exceptions shall be directed in writing to Freddie Ojeda at fojeda@ylwd.com. GENERAL TERMS AND CONDITIONS Proposals may be withdrawn if written notification of withdrawal is signed by an authorized representative of the Proposer and received at the District office prior to closing time for receipt of Proposals. Proposals cannot be changed or withdrawn after the time designated for receipt. Proposals (including accompanying materials) will become the property of the District. Proposals will be held in confidence to the extent permitted by law. After award of a Maintenance Services Agreement or after rejection of all Proposals, the Proposals will be public records subject to disclosure under the California Public Records Act (Government Code Section 6250 et seq.). The District reserves the right to: Request additional information from prospective Consultants prior to final selection and to consider information about a Consultant other than that submitted in the Proposal or interview. Select Consultant(s) that, in the District’s judgment, will best meet the District’s needs and are most advantageous to the District. Verify all information submitted in the Proposals. Negotiate with any qualified Proposer and appoint more than one Consultant to provide services on portions of a given Task Order. Withdraw this RFP at any time without prior notice before a Maintenance Services Agreement is awarded. Amend this RFP. Amend the final Maintenance Services Agreement to incorporate necessary attachments and exhibits or to reflect negotiations between the District and the successful Consultant(s). Reject any or all Proposals. This RFP does not commit the District to retain one or any Consultant, to use the Consultant(s) exclusively, to assign a guaranteed amount of work, to pay a minimum amount if no Task Orders are released, to pay costs incurred in the preparation of Proposals, or to proceed with the Task Orders. Page 184 of 334 AFFIDAVIT OF NONCOLLUSION The attached Affidavit of Noncollusion (Exhibit 2) must appear in Consultant’s Proposal and signed by an authorized signatory of Consultant. Otherwise, the Proposal will be deemed nonresponsive and rejected. CONFLICT OF INTEREST Consultant warrants and represents that there is no actual or potential conflict between Consultant’s business, real property, or financial interests and the Services provided under the attached Maintenance Services Agreement. Consultant may not enter into any agreement during the performance of the Maintenance Services Agreement which will create a conflict of interest with Consultant’s duties to District under the Maintenance Services Agreement. In the event the District determines a conflict of interest exists, such conflict may constitute grounds for termination of the Maintenance Services Agreement. Page 185 of 334 EXHIBIT 1 PROJECT DESCRIPTION AND REFERENCE FORM NAME OF PROJECT AND YEAR: ________________________________________________ NAME(S) OF CONSULTANT TEAM MEMBERS WHO WORKED ON THE PROJECT: ______________________________________________________________________________ ______________________________________________________________________________ NAME(S) OF SUB-CONSULTANTS AND FIRMS THAT WORKED ON THE PROJECT: ______________________________________________________________________________ ______________________________________________________________________________ PROJECT DESCRIPTION: _______________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (Add pages if needed) CLIENT REFERENCE INFORMATION: NAME AND TITLE: ______________________________________________________ AGENCY: ______________________________________________________________ ADDRESS: _____________________________________________________________ PHONE NUMBER: _______________________________________________________ EMAIL ADDRESS: _______________________________________________________ Consultant hereby authorizes the District to perform such investigation of the Consultant as the District deems necessary to establish the qualifications, responsibility, trustworthiness, and financial ability of the Consultant. By its signature below, Consultant authorizes the District to obtain reference information concerning the Consultant and releases the party providing information and the District from any and all liability to the Consultant as a result of any reference information provided. Consultant further waives any right to receive copies of reference information provided to the District. By: __________________________________________________________________________ Signature of Authorized Representative Name and Title: ________________________________________________________________ Date: _________________________________________________________________________ Page 186 of 334 EXHIBIT 2 AFFIDAVIT OF NONCOLLUSION The following Affidavit of Noncollusion must appear in Consultant’s Proposal and signed by an authorized signatory of Consultant. Otherwise, the Proposal will be deemed nonresponsive and rejected. I, ___________________________________[NAME OF AUTHORIZED REPRESENTATIVE], hereby attest that I am the ________________________________ [REPRESENTATIVE’S TITLE] of _______________________________________________[LEGAL NAME OF CONSULTANT], who submits this Proposal to the Yorba Linda Water District, and further attest: 1. That this Proposal is made without collusion with any other person, firm or corporation and that the only person or parties interested as principals are named therein. 2. That _____________________________________[LEGAL NAME OF CONSULTANT] has not offered any gratuities, favors, or anything of monetary value to any official, employee, or agent of the District for the purpose of influencing consideration of this Proposal. I certify under penalty of perjury that the above information is correct By:______________________________________ Title:________________________________ Date:____________________________________ Page 187 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 1 MAINTENANCE SERVICES AGREEMENT BETWEEN THE YORBA LINDA WATER DISTRICT AND [INSERT PARTY] PROJECT/SITE: [DESCRIPTION] JOB #: [JOB#] DATE: [DATE] THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into on [DATE] (“Effective Date”), by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code (“District”), and [CONTRACTOR] (“Contractor”) (District and Contractor are sometimes individually referred to herein as a “Party” and collectively as the “Parties”). RECITALS A.District owns and operates certain facilities, located throughout its service area (“Facilities”). B.District requires a contractor with the requisite knowledge, skill, ability and expertise to provide the necessary maintenance services for the Facilities in all areas where the specialized services of Contractor are appropriate. C.Contractor represents to District that it is fully qualified and available to provide [DESCRIPTION] Services for District’s Facilities (“Services”). D.It has been determined that it is in the best interests of District to enter into the Agreement hereinafter contained. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the Parties agree as follows: AGREEMENT 1.0. SCOPE OF WORK / TERMS AND CONDITIONS / PREVAILING WAGES. The specific materials and Services to be provided by Contractor are called out in the Scope of Work attached as Exhibit “A”. The Services may constitute “public work” under Section 1720(a) of the Labor Code, which requires payment of prevailing wages for “public work”. Contractor shall perform all work necessary to complete the Services detailed in Exhibit “A” and shall furnish all labor, materials, equipment, supplies and incidentals, except those which are designated to be furnished by District. All Services under this Agreement shall be done in a workmanlike fashion and Contractor represents that it is competent to provide the Services required under this Agreement in a manner acceptable to District and in conformity with the requirements of this Agreement. Page 188 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 2 1.1. Project Manager. Contractor acknowledges that continuous and effective communication between District, Contractor, and other contractors (as appropriate) is necessary to the successful completion of the Services. Contractor’s primary contact with District shall be through District’s Project Manager specified on Exhibit “A”. District’s primary contact with Contractor shall be through the Contractor’s Representative, designated on Contractor’s Schedule for Services attached as Exhibit “A”. 1.2. Commencement of Work. The Services start date is called out on Exhibit “A”. Contractor shall perform all Services with due diligence as time is of the essence in the performance of this Agreement. Time limits applicable for the performance of Contractor’s Services are established in Exhibit “A”. 1.3. Term of Agreement. The term of this agreement shall be for [TERM] from the Effective Date of this Agreement. 2.0. COMPENSATION. As compensation for performance of the Services specified under the Scope of Work (Exhibit “A”), District shall pay Contractor an amount not to exceed that contained in Contractor’s Schedule for Services (Exhibit “A”). Payment will be made at the rates set forth in Contractor’s Fee Schedule, which is attached as Exhibit “A”. Costs or expenses not designated or identified in the Fee Schedule shall not be reimbursable unless otherwise provided in this Agreement. 2.1. Invoicing. Contractor shall submit an invoice within ten (10) days after the end of each month during the term of this Agreement describing the Services performed for which payment is requested. District shall review and approve all invoices prior to payment. District shall pay approved invoices within thirty (30) days of receipt. Contractor agrees to submit additional documentation to support the invoice if requested. If District does not approve an invoice, District shall send a notice to Contractor setting forth the reason(s) the invoice was not approved. Contractor may re-invoice District to cure the defects identified by District. The revised invoice will be treated as a new submittal. District’s determinations regarding verification of Contractor’s performance, accrued reimbursable expenses, if any, and percentage of completion shall be binding and conclusive. Contractor’s time records, invoices, receipts and other documentation supporting the invoices shall be available for review by District upon reasonable notice and shall be retained by Contractor for three (3) years after the term of this Agreement. 2.2. Extra Services. Before performing any Services outside the scope of this Agreement (“Extra Services”), Contractor shall submit a written request for approval of such Extra Services and receive written approval from District. District shall have no responsibility to compensate Contractor for any Extra Services provided by Contractor without such prior written approval. 3.0. TERMINATION. District may terminate this Agreement at any time upon ten (10) days written notice to Contractor. Should District exercise the right to terminate this Agreement, District shall pay Contractor for any Services satisfactorily completed prior to the date of termination, based upon Contractor’s Fee Schedule. Contractor may terminate this Agreement upon ten (10) days written notice to District in the event of Page 189 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 3 substantial failure by District to perform in accordance with the terms hereof through no fault of Contractor; or in the event District fails to pay Contractor in accordance with the terms in Section 2.0; or if Contractor’s Services hereunder are suspended for a period of time greater than ninety (90) days through no fault of Contractor. 3.1. Withholding Payment. In the event District has reasonable grounds to believe Contractor will be materially unable to perform the Services under this Agreement, or if District becomes aware of a potential claim against Contractor or District arising out of Contractor’s negligence, intentional act or breach of any provision of this Agreement, including a potential claim against Contractor by District, then District may, to the fullest extent allowed by law, withhold payment of any amount payable to Contractor that District determines is related to such inability to complete the Services, negligence, intentional act, or breach. 4.0. SAFETY. Contractor shall execute the Services so as to avoid injury or damage to any person or property. Contractor shall be solely and completely responsible for the safety of all Contractor personnel during performance of Services and while on District Facilities. Contractor shall fully comply with all state, federal and other laws, rules, regulations and orders relating to safety of the public and workers, including State of California, Department of Industrial Relations (Cal/OSHA) requirements. In case of conflict in regulations, the most stringent shall apply. Contractor shall comply with all applicable District Safety Practices during performance of Services under this Agreement. 5.0. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify District, its directors, officers, employees, and authorized volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees and costs, arising from all acts or omissions of Contractor or its officers, agents, or employees in rendering services under this Agreement; excluding, however, such liability, claims, losses, damages or expenses arising from District’s sole negligence or willful acts. Contractor’s duty to defend and indemnify YLWD includes, but is not limited to, defense and indemnity against claims and liability arising from disputes as to the payment of prevailing wages for Services under this Agreement. 5.1. Defense Counsel and Costs to Enforce Indemnity. Contractor shall defend District with legal counsel acceptable to the District. Contractor shall reimburse the District for any and all legal expenses and costs incurred by the District to enforce the indemnity herein provided. 6.0. INSURANCE REQUIREMENTS. Prior to execution of this Agreement, and at any time thereafter on request, Contractor shall provide the District either a copy of the policies and endorsements or executed certificates of insurance evidencing the required coverage and limits for each insurance policy. All certificates and endorsements are to be received and approved by the District before Services commence. However, failure to obtain the required documents prior to the Services beginning shall not waive the Contractor’s obligation to provide them. In addition, Contractor shall provide a new executed certificate Page 190 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 4 of insurance whenever an insurance policy required herein, expires, is renewed or is replaced. 6.1 Acceptability of Insurers. Unless otherwise approved by District, each insurance provider shall be authorized to do business in California and have an A.M. Best rating (or equivalent) of not less than “A:VII.” 6.2 Notice of Cancellation. Each insurance policy shall provide, or be endorsed to provide, that coverage shall not be cancelled except with prior written notice to the District. 6.3 Primary and Contributory Coverage. Except for Workers’ Compensation and Employer’s Liability insurance, each insurance policy shall be primary insurance as respects District, its affiliated organizations and its and their respective officers, directors, employees, agents, attorneys, and authorized volunteers (collectively, the “Covered Parties”) for all liability arising out of the Services performed by or on behalf of Contractor. Any insurance, pool coverage, or self-insurance maintained by Covered Parties shall be excess of, and shall not contribute to, Contractor’s insurance. 6.4 Insurance Coverage. At Contractor’s sole expense, Contractor shall provide and maintain at all times during the performance of this Agreement the following insurance: (1) Commercial General Liability (“CGL”) insurance; (2) Automobile Liability insurance; and (3) Workers’ Compensation and Employer’s Liability insurance. Contractor waives its right of recovery against the Covered Parties for damages covered by insurance required under this Agreement. Coverage shall be at least as broad as the following: 6.4.1. Commercial General Liability. Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 00 01) including products and completed operations, property damage, bodily injury, personal and advertising injury with limit of at least two million dollars ($2,000,000) per occurrence or the full per occurrence limits of the policies available, whichever is greater. If a general aggregate limit applies, either the general aggregate limit shall apply separately to the Services (coverage as broad as the ISO CG 25 03, or ISO CG 25 04 endorsement provided to the District) or the general aggregate limit shall be twice the required occurrence limit. 6.4.1.1. Additional Insureds. The Covered Parties are to be given insured status (at least as broad as ISO Form CG 20 10 10 01), with respect to liability arising out of the Services performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such Services. 6.4.2.Automobile Liability. Insurance Services Office (ISO) Business Auto Coverage (Form CA 00 01), covering Symbol 1 (any auto) or if Contractor has no owned autos, Symbol 8 (hired) and 9 (non-owned) with limit of at least one million dollars ($1,000,000) for bodily injury and property damage each accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the CGL policy. Page 191 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 5 6.4.2.1. Additional Insureds. Each Automobile Liability policy shall identify Covered Parties as additional insureds, or be endorsed to identify Covered Parties as additional insureds, with respect to liability arising out of Services performed by or on behalf of Contractor. 6.4.3. Workers’ Compensation and Employer’s Liability. As required by the State of California, and in accordance with the “Workers’ Compensation and Insurance Act” of the California Labor Code and any amendatory Acts, Contractor shall provide Workers’ Compensation and Employer’s Liability insurance with limits of at least $1,000,000 per accident for bodily injury or disease. 6.4.3.1. Obligation to Secure Compensation. By Contractor’s signature hereunder, Contractor acknowledges its obligation under Section 3700 of the California Labor Code to secure payment of compensation to its employees before commencing Services under this Agreement. 6.4.3.2. Waiver of Subrogation. Contractor shall require the insurer issuing the Workers’ Compensation insurance to waive all rights of subrogation against the Covered Parties for losses paid under the policy that arise from Services performed under this Agreement. This waiver applies regardless of whether or not the District received a waiver of subrogation from the insurer. 6.5 Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. 6.6 Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that District is an additional insured on insurance required from subcontractors. 7.0. EQUAL OPPORTUNITY. During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment in a manner that would violate state or federal law. 8.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between District and Contractor is that of an independent contractor and Contractor shall not, in any way, be considered to be an employee or agent of District. Contractor shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of District. District will not be legally or financially responsible for any damage or loss that may be sustained by Contractor because of any act, error, or omission of Contractor, nor shall Contractor make any claim against District arising out of any such act, error, or omission. 8.1. Taxes and Benefits. Contractor shall be solely responsible for the payment of all federal, state and local income tax, social security tax, Workers’ Compensation insurance, state disability insurance, and any other taxes or insurance Page 192 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 6 Contractor, as an independent contractor, is responsible for paying under federal, state or local law. Contractor is not eligible to receive Workers’ Compensation, medical, indemnity or retirement benefits through District, including but not limited to enrollment in CalPERS. Contractor is not eligible to receive overtime, vacation or sick pay. 8.2. Permits and Licenses. At Contractor’s sole expense, Contractor shall procure and maintain all permits, and licenses and other government-required certification necessary for the performance of its Services. 8.3. Methods. Contractor shall have the sole and absolute discretion in determining the methods, details and means of performing the Services required by District. Contractor shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and work necessary for the successful completion of the Services to be performed under this Agreement. District shall not have any right to direct the methods, details and means of the Services; however, Contractor must receive prior written approval from District before (a) assigning or changing any (i) work authorizations or (ii) assignment of Contractor’s project manager or key personnel and (b) using any subcontractors or subcontractor agreements for Services or materials under this Agreement. 9.0. NOTICES. Any notice may be served upon either Party by delivering it in person, or by depositing it in a U.S. Mail Deposit Box with the postage thereon fully prepaid, and addressed to the Party at the address set forth below: District: General Manager Yorba Linda Water District 1717 E Miraloma Ave Yorba Linda CA 92870 Contractor: As designated in Exhibit “A”. Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit with the United States Postal Service. If the Parties agree to accept electronic service, service of any notice may be effectuated by email to an email address provided by the Parties. 10.0. BINDING ARBITRATION. Within thirty (30) days after service of a civil action on either Party arising out of, or in connection with, this Agreement, either Party may elect to submit the action to binding arbitration before the Judicial Arbitration and Mediation Service (“JAMS”), located in Orange County. The Parties agree that upon an election to arbitrate, any civil action filed will be stayed until arbitration proceedings have concluded. Upon submission of the matter to JAMS, the submitting Party shall obtain from JAMS a list of three (3) randomly selected arbitrators and serve said list upon the other Party. In the event that there are more than two parties to the action, the number of arbitrators randomly selected and included in the list shall be increased by two for each additional party involved. Upon service of the randomly selected list of arbitrators, each party shall have twenty (20) days to eliminate two arbitrators from the list and return it to JAMS, with the selected arbitrator being Page 193 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 7 the remaining name on the list. Should more than one name remain on the list, JAMS will randomly select the arbitrator from the names remaining on the list. Arbitration shall be scheduled for hearing on the merits no later than six (6) months after the date the arbitrator is selected. All parties shall be permitted to conduct discovery as provided by the current rules of the California Code of Civil Procedure. All costs of JAMS or of the arbitrator for services shall be divided equally among the Parties, unless otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision, the arbitrator’s award shall be supported by law and substantial evidence. 11.0 ATTORNEY’S FEES. In the event of any claim or legal action arising out of this Agreement or Services, the prevailing Party shall be entitled to reasonable costs and expenses, including attorney’s fees. 12.0 NO IMPLIED WAIVERS. If any term, condition, or provision of this Agreement is breached by either Party and thereafter waived by the other Party, that waiver will be limited to the specific breach so waived, and will not be deemed either to be a continual waiver or to waive any other breach under this Agreement. 13.0 ASSIGNMENT. Neither Contractor nor District may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other Party, which shall not be unreasonably withheld. 14.0. FORCE MAJEURE. Upon written notice by the owing Party, the respective duties and obligations of the Parties hereunder (except District’s obligation to pay Contractor such sums as may become due from time to time for services rendered by it) shall be suspended while and so long as performance thereof is prevented or impeded by strikes, disturbances, riots, fire, governmental action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the reasonable control of the Party from whom the affected performance was due. 15.0. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement, and all Exhibits, represent the entire and integrated agreement between District and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both District and Contractor. 16.0 ELECTRONIC SIGNATURES AND COUNTERPARTS. Any Party may execute this Agreement using an “electronic signature,” as that term is defined in California Civil Code Section 1633.2, or a “digital signature,” as defined by California Government Code Section 16.5. An electronic or digital signature will have full legal effect and enforceability. This Agreement may be executed in multiple counterparts, each of which is an original. All signatures taken together will be considered as one and the same agreement. Page 194 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be entered into as of the Effective Date. District:Contractor: Yorba Linda Water District [NAME] By:By: Richard Mark Toy General Manager (Name and Title) APPROVED AS TO FORM:REVIEWED BY: Kidman Gagen Law LLP Yorba Linda Water District By:By: Andrew B. Gagen, General Counsel (Dept Manager Name and Title) Attachments: Exhibit A: Contractor’s Scope of Work, Schedule for Services, and Fee Schedule Exhibit B: Insurance Certificates Page 195 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 9 EXHIBIT A CONTRACTOR’S SCOPE OF WORK, SCHEDULE OF SERVICES, AND FEE SCHEDULE Page 196 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 10 EXHIBIT “B” INSURANCE CERTIFICATES Page 197 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 11 CERTIFICATE 1: COMMERCIAL GENERAL LIABILITY INSURANCE This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma Ave., Placentia, California 92870, that the following described policy has been issued to: Insured: Address: Coverage is provided for the following Contract No. (under an annual policy and is not project specific coverage): (Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage, Occurrence Form No. CG 00 01.) Type of Insurance COMMERCIAL GENERAL LIABILITY: “Occurrence” Policies Only Insurer and Policy No.: Policy Expiration Date: Limits of Liability in Thousands (000) Policy Covers Each Occurrence Aggregate BODILY INJURY: $ $ PROPERTY DAMAGE $ $ PERSONAL INJURY $ $ COMP OPERATIONS AGGREGATE $ [X] Premises Operations [X] Contractual Liability [X] Products/Completed Operations [X] Separation of Insureds Page 198 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 12 I have examined the policy mentioned in the foregoing section, and am familiar with the terms and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s Agreement with Yorba Linda Water District. I do not certify that the policy covered by this Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda Water District but instead only confirm that the policy covered by this Certificate expires on the Policy Expiration Date. I certify that the following provisions apply: 1) The Yorba Linda Water District, its affiliated organizations and its and their respective officers, directors, employees, agents, consultants, attorneys, successors and assigns (“Covered Parties”) are named as additional insureds on the above-described insurance policy, as respects liability arising out of the activities performed by or on behalf of the Insured. Coverage for the Covered Parties is not limited to vicarious liability. Defense costs are paid in addition to limits. 2) The above-described insurance policy shall be primary insurance and any insurance, pool coverage, or self-insurance maintained by the Covered Parties shall be excess of the above-described insurance policy and shall not contribute with it. The Yorba Linda Water District shall not be liable for the payment of premiums or assessments under this policy. 3) The above-described policy will not be canceled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been given to Yorba Linda Water District. 4) The insurer issuing this policy has a Best’s rating as of the date set forth below of no less than “A:VII.” Insurance Carrier: Address: I, , under penalty of perjury under the laws of the State of California, declare as Insurance Broker to the Insured that the foregoing statements in this Certificate are true and correct as of this ______ day of ___________________, 20_____. Broker Representative: Company or Firm: Phone: Date: Page 199 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 13 CERTIFICATE 2: AUTOMOBILE LIABILITY INSURANCE This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma Ave., Placentia, California 92870, that the following described policy has been issued to: Insured: Address: Coverage is provided for the following Contract No. (under an annual policy and is not project specific coverage): Coverage is Insurance Services Office (Form No. CA 0001, or equivalent) covering Automobile Liability, Code 1 (any auto) or in the alternative, owned or scheduled autos plus non-owned and hired autos. Type of Insurance: AUTOMOBILE LIABILITY: “Occurrence” Policies Only Insurer and Policy No.: Policy Expiration Date: Limits of Liability in Thousands (000) Policy Covers Each Occurrence Aggregate BODILY INJURY: $ $ PER PERSON BODILY INJURY: $ $ PER ACCIDENT PROPERTY DAMAGE $ $ BODILY INJURY AND PROPERTY DAMAGE COMBINED: $ $ [X] Comprehensive Form [X] Any Auto [X] Owned [X] Non-owned [X] Hired Page 200 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 14 I have examined the policy mentioned in the foregoing section, and am familiar with the terms and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s Agreement with Yorba Linda Water District. I do not certify that the policy covered by this Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda Water District but instead only confirm that the policy covered by this Certificate expires on the Policy Expiration Date. I certify that the following provisions apply: 1) The Yorba Linda Water District, its affiliated organizations and its and their respective officers, directors, employees, agents, consultants, attorneys, successors and assigns (“Covered Parties”) are named as additional insureds on the above-described insurance policy, as respects liability arising out of activities performed by or on behalf of the Insured. 2) The above-described insurance policy is primary insurance and any insurance, pool coverage, or self-insurance maintained by the Covered Parties shall be excess of the above-described insurance policy and shall not contribute with it. The Yorba Linda Water District shall not be liable for the payment of premiums or assessments under these policies. 3) The above-described policy will not be canceled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been given to Yorba Linda Water District. 4) The insurer issuing this policy has a Best’s rating as of the date of set forth below of no less than “A:VII.” Insurance Carrier: Address: I, , under penalty of perjury under the laws of the State of California, declare as Insurance Broker to the Insured that the foregoing statements in this Certificate are true and correct as of this ______ day of ___________________, 20_____. Broker Representative: Company or Firm: Phone: Date: Page 201 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 15 CERTIFICATE 3: WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma Ave., Placentia, California 92870, that the following described policy has been issued to: Insured: Address: Coverage is provided for the following Contract No. (under an annual policy and is not project specific coverage): (Coverage shall be as broad as required by the Labor Code of the State of California and Employer’s liability coverage.) Limits of Liability in Thousands (000) Policy Covers [X] WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY $ (EACH ACCIDENT) Insurer and Policy No.: Policy Expiration Date: I have examined the policy mentioned in the foregoing section, and am familiar with the terms and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s Agreement with Yorba Linda Water District. I do not certify that the policy covered by this Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda Water District but instead only confirm that the policy covered by this Certificate expires on the Policy Expiration Date. I certify that the following provisions apply: 1) The above-described policy will not be canceled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been given to Yorba Linda Water District. Page 202 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 16 2) The insurer issuing the above-described insurance policy shall have waived, either according to the terms in their policies or by endorsement, all rights of subrogation against the Covered Parties. The insurance policy allows the Insured to waive their right of recovery prior to loss. 3) The insurer issuing this policy has a Best’s rating as of the date set forth below of no less than “A:VII.” Insurance Carrier: Address: I, , under penalty of perjury under the laws of the State of California, declare as Insurance Broker to the Insured that the foregoing statements in this Certificate are true and correct as of this ______ day of __________________, 20_____. Broker Representative: Company or Firm: Phone: Date: Page 203 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 17 CERTIFICATE 4: ERRORS AND OMISSIONS This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma Ave., Placentia, California 92870, that the following described policy has been issued to: Insured: Address: Coverage is provided for the following Contract No. (under an annual policy and is not project specific coverage): Limits of Coverage Per Claim Aggregate $ $ Insurer and Policy No.: Policy Expiration Date: I have examined the policy mentioned in the foregoing section, and am familiar with the terms and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s Agreement with Yorba Linda Water District. I do not certify that the policy covered by this Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda Water District but instead only confirm that the policy covered by this Certificate expires on the Policy Expiration Date. I certify that the following provisions apply: 1) The above-described insurance policy is primary insurance and any insurance, pool coverage, or self-insurance maintained by the Covered Parties shall be excess of the above-described insurance policy and shall not contribute with it. The Yorba Linda Water District shall not be liable for the payment of premiums or assessments under these policies. 2) The above-described policy will not be canceled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been given to Yorba Linda Water District. Page 204 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 18 3) The insurer issuing this policy has a Best’s rating as of the date set forth below of no less than “A:VII.” Insurance Carrier: Address: I, , under penalty of perjury under the laws of the State of California, declare as Insurance Broker to the Insured that the foregoing statements in this Certificate are true and correct as of this ______ day of ___________________, 20_____. Broker Representative: Company or Firm: Phone: Date: Page 205 of 334 Page 206 of 334 Page 207 of 334 Page 208 of 334 Page 209 of 334 Page 210 of 334 Page 211 of 334 Page 212 of 334 Page 213 of 334 Page 214 of 334 Page 215 of 334 Page 216 of 334 Page 217 of 334 Page 218 of 334 Page 219 of 334 Page 220 of 334 Page 221 of 334 Page 222 of 334 Page 223 of 334 ITEM NO. 10.14. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: John DeCriscio, Operations Manager Freddie Ojeda, Operations Superintendent SUBJECT: Agreement with Brightview Landscape, Inc. for Landscape Maintenance Services RECOMMENDATION: That the Board of Directors authorize the General Manager to enter into a Landscape Maintenance Services Agreement with Brightview Landscape, Inc. for a 3-year term beginning January 1, 2023 through December 31, 2025 with an estimated total cost of $125,000. SUMMARY: On November 9, 2022, the District solicited requests for proposals (RFPs) for Landscape Maintenance Services based on a cost per month over 3 years. Staff publicized the request for proposals on the District's website using an electronic service provider via Quest Construction Data Network (CDN). The notice provided to the vendors required a job walk on or before November 29, 2022 for any vendor wishing to submit a bid. Prospective vendor(s) who attended the mandatory job walk were provided with weekly work assignments (Scope of Work) for the following District sites: Richfield/Miraloma Campus, Lakeview Reservoir, and Valley View Booster Pump Station. In addition, they received instructions as to how proposals must be submitted. The directions included detailed cost sheets showing labor hours for each task and site, as well as labor and material costs, with a total cost per month. The bid close date was set for November 30, 2022 at 10:00 a.m., with only one vendor submitting a bid. It should be noted, this contract is for weekly routine landscape maintenance services at the three locations listed above and in the contract. Yorba Linda Water District has approximately 20 additional facilities which require additional landscape services on an as-needed basis. These include tree trimming and removal, shrub and tree clearing, weed removal, planting, and irrigation system repairs and services. These additional locations and services are not included in this contract and will be requested and billed on an as-needed basis. Staff has estimated that the total annual cost for landscape services for this contract and the additional as-needed services to be $135,000 annually. FISCAL IMPACT: Budgeted: Yes Page 224 of 334 Total Budget: $135,000 for FY24 Contract Cost Estimate: $41,400 Annually Funding Source: Operating Funds Account No: 1-5060-0600-35 Job No: N/A BACKGROUND: Brightview Landscape, Inc. is the current service provider for the District, operating under a 3-year contract. The current agreement with Brightview is set to expire on December 31, 2022. In advance of the contract expiration, staff developed a scope of work and conducted a comprehensive RFP process to identify the best vendor to continue providing the District with landscape maintenance services. Brightview Landscape, Inc. was the only vendor to submit their proposal with an estimated cost per month: Brightview Landscape, Inc.: $3,450 In an effort to better manage landscape maintenance at all District Facilities, District Staff reviewed the needs of each site and evaluated the proposal based on responsiveness, experience, and the total cost and labor hours that would be required to complete the work at each site. Brightview Landscape, Inc. has been in business for many years and boasts an extensive roster of clients including governmental and private entities. Brightview has received favorable reviews from its existing clients in the area, including the cities of Irvine, Cerritos, and La Mirada. After thorough review of the information provided, staff believes that Brightview Landscape, Inc. represents the best option for the District's landscape maintenance services needs. PRIOR RELEVANT BOARD ACTION: The Board of Directors previously approved a Landscape Maintenance Contract on December 22, 2016. ATTACHMENTS: 1. Brightview Landscape, Inc. Proposal 2. RFP Landscape Maintenance Page 225 of 334 _ BrightView • • • • • • , Landscape Services { ' ind I f 4 � , r �s f Page 226 of 334 BrightView What's Inside I. Letter Of Proposal elements VIII. Weed control and Fertilize/insecti- cides 11. Landscape Maintenance that goes above Site 1) 1717 E Mira Loma Scope of work Site 2)3500 E.Valley View Circle Scope of work Site 3)4045 Lakeview Ave Scope of work Ill. Irrigation Management IX. The right team on the ground IV. Turf Management X. Pricing of Maintenance Services Mowing Trimming Edging Fertilization Weed Control Litter Control V. Shrub and plant care A Exhibit 1 Corrective Pruning Maintenance Pruning Pruning Methods for shrubs A Tree management program XII. Exhibit 2 Tree pruning' Disease Control Insect control VII. Clean Up X111. Proof of Insurance Removal of landscape Debris XIV. References Site Cleanliness Page 227 of 334 November 30, 2022 Yorba Linda Water District BrightView 1717 E. Miraloma Avenue Placentia, CA 92870 Dear Freddie Ojeda, BrightView Landscape Services, Inc. is pleased to submit our proposal to provide professional landscape maintenance services to Yorba Linda Water district for 3 sites at; 1717 E Mira Loma, Anaheim, 3500 E Valley View Circle Yorba Linda, and 4045 Lakeview Ave Yorba Linda. Myself, Ivonne Garcia, Felipe Aguilera, and Christian Galindo will be working hand and hand with you on this project of Yorba Linda Water District. The enclosed proposal will demonstrate how our experienced and skilled team will achieve your landscape goals, and give your property the upscale feel you desire. We look forward to continuing our partnership with you. Yorba Linda Water District deserves a landscape management partner that will deliver on your key objectives without compromise. BrightView's Experience, Depth of Knowledge, Resources, and Dedicated Team Members make that possible. We have serviced this beautiful property in the past and we would be grateful to continue to do so. Thank you for the opportunity to submit this proposal. I will follow up with you in the next few days to answer any questions you may have. Feel free to contact me at (949) 243-6896 or by email at Dvlanmitchell@briahtview.com We would welcome any meeting with your Leadership team for further discussion. BrightView has the ability to perform the requirements stated in the RFP. Included in this proposal is our proof of insurance, and materials to be included. Proposal is only valid up to 90 days. Here is how we will continue to separate ourselves from our competition: • Provide Proactive, Solutions-Focused Communication - We understand that one of the most common complaints with landscape maintenance suppliers is poor communication. With BrightView, I can assure you proactive, solutions-focused communications. Your Account Manager, Ivonne Garcia, will make sure of it. Together you and Ivonne will determine how you wish to hear from us, the frequency, and whether you prefer written or verbal communications. In this proposal, you can learn about how we engage with other customers to see if some of our standard communications options work for you. Again, though, remember that we are absolutely ftexible. • Quality Control- Managing quality control and the details of the landscape is our job, not yours. We have several quality control methods in place to assure that we pay attention to the details and hold our crews accountable for the work being performed. Your Account Manager completes a punch list and a quality evaluation form every week and reviews them with the on-site crew leader. • Accountable for High Quality Work— We have several quality control methods in place to assure we pay attention to the landscape details that are important to you and we hold our crews accountable for the work being performed. Your Account Manager completes a monthly QSA (Quality Site Assessment) to ensure there is follow through on all communication and work orders. Sincerely, Dylan Mitchell Christian Galindo 1300 N Lakeview, VP/GM Anaheim, CA, 92807 BrightView Landscapes Page 228 of 334 w Landscape Maintenance that Goes ' Above & Beyond t ANEW t _ OW N` F BrightView Yorba Linda Water District Site 1, 1717 E Miraloma Ave, Placentia CA, 92870, Weekly Maintenance Key Scope; Task 1: Irrigation system care: - A) Quarterly check of all drip irrigation for proper operation while system is running. - B) Quarterly Check and clean of all drip filters. - C) Quarterly, Reset controller schedule for seasonal conditions. Task 2: Lawn Care: A)- Mow and edge weekly B)- Fertilize every 120 days, once per year use Weed Feed. C)- Provide a schedule for fertilizing of lawns. D)- Weed control and abatement weekly.' Task 3: Shrub and Ground Cover Care: A)- Fertilize four times per year (expected quarterly intervals) with balanced fertilizer. Price on spreadsheet shall reflect cost for each time BrightView is asked to complete this task. (i.e. each time site is fertilized). B)- Provide schedule for fertilizing of plant materials. C)- Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also notify district as to cause of decline. D)- Trim shrubs and dispose of debris. E)- Shrubs and hedges must not exceed higher than "36. F)- Trim fence line North side of property. Task 4: Tree Care: A)- Stakes for trees shall be checked and removed when the tree is self—supporting. Adjust the tree ties and stakes as needed for proper support. B)- Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also, notify district as to cause of decline. C)-Trimming of trees in all other areas shall be as needed to clear for vehicles. Page 230 of 334 Task 5: Clean-Up: A)- All litter shall be removed weekly. B)- The entire project site shall be maintained in a neat and presentable condition. C)- Blow off concrete sidewalks and paved road remove debris. D)- All debris shall be removed from the site and disposed of by BrightView Task 6: Weed Control: A)- BrightView will remove weeds in the course of performing other tasks listed above as they are found. B)- Areas of note are the lawns, planter and shrub areas, and all areas that are street facing. C)- Weed control using Round-Up and Pre-Emergent. Task 7: Fertilizers, insecticides: A)- Install "Grow-Power 7—gram tablet" with20% humus as manufactured by Gro- Power Inc., Chino, CA 909-393-3744, or approved equal, annually for each tree. Use 6 tablets per tree spaced equally at the drip line and placed at least 12" below grade. B)- Fertilize shrub areas with balanced fertilizer. Brightview is responsible for detecting turf and plant diseases as pests as soon as their pres- ence is manifested. BrightView shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the problem. Brightview shall re- move all rodents, taking control measures immediately upon discovery. Page 231 of 334 ri ` tView Yorba Linda Water District Site 2, 3500 E Valley View Circle, Yorba Linda, CA, 92886. Weekly Maintenance Key Scope; Task 1: Irrigation system care: - A) Quarterly check all irrigation for proper operation while system is running. - B) Quarterly Check and clean of all filters. - C) Quarterly, Maintain controller schedule for seasonal conditions as often as needed. Task 2: Lawn Care: A)- Mow and edge weekly B)- Fertilize every 120 days, once per year use Weed Feed. C)- Provide a schedule for fertilizing of lawns. D)- Weed control and abatement weekly. Task 3: Shrub and Ground Cover Care: A)- Fertilize four times per year (expected quarterly intervals) with balanced fertilizer. Price on spreadsheet shall reflect cost for each time BrightView is asked to complete this task. (i.e. each time site is fertilized). B)- Provide schedule for fertilizing of plant materials. C)- Notify District regarding plants/trees which die or lose more than 30% of their origi- nal leaves. Also notify district as to cause of decline. D)- Trim shrubs as needed. Do not shear shrubs/hedges. Dispose of debris. E)- Shrubs and hedges must not exceed higher than "36. Task 4: Tree Care: A)- Stakes for trees shall be checked and removed when the tree is self—supporting. Ad- just tree ties and stakes as needed for proper support. B)- Notify District regarding plants/trees which die or lose more than 30% of their origi- nal leaves. Also, notify district as to cause of decline. C)-Trimming of trees in all other areas shall be as needed to clear for vehicles. Page 232-of 334 Task 5: Clean-up: A)- A)- All litter shall be removed weekly. B)-The entire project site shall be maintained in a neat and presentable condition. C)- Blow off concrete sidewalks and paved road remove debris. D)- All debris shall be removed from the site and disposed of by BrightView Task 6: Weed Control: A)- BrightView will remove weeds in the course of performing other tasks listed above as they are found. B)- Weed control using Round-Up and Pre-Emergent. Task 7: Fertilizers, insecticides: A)- Install "Grow-Power 7—gram tablet" with20% humus as manufactured by Gro- Power Inc., Chino, CA 909-393-3744, or approved equal, annually for each tree. Use 6 tablets per tree spaced equally at the drip line and placed at least 12" below grade. B)- Fertilize shrub areas with balanced fertilizer. Brightview is responsible for detecting turf and plant diseases as pests as soon as their presence is manifested. BrightView shall take immediate action to identify the disease and/ or pest and apply such remedies as are necessary to control the problem. Brightview shall remove all rodents, taking control measures immediately upon discovery. Page 2338of 334 rightV : Yorba Linda Water District Site 3, Lake View Pump Sta- tion/ Reservoir 4045 Lakeview Ave Yorba Linda, CA 92886. Weekly Maintenance Key Scope; Task 1: Irrigation system care: - A) Quarterly check all irrigation for proper operation while system is running. - B) Quarterly Check and clean of all filters. - C) Quarterly, Maintain controller schedule for seasonal conditions as often as need- ed. Task 2: Shrub and Ground Cover Care: A)- Fertilize four times per year (expected quarterly intervals) with balanced fertiliz- er. Price on spreadsheet shall reflect cost for each time BrightView is asked to complete this task. (i.e. each time site is fertilized). B)- Provide schedule for fertilizing of plant materials. C)- Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also notify district as to cause of decline. D)- Trim shrubs as needed. Do not shear shrubs/hedges. Dispose of debris. E)- Shrubs and hedges must not exceed higher than "36. Task 3: Tree Care: A)- Stakes for trees shall be checked and removed when the tree is self—supporting. Adjust tree ties and stakes as needed for proper support. B)- Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also, notify district as to cause of decline. C)- Trimming of trees in all other areas shall be as needed to clear for vehicles Page 2341f 334 Task 4: Clean-up: a A)- All litter shall be removed weekly. B)- The entire project site shall be maintained in a neat and presentable condition. C)- Blow off concrete sidewalks and paved road remove debris. D)- All debris shall be removed from the site and disposed of by BrightView Task 5: Weed Control: A)- BrightView will remove weeds in the course of performing other tasks listed above as they are found. B)- Weed control using Round-Up and Pre-Emergent. Task 6: Fertilizers, insecticides: A)- Install "Grow-Power 7—gram tablet" with20% humus as manufactured by Gro- Power Inc., Chino, CA 909-393-3744, or approved equal, annually for each tree. Use 6 tab- lets per tree spaced equally at the drip line and placed at least 12" below grade. B)- Fertilize shrub areas with balanced fertilizer. Brightview is responsible for detecting turf and plant diseases as pests as soon as their presence is manifested. BrightView shall take immediate action to identify the disease and/ or pest and apply such remedies as are necessary to control the problem. Brightview shall remove all rodents, taking control measures immediately upon discovery. Page 235"of 334 40 ` ' { Water Management is so much more than just sprinkler repairs. After confirming that all `f• the heads are working properly, we will need to understand which zones water which plants, and whether they are growing in full sun or shade. It is also important to monitor the soil conditions "v f Service � tr Description i Energize your irrigation lines and perform a complete evaluation of your irrigation Start-Up& Evaluation system making sure all heads are working properly. We will perform a complete evaluation of the system making sure all heads are 'r Monitoring performing at full capacity and adjust the times for all clocks and zones based on the weather demands. ~ * Repairs for any damaged clocks,valves, irrigation heads or lines is not included. ' Page 236 of 334 Program Timing Service Product Description Prevents crabgrass germination in areas with crabgrass Winter Pre emergent crabgrass,spurge control history. 100%Polymer Coated Urea. Most efficient source of Early Spring Controlled Release Fertilization nitrogen fertilizer. Nitrogen rates can be half those of legacy fertilizers. Pre and Post emergent crabgrass Controls emerged crabgrass and prevents new control germination. Spring Broadleaf Weed Control Important to control weeds before hot weather. Sedge tubers mature in early June.The grassy sedge Nutsedge control plants should be treated before then.Tubers cannot be controlled Weedy warm season grasses control There are treatments that reduce the invasiveness. Summer i Pre emergent Poa annua control Best time to control perennial weeds t Fifth Round of Fertilizer Broadleaf Weed Control A winter feeding to promote root development and faster green up in the Spring. Fall Well irrigated turf may have used up the Early Spring Fertilization fertilizer application.We only make this application if M turf growth is slowing down.Since weeds could also benefit from this application Fertilization with blend of soluble and Soluble nitrogen maintains turf growth and color during Late Fall controlled release nitrogen the cool short days of winter.Controlled release nitrogen provides spring color without surge growth. Page 242of 334 Mowing/Trimming The turf will be mowed and trimmed once per week. Mowing will be done with the appropriate ma- chine that correctly fits into turf locations and slopes. The commercial mowers we use are equipped with mulching kits, so all clipping will be dispersed back into turf locations. If excess clippings are left, they will be re- moved by additional mowing or raking. Actively growing turf will be hard edged along sidewalks and other straight lines to maintain neat and trimmed appearance. Grass clippings on hardscape and other adjacent areas generated from mowing activities will be blown afterwards. Fertilization Actively growing turf fertilization will be completed every 120 days to produce a consistent green and healthy turf. Turf will be fertilized as needed with a starter fertilizer which will be applied to start. (Application months can be adjusted) During the active Bermuda grass growing season, germinated broadleaf weeds (I.e. Round up) will be sprayed with a legally approved selective post-emergent herbicide. Litter Control Trash will be identified and removed during the Mowing and when encountered by gardeners during the process they will exit any equipment and gather trash from turf. Page 238 of 334 b and Plant Ca S h r"U t* Management IW �. 'it.r. '. �1t a >c. Pruning will be completed by knowledge trained staff using hand pruning techniques in accordance with Your landscaping needs and the following: Corrective Pruning--We will selectively hand prune the shrub canopy areas during the dormant or winter season. Pruning may begin any time after the leaves fall.Spring flowering plants shall be pruned after blooming has ceased. Corrective pruning requires thinning or selectively removing branches from the tree or shrub in order to encourage and maintain the natural shape of the plant material while encouraging light penetration and air circulation within the plant. Maintenance Pruning—We will maintenance prune shrub canopy areas throughout the season to maintain a good appearance. Maintenance pruning includes removal of dead, off color, broken, or diseased branches and ensure growth as they occur during the growing season.Spring flowering plants will not be pruned after September 1st unless the specific species blooms on new wood. Pruning Methods for Shrubs: • Use the proper pruning methods appropriate for the individual species. • Hand prune plant material in natural form by selectively thinning and pruning. • Remove all dead, dying or broken branches. • Each year remove 1/3 of the oldest,thickest branches at ground level or at least to where branches are stemming off main branch toward the plant. • Plant material shall be pruned in a tapered fashion where possible,to encourage light exposure and penetration to all foliage. Page 239 of 334 Ah Alk • AIN A • Wt S�. r -w Operation Goal Tree Pruning Maintain site fines and Prune as necessary to maintain open walkways,signs, intersections, clearance security cameras and lights,and utility access etc. Tree Pruning Trip and fall hazards Regularly remove dead,broken and hanging branches. Tree Pruning Future tree structure Prune young trees for central leader and spaced branching Reduce amount dead leaves and Disease Castrol dieback on certain trees and Disease control program for sycamores, roses,oaks and other woody shrubs plants Reduce sticky honeydew and Treat aphids and similar sucking insects that feed on sugary plant sap. Insect Control sooty mold Sometimes this sticky sap drips onto walkways and patios. Dark mold often grows on the sap. Dirt sticks to dripping sap blowing onto windows. Page 240 of 334 BrightView Trash clean-up, Removal or Landscape Debris, Site Clean- liness lean- Iiness Trash and debris will be identified and removed weekly during the landscape cycle and when encountered by gardeners during routine landscape activities. Cleaning services on the grounds shall include, but not be limited to, removal of all trash, such as paper, cans, bottles, broken glass, refuse and any other debris. All key areas will be polic- ing on daily basis. Site Cleanliness Bright iew ML Excellen Page 241 of 334 _ Weed Control Utilizing the right herbicides at the right time of year is imperative to preventing weed germination. ,Need 0 Fer-blizer/Insecdcide We apply all chemicals per their label and at the optimal time. Weeds larger than 6" are considered above the treatable height and will be removed by hand during the weekly service rotation. A Licensed Spray Technician will be responsible for the overall control of your weeds Our Technicians adhere to all federal and state requirements for weed control as established by the Arizona Office of Pest Management Pre and Post Emergent will be sprayed throughout the landscaped areas to control weeds at no addi- tional cost to the Association. Tracking and Chemical use reports will always be submitted to your Community Manager. k Fertilizer/ Insecticides •-+ Fertilizer four times per year (expected quarterly intervals) with balanced fertilizer. BrightView will be respon- w Bible for providing a schedule of fertilizing plant materials. Brightview is responsible for detecting turf and plant diseases and pests as soon as their presence is manifest- ed. BrightView shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the problem. Brightview shall remove all rodents, taking control measures immediately upon discovery. List of Chemical Materials • Round up Quick Pro • Speed Zone • Atrimec • SureGuard • TurfLon • i Page 24 of 334 The Right Team on the Ground Ai AA We know success is built upon well trained and tenured team members providing outstanding quality and customer service. Every team member is required to complete our safety and operator training program which prepares your crew with the skills necessary to safely perform quality work to your satisfaction. BrightView's support for Yorba Linda Water DistrictFullerton will include the following team members: MemberBrightView Team Provided Primary customer contact Ivonne Garcia Accountable for customer satisfaction Account Manager Ensures compliance to job specifications and quality Manages crews and subcontractors Ensure readiness of workers,tools,and materials Pedro Ochoa Maintains safe working conditions Trains field personnel Ensures delivery of job specifications and quality Ensures readiness of workers,tools and materials Pedro Vazquez .,,. Trains field personnel ,, Ensures quality and efficient t landscape maintenance for clients Felipe Aguilera Consistently improves best practices within branch Christian Guladino Responsible for supporting the market's successful operations Page 243 of 334 Pricing of We are committed to fulfilling the landscape needs of Yorba Linda water District. Upon Award of Project,BrightView will review agreement(Exhibit 3)for language within the Maintenance Service Agreement. BrightView will provide the following pricing per specifications as noted in the scope of work. Richfield Estimated Cost Base Maintenance Monthly Price $1920.00 Base Maintenance Annual Total $23,040 Valley View Estimated Cost Base Maintenance Monthly Price $430.00 Base Maintenance Annual Total $5160.00 EstimatedLakeview Cost Base Maintenance Monthly Price $1100.00 Base Maintenance Annual Total I $13,200 BASE MANAGEMENT FOR THE 3 SITE LOCATIONS: i ANNUAL MAINTENANCE PRICE TOTAL $41,400.00 I ANNUAL MAINTENANCE PRICE MONTHLY $3,450.00 I SERVICES INCLUDED IN MONTHLY BASE PRICE I I Irrigation system Care Lawn Care Included Shrub, Vine and ground cover care and trimming Included All trees shall be maintained to provide proper clearance for vehicles and sightline Included I Clean-Up Included Mulch Replenishment free for year first 50 yards Included Weed control,Only State Certified personnel shall be allowed to spray weeds Included I Fertilizing, Insecticides,and herbicides, with cost of materials Included Included Hauling and Disposal.This includes removal of all material cut, weeded or pulled at all sites. Included I SERVICES EXCLUDED IN BASE PRICE Irrigation repairs, parts and labor Quote Tree thinning,trimming, and removal Quote Plant replacement: replacing 1-Gallon, 5-Gallon, 15- Gallon and 24"box size plants. Quote I Replacement plants/trees will be paid as an extra. Quote Plants or tree that die or lose more than 300/0 of their original leaves shall be replaced within 7 days of Quote I written request by District. Written quote must be submitted to District once BrightView becomes aware of plants/trees that die Quote I or lose more than 30%of their original leaves. Any other work beyond the work listed in this scope of work shall also constitute extra services. Quote Page 244 of 334 EXHIBIT I BrightView �Ryr PROJECT DESCRIPTION AND REFERENCE FORM NAME OF PROJECT AND YEAR: City of La Mirada and 2022 Njj%1S)AgOF ulleCONSUIA�&1,,TPM MItMHERS WHO WORKED ON THE PROJECT: ra NAME(S)OF suwcoNsul.-i-ANIS AND FIRMS`CHAT WORKED ON THE PROJECT: N!A PROJECT DESCRIPTION: General Iindscape.Maintence,IrrIgation Inspections and adlustmems Tree Trimming,plant and shrub prun.ng g pruning. ,blowing,mowing,edging,and general pr in.. Mulch and fertilization as needed. (Add pages if needed) CLIENT "ThRENCE INFORMATION: NAME AND TITLE: Marlin.Njuno, Administrative Analyst 11 AGENCY- City of La Mirada ADDRESS: 155515 Phoebe Ave,LaIlvilrada,CA 90638 PHONENUMUR: (5%2)902-2372 EMAIL ADDRFSS: MMunoz4,c1tyof1amirada.org Consultant hereby authorizes the District to perforin such investigation of the Consultant as the District decras necessary to establish the qualifications, responsibility, trustworthiness, and financial ability of the Consultant. By its signature below, Consultant authorizes the District to obtain reference information concerning the Consultant and releases the party providing information and the Dktricl from any and all liability to the Consultant as a result of any reference information provided. Consultant further waives any right to receive copies or rcrevence information provided to the District. By: ig=mr— Signawre of Authorized Representative [)vIan Mitchell Nanwand Title: Date: 11,129,12022 Page 245 of 334 EXHIBIT 2a , . EXHIBIT 2 AFFIDAVIT OF NONCOLLUSION The following Affidavit of Noncollusion must appear in Consultant's Proposal and signed by an authorized signatory of Consultant. Otherwise, the Proposal will be deemed nonresponsive and rejected. 1 Christian Galindo f NAME OF AUTHORIZED REPRESENTATIVE), hereby attest that I am theViceoreside t &General M n4i#EPRESENTATIVE'S TITLE)of BrightView Landscape Services [LEGAL NAME OF CONSULTANT), who submits this Proposal to the Yorba Linda Water District,and further attest: 1. That this Proposal is made without collusion with any other person,firm or corporation and that the only person or parties interested as principals are named therein. 2. That BrightView Landscape Services [LEGAL NAME OF CONSt.,T.!N has not offered any gratuities,favors,or anything of monetary value to any official,employee,or agent of the District for the purpose of influencing consideration of this Proposal. 1 certify under penalty of perjury that the above information is correct By: Christian Galindo Title: Vicepresident& General Manager Date: 11.29.2022 Page 246 of 334 PROOF OF INSURANCE ri ht °i a CERTIFICATE OF LIABILITY INSURANCE Il = THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING tt1SURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCEP,AND THE CERTIFICATE HOLDER_ IMPORTANT:If the COMCate holdsr 18 an ADDITIONAL INSURED.the pollcy(lee)roust have ADDITIONAL INSURED provfalon9 or be ondor"(L If .' SUBROGATION 13 WA1V'ED,SU"Ct to the terms and cornYbona Of the POIICy,Certain ponctes may requtre an endloresmeaht A 9tatoment on this cOrtMCWtO 0009 not Confer right$to the Co tiflCate holder In Lieu of such endO1Msrr enge)- a• IROCiKER I—.I—t Apn Risk Se—IC, s '•CrT hta[t, Ir �t- Ner 'a" my Off,cc � .ray: till =61 ?L•) z Ore Liberty Plav a a 165 9roadfnY. Suitt 3.101b. Natoric NY iWo6 USA ateWER(9y AiRCR OPpO COVERAGE MARC a dyatalto rkaURtRA Aw;E Anericah Ir:Sararce ccafpany 911ghtvia Landscape Services, Inc 'mounta o, AatarTcan Cwarartat .4 L+ablli Tv Ins co ,:bill 9803011Y R04:1 )o suite it eTua etll PA 144.12 USA NHtlllR C: ; "WL"W R U6{NItR�. 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ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 24Fof 334 References BrightView has the experience of working Large Cities, Apartments, Shopping Centers, Retirement Homes and many more, giving Yorba Linda Water District the peace mind of a worry free landscape maintenance. ��W City of Irvine i Irvine, CA FirstService Residential BrightView takes care of all the center medians, common areas, and public fields in the city. mp% City of Cerritos Cerritos, CA rs FirstService Residential BrightView maintains all the sports complexes, fields, common areas, and center medians. art.,.�""�'' .. �::,•- � ,� .� City of La Mirada La Mirada, CA FirstService Residential BrightView maintains all the center medians and Aesthetics on side walks, and public works building. Page 248 of 334 THE YORBA LINDA WATER DISTRICT (YLWD) REQUEST FOR PROPOSAL FOR LANDSCAPE MAINTENANCE SERVICES Quest Number: 8337028 Proposals must be received by 10:00 a.m., November 30, 2022 At Yorba Linda Water District, 1717 E. Miraloma Ave., Placentia, California 92870 Phone: (714) 231-0264 Page 249 of 334 Page 2 of 7 INTRODUCTION The term of the Maintenance Service Agreement will be three (3) years. A mandatory job walk will occur on November 15, 2022 at 10:00 a.m. at Yorba Linda Water District, 1717 E. Miraloma Ave., Placentia, California 92870 SCOPE OF WORK The Yorba Linda Water District (District) has several facilities located around its service area that require various degrees of landscape maintenance. This scope of work will provide the contractor with an understanding of what each of the District’s site work requirements are and a time frame for completing these tasks. The District’s Point of Contact is: Freddie Ojeda Operations Superintendent fojeda@ylwd.com (714) 231-0264 The District has three (3) sites which are listed below. Each of these sites has various tasks that must be performed in accordance with the schedule provided. Contractor shall furnish all labor, materials, tools, equipment, and any other resources necessary for: 1. Irrigation system care and adjustments; 2. Lawn care; 3. Shrub, vine, and ground cover care and trimming; 4. All trees shall be maintained to provide proper clearance for vehicles and sightline. 5.Clean-up; 6. Mulch replenishment; 7. Weed control; Only State Certified personnel shall be allowed to spray weeds. 8. Fertilizing, insecticides, and herbicides, with cost of materials included; 9. Hauling and disposal. This includes removal of all material cut, weeded or pulled at all sites. Extra Services Further, the following work and provision of the following materials will constitute Extra Services under the Landscape Maintenance Services Agreement and a written quote must be submitted and approved in writing by the District prior to performing any and all Extra Services. Written quotes for Extra Services must include all labor, material and taxes. Page 250 of 334 Page 3 of 7 1. Irrigation repairs, parts and labor. 2. Tree thinning, trimming and removal 3. Plant replacement: replacing 1-gallon, 5-gallon, 15-gallon and 24” box size plants. 4. Mulch for Sites below will be extra. 5. Plants or trees that die or lose more than 30% of their original leaves shall be replaced within 7 days of written request by District. Replacement plants/trees will be paid as an extra. Written quote must be submitted to District once Contractor becomes aware of plants/trees that die or lose more than 30% of their original leaves. 6. Any other work beyond the work listed in this Scope of Work shall also constitute Extra Services. Timing Work must be completed within the given timeframe in order to receive payment for services. Further, work that is missed must be completed within three days of contractor being notified that work was missed. Award The District reserves the right to reject any and all proposals, to waive any informality in any proposal, and to make awards in the interest of the District. Although there are three (3) sites and multiple tasks within each site, the contractor, by submitting its proposal, agrees that the District reserves the right to delete sites and/or tasks as it sees fit from the proposals received by the District. Contractor further agrees to honor its prices no matter how many sites and/or tasks are deleted by District and agrees to enter into a contract with the District for the sites and tasks ultimately determined by the District. Schedule Upon award of the contract, Contractor must furnish to the District a schedule for the year the dates that the Contractor will perform all work as listed in this Scope of Work. The schedule must be approved by the District in writing. If the contractor wishes to adjust schedule it must make its request in writing to the District and such request must be approved by the District in writing. Page 251 of 334 Page 4 of 7 Site #1 - Richfield Facility Work Schedule: WEEKLY Task 1 - Irrigation system care: A. Every quarter check all drip irrigation for proper operation while system is running. B. Every quarter, check and clean all drip filters. C. Every quarter, reset controller schedule for seasonal conditions. Task 2 - Lawn care: A. Mow and edge weekly. B. Fertilize every 120 days, once per year use Weed Feed. C. Provide schedule for fertilizing of lawn. D. Control weeds weekly. Task 3 - Shrub and ground cover care: A. Fertilize four times per year (expected quarterly intervals) with balanced fertilizer. Price on spreadsheet shall reflect cost for each time Contractor is asked to complete this task (i.e. each time site is fertilized). B. Provide schedule for fertilizing of plant materials. C. Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also notify District as to cause of decline. D. Trim shrubs as needed. Dispose of debris. E. Shrubs & hedges must be no higher than 36”. F. Trim Fence line North Side of Property. (see attached map) Task 4 - Tree care: A. Stakes for trees shall be checked and removed when the tree is self- supporting. Adjust tree ties and stakes as needed for proper support. B. Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also, notify District as to cause of decline. C. Trimming of trees in all other areas shall be as needed to clear for vehicles D. Task 5 - Clean-up: E. All litter shall be removed weekly. F. The entire project site shall be maintained in a neat and presentable condition. G. Blow off concrete sidewalks and paved road remove debris. H. All debris shall be removed from the site and disposed of by contractor. Task 6 - Weed Control: A. Contractor will remove weeds in the course of performing other tasks listed above as they are found. B. Areas of note are the Lawn, planter and shrubs areas, and all areas that face streets. C. Weed Control using Round-Up and Pre-Emergent. (see attached list) Task 7 - Fertilizers, insecticides: a.Install “Grow-Power 7-gram Tablet” with 20% humus as manufactured by Gro- Power, Inc., Chino, CA 909-393-3744, or approved equal, annually Page 252 of 334 Page 5 of 7 for each tree. Use 6 tablets per tree spaced equally at the drip line and placed at least 12” below grade. b.Fertilize shrub areas with balanced fertilizer. Contractor is responsible for detecting turf and plant diseases and pests as soon as their presence is manifested. Contractor shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the problem. Contractor shall remove all rodents, taking control measures immediately upon discovery. Sites #2 - Valley View Pump Station 3500 E. Valley View Circle Yorba Linda, CA 92886 Work Schedule: WEEKLY: Task 1 - Irrigation system care: A. Every quarter check all irrigation for proper operation while system is running. B. Every quarter, check and clean all filters. C. Every quarter maintain controller schedule for seasonal conditions as often as needed. Task 2 - Lawn care: A. Mow and edge weekly. B. Fertilize every 120 days, once per year use Weed Feed. C. Provide schedule for fertilizing of lawn. D. Control weeds weekly. Task 3 - Shrub and ground cover care: A. Fertilize four times per year (expected quarterly intervals) with balanced fertilizer. Price on spreadsheet shall reflect cost for each time Contractor is asked to complete this task (i.e. each time site is fertilized). B. Provide schedule for fertilizing of plant materials. C. Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also, notify District as to cause of decline. D. Trim shrubs as needed. Do not shear shrubs/hedges. Dispose of debris. E. Shrubs & hedges must be no higher than 36”. Task 4 - Tree care: A. Stakes for trees shall be checked and removed when the tree is self- supporting. Adjust tree ties and stakes as needed for proper support. B. Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also, notify District as to cause of decline. C. Trimming of trees in all other areas shall be as needed to clear for vehicles. Page 253 of 334 Page 6 of 7 Task 5 - Clean-up: A. All litter shall be removed weekly. B. The entire project site shall be maintained in a neat and presentable condition. C. Blow off concrete sidewalks and paved road remove debris. D. All debris shall be removed from the site and disposed of by contractor. Task 6 - Weed Control: A. Contractor will remove weeds in the course of performing other tasks listed above as they are found. B. Weed Control using Round-Up and Pre-Emergent. (see attached list) Task 7 - Fertilizers, insecticides: A. Install “Grow-Power 7-gram Tablet” with 20% humus as manufactured by Gro- Power, Inc., Chino, CA 909-393-3744, or approved equal, annually for each tree. Use 6 tablets per tree spaced equally at the drip line and placed at least 12” below grade B. Fertilize shrub areas with balanced fertilizer. C. Contractor is responsible for detecting turf and plant diseases and pests as soon as their presence is manifested. Contractor shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the problem. Contractor shall remove all rodents, taking control measures immediately upon discovery. Sites #3 - Lake View Pump Station/Reservoir 4045 LakeView Ave Yorba Linda, CA 92886 Work Schedule: WEEKLY: Task 1 - Irrigation system care: A. Every quarter check all irrigation for proper operation while system is running. B. Every quarter, check and clean all filters. C. Every quarter maintain controller schedule for seasonal conditions as often as needed. Task 2 - Lawn care: A. Mow and edge weekly. B. Fertilize every 120 days, once per year use Weed Feed. C. Provide schedule for fertilizing of lawn. D. Control weeds weekly. Page 254 of 334 Task 3 - Shrub and ground cover care: A. Fertilize four times per year (expected quarterly intervals) with balanced fertilizer. Price on spreadsheet shall reflect cost for each time Contractor is asked to complete this task (i.e. each time site is fertilized). B. Provide schedule for fertilizing of plant materials. C. Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also, notify District as to cause of decline. D. Trim shrubs as needed. Do not shear shrubs/hedges. Dispose of debris. E. Shrubs & hedges must be no higher than 36”. Task 4 - Tree care: A. Stakes for trees shall be checked and removed when the tree is self- supporting. Adjust tree ties and stakes as needed for proper support. B. Notify District regarding plants/trees which die or lose more than 30% of their original leaves. Also, notify District as to cause of decline. C. Trimming of trees in all other areas shall be as needed to clear for vehicles. Task 5 - Clean-up: A. All litter shall be removed weekly. B. The entire project site shall be maintained in a neat and presentable condition. C. Blow off concrete sidewalks and paved road remove debris. D. All debris shall be removed from the site and disposed of by contractor. Task 6 - Weed Control: A. Contractor will remove weeds in the course of performing other tasks listed above as they are found. B. Weed Control using Round-Up and Pre-Emergent. (see attached list) Task 7 - Fertilizers, insecticides: A. Install “Grow-Power 7-gram Tablet” with 20% humus as manufactured by Gro- Power, Inc., Chino, CA 909-393-3744, or approved equal, annually for each tree. Use 6 tablets per tree spaced equally at the drip line and placed at least 12” below grade B. Fertilize shrub areas with balanced fertilizer. Contractor is responsible for detecting turf and plant diseases and pests as soon as their presence is manifested. Contractor shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the problem. Contractor shall remove all rodents, taking control measures immediately upon discovery. Page 255 of 334 ELEMENTS OF PROPOSAL The Proposal shall include, at a minimum, the following information: A brief letter that includes the following information: Complete legal company name (as it should appear in a contract). Company address. Contact person, telephone number, and e-mail address. Identify all team members including Sub-Consultants. Identify all materials and enclosures being included. Provide statement regarding ability to perform the requirements of this RFP. Provide statement on willingness and ability to provide the required insurance coverage. The letter shall be signed by an individual authorized to bind the firm and shall contain a statement indicating that the Proposal is valid for 90 days after the due date for the RFP submittal. Provide recent project references. See attached form (Exhibit 1) to be used for each project and reference to be included in your proposal. Include a signed Affidavit of Noncollusion, attached as Exhibit 2 to this RFP. Include confirmation of receipt of any Addenda that may be issued to this RFP, including the Addendum number and date of receipt. Proposals shall be enclosed in sealed packages. The Consultant’s name and address shall appear clearly on the package. Each package shall contain a hardcopy of the proposal Proposals shall be mailed or hand-delivered to the following address: Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 Attn: Freddie Ojeda Re: Proposal for Landscape Maintenance Services The District will not be responsible for Proposals that are delinquent, lost, mismarked, sent to an address other than the address provided above, or sent by mail or courier service and not signed and time stamped by the District. Only respond to this RFP if you are able to execute the Maintenance Services Agreement (sample attached as Exhibit 3). The provisions within the executed Maintenance Services Agreement shall apply to Sub-Consultants. In submitting a Proposal to this RFP, Consultant will be deemed to have agreed to each section in the Page 256 of 334 Maintenance Services Agreement unless the Proposal states an objection to language within the Maintenance Services Agreement and the District agrees in writing to revise the objectionable language. District reserves the right to revise the Maintenance Services Agreement prior to Consultant and District signing the Maintenance Services Agreement. Written proof of insurance from either the Consultant's insurance carrier or equivalent regarding the Consultant’s professional liability coverage. Insurance requirements are described in the attached Maintenance Services Agreement. CONSULTANT QUESTIONS, REQUESTS FOR CLARIFICATION, AND EXCEPTIONS In the event that the Consultant has any questions, requests for clarification, or would like to take an exception regarding any part of this RFP or its attachments, the Consultant shall notify the District in writing with their concerns. Questions, Requests for Clarification, and Exceptions submitted with the Proposal may result in the Proposal being deemed non-responsive and may be rejected. Exceptions will only be considered if all Proposals submitted are allowed the same exception. The District reserves the right to approve or deny any and all requested exceptions. Questions, Requests for Clarification, and Exceptions shall be directed in writing to Freddie Ojeda at fojeda@ylwd.com. GENERAL TERMS AND CONDITIONS Proposals may be withdrawn if written notification of withdrawal is signed by an authorized representative of the Proposer and received at the District office prior to closing time for receipt of Proposals. Proposals cannot be changed or withdrawn after the time designated for receipt. Proposals (including accompanying materials) will become the property of the District. Proposals will be held in confidence to the extent permitted by law. After award of a Maintenance Services Agreement or after rejection of all Proposals, the Proposals will be public records subject to disclosure under the California Public Records Act (Government Code Section 6250 et seq.). The District reserves the right to: Request additional information from prospective Consultants prior to final selection and to consider information about a Consultant other than that submitted in the Proposal or interview. Select Consultant(s) that, in the District’s judgment, will best meet the District’s needs and are most advantageous to the District. Verify all information submitted in the Proposals. Page 257 of 334 Negotiate with any qualified Proposer and appoint more than one Consultant to provide services on portions of a given Task Order. Withdraw this RFP at any time without prior notice before a Maintenance Services Agreement is awarded. Amend this RFP. Amend the final Maintenance Services Agreement to incorporate necessary attachments and exhibits or to reflect negotiations between the District and the successful Consultant(s). Reject any or all Proposals. This RFP does not commit the District to retain one or any Consultant, to use the Consultant(s) exclusively, to assign a guaranteed amount of work, to pay a minimum amount if no Task Orders are released, to pay costs incurred in the preparation of Proposals, or to proceed with the Task Orders. AFFIDAVIT OF NONCOLLUSION The attached Affidavit of Noncollusion (Exhibit 2) must appear in Consultant’s Proposal and signed by an authorized signatory of Consultant. Otherwise, the Proposal will be deemed nonresponsive and rejected. CONFLICT OF INTEREST Consultant warrants and represents that there is no actual or potential conflict between Consultant’s business, real property, or financial interests and the Services provided under the attached Maintenance Services Agreement. Consultant may not enter into any agreement during the performance of the Maintenance Services Agreement which will create a conflict of interest with Consultant’s duties to District under the Maintenance Services Agreement. In the event the District determines a conflict of interest exists, such conflict may constitute grounds for termination of the Maintenance Services Agreement. Page 258 of 334 EXHIBIT 1 PROJECT DESCRIPTION AND REFERENCE FORM NAME OF PROJECT AND YEAR: ________________________________________________ NAME(S) OF CONSULTANT TEAM MEMBERS WHO WORKED ON THE PROJECT: ______________________________________________________________________________ ______________________________________________________________________________ NAME(S) OF SUB-CONSULTANTS AND FIRMS THAT WORKED ON THE PROJECT: ______________________________________________________________________________ ______________________________________________________________________________ PROJECT DESCRIPTION: _______________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (Add pages if needed) CLIENT REFERENCE INFORMATION: NAME AND TITLE: ______________________________________________________ AGENCY: ______________________________________________________________ ADDRESS: _____________________________________________________________ PHONE NUMBER: _______________________________________________________ EMAIL ADDRESS: _______________________________________________________ Consultant hereby authorizes the District to perform such investigation of the Consultant as the District deems necessary to establish the qualifications, responsibility, trustworthiness, and financial ability of the Consultant. By its signature below, Consultant authorizes the District to obtain reference information concerning the Consultant and releases the party providing information and the District from any and all liability to the Consultant as a result of any reference information provided. Consultant further waives any right to receive copies of reference information provided to the District. By: __________________________________________________________________________ Signature of Authorized Representative Name and Title: ________________________________________________________________ Date: _________________________________________________________________________ Page 259 of 334 EXHIBIT 2 AFFIDAVIT OF NONCOLLUSION The following Affidavit of Noncollusion must appear in Consultant’s Proposal and signed by an authorized signatory of Consultant. Otherwise, the Proposal will be deemed nonresponsive and rejected. I, ___________________________________[NAME OF AUTHORIZED REPRESENTATIVE], hereby attest that I am the ________________________________ [REPRESENTATIVE’S TITLE] of _______________________________________________[LEGAL NAME OF CONSULTANT], who submits this Proposal to the Yorba Linda Water District, and further attest: 1. That this Proposal is made without collusion with any other person, firm or corporation and that the only person or parties interested as principals are named therein. 2. That _____________________________________[LEGAL NAME OF CONSULTANT] has not offered any gratuities, favors, or anything of monetary value to any official, employee, or agent of the District for the purpose of influencing consideration of this Proposal. I certify under penalty of perjury that the above information is correct By:______________________________________ Title:________________________________ Date:____________________________________ Page 260 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 1 MAINTENANCE SERVICES AGREEMENT BETWEEN THE YORBA LINDA WATER DISTRICT AND [INSERT PARTY] PROJECT/SITE: [DESCRIPTION] JOB #: [JOB#] DATE: [DATE] THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into on [DATE] (“Effective Date”), by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code (“District”), and [CONTRACTOR] (“Contractor”) (District and Contractor are sometimes individually referred to herein as a “Party” and collectively as the “Parties”). RECITALS A.District owns and operates certain facilities, located throughout its service area (“Facilities”). B.District requires a contractor with the requisite knowledge, skill, ability and expertise to provide the necessary maintenance services for the Facilities in all areas where the specialized services of Contractor are appropriate. C.Contractor represents to District that it is fully qualified and available to provide [DESCRIPTION] Services for District’s Facilities (“Services”). D.It has been determined that it is in the best interests of District to enter into the Agreement hereinafter contained. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the Parties agree as follows: AGREEMENT 1.0. SCOPE OF WORK / TERMS AND CONDITIONS / PREVAILING WAGES. The specific materials and Services to be provided by Contractor are called out in the Scope of Work attached as Exhibit “A”. The Services may constitute “public work” under Section 1720(a) of the Labor Code, which requires payment of prevailing wages for “public work”. Contractor shall perform all work necessary to complete the Services detailed in Exhibit “A” and shall furnish all labor, materials, equipment, supplies and incidentals, except those which are designated to be furnished by District. All Services under this Agreement shall be done in a workmanlike fashion and Contractor represents that it is competent to provide the Services required under this Agreement in a manner acceptable to District and in conformity with the requirements of this Agreement. Page 261 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 2 1.1. Project Manager. Contractor acknowledges that continuous and effective communication between District, Contractor, and other contractors (as appropriate) is necessary to the successful completion of the Services. Contractor’s primary contact with District shall be through District’s Project Manager specified on Exhibit “A”. District’s primary contact with Contractor shall be through the Contractor’s Representative, designated on Contractor’s Schedule for Services attached as Exhibit “A”. 1.2. Commencement of Work. The Services start date is called out on Exhibit “A”. Contractor shall perform all Services with due diligence as time is of the essence in the performance of this Agreement. Time limits applicable for the performance of Contractor’s Services are established in Exhibit “A”. 1.3. Term of Agreement. The term of this agreement shall be for [TERM] from the Effective Date of this Agreement. 2.0. COMPENSATION. As compensation for performance of the Services specified under the Scope of Work (Exhibit “A”), District shall pay Contractor an amount not to exceed that contained in Contractor’s Schedule for Services (Exhibit “A”). Payment will be made at the rates set forth in Contractor’s Fee Schedule, which is attached as Exhibit “A”. Costs or expenses not designated or identified in the Fee Schedule shall not be reimbursable unless otherwise provided in this Agreement. 2.1. Invoicing. Contractor shall submit an invoice within ten (10) days after the end of each month during the term of this Agreement describing the Services performed for which payment is requested. District shall review and approve all invoices prior to payment. District shall pay approved invoices within thirty (30) days of receipt. Contractor agrees to submit additional documentation to support the invoice if requested. If District does not approve an invoice, District shall send a notice to Contractor setting forth the reason(s) the invoice was not approved. Contractor may re-invoice District to cure the defects identified by District. The revised invoice will be treated as a new submittal. District’s determinations regarding verification of Contractor’s performance, accrued reimbursable expenses, if any, and percentage of completion shall be binding and conclusive. Contractor’s time records, invoices, receipts and other documentation supporting the invoices shall be available for review by District upon reasonable notice and shall be retained by Contractor for three (3) years after the term of this Agreement. 2.2. Extra Services. Before performing any Services outside the scope of this Agreement (“Extra Services”), Contractor shall submit a written request for approval of such Extra Services and receive written approval from District. District shall have no responsibility to compensate Contractor for any Extra Services provided by Contractor without such prior written approval. 3.0. TERMINATION. District may terminate this Agreement at any time upon ten (10) days written notice to Contractor. Should District exercise the right to terminate this Agreement, District shall pay Contractor for any Services satisfactorily completed prior to the date of termination, based upon Contractor’s Fee Schedule. Contractor may terminate this Agreement upon ten (10) days written notice to District in the event of Page 262 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 3 substantial failure by District to perform in accordance with the terms hereof through no fault of Contractor; or in the event District fails to pay Contractor in accordance with the terms in Section 2.0; or if Contractor’s Services hereunder are suspended for a period of time greater than ninety (90) days through no fault of Contractor. 3.1. Withholding Payment. In the event District has reasonable grounds to believe Contractor will be materially unable to perform the Services under this Agreement, or if District becomes aware of a potential claim against Contractor or District arising out of Contractor’s negligence, intentional act or breach of any provision of this Agreement, including a potential claim against Contractor by District, then District may, to the fullest extent allowed by law, withhold payment of any amount payable to Contractor that District determines is related to such inability to complete the Services, negligence, intentional act, or breach. 4.0. SAFETY. Contractor shall execute the Services so as to avoid injury or damage to any person or property. Contractor shall be solely and completely responsible for the safety of all Contractor personnel during performance of Services and while on District Facilities. Contractor shall fully comply with all state, federal and other laws, rules, regulations and orders relating to safety of the public and workers, including State of California, Department of Industrial Relations (Cal/OSHA) requirements. In case of conflict in regulations, the most stringent shall apply. Contractor shall comply with all applicable District Safety Practices during performance of Services under this Agreement. 5.0. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify District, its directors, officers, employees, and authorized volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees and costs, arising from all acts or omissions of Contractor or its officers, agents, or employees in rendering services under this Agreement; excluding, however, such liability, claims, losses, damages or expenses arising from District’s sole negligence or willful acts. Contractor’s duty to defend and indemnify YLWD includes, but is not limited to, defense and indemnity against claims and liability arising from disputes as to the payment of prevailing wages for Services under this Agreement. 5.1. Defense Counsel and Costs to Enforce Indemnity. Contractor shall defend District with legal counsel acceptable to the District. Contractor shall reimburse the District for any and all legal expenses and costs incurred by the District to enforce the indemnity herein provided. 6.0. INSURANCE REQUIREMENTS. Prior to execution of this Agreement, and at any time thereafter on request, Contractor shall provide the District either a copy of the policies and endorsements or executed certificates of insurance evidencing the required coverage and limits for each insurance policy. All certificates and endorsements are to be received and approved by the District before Services commence. However, failure to obtain the required documents prior to the Services beginning shall not waive the Contractor’s obligation to provide them. In addition, Contractor shall provide a new executed certificate Page 263 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 4 of insurance whenever an insurance policy required herein, expires, is renewed or is replaced. 6.1 Acceptability of Insurers. Unless otherwise approved by District, each insurance provider shall be authorized to do business in California and have an A.M. Best rating (or equivalent) of not less than “A:VII.” 6.2 Notice of Cancellation. Each insurance policy shall provide, or be endorsed to provide, that coverage shall not be cancelled except with prior written notice to the District. 6.3 Primary and Contributory Coverage. Except for Workers’ Compensation and Employer’s Liability insurance, each insurance policy shall be primary insurance as respects District, its affiliated organizations and its and their respective officers, directors, employees, agents, attorneys, and authorized volunteers (collectively, the “Covered Parties”) for all liability arising out of the Services performed by or on behalf of Contractor. Any insurance, pool coverage, or self-insurance maintained by Covered Parties shall be excess of, and shall not contribute to, Contractor’s insurance. 6.4 Insurance Coverage. At Contractor’s sole expense, Contractor shall provide and maintain at all times during the performance of this Agreement the following insurance: (1) Commercial General Liability (“CGL”) insurance; (2) Automobile Liability insurance; and (3) Workers’ Compensation and Employer’s Liability insurance. Contractor waives its right of recovery against the Covered Parties for damages covered by insurance required under this Agreement. Coverage shall be at least as broad as the following: 6.4.1. Commercial General Liability. Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 00 01) including products and completed operations, property damage, bodily injury, personal and advertising injury with limit of at least two million dollars ($2,000,000) per occurrence or the full per occurrence limits of the policies available, whichever is greater. If a general aggregate limit applies, either the general aggregate limit shall apply separately to the Services (coverage as broad as the ISO CG 25 03, or ISO CG 25 04 endorsement provided to the District) or the general aggregate limit shall be twice the required occurrence limit. 6.4.1.1. Additional Insureds. The Covered Parties are to be given insured status (at least as broad as ISO Form CG 20 10 10 01), with respect to liability arising out of the Services performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such Services. 6.4.2.Automobile Liability. Insurance Services Office (ISO) Business Auto Coverage (Form CA 00 01), covering Symbol 1 (any auto) or if Contractor has no owned autos, Symbol 8 (hired) and 9 (non-owned) with limit of at least one million dollars ($1,000,000) for bodily injury and property damage each accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the CGL policy. Page 264 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 5 6.4.2.1. Additional Insureds. Each Automobile Liability policy shall identify Covered Parties as additional insureds, or be endorsed to identify Covered Parties as additional insureds, with respect to liability arising out of Services performed by or on behalf of Contractor. 6.4.3. Workers’ Compensation and Employer’s Liability. As required by the State of California, and in accordance with the “Workers’ Compensation and Insurance Act” of the California Labor Code and any amendatory Acts, Contractor shall provide Workers’ Compensation and Employer’s Liability insurance with limits of at least $1,000,000 per accident for bodily injury or disease. 6.4.3.1. Obligation to Secure Compensation. By Contractor’s signature hereunder, Contractor acknowledges its obligation under Section 3700 of the California Labor Code to secure payment of compensation to its employees before commencing Services under this Agreement. 6.4.3.2. Waiver of Subrogation. Contractor shall require the insurer issuing the Workers’ Compensation insurance to waive all rights of subrogation against the Covered Parties for losses paid under the policy that arise from Services performed under this Agreement. This waiver applies regardless of whether or not the District received a waiver of subrogation from the insurer. 6.5 Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. 6.6 Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that District is an additional insured on insurance required from subcontractors. 7.0. EQUAL OPPORTUNITY. During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment in a manner that would violate state or federal law. 8.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between District and Contractor is that of an independent contractor and Contractor shall not, in any way, be considered to be an employee or agent of District. Contractor shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of District. District will not be legally or financially responsible for any damage or loss that may be sustained by Contractor because of any act, error, or omission of Contractor, nor shall Contractor make any claim against District arising out of any such act, error, or omission. 8.1. Taxes and Benefits. Contractor shall be solely responsible for the payment of all federal, state and local income tax, social security tax, Workers’ Compensation insurance, state disability insurance, and any other taxes or insurance Page 265 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 6 Contractor, as an independent contractor, is responsible for paying under federal, state or local law. Contractor is not eligible to receive Workers’ Compensation, medical, indemnity or retirement benefits through District, including but not limited to enrollment in CalPERS. Contractor is not eligible to receive overtime, vacation or sick pay. 8.2. Permits and Licenses. At Contractor’s sole expense, Contractor shall procure and maintain all permits, and licenses and other government-required certification necessary for the performance of its Services. 8.3. Methods. Contractor shall have the sole and absolute discretion in determining the methods, details and means of performing the Services required by District. Contractor shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and work necessary for the successful completion of the Services to be performed under this Agreement. District shall not have any right to direct the methods, details and means of the Services; however, Contractor must receive prior written approval from District before (a) assigning or changing any (i) work authorizations or (ii) assignment of Contractor’s project manager or key personnel and (b) using any subcontractors or subcontractor agreements for Services or materials under this Agreement. 9.0. NOTICES. Any notice may be served upon either Party by delivering it in person, or by depositing it in a U.S. Mail Deposit Box with the postage thereon fully prepaid, and addressed to the Party at the address set forth below: District: General Manager Yorba Linda Water District 1717 E Miraloma Ave Yorba Linda CA 92870 Contractor: As designated in Exhibit “A”. Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit with the United States Postal Service. If the Parties agree to accept electronic service, service of any notice may be effectuated by email to an email address provided by the Parties. 10.0. BINDING ARBITRATION. Within thirty (30) days after service of a civil action on either Party arising out of, or in connection with, this Agreement, either Party may elect to submit the action to binding arbitration before the Judicial Arbitration and Mediation Service (“JAMS”), located in Orange County. The Parties agree that upon an election to arbitrate, any civil action filed will be stayed until arbitration proceedings have concluded. Upon submission of the matter to JAMS, the submitting Party shall obtain from JAMS a list of three (3) randomly selected arbitrators and serve said list upon the other Party. In the event that there are more than two parties to the action, the number of arbitrators randomly selected and included in the list shall be increased by two for each additional party involved. Upon service of the randomly selected list of arbitrators, each party shall have twenty (20) days to eliminate two arbitrators from the list and return it to JAMS, with the selected arbitrator being Page 266 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 7 the remaining name on the list. Should more than one name remain on the list, JAMS will randomly select the arbitrator from the names remaining on the list. Arbitration shall be scheduled for hearing on the merits no later than six (6) months after the date the arbitrator is selected. All parties shall be permitted to conduct discovery as provided by the current rules of the California Code of Civil Procedure. All costs of JAMS or of the arbitrator for services shall be divided equally among the Parties, unless otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision, the arbitrator’s award shall be supported by law and substantial evidence. 11.0 ATTORNEY’S FEES. In the event of any claim or legal action arising out of this Agreement or Services, the prevailing Party shall be entitled to reasonable costs and expenses, including attorney’s fees. 12.0 NO IMPLIED WAIVERS. If any term, condition, or provision of this Agreement is breached by either Party and thereafter waived by the other Party, that waiver will be limited to the specific breach so waived, and will not be deemed either to be a continual waiver or to waive any other breach under this Agreement. 13.0 ASSIGNMENT. Neither Contractor nor District may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other Party, which shall not be unreasonably withheld. 14.0. FORCE MAJEURE. Upon written notice by the owing Party, the respective duties and obligations of the Parties hereunder (except District’s obligation to pay Contractor such sums as may become due from time to time for services rendered by it) shall be suspended while and so long as performance thereof is prevented or impeded by strikes, disturbances, riots, fire, governmental action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the reasonable control of the Party from whom the affected performance was due. 15.0. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement, and all Exhibits, represent the entire and integrated agreement between District and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both District and Contractor. 16.0 ELECTRONIC SIGNATURES AND COUNTERPARTS. Any Party may execute this Agreement using an “electronic signature,” as that term is defined in California Civil Code Section 1633.2, or a “digital signature,” as defined by California Government Code Section 16.5. An electronic or digital signature will have full legal effect and enforceability. This Agreement may be executed in multiple counterparts, each of which is an original. All signatures taken together will be considered as one and the same agreement. Page 267 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be entered into as of the Effective Date. District:Contractor: Yorba Linda Water District [NAME] By:By: Richard Mark Toy General Manager (Name and Title) APPROVED AS TO FORM:REVIEWED BY: Kidman Gagen Law LLP Yorba Linda Water District By:By: Andrew B. Gagen, General Counsel (Dept Manager Name and Title) Attachments: Exhibit A: Contractor’s Scope of Work, Schedule for Services, and Fee Schedule Exhibit B: Insurance Certificates Page 268 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 9 EXHIBIT A CONTRACTOR’S SCOPE OF WORK, SCHEDULE OF SERVICES, AND FEE SCHEDULE Page 269 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 09/27/22 10 EXHIBIT “B” INSURANCE CERTIFICATES Page 270 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 11 CERTIFICATE 1: COMMERCIAL GENERAL LIABILITY INSURANCE This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma Ave., Placentia, California 92870, that the following described policy has been issued to: Insured: Address: Coverage is provided for the following Contract No. (under an annual policy and is not project specific coverage): (Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage, Occurrence Form No. CG 00 01.) Type of Insurance COMMERCIAL GENERAL LIABILITY: “Occurrence” Policies Only Insurer and Policy No.: Policy Expiration Date: Limits of Liability in Thousands (000) Policy Covers Each Occurrence Aggregate BODILY INJURY: $ $ PROPERTY DAMAGE $ $ PERSONAL INJURY $ $ COMP OPERATIONS AGGREGATE $ [X] Premises Operations [X] Contractual Liability [X] Products/Completed Operations [X] Separation of Insureds Page 271 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 12 I have examined the policy mentioned in the foregoing section, and am familiar with the terms and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s Agreement with Yorba Linda Water District. I do not certify that the policy covered by this Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda Water District but instead only confirm that the policy covered by this Certificate expires on the Policy Expiration Date. I certify that the following provisions apply: 1) The Yorba Linda Water District, its affiliated organizations and its and their respective officers, directors, employees, agents, consultants, attorneys, successors and assigns (“Covered Parties”) are named as additional insureds on the above-described insurance policy, as respects liability arising out of the activities performed by or on behalf of the Insured. Coverage for the Covered Parties is not limited to vicarious liability. Defense costs are paid in addition to limits. 2) The above-described insurance policy shall be primary insurance and any insurance, pool coverage, or self-insurance maintained by the Covered Parties shall be excess of the above-described insurance policy and shall not contribute with it. The Yorba Linda Water District shall not be liable for the payment of premiums or assessments under this policy. 3) The above-described policy will not be canceled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been given to Yorba Linda Water District. 4) The insurer issuing this policy has a Best’s rating as of the date set forth below of no less than “A:VII.” Insurance Carrier: Address: I, , under penalty of perjury under the laws of the State of California, declare as Insurance Broker to the Insured that the foregoing statements in this Certificate are true and correct as of this ______ day of ___________________, 20_____. Broker Representative: Company or Firm: Phone: Date: Page 272 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 13 CERTIFICATE 2: AUTOMOBILE LIABILITY INSURANCE This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma Ave., Placentia, California 92870, that the following described policy has been issued to: Insured: Address: Coverage is provided for the following Contract No. (under an annual policy and is not project specific coverage): Coverage is Insurance Services Office (Form No. CA 0001, or equivalent) covering Automobile Liability, Code 1 (any auto) or in the alternative, owned or scheduled autos plus non-owned and hired autos. Type of Insurance: AUTOMOBILE LIABILITY: “Occurrence” Policies Only Insurer and Policy No.: Policy Expiration Date: Limits of Liability in Thousands (000) Policy Covers Each Occurrence Aggregate BODILY INJURY: $ $ PER PERSON BODILY INJURY: $ $ PER ACCIDENT PROPERTY DAMAGE $ $ BODILY INJURY AND PROPERTY DAMAGE COMBINED: $ $ [X] Comprehensive Form [X] Any Auto [X] Owned [X] Non-owned [X] Hired Page 273 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 14 I have examined the policy mentioned in the foregoing section, and am familiar with the terms and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s Agreement with Yorba Linda Water District. I do not certify that the policy covered by this Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda Water District but instead only confirm that the policy covered by this Certificate expires on the Policy Expiration Date. I certify that the following provisions apply: 1) The Yorba Linda Water District, its affiliated organizations and its and their respective officers, directors, employees, agents, consultants, attorneys, successors and assigns (“Covered Parties”) are named as additional insureds on the above-described insurance policy, as respects liability arising out of activities performed by or on behalf of the Insured. 2) The above-described insurance policy is primary insurance and any insurance, pool coverage, or self-insurance maintained by the Covered Parties shall be excess of the above-described insurance policy and shall not contribute with it. The Yorba Linda Water District shall not be liable for the payment of premiums or assessments under these policies. 3) The above-described policy will not be canceled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been given to Yorba Linda Water District. 4) The insurer issuing this policy has a Best’s rating as of the date of set forth below of no less than “A:VII.” Insurance Carrier: Address: I, , under penalty of perjury under the laws of the State of California, declare as Insurance Broker to the Insured that the foregoing statements in this Certificate are true and correct as of this ______ day of ___________________, 20_____. Broker Representative: Company or Firm: Phone: Date: Page 274 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 15 CERTIFICATE 3: WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma Ave., Placentia, California 92870, that the following described policy has been issued to: Insured: Address: Coverage is provided for the following Contract No. (under an annual policy and is not project specific coverage): (Coverage shall be as broad as required by the Labor Code of the State of California and Employer’s liability coverage.) Limits of Liability in Thousands (000) Policy Covers [X] WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY $ (EACH ACCIDENT) Insurer and Policy No.: Policy Expiration Date: I have examined the policy mentioned in the foregoing section, and am familiar with the terms and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s Agreement with Yorba Linda Water District. I do not certify that the policy covered by this Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda Water District but instead only confirm that the policy covered by this Certificate expires on the Policy Expiration Date. I certify that the following provisions apply: 1) The above-described policy will not be canceled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been given to Yorba Linda Water District. Page 275 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 16 2) The insurer issuing the above-described insurance policy shall have waived, either according to the terms in their policies or by endorsement, all rights of subrogation against the Covered Parties. The insurance policy allows the Insured to waive their right of recovery prior to loss. 3) The insurer issuing this policy has a Best’s rating as of the date set forth below of no less than “A:VII.” Insurance Carrier: Address: I, , under penalty of perjury under the laws of the State of California, declare as Insurance Broker to the Insured that the foregoing statements in this Certificate are true and correct as of this ______ day of __________________, 20_____. Broker Representative: Company or Firm: Phone: Date: Page 276 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 17 CERTIFICATE 4: ERRORS AND OMISSIONS This certificate is issued to the Yorba Linda Water District, located at 1717 E. Miraloma Ave., Placentia, California 92870, that the following described policy has been issued to: Insured: Address: Coverage is provided for the following Contract No. (under an annual policy and is not project specific coverage): Limits of Coverage Per Claim Aggregate $ $ Insurer and Policy No.: Policy Expiration Date: I have examined the policy mentioned in the foregoing section, and am familiar with the terms and endorsements of the policy. I have also reviewed Section 6.0 (Insurance) of the Insured’s Agreement with Yorba Linda Water District. I do not certify that the policy covered by this Certificate will be in place for the entire term of the Insured’s Agreement with Yorba Linda Water District but instead only confirm that the policy covered by this Certificate expires on the Policy Expiration Date. I certify that the following provisions apply: 1) The above-described insurance policy is primary insurance and any insurance, pool coverage, or self-insurance maintained by the Covered Parties shall be excess of the above-described insurance policy and shall not contribute with it. The Yorba Linda Water District shall not be liable for the payment of premiums or assessments under these policies. 2) The above-described policy will not be canceled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been given to Yorba Linda Water District. Page 277 of 334 VENDOR ID CONTRACT # YLWD MSA Rev. 11/01/22 18 3) The insurer issuing this policy has a Best’s rating as of the date set forth below of no less than “A:VII.” Insurance Carrier: Address: I, , under penalty of perjury under the laws of the State of California, declare as Insurance Broker to the Insured that the foregoing statements in this Certificate are true and correct as of this ______ day of ___________________, 20_____. Broker Representative: Company or Firm: Phone: Date: Page 278 of 334 ITEM NO. 11.1. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Mark Toy, General Manager SUBJECT: Facilitation of Board Workshop Meeting RECOMMENDATION: That the Board of Directors authorize the General Manager to engage BHI Management Consulting to facilitate a workshop meeting for a fixed fee of $3,200 plus the cost of reasonable travel and material expenses in the amount of approximately $700. BACKGROUND: During a closed session discussion of the General Manager's goals and objectives at the last regular Board meeting, the Board instructed the General Manager to gather information for engaging a consultant to facilitate a workshop meeting to be scheduled in January. Staff obtained the attached proposal from BHI Management Consulting which is in line with a verbal quote received by another equivalent consultant. Due to timing and workload issues, the second consultant did not provide a formal proposal as they were unable to commit their services. BHI's scope of work and deliverables are also included in the attached proposal. FISCAL IMPACT: Total Budget for Professional Services: $33,000* Cost Estimate: Approximately $3,900 Account: 1-1010-0780-00 *This expense will not have a significant financial impact in this budgetary category which also includes the standard retainer for legal counsel and codification of Ordinances and Resolutions. PRIOR RELEVANT BOARD ACTION: The District previously engaged BHI Management Consulting in 2017 to conduct a similar workshop for the Board of Directors and facilitate a number of Ad Hoc Citizens Advisory Committee meetings. ATTACHMENTS: 1. Proposal from BHI Management Consulting Page 279 of 334 BHI MANAGEMENT CONSULTING "Organizational Efficiency for Public Agencies" 1 Mr. Mark Toy, PE December 6, 2022 Yorba Linda Water District 1717 E. Miraloma Ave. Placentia, CA 92870 Subject: Proposal to conduct a Board Policies/Roles Workshop Dear Mr. Toy, This proposal letter outlines the general approach, deliverables, schedule and costs for BHI Management Consulting to lead a workshop that BHI Management Consulting will take for leading a Board Policies, Norms, Roles and Procedures workshop for the Board of Directors (Board) District at the Yorba Linda Water District. Mr. Brent Ives will conduct the session. He has over 30 years of experience with local public agency ‘best practices’ with relevant experience on both sides of the dais. The firm has helped numerous other special districts with identical projects. Mr. Brent Ives will facilitate the workshop and provide visual supportive materials. General Approach- We realize that the consideration of proper team governance, role clarity and District policy are critical for top performance for the decision-making team for the Board of Directors. Reviewing these aspects of roles and rules allows for proper understanding and useful discussion. The project will proceed as follows: 1. Preparation - Consultant will prepare workshop materials by conducting a thorough review of existing Board policies at YLWD and integrating those with industrywide best practices. 2. Board Workshop – Consultant will present a 2-3 hour in-person workshop to the Board of Directors and other selected attendees regarding both industry best practices and YLWD policies. The workshop will start with the roles of a Board of Directors. It will continue with the roles of individual Board members (both new and experienced), the Board of Directors as a dynamic decision team, the Board’s relationship to General Manager, and the Board’s relationship with District staff. Discussion on each of these topics will be encouraged. Page 280 of 334 BHI MANAGEMENT CONSULTING "Organizational Efficiency for Public Agencies" 2 Deliverable – The workshop will discuss all of the topics above with the intent of gaining a clear and agreed understanding of individual and team related roles. It is hoped that this workshop is followed with some method of follow-up reminder-type lessons. Schedule- BHI will begin work on the first stage of this project within two weeks of receipt of signed agreement to proceed and receipt of the necessary materials from the District. The District will coordinate the Board of Directors with BHI for the date to conduct the workshop. Cost – Costs for Services - BHI Management Consulting proposes the fixed fee of $3200.00 for the workshop. Expenses relating to the workshop will be additional and are, expected to be travel related. Standard fixed expense charges BHI clients in the Orange County is $700. Similar projects – BHI has conducted over 100 similar workshops for Districts across the western United States. A client listing can be found on our website, www.bhiconsulting.com. Primary Consultant Introduction – Mr. Brent Ives, BHI Principal has worked with numerous Special Districts, Joint Powers Authorities and Cities across the state dealing with organizational issues primarily in optimizing operational approach for each Agency as needed. He works with Boards of Directors each week and has for 21 years. His consulting firm, BHI Management Consulting, has assisted agencies across California with strategic planning and training in governance roles, serving nearly 100 special districts with strategic plans. Brent is with agencies each week and often with as many as four each week. Brent serves as a faculty member on the California Special Districts Governance Academy for Special District Board members, teaching classes in “Evaluating the General Manager”, “Foundations of Governance”, “Setting Direction and Community Leadership” and “The Board’s Role in Human Resources”. Brent has taught representative Board members and staff from over 100 agencies across California and Washington. He is educated in Organizational Behavior at the University of San Francisco, 26 years experience as a Technical Manager for the Lawrence Livermore National Laboratory and 14 years as a City Council Member in the City of Tracy, California. Brent served as Councilman and directly elected Mayor of the City of Tracy, CA, a member of the Altamont Commuter Express (commute rail service) Commission, a Page 281 of 334 BHI MANAGEMENT CONSULTING "Organizational Efficiency for Public Agencies" 3 member of the South County Fire Protection Authority in San Joaquin County and the San Joaquin Council of Governments (JPA). The experience of being a seasoned elected official of 23 years, of being an experienced manager and of a solid education and experience in organizational behavior, coupled with his firm’s focus on public agencies brings a unique perspective to the manager evaluation process. BHI has performed several similar projects for special districts and other public agencies in the past We hope that this information adequately presents the qualifications necessary to outline the approach and methods and to fulfill your requirements to assist the Board. An authorized signature below and/or a purchase order or other formal notice to proceed will allow the project to begin. Please feel free to call or email me with any questions or need for clarification Sincerely, Brent H. Ives 12/5/22 Brent H. Ives, Principal Date BHI Management Consulting brent@bhiconsulting.com Call/text – 209-740-6779 ______________________________ Date Mr. Mark Toy, General Manager Yorba Linda Water District Page 282 of 334 ITEM NO. 11.2. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Board of Directors' Compensation RECOMMENDATION: That the Board of Directors review the Directors' current compensation rate and discuss if it should remain the same for the next fiscal year. FISCAL IMPACT: Budget: $90,000 for FY23 BACKGROUND: In accordance with California Water Code Sections 20201-20202, the amount of compensation for members of the Board of Directors is currently set at $150 per day for each day's attendance at meetings of the Board and other meetings attended at the request of the Board, not to exceed 10 days per calendar month. Section 20202 also allows for an increase in the amount of compensation up to 5% for each calendar year following the operative date of the last adjustment. As the last adjustment was effective March 24, 2003 per Ordinance No. 03-01, the Board of Directors would be eligible for an increase in their current compensation rate up to $379.04 per day as of March 24, 2022. Attached are the results of a compensation survey initiated by IRWD for comparison to other local water agencies. Should the Board recommend an increase in the amount of compensation, an ordinance would need to be adopted pursuant to the procedures specified in Water Code Sections 20203-20204 and Government Code Section 6066:  A public hearing would need to be held prior to adoption of the ordinance.  Notice of the hearing would need to be published in a newspaper of general circulation once a week for two successive weeks prior to the public hearing.  The ordinance would become effective 60 days from the date of its final passage. No action is necessary if the Board desires the compensation rate to remain the same. ATTACHMENTS: 1. BOD Compensation Survey Page 283 of 334 BOARD OF DIRECTORS PER DIEM SURVEY (as of November 21, 2022) Agency Service Connections Combined Operating and Capital Budgets Per Diem Rate (10 meetings per month, unless noted otherwise) Contra Costa Water Agency 62,870 $226.3M $100 East Bay Municipal District 402,113 $1.2B $1,367 Monthly Salary Eastern Municipal Water District 162,923 $495.2M $223 Elsinore Valley Municipal Water District 83,150 $194.3M $221.43 (4 Directors) $232.50 (1 Director) Inland Empire Utilities Agency --$410.9M $260 Irvine Ranch Water District ~125,000 $295.2M $315 Moulton Niguel Water District ~55,000 $137.2M $267 Municipal Water District of Orange County --$184.9M $327.43 Orange County Water District ~200 $311.8M $315 Rancho California Water District 54,114 $131M $200 San Diego County Water Authority*--$1.B 2-Year Budget* $150 Board* $180 Officers* Santa Clara Valley Water District --$917M $348.45 15 days per month Santa Margarita Water District 68,821 $84.4M IDS 1-8 $18.8M SJC $270 South Coast Water District 32,981 $83M $255 West Basin Municipal Water District* 515*$283.4M* $270.70* Monthly: $463.50 Auto + $387.03 Communications Western Municipal Water District 24,519 $195.2M $240.67 * Denotes 2021 survey numbers; waiting for response for 2022. Page 284 of 334 ITEM NO. 12.1. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Delia Lugo, Finance Manager SUBJECT: YLWD Investment Strategy and Policy SUMMARY: Staff will present the attached slides and materials during the Board meeting. ATTACHMENTS: 1. Slide Deck 2. RFP for Investment Advisory Services 3. 3010-004 - Public Funds Investment Policy Page 285 of 334 Investment Update Board of Directors Meeting December 13, 2022 12/13/2022 Board of Directors Regular Meeting 1 General Manager’s Goals B – Ensure Fiscal Responsibility Page 286 of 334 Investment Updates •Updated “Authorized Signer’s Forms”. •Updating the Municipal Institutional Account Information Form. •Request For Proposal (“RFP”) for “Investment Advisory Services”. •Direction from the Board of Directors to proceed with the RFP process for Investment Advisory Services. •Develop timeline of events •Determine amount to invest 12/13/2022 Board of Directors Regular Meeting 2Page 287 of 334 1 Yorba Linda WD - Investment Advisory Services RFP YORBA LINDA WATER DISTRICT Request for Proposals for Investment Advisory Services On behalf of the Yorba Linda Water District, (the “District”), we are distributing this Request for Proposals for investment advisory services in connection with the investment of (i) certain proceeds from the sale of the District’s Revenue Bonds Series 2022A (the “2022 Bonds”); (ii) certain reserves of the District. Currently, the District expects to draw down the 2022 Bonds’ proceeds in amounts as set forth in Exhibit A. The District will provide its estimated use of reserves to the winning bidder. The District will provide an updated draw schedule to the firm selected prior to the finalization of an investment strategy. Attached hereto as Exhibit B are the definitions of Permitted Investments from the Indenture in connection with the 2022 Bonds. The District’s Investment Policy is attached as Exhibit C. Submittal information: Responses are to be delivered electronically to Mr. Doug Davert, Assistant General Manager, Ms. Delia Lugo, Finance Manager and Sophia Phuong of the District, and Mr. Robert Porr and Ms. Lora Carpenter of Fieldman, Rolapp & Associates no later than 4:00 PM pacific time on ------------------ -- , 2022. Doug Davert ddavert@ylwd.com Delia Lugo dlugo@ylwd.com Sophia Phuong sphuong@ylwd.com Robert Porr rporr@fieldman.com Lora Carpenter lcarpenter@fieldman.com Responses should be no more than fifteen pages, including any appendices or attachments. All requests for additional information or questions regarding this RFP shall be directed to Robert Porr in writing via email by ------------ --,2022. The selected firm will be responsible for: Page 288 of 334 2 Yorba Linda WD - Investment Advisory Services RFP 1. Recommending to the District an investment strategy for the 2022 Bonds’ Project Fund that prioritizes safety, liquidity and yield in connection with the District’s current and forecasted balances. 2. Recommending to the District an investment strategy for the reserve funds that prioritizes safety, liquidity and yield in connection with the District’s current and forecasted balances. 3. Analyzing various investment strategies and recommending to the District an investment approach, including comparing the benefits and drawbacks of a passive versus a managed investment approach to purchasing a portfolio of securities, if a portfolio of securities is recommended. 4. Preparing bid specifications, materials and packages in connection with the solicitation, purchase and settlement of investments. 5. Managing the process of settling securities between any provider of securities and the District. 6. Representing the District in connection with the negotiation of terms and conditions for an Investment Agreement and working with the District to close such investments (if such is recommended and solicited). 7. Reviewing the District’s Investment Policy and providing advice and recommendations on the authorized investments. The Project Team Fieldman, Rolapp & Associates, Inc. is the Municipal Advisor to the District and Stradling Yocca Carlson & Rauth serves as Bond Counsel. Selection Considerations & Criteria The District intends to select a firm with highly relevant qualifications to provide investment advisory services for similar issues and objectives. Selection criteria will include written responses to the questions below, firm qualifications and fees. The District reserves the right to negotiate fees prior to the selection of an investment advisory firm. The District further reserves the right to select one or more firms or to reject all proposals. I. QUALIFICATIONS 1. Provide an overview of your firm’s investment advisory practice, including the number of years in business and your licenses. Describe your firm’s capability related to providing investment advisory services in connection with the 2022 Bonds’ proceeds. Describe the Page 289 of 334 3 Yorba Linda WD - Investment Advisory Services RFP process your firm would take to provide advice to the District. Include the process you would take, if selected, to bid out securities. 2. Taking into account the current estimated balances, forecasts and language in Exhibit A and Exhibit B, provide a comparison, detailing advantages and disadvantages of investing the bond proceeds in an Investment Agreement versus purchasing a portfolio of securities and provide a quantitative example of the two strategies. 3. Provide your firms recommendation on any changes to the authorized investments, or investment objectives located in the District’s existing Investment Policy found in Exhibit C. II. EXPERIENCE 1. Include a description of assets under management (“AUM”) over the past 5, 3 and 1 years. Provide and explanation of the changes in AUM. 2. List or summarize your firm’s experience in the investment of tax-exempt bond proceeds in the last 5 years. 3. Provide the proposed lead advisor’s background and experience over the last 5 years in connection with the services described herein. 4. Provide a description of the services your firm provides related to investment advisory services, including but not limited to arbitrage rebate compliance/calculations. III. FEES Provide a detailed summary of your proposed fees and expenses for the proposed engagement and any assumptions used in deriving this fee structure. Please provide fees and expenses in connection with: 1. Recommending and purchasing a portfolio of securities; 2. Purchasing individual securities; 3. Fees for active management of the portfolio of securities; and 4. Bidding and settling an Investment Agreement [REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] Page 290 of 334 4 Yorba Linda WD - Investment Advisory Services RFP EXHIBIT A ESTIMATED DRAW SCHEDULES FOR 2022 BONDS’ PROCEEDS Page 291 of 334 5 Yorba Linda WD - Investment Advisory Services RFP EXHIBIT B 2022 BONDS’ PERMITTED INVESTMENTS Permitted Investments. The term "Permitted Investments" means any of the following which at the time are legal investments under the laws of the State for moneys held hereunder and then proposed to be invested therein: (A)for all purposes, including defeasance investments in refunding escrow accounts: (1) cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in clause (2) below); (2) direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; (3) U.S. Treasury Certificates, Notes and Bonds (including State and Local Government Series); (4) Resolution Funding Corp. strips (only the interest component of REFCORP strips which have been stripped by request to the Federal Reserve Bank of New York in book entry form are acceptable); (5) Pre-refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S&P. If however, the issue is only rated by S&P (i.e., there is no Moody's rating), then the pre-refunded bonds must have been pre-refunded with cash, direct U.S. or U.S. guaranteed obligations, or "AAA" rated pre- refunded municipals to satisfy this condition; and (6) Obligations issued by the following agencies which are backed by the full faith and credit of the U.S.: a. U.S. Export-Import Bank (Eximbank): Direct obligations or fully guaranteed certificates of beneficial ownership; b. Farmers Home Administration: Certificates of beneficial ownership; c. Federal Financing Bank; d. General Services Administration: Participation Certificates; e. U.S. Maritime Administration: Guaranteed Title XI financing; and f. U.S. Department of Housing and Urban Development: Project Notes, Local Authority Bonds, New Communities Debentures - U.S. government guaranteed debentures, U.S Public Housing Notes and Bonds - U.S. government guaranteed public housing notes and bonds; and (B)for all purposes other than defeasance investments in refunding escrow accounts: (1)direct obligations of the United States of America (including obligations issued or held in book-entry form on the books of the Department of the Treasury, and CATS and TIGRS) or obligations of the principal of and interest on which are unconditionally guaranteed by the United States of America; (2)obligations of any of the following federal agencies which obligations represent the full faith and credit of the United States of America: the Export-Import Bank; Page 292 of 334 6 Yorba Linda WD - Investment Advisory Services RFP Farmers Home Administration; General Services Administration; United States Maritime Administration; Government National Mortgage Association; United States Department of Housing & Urban Development; Federal Financing Bank; and Federal Housing Administration Debentures; (3)obligations of any of the following federal agencies which obligations do not represent the full faith and credit of the United States of America, including the Federal Home Loan Bank System; Federal Home Loan Mortgage Corporation (FHLMC); Federal National Mortgage Association (FNMA); Student Loan Marketing Association; Resolution Funding Corp.; and Farm Credit System; (4)commercial paper which is rated at the time of purchase in the single highest classification, "A-1" by S&P and "P-1" by Moody's; (5)investments in a money market fund rated "AAAm", "AAAm-G" or "AA-m" or better by S&P, or "Aaa", "Aal" or "Aa2" or better by Moody's, including any fund for which the Trustee or an affiliate acts as investment advisor or provides other services; (6)Certificates of deposit secured at all times by collateral described in (A) and/or (B)(l) above. Such certificates must be issued by commercial banks, savings and loan associations or mutual savings banks, including the Trustee and its affiliates. The collateral must be held by a third party and the Trustee must have a perfected first security interest in the collateral; (7)Certificates of deposit (including those of the Trustee, its parent and its affiliates), savings accounts, deposit accounts or money market deposits; (8)Investment Agreements, including GICs, Forward Purchase Agreements and Reserve Fund Put Agreements; (9)Federal Funds or bankers acceptances with a maximum term of one year of any bank, including the Trustee and its affiliates, which has an unsecured, uninsured and unguaranteed obligation rating of "Prime-I" or "A3" or better by Moody's and "A-1" or "A" or better by S&P; (10)Repurchase agreements provide for the transfer of securities from a dealer bank or securities firm (seller/borrower) to the Trustee or the District, as applicable, and the transfer of cash from the Trustee or the District, as applicable, to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the Trustee or the District, as applicable, in exchange for the securities at a specified date; 1.Repurchase agreements must be between the municipal entity and a dealer bank or securities firm. Page 293 of 334 7 Yorba Linda WD - Investment Advisory Services RFP a.Primary dealers on the Federal Reserve reporting dealer list which are rated "A" or better by Standard & Poor's Corporation and Moody's Investor Services; or b.Banks rated "A" or above by S&P and Moody's. 2.The written contract must include the following: a.Securities which are acceptable for transfer are: (1) Direct U.S. Governments; or (2) Federal agencies backed by the full faith and credit of the U.S. government (and FNMA & FHLMC); b.The term of the Repurchase agreement may be up to 30 days; c.The collateral must be delivered to the Trustee or the District, as applicable, trustee (if the trustee is not supplying the collateral) or third party acting as agent for the trustee (if the trustee is supplying the collateral) before/simultaneous with payment (perfection by possession of certificates securities). d.The securities must be valued weekly, marked-to-market at current market price plus accrued interest. The value of collateral must be equal to 104% of the amount of cash transferred by the Trustee or the District, as applicable, to the dealer bank or security firm under the repurchase agreement plus accrued interest. If the value of the securities held as collateral slips below the 104% of the value of the cash transferred by the Trustee or the District, as applicable, then additional cash and/or acceptable securities must be transferred. If, however, the securities used as collateral are FNMA or FHLMC, then the value of collateral must equal 105%. 3.Legal opinion which must be delivered to the Trustee and the District: the Repurchase Agreement meets guidelines under state law for legal investment of public funds; (11)The Local Agency Investment Fund of the State of California created pursuant to Section 16429.1 of the California Government Code; and (12)Unsecured certificates of deposit, time deposits, money market deposits, demand deposits and bankers' acceptances of any bank (including those of Trustee, its parent and its affiliates) the short-term obligations of which are rated on the date of purchase "A-1" or better by S&P, "P-1" or better by Moody's or "Fl" or better by Fitch. Page 294 of 334 8 Yorba Linda WD - Investment Advisory Services RFP EXHIBIT C YLWD INVESTMENT POLICY Page 295 of 334 Page 296 of 334 Page 297 of 334 Page 298 of 334 Page 299 of 334 Page 300 of 334 Page 301 of 334 Page 302 of 334 Page 303 of 334 Page 304 of 334 Page 305 of 334 Page 306 of 334 Page 307 of 334 Page 308 of 334 Page 309 of 334 ITEM NO. 12.2. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: John DeCriscio, Operations Manager SUBJECT: OCWD Groundwater Basin Production Percentage (BPP) SUMMARY: Staff will present the attached slides during the Board meeting. ATTACHMENTS: 1. Slide Deck Page 310 of 334 John DeCriscioOperations Manager 12/13/2022 Board of Directors Regular Meeting 1 BPP Tracking Fiscal Year 2022-23 General Manager’s Goals A1 –Ensure Well Production Matches Basin Production Percentage (BPP) Page 311 of 334 Water Demands Budget to Actuals 12/13/2022 Board of Directors Regular Meeting 2 Total Water Production Page 312 of 334 July 2022 thru October 2022 12/13/2022 Board of Directors Regular Meeting 3 MONTH ACTUAL GW (AF) ACTUAL IMPORT (AF) TOTAL DEMAND (AF) MONTHLY ACT. GW (%) YTD ACT. GW (%) BUDGET (Demand Est.) (AF) DELTA (%) (C1)(C2)(C3) =(C1)+(C2) (C4) =(C1)/(C5) (C5) =Σ[(C1)/(C5)](C6)(C7) =[(C5)-(C8)]/(C8) Jul-22 1,651.1 382.4 2,033.5 81.2%81.2%2,142.6 -5.1% Aug-22 1,659.8 390.2 2,050.0 81.0%81.1%2,164.6 -5.3% Sep-22 1,527.5 350.3 1,877.8 81.3%81.2%1,988.0 -5.5% Oct-22 1,310.0 301.8 1,611.8 81.3%81.2%1,855.1 -13.1% Nov-22 1,555.0 Dec-22 1,224.1 Jan-23 1,183.6 Feb-23 1,136.9 Mar-23 1,090.3 Apr-23 1,518.6 May-23 1,739.9 Jun-23 1,850.5 FYTD 6,148.3 1424.82 7,573.2 81.2%8,150.3 -7.1% Red denotes In-Lieu month Allowable BPP GW (YTD)5,831.3 (AF) Overpumped 317.0 (AF) Groundwater Production Page 313 of 334 ITEM NO. 12.3. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Doug Davert, Assistant General Manager SUBJECT: Draft Memorandum of Understanding with MWDSC for Construction of Helicopter Hydrant SUMMARY: Staff will present the attached slides during the Board meeting. ATTACHMENTS: 1. Slide Deck Page 314 of 334 Helicopter Hydrant Status Update 12/13/2022 Board of Directors Regular Meeting 1 General Manager’s Goals C1 – Meet Deadlines for Community Service Project – Helicopter Hydrant Page 315 of 334 PROJECT PARTNER: Metropolitan Water District of Southern California Mutual Desires Enhance resilience to wildland fires Protect critical water infrastructure Assist the community in the protection of homes, businesses, and key environmental assets 12/13/2022 Board of Directors Regular Meeting 2Page 316 of 334 PROJECT LOCATION: Robert B. Diemer Water Treatment Plant 12/13/2022 Board of Directors Regular Meeting 3Page 317 of 334 DRAFT MEMORANDUM OF UNDERSTANDING: Agency Commitments 12/13/2022 Board of Directors Regular Meeting 4 Metropolitan •$400,000 •Land value, to be appraised for grant match •Water supply •Project management/design/construction •Documentation to satisfy grant audits •Site access for constructing, training, and tours •Site security •Ongoing operations and maintenance •Connection to the Metropolitan SCADA YLWD •$500,000 Congressionally directed grant from the U.S. Forest Service •Up to $?? in excess of USFS and Metropolitan funding •Coordination with CAL Fire and OCFA •Technical advice to Metropolitan on design, construction, and operations •Federal grant reporting Page 318 of 334 METROPOLITAN’S PRELIMINARY SCHEDULE AND BUDGET 12/13/2022 Board of Directors Regular Meeting 5 SCHEDULE – 18 MONTHS •Design – Jan. 2023 to Aug. 2023 •Tank Procurement – Sep. 2023 to Dec. 2023 •Construction – Jan. 2024 to Apr. 2024 •Start-up and Testing – May 2024 •Project Close-out – Jun. 2024 •Project Close-out – Jun. 2024 DESIGN & CONSTRUCTION BUDGET – TBD Page 319 of 334 ITEM NO. 12.4. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Board of Directors' Committee, Agency, and Intergovernmental Meeting Assignments RECOMMENDATION: That the Board of Directors consider the currently established committees and determine their continuing relevance, review the available assignments, and provide their preferences to the newly elected President by Tuesday, December 27, 2022 in preparation for the next regular Board meeting on Tuesday, January 10, 2023. FISCAL IMPACT: Total Budget: $90,000 for FY23 BACKGROUND: The budgeted amount listed above includes Directors' compensation for Board, Committee, and intergovernmental meeting attendance at a maximum of $150 per day up to 10 days per calendar month as allowed by statute and established by Ordinance No. 03-01. The attached list has been provided to facilitate the process of identifying Directors' assignment preferences. Two Board members will also need to be assigned to serve as Active and Alternate Directors for the Orange County Sanitation District (OC San). The Active Director may also be assigned to one or more OCSan committees. OC San Board members are compensated by OC San at a rate of $212.50 per day for meeting attendance (up to six meetings a month with the average being two) and receive no health insurance benefits from OC San. OC San's Chair may be compensated for up to ten meetings per month. STRATEGIC PLAN INITIATIVES: G1 5B - Actively participate with existing water/sewer organizations on regulatory and emerging issues.; G1 5C - Regularly meet with regional agencies on water supply issues (conservation, mandates, forecast). ATTACHMENTS: 1. Previous Director Assignments Page 320 of 334 YORBA LINDA WATER DISTRICT Board of Directors' Committee, Agency and Intergovernmental Meeting Assignments JOINT / INTERAGENCY COMMITTEES 2022 2023 YLWD / MWDOC / OCWD Miller Meets as needed. DesRoches YLWD / City of Yorba Linda Lindsey Meets as needed, generally on quarterly basis. Miller YLWD / City of Placentia Lindsey Meets as needed. Jones INTERGOVERNMENTAL MEETINGS 2022 2023 MWDOC Board of Directors Miller Meets 1st and 3rd Wednesday of the month at 8:30 a.m. Lindsey http://www.mwdoc.com/ MWDOC/OCWD Joint Planning DesRoches Meets 4th Wednesday of Jan, Apr, Jul and Oct at 8:30 a.m. Miller http://www.mwdoc.com/ OCWD Board of Directors DesRoches Meets 1st and 3rd Wednesday of the Month at 5:30 p.m. Jones http://www.ocwd.com/ OC Sanitation *Jones Meets 4th Wednesday of the month at 6:00 p.m. Lindsey (Alternate) http://www.ocsan.gov/ YL City Council Directors Rotate Attendance Meets 1st and 3rd Tuesday of the month at 6:30 p.m. http://www.ci.yorba-linda.ca.us/ YL Planning Commission Hawkins Meets 2nd and 4th Wednesday of the Month at 6:30 p.m. (As Needed) https://www.yorbalindaca.gov/206/Planning-Commission ISDOC Any Director Meets months with 5th Thursday at 11:30 a.m. When Desired http://isdoc.specialdistrict.org/ ISDOC Executive Committee Any Director Meets 1st Tuesday of the month at 7:30 a.m. When Desired http://isdoc.specialdistrict.org/ WACO Any Director Meets 1st Friday of the month at 7:30 a.m. When Desired http://www.mwdoc.com/waco WACO Planning Committee Any Director Meets 3rd Tuesday of the month at 7:30 a.m. When Desired http://www.mwdoc.com/waco OC LAFCO Any Director Meets 2nd Wednesday of the month at 8:15 a.m. When Desired http://oclafco.org/ Page 321 of 334 YORBA LINDA WATER DISTRICT Board of Directors' Committee, Agency and Intergovernmental Meeting Assignments INTERGOVERNMENTAL MEETINGS CONTINUED 2022 SAWPA Commission Any Director Meets 1st and 3rd Tuesday of the month at 9:30 a.m. When Desired http://sawpa.org/ OCWA Webinars Any Director Meets 3rd Wednesday of the month at 12:30 p.m. When Desired http://ocwater.org/ ACWA-JPIA ˟Jones Meets semi-annually in May and November. http://www.acwajpia.com/ ˟ Submission of Form 700 for ACWA/JPIA required. * Submission of Form 700 for OC San required. Additional committee participation may be necessary and is determined by OC San Board. Page 322 of 334 ITEM NO. 13.1. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Director's Reports The Directors will report on their attendance at the following events: November MWDOC Board - November 16, 2022 OCWA Webinar - November 16, 2022 OCWD Board - November 16, 2022 OC Sanitation - November 16, 2022 December ISDOC Executive Committee - December 6, 2022 SAWPA Commission - December 6, 2022 YL City Council - December 6, 2022 MWDOC Board - December 7, 2022 OCWD Board - December 7, 2022 WACO - December 9, 2022 Best of Yorba Linda Awards - December 13, 2022 Page 323 of 334 ITEM NO. 13.2. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Mark Toy, General Manager SUBJECT: General Manager's Report A brief update on District activities and matters of interest as of December 6, 2022. General Manager 1. Despite the holiday schedule in November, it was an extremely busy and productive time at YLWD. At the invitation of Executive Director Herb Nakasone, I participated in the most recent Santa Ana River Flood Protection Agency (SARFPA) Zoom call on Thursday, November 17th. Given my past experience with the U.S. Army Corps of Engineers, I was able to provide relevant perspective on a myriad of SARFPA agency issues. As the Santa Ana River is a main source of water for our groundwater wells, my relationship with Santa Ana River stakeholders like SARFPA will pay future dividends as we execute the YLWD mission. Prior to Thanksgiving, the YLWD management team was fortunate to participate in a tour of the Diemer Water Treatment Plant in Yorba Linda. Our sincere thanks to Director DesRoches who personally led the tour of the Diemer facility. Besides serving as a great team-building event for our management team, our district leaders learned new information about the vital role that the facility plays in providing drinking water to the Southern California area. After the Thanksgiving holiday, AGM Doug Davert and I attended the Association of California Water Agencies (ACWA) Fall 22 Conference and Exhibition at Indian Wells, CA. This was my first ACWA conference in my new capacity as GM, and I found the entire week a wonderful opportunity to learn and connect with water professionals across the entire state. Specifically, Doug and I attended the following committee meetings: • Groundwater Committee • Water Management Committee • Finance Committee • Membership Committee • Water Industry Trends • Region 10 Update The general, joint sessions celebrated the accomplishments of well-deserving contributing ACWA members and also provided venues for several keynote speeches. Overall, participating in the conference was a wonderful learning experience for me; more than Page 324 of 334 anything, I created even more connections with partners, stakeholders, and potential sponsors in the water industry. The next major event is the ACWA conference in Washington DC from Tuesday, February 28th to Thursday, March 2nd. 2. This week, I participated in California Special Districts Association (CSDA) Special District Leadership Academy (SLDA) training. My participation in this two-day training event as the General Manager will ensure that YLWD maintains its Transparency Certificate of Excellence and District of Distinction accreditation from the Special District Leadership Foundation (SDLF). Furthermore, this training is a good primer for the board-directed workshop that board members and senior YLWD management staff will participate in next year regarding roles and responsibilities for Board of Directors and YLWD Staff. Operations 3. An industrial fire in Savi Ranch occurred on Friday, November 25th, and calls to the District started coming in at 5:03 p.m. Operations response was not needed and all systems performed as designed. Operations Standby responded only to evaluate from a distance. 4. Security cameras have been installed and tested at Bryant Ranch Reservoir, Little Canyon Reservoir, and Chino Hills Reservoir. 5. The second of the scheduled services on the PFAS Vessels has been rescheduled for later in December. The last service resulted in improved flows through the affected vessels, and we will update the Board with the results of the next effort. The reduced flow was caused, at least partially, by an accumulation of Manganese (Mn) within the ion exchange resin beds. 6. Groundwater production continues to be strong. For November 2022, our groundwater production was 82.3% of demand which brings our year-to-date average to 81.3%. Engineering 7. Engineering and Operations staff participated in a workshop with the Water Master Plan consultant to discuss how YLWD’s water system operates and to identify existing operational issues in order to develop cost-effective solutions that will improve the operational efficiency of YLWD’s water system. The update of the hydraulic model and development of the water master plan are both on schedule and are expected to be completed in June 2023. Finance 8. As previously reported, a billing issue at Southern California Edison resulted in YLWD not receiving electric bills for the Miraloma/Richfield campus for several months, We are pleased to report that the issue has been resolved. Last week, YLWD received the bills dating back to May and is processing them for payment. Human Resources and Risk Management 9. Recruitment for the position of Safety and Training Analyst is open until filled. First review of applications is scheduled for the third week of December with interviews tentatively scheduled for mid-January. Interviews for the position of Customer Service Representative III have concluded and employment offers are in the process of being prepared. Public Affairs Page 325 of 334 10. November has been a busy month for Water Treatment Plant tours. The team hosted tours for Hephatha Lutheran 3rd Graders, Godinez Fundamental 10 Graders, and Cal State Fullerton Engineering students. Staff is available to answer any questions you may have regarding the foregoing. (NSTR = Nothing significant to report.) Attachments: 1. Townsend Public Affairs Monthly Report Page 326 of 334 ITEM NO. 15.1. AGENDA REPORT MEETING DATE: December 13, 2022 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Meetings from December 14, 2022 - January 31, 2023 1. Board Activity Calendar Page 333 of 334 Board of Directors Activity Calendar Event Date Time December OC LAFCO Wed, Dec 14 8:15 AM YL Planning Commission Wed, Dec 14 6:30 PM OC Sanitation Thu, Dec 15 6:00 PM WACO Planning Committee Tue, Dec 20 7:30 AM SAWPA Commission Tue, Dec 20 9:30 AM YL City Council Tue, Dec 20 6:30 PM MWDOC Board Wed, Dec 21 8:30 AM OCWA Webinar Wed, Dec 21 11:30 AM OCWD Board Wed, Dec 21 5:30 PM YL Planning Commission Wed, Dec 28 6:30 PM January ISDOC Executive Committee Tue, Jan 3 7:30 AM SAWPA Commission Tue, Jan 3 9:30 AM YL City Council Tue, Jan 3 6:30 PM MWDOC Board Wed, Jan 4 8:30 AM OCWD Board Wed, Jan 4 5:30 PM WACO Fri, Jan 6 7:30 AM Board of Directors Regular Meeting Tue, Jan 10 6:30 PM OC LAFCO Wed, Jan 11 8:15 AM YL Planning Commission Wed, Jan 11 6:30 PM WACO Planning Committee Tue, Jan 17 7:30 AM SAWPA Commission Tue, Jan 17 9:30 AM YL City Council Tue, Jan 17 6:30 PM MWDOC Board Wed, Jan 18 8:30 AM OCWA Webinar Wed, Jan 18 11:30 AM OCWD Board Wed, Jan 18 5:30 PM Board of Directors Regular Meeting Tue, Jan 24 6:30 PM OC Sanitation Wed, Jan 25 6:00 PM YL Planning Commission Wed, Jan 25 6:30 PM As of December 6, 2022 Page 334 of 334 BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING Page 1 M E M O R A N D U M To: Yorba Linda Water District From: Townsend Public Affairs Date: December 7, 2022 Subject: State and Federal Legislative Monthly Report State Legislative Updates The month of November served as a major milestone in laying the groundwork for action in the new year. Actions included the November 8 Midterm elections, which resulted in numerous non- incumbent state Assembly Members and Senators and the passage of four new statewide initiatives. Additionally, the month featured proposed changes to the Assembly Speakership, new information on the status of the State’s fiscal health, several regulatory changes related to environmental sustainability and campaign finances, as well as Gubernatorial action on the future of state homeless support dollars. Below is an overview of pertinent actions taken during the month of November 2022. State General Election Results On November 8, millions of Californians cast their ballot in the State’s General Election to weigh in on all Constitutional Officers, seven statewide Propositions, and numerous State legislative races – many of which had no incumbents. Notable results include three of the seven ballot initiative passing and numerous non-incumbent legislative races, resulting in both houses maintaining their democratic supermajorities (63– 17 in the Assembly and 32– 8 in the Senate). With regard to voter initiatives, voters passed Proposition 1, which amends the California Constitution to enshrine a fundamental right to reproductive freedom, Proposition 28, which requires the state to add an amount equal to 1% of Prop. 98 funding for arts and music education, and Proposition 30, which upholds the Legislature’s flavored tobacco ban. Voters rejected - by wide margins - four measures relating to sports wagering, a wealth tax to fund climate initiatives, and a measure relating to labor practices at kidney dialysis clinics. On statewide races, constitutional officers were all re-elected by wide margins, including Governor Newsom, Lieutenant Governor Eleni Kounalakis, and Attorney General Rob Bonta. The race for State Controller, between Democrat Malia Cohen and Republican Lanhee Chen, was the only constitutional office that did not have an incumbent running, and ultimately resulted in Malia Cohen winning the seat. Voters were also asked to consider their local legislative representatives. In the past year, the decennial redistricting process caused numerous lawmakers to move, battle for new district spots, or retire. This, coupled with many legislators that were set to be impacted by term limits in 2024, resulted in 10 open State Senate seats and 19 open Assembly seats, the largest such number of open legislative seats in a decade. While many races that featured incumbent legislators largely ITEM NO. 13.2. Page 327 of 334 Page 2 favored incumbents, new district boundaries that one would otherwise expect to have safe elections materialized into some races too close to call. Looking forward, new legislators will be sworn into office on December 5, which will kick of preliminary bill introductions, new ideas, meetings, and budget negotiations prior to the official reconvening of the 2023-24 Legislative Session on January 4, 2023. LAO Releases State Budget 2023-24 Fiscal Outlook On November 16, the Legislative Analyst’s Office (LAO) released its fiscal outlook report for the State’s 2023-24 upcoming budget cycle. Last year’s report included a positive growth outlook, with a projected $31 billion operating surplus ahead of the 2022-23 budget process and revenues “growing at an historic rate”. This report, however, paints a more conservative projection for future spending practices. The fiscal outlook projects a $25 billion budget shortfall in the 2023-24 fiscal year due to rising inflation rates and constricted revenue projections, as well as anticipated deficits of $17 billion and $8 billion over the next two out years, before revenues and expenditures level out. While this number seems significant, it ultimately represents a 3.6% projected shortfall, as the deficit number covers the current year, in addition to the next fiscal year. In the greater context of historical California budgets, this shortfall is manageable. Additionally, the State will enter into the next fiscal year with $23 billion in the Rainy-Day Fund, which is accessible to help offset the impact of the deficit. While the LAO has issued its Fiscal Outlook, the Department of Finance has its own economic projections that will be used as the basis for the Governor’s January Budget. Additionally, the State’s revenues will continue to fluctuate throughout the remainder of 2022 and into 2023 as taxes are filed. This means that the budget situation will continue to evolve as additional data is considered, actual revenue is collected, and spending decisions are made. Legislature Confirms Upcoming Leadership Changes Two days after the November 8 election, Assembly Democrats gathered behind closed doors to consider leadership changes for the 2023 Legislative Session. After hours of deliberation, it was announced that Assembly Democrats will allow Speaker Anthony Rendon to remain at the helm of the party’s caucus until June 30, then will transfer power to Assembly Member Robert Rivas. Rivas will be the first Speaker in the modern era to represent a rural district. His district includes parts of San Benito, Santa Clara, and Monterey counties. Assembly Member Rivas had previously attempted to ascend the speakership in June, following an unexpected convening of Democratic caucus members for what was reportedly a contentious 6 hour-long meeting. While current Speaker Anthony Rendon initially announced his plans to retain his leadership status until his term ends in 2024, the announcement will assist in a smooth transition of power later into the session. Party caucuses in the Legislature typically choose their leadership between elections and the start of a new legislative session. The official votes will take place during lawmakers’ swearing-in and organizing session on December 5. The transition date of June 30, 2022 will likely mean that incumbent policy committee chairs will remain the same until after 2023, wherein Speaker-Elect Rivas may make changes without impacting the regular order of business. By that date, the 2023 State Budget will have already been passed by the Legislature and will likely be signed by the Governor. ITEM NO. 13.2. Page 328 of 334 Page 3 FPPC Issues Ruling the Interpretation of New Law Governing Local Government Campaign Contributions On November 17, the California Fair Political Practices Commission (FPPC) considered the implementation of SB 1439 (Glazer, Statutes of 2022), which broadens the scope of the Political Reform Act to prohibit local elected officials from taking part in licensing, permitting, and other use entitlement proceedings involving a party or participant who has contributed more than $250 to the official within the 12 months prior to the proceeding. Although SB 1439 does not go into effect until January 1, 2023, it contains a provision that disqualifies officials from participating in decisions involving a prior donor’s license, permit or other entitlement for twelve months after the date of a donation exceeding $250. Specifically, local governments brough the issue to the FPPC’s attention because of concerns as to whether local elected officials will be prohibited from taking part in decisions involving parties and participants from whom they received contributions of $250 or more during the preceding 12 months, before the amended statute was in effect. Ultimately, the Commission unanimously voted to not retroactively apply the provisions of SB 1439 to contributions made in 2022 once the measure becomes effective on January 1, 2023. Commissioners plan to hold a special remote teleconference meeting on December 22, 2022 to officially adopt the opinion, which will ensure that the interpretation of the law is codified prior to the start of the new year. This decision ensures elected officials will not have to consider recusing themselves from decisions during the 2023 calendar year if the decision involves individuals or parties that have made contributions of $250 or greater to an official within the past 12 months. Rather, elected officials will have to be mindful of contributions made during the 2023 calendar year and onward. CARB Releases Updated Ambitious Scoping Plan On November 16, the California Air Resources Board (CARB) released its updated proposal to reach carbon neutrality by 2045. The scoping plan reflects Governor Newsom’s accelerated goal to achieve statewide carbon neutrality as soon as possible, and no later than 2045, and establishes an 85% emissions reduction target as part of that goal. By 2045, the plan envisions a thirty-fivefold increase in zero-emission vehicles and four times the amount of power generation from wind and solar energy — an increase that would avoid the need for new natural gas-burning power plants, officials say. The plan also anticipates that consumer demand for petroleum and natural gas will drop 86% in the next 23 years. Further, the plan calls for massive increases in controlled burns to curb wildfire emissions, provides for only electric appliances to be installed in residential buildings beginning 2026, and ramps up grid resiliency to support demand. After months of public meetings and policymaker discussions, the finalized scoping plan creates a non-binding roadmap for the state to follow. It will be incumbent on lawmakers and government agencies to pass legislation, establish regulations, and earmark funding for climate initiatives that achieve these targets. The plan will go before CARB’s Board for formal consideration next month. ITEM NO. 13.2. Page 329 of 334 Page 4 Federal Legislative Updates The month of November played a vital role in laying the groundwork for the partisan makeup of Congress and the future of Congressional action over the next two years. The month included the outcome of the midterm elections, which resulted in slim majority margins in both houses and notable leadership changes, the passage of several civil rights bills, and the deployment of funding programs to address climate change, electrical infrastructure, and other high priority issues. Below is an overview of relevant federal actions from the month of November 2022. Appropriations Update Top Appropriations Committee members are making it clear that they want to strike a deal to fund the government for the remainder of fiscal year 2023, but they have yet to reach agreement on top-line spending levels. Due to this, it is increasingly likely that another short-term funding measure will be needed to avoid a shutdown on December 16. There is bipartisan agreement that an omnibus is better than an additional short-term continuing resolution, but leaders remain divided on a number of sticking points, including the issue of defense and non-defense spending parity. The details of the omnibus spending package are still coming together but it is likely to include funding measures for items such as additional aid to Ukraine, disaster assistance, Medicare and Medicaid extensions, and the extension of funding for veterans and public health programs. Water Resources Development Act Moves Forward The biennial Water Resources Development Act (WRDA) is entering the final stage of approval as the legislative year concludes. A compromise agreement bridging differences between versions from the House and Senate was released on the evening of December 6, 2022 and is expected to become law as a part of the Fiscal Year 2023 National Defense Authorization Act. The WRDA authorizes improvements to inland waterways and authorizes funding for flood control and coastal resilience projects. It also includes authorizations for specific drinking water, clean water, and water recycling projects. Because the bill touches communities in all 50 states, it has broad bipartisan support among lawmakers. The WRDA also seeks to provide more assistance and resources to tribal communities and to underserved communities to complete critical water projects. The measure would also create an advisory committee to provide advice and recommendations to the Army Corps of Engineers on water resource projects in those areas. Lame Duck Session Look Ahead The lame-duck session is slated to run through December 21 but there is potential for the lame- duck to be extended all the way until the beginning of the 118th Congress at noon on January 3, 2023. With a narrowly divided government for the next two years, congressional Democrats are working to see what priorities they can push through in the final weeks of the 117th Congress. The two major items at the top of the to-do list are the fiscal year 2023 government spending package and the National Defense Authorization Act (NDAA). There is a long list of riders that could tag along on the spending and defense legislation. Some of the key legislation includes: • Retirement and tax proposals that would boost retirement savings and renew tax credits; ITEM NO. 13.2. Page 330 of 334 Page 5 • Leftover trade policy changes dropped from US-China competition laws; • Health care proposals to cover Medicare and Medicaid, pandemic preparation, mental health accessibility, and FDA authorities; • Emergency supplemental funding including disaster aid relief following Hurricane Ian; and • Technology policy focused on children’s privacy and tech competition. Congressional Leadership Elections Recap Legislators in Washington, DC are taking major steps to piece together the governing coalitions for the 118th Congress. House and Senate Republicans elected their leaders and Democrats set their leadership elections for November 30. In the closely watched race for House Speaker, Representative Kevin McCarthy of California secured his party’s nomination on November 15 while facing down a challenge from his right flank. While he only needed a simple majority among his Republican colleagues to secure the Speaker’s nomination, he will need to receive a majority of the whole House, 218 votes, during a vote at the start of the new Congress in January. With over 30 defections during the conference vote, and a slim Republican majority set to be sworn in, Representative McCarthy’s path to 218 will be a bumpy one. It is more likely than not that Representative McCarthy will be elected Speaker, however, the key question will be what concessions he is forced to make in order to secure the required support. The Republican House leadership is rounded out by Majority Leader-designate Steve Scalise of Louisiana and Majority Whip-designate Tom Emmer of Minnesota. In the Senate, Republican Leader Mitch McConnell was reelected to the role. When the 118th Congress begins, Leader Mitch McConnell will become the longest serving party leader in US Senate history. Senate Democrats are scheduled to elect their leaders following the Thanksgiving holiday. Senator Chuck Schumer is not facing any challengers to resume the role he currently serves in. On November 17, House Speaker Nancy Pelosi announced that she would not seek to remain in Democratic leadership. Along with her announcement, her long-time deputies Majority Leader Steny Hoyer of Maryland and Whip Jim Clyburn of South Carolina both announced that they too would not run for top leadership positions. Representative Hakeem Jeffries of New York is positioned to become Democratic Leader with Representative Katherine Clark of Massachusetts and Representative Pete Aguilar of California as Whip and Caucus Chair, respectively Update on Debate over Republican Conference Rules The House Republican Conference debated proposed changes to the package of rules that govern their internal party organization during November, with many amendments seen as concessions to members of the Freedom Caucus and attempts to limit the power of top leaders. Among the amendments that were agreed to was a motion to increase the number of members on the Republican Steering Committee, a panel that guides policy and determines who serves on what committees. This was widely seen as a concession to the rank and file to dilute the influence of Kevin McCarthy on the panel. In a victory for McCarthy, an amendment to require a majority of the Republican Conference support a motion to vacate the chair, the procedural move that would remove McCarthy from the speakership, was approved. This would make it much more difficult for Republican members to oust McCarthy. ITEM NO. 13.2. Page 331 of 334 Page 6 In an additional rebuke to the most conservative members of the House GOP Conference, an amendment to ban members from seeking earmarks was defeated 52-158. This vote means that Republican members will be allowed to request earmarks again in the 118th Congress however it is yet to be seen how the new House Appropriations Committee majority will implement the practice of requesting earmarks. ITEM NO. 13.2. Page 332 of 334