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
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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
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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
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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
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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))
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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
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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.
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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
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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.
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Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 2
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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.
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Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 3
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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.
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Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 4
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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.
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Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 5
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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.
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Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 6
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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
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Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 7
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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.
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Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 8
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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
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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.
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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
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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.
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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<D -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
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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
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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
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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)
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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)
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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)
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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(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.
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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.
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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
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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
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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.
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• 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?
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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).
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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
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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.
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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.
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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
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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
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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.
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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.
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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).
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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.
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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
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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/.
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———. 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.
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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
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BNSF Waterline Crossing at Veterans Village and Highland Avenue
Initial Study / Mitigated Negative Declaration
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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.
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BNSF Waterline Crossing at Veterans Village and Highland Avenue
Initial Study / Mitigated Negative Declaration
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BNSF Waterline Crossing at Veterans Village and Highland Avenue
Initial Study / Mitigated Negative Declaration
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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
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BNSF Waterline Crossing at Veterans Village and Highland Avenue
Initial Study / Mitigated Negative Declaration
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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:
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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: _________________________________________________________________________
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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:____________________________________
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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.
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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
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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
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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.
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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
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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
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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.
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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
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EXHIBIT A
CONTRACTOR’S SCOPE OF WORK, SCHEDULE OF SERVICES,
AND FEE SCHEDULE
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EXHIBIT “B”
INSURANCE CERTIFICATES
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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
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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:
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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
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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:
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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:
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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
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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
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Landscape Maintenance that Goes '
Above & Beyond
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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.
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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.
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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.
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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.
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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.
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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
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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. '
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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.
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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
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Management
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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 •
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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
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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 .'
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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:____________________________________
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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.
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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
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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
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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.
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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
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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
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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.
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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
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EXHIBIT A
CONTRACTOR’S SCOPE OF WORK, SCHEDULE OF SERVICES,
AND FEE SCHEDULE
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EXHIBIT “B”
INSURANCE CERTIFICATES
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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
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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:
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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
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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:
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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.
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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:
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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.
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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
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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.
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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
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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
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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:
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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
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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]
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Yorba Linda WD - Investment Advisory Services RFP
EXHIBIT A
ESTIMATED DRAW SCHEDULES FOR 2022 BONDS’
PROCEEDS
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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;
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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.
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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.
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Yorba Linda WD - Investment Advisory Services RFP
EXHIBIT C
YLWD INVESTMENT POLICY
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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
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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
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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
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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
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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
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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/
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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