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1985-1010_SERRA_Agreement 2nd Amd
RA/0601 " 10/9/85 AMENDMENT NO 2 TO AGREEMENT FOR APPLICATION FOR WAIVER OF OCEAN DISCHARGE REQUIREMENTS FOR SOUTH EAST REGIONAL RECLAMATION AUTHORITY FOR AN ON BEHALF OF PROJECT COMMITTEE NO. 17 This Amendement No. 2 was made and entered into this IC &' day of October, 1985, by and between SOUTH EAST REGIONAL RECLAMATION AUTHORITY ("SERRA"), a joint powers agency created by that joint powers agreement entitled, "Joint Exercise of Powers Agreement Creating South East Regional Reclamation Authority of Orange County, California", dated March 9, 1970, (hereinafter in some instances referred to as "SERRA"), and the following parties: (A) Moulton -Niguel Water District (MNWD); (B) Santa Margarita Water District (SMWD); (C) the City of San Clemente (CSC); and (D) the City of San Juan Capistrano (SJC). The foregoing parties to this agreement are the participating member agencies of SERRA for Project Committee No. 17 (hereinafter in some instances referred to as the "Participating Member Agencies"). WITNESSETH: WHEREAS, PC No. 17 was established for the pur- poses of applying to United States Environmental Protection Agency for a waiver from the requirements necessitating a -1- secondary treatment of wastewater by SERRA (the "Waiver"); and WHEREAS, on or about October 13, 1983, SERRA, MNWD, SMWD, CSC, SJC entered into an agreement entitled "Agreement For Application For Waiver of Ocean Discharge Requirements For South East Regional Reclamation Authority For And on Behalf of Project Committee No. 17" (the "Agreement"); and WHEREAS, in or about July, 1985, SERRA, MNWD, CSC and SJC proposed amending the Agreement ("the First Amended Agreement") deleting as a participating member agency CSC, which First Amended Agreement may or may not yet be fully completed by all parties to the Agreement as of the date this Agreement is entered into; and WHEREAS, the Participating Member Agencies of PC No. 17 have decided to withdraw their request for the Waiver; and WHEREAS, the proposed withdrawal of the request for the Waiver has been approved by the Board of Directors of SERRA; and WHEREAS, since the sole purpose of the formation of PC No. 17 was to pursue the Waiver and since this purpose no longer exists, PC No. 17 should be terminated. NOW, THEREFORE, the parties hereto do agree as follows: -2- Section 1. The Agreement is hereby terminated subject to taking all necessary action to withdraw the Waiver, terminate PC No. 17 and pay all outstanding costs of PC No. 17. Section 2. Each participating member agency shall bear equally its share of the total cost of withdrawing the Waiver, terminating PC No. 17 and paying the outstanding costs of PC No. 17 in equal proportions. Section 3. All amendments to the Agreement, in- cluding the First Amended Agreement, whether executed or not, are hereby rescinded and terminated with this Agreement. Section 4. PC No. 17 is hereby terminated. -3- IN WITNESS WHEREOF, the parties hereto have executed this Ageement to terminate PC No. 17 effective on the day and year first hereinabove written. SOUTH EAS GIONAL RECLAMATION AUTHO Y 41 By MOULTON-NIGUEL WATER DISTRICT CITY OF SAN CLEMENTE go CITY OF SAN JUAN CAP Q1 APPROVM AS TO FORM: JO SHAW, CITY ATTORNEY .r 1 AMENDMENT NO. 1 TO AGREEMENT FOR APPLICATION FOR WAIVER OF OCEAN DIS- CHARGE REQUIREMENTS FOR THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY FOR AND ON BEHALF OF PROJECT COMMITTEE NO. 17 THIS AMENDMENT NO. 1 is made and entered into this day of 1985, by and between SOUTH EAST REGIONAL RECLAMATION AUTHORITY, a joint powers agency created by that Joint Powers Agreement entitled, "Joint Exercise of Powers Agree- ment South East Regional Reclamation Authority of Orange County, California (SERRA)", dated March 9, 1970, (hereinafter in some instances referred to as "SERRA"), and the following parties: (a) Moulton -Niguel Water District (MNWD); (b) Santa Margarita Water District (SMWD); (c) City of San Clemente (CSC); and (d) City of San Juan Capistrano (SJC). The foregoing parties to this Agreement are the Participating Member Agencies of SERRA for Project Committee No. 17 (hereinafter in some instances referred to as the "Participating Member Agencies"). R E C I T A L S WHEREAS, SERRA has heretofore entered into a Project Committee Agreement with the Participating Member Agencies; and WHEREAS, the CSC has expressed its desire to withdraw from Project Committee No. 17 ("PC No. 17") at this time subject to -1- s 1 paying its proportionate share of all expenses incurred to date together with the expenses of withdrawing from PC No. 17 as here- inafter set forth in this Amendment No. 1 to the Project Committee Agreement; and NOW, THEREFORE, the parties hereto do agree as follows: Section 1. The Project Committee Agreement of PC No. 17 of SERRA is hereby amended to delete the CSC as a participating member subject to the terms and conditions of this Amendment. Section 2. It is acknowledged and agreed that the purpose of PC No. 17 was to initiate and diligently pursue to completion pro- ceedings seeking the waiver of secondary treatment requirements which, if obtained, could be accepted, rejected or accepted in part subject to conditions by SERRA and implemented at that time in accordance with the provisions of the Joint Powers Agreement establishing SERRA and various applicable Project Committee agree- ments. Section 3. CSC agrees that it will be responsible for pay- ment of twenty-five percent (25%) of PC No. 17's obligations through June 13, 1985, plus any costs of terminating CSC as a participating member of PC No. 17. At the date this Amendment No. 1 is approved, the total of PC No. 17's obligations through June 13, 1985, is estimated to be the sume of $121,719.46 and the CSC has paid $30,000.00. Within thirty (30) days after the approval of this Amendment No. 1, PC No. 17 will provide a final accounting to CSC and a final payment or refund, as appropriate, shall be made. -2- M IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the day and year first hereinabove written. .. . •,. I.,l. IONAL RECLAMATION AUTHORITY ie / —�W is i MOULTON-NIGUEL WATER DISTRICT By i CITY OF SAN CLEMENTE ;1 erk 1 Ma::6;a ibvt Shaw, City Attorney -3- AGREEMENT FOR APPLICATION FOR WAIVER OF OCEAN DISCHARGE REQUIREMENTS FOR THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY FOR AND o_ ON BEHALF OF PROJECT COMMITTEE NO. 17 THIS AGREEMENT is made and entered into this 13A- day of ©A06aw— , 1983, by and between the SOUTH EAST REGIONAL RECLAMATION AUTHORITY, a joint powers agency created by that Joint Powers Agreement entitled, "Joint Exercise of Powers Agreement Creating South East Regional Reclamation Authority of Orange County, California (SERRA)", dated March 9, 1970, (hereinafter in some instances referred to as "SERRA"), and the following parties: (a) Moulton -Niguel Water District (MNWD); (b) Santa Margarita Water District (SMWD); (c) City of San Clemente (CSC); and (d) City of San Juan Capistrano (SJC) The foregoing parties to this Agreement are the Participating Member Agencies of SERRA for Project Committee No. 17 (hereinafter in some instances referred to as the "Participating Member Agencies"). W I T N E S S E T H: WHEREAS, SERRA has heretofore constructed and placed into operation an Ocean Outfall for disposing in ocean waters treated wastewater from its Member Agencies; and WHEREAS, SERRA heretofore obtained an NPDES Permit governing the discharge of treated wastewater into the ocean -1- waters through SERRA's Ocean Outfall, which NPDES Permit is required to be renewed from time to time; and WHEREAS, the presently existing NPDES Permit sets forth certain quality requirements regarding the effluent discharged through SERRA's Ocean Outfall which requirements are based upon a secondary level of treatment of wastewater by SERRA, which requirements were based upon applicable regulatory and statutory provisions existent at the time the presently existing NPDES Permit was issued by the California Regional Water Quality Control Board - San Diego Region; and WHEREAS, the Participating Member Agencies have established Project Committee No. 17 for the purpose of applying for a waiver of the applicable requirements neces- sitating a secondary level of treatment of wastewater by SERRA, which application is to be made, considered and acted upon pursuant to regulations and statutory authority applicable to the United States Environmental Protection Agency (EPA), in considering and acting upon such requests; follows: NOW, THEREFORE, the parties hereto do agree as Section 1. SERRA agrees, pursuant to the terms and conditions of this Agreement, to apply for and diligently pursue to completion proceedings seeking a waiver from the present applicable requirements relative to the quality of -2- wastewater which may be discharged through SERRA's Ocean Outfall ("Application for Waiver"). The scope of this Agreement includes, but is not limited to, the gathering and preparation of data necessary to support the Application for Waiver. Section 2. SERRA previously conditionally has established a Project Budget for the Application for the Waiver, a copy of which Budget is attached hereto as Exhibit "A" and is by this reference incorporated herein. Within thirty (30) days from the date of this Agreement, the Par- ticipating Member Agencies shall deposit with SERRA sufficient monies to fund such Project Budget which deposit shall be made in amounts calculated pursuant to Section 3 of this Agreement. Section 3. Each Participating Member Agency shall bear its initial cost of the Application for Waiver in equal amounts; provided, however, that any increase in the Project Budget for the Application for Waiver shall be subject to the approval requirements of the Joint Powers Agreement creating SERRA. Section 4. In the event additional Participating Member Agencies are added to the Project Committee No. 17, the cost of the Application for Waiver shall be prorated equally among the additional Participating Member Agencies. Any additional Participating Member Agencies shall be required -3- to deposit with SERRA an amount sufficient to cover its share of costs of the Application for Waiver incurred by the original Participating Member Agencies together with interest from the date of this Agreement, which interest shall be calculated at the average rate of interest earned by SERRA on its inactive funds, less any proportional share of interest earned on such deposit if such additional funds had been deposited at the outset. The additional amounts, if any deposited, shall be refunded to the original Participating Member Agencies in equal shares. Thereafter, the share of additional costs shall be prorated among the then Participating Member Agencies in equal amounts. Section 5. In the event the Application for Waiver is granted, no member of SERRA other than the Partici- pating Member Agencies of Project Committee No. 17 shall discharge effluent of a quality less than that defined by Title 40, Code of Federal Regulations, Section 133 and fol- lowing as such exists as of the date of this Agreement, unless more stringent requirements are imposed by any regulatory agency or any then existing NPDES Permit or be entitled to share in any reduction of operating costs by reason of the granting of such Waiver without becoming a Member Agency of Project Committee No. 17. Any and all charges for treatment of sewage and wastewater by the facilities of SERRA to be discharged pursuant to obtaining of such Waiver shall conform -4- as far as allocation of such costs to all applicable Project Agreements as amended from time to time. The extent of any reduced operating costs resulting be determined by SERRA at the time any such waiver is obtained and as such is revised from time to time thereafter. In the event such Waiver is obtained implementation thereof by SERRA shall not cause any Member Agency or other discharger to the waters of the United States to incur any costs or requirements over and above that which is incurred by any such discharger prior to the granting of any such Waiver. Section 6. This Agreement shall be made binding upon the successors and assigns of each party to this Agree- ment, and upon any succession or assignment. Each successor or assignee shall accept and assume in writing each and every obligation applicable under this Agreement as a condition of thereafter exercising its right to use its respective capacity in the outfall. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. SOUTH EAST REGIONAL RECLAMATION AUTHORIT By By -5- MOULTON-NIGUEL WATER DISTRICT m- 0 0 SANTA GARITA WATERDISTRICT By 9V_ By q v� CITY OF SAN CLEMENTE A �u- sup By CITY By By Im SOUTH EAST REGIONAL RECLAMATION AUTHORITY PROJECT COMMITTEE NO. 17 OCEAN WAIVER APPLICATION - PHASE II F.Y. 1983-84 EXHIBIT "A" PHASE I PROPOSED TASK FORECASTED PHASE II PHASES I & II ORDER DESCRIPTION EXPENDITURE BUDGET BUDGET 23 Engineering $ 55,000 $ 200,000 $ 255,000 27 Legal Services 3,000 3,000 6,000 24 Accounting 1,400 2,400 3,800 26 Secretarial 200 1,000 1,200 30 Public Information 500 4,500 5,000 28 Administration 1,000 5,000 6,000 2 Contingency 2,000 20,000 22,000 98 SCCWRP 8,700 8,700 TOTAL DISBURSEMENTS $ 63,100 $ 244,600 $ 307,700 PHASE I - APPLICATION PREPARATION PHASE I PHASE I PERCENT FORECASTED OVER PARTICIPATION PARTICIPATION DEPOSIT EXPENDITURE DEPOSIT City of San Clemente 258 $ 25,000 $ 15,775 $ 9,225 City of San Juan Capistrano 258 25,000 15,775 9,225 Moulton Niguel Water District 258 25,000 15,775 9,225 Santa Margarita Water District 258 25,000 15,775 9,225 TOTAL $100,000 $ 63,100 $36,900 $ 1008 EXHIBIT "A" 40b-441 2. PROJECT COMMITTEE NO. 17 (SERRA) �'�/406.441) L,.,A ,:p - �- 1 i, I i AMENDMENT NO. 1, DELETION OF SAN CLEMENTE FROM OCEAN OUTFALL PROJECT Written Communications: Report dated November 5, 1985, from the Director of Public works, advising that prior to the unanimous consent by participating SERRA Member Agencies to discontinue pursuit of the Ocean Discharge Waiver application, the City of San Clemente terminated their participation and requested withdrawal from the Project Committee, with responsibility for financial obligations to reflect expenses through June 13, 1985. Approval of Amendment No. 1: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried to approve Amendment No. 1 to the Project Committee No. 17 agreement to delete the City of San Clemente as a participating member in Project Committee No. 17. The Mayor and City Clerk were authorized to execute Amendment No. 1 on behalf of the City. AMENDMENT NO. 2 TERMINATION OF PROJECT COMMITTEE NO. 17 Written Communications: Report dated November 5, 1985, from the Director of Public Works, advising that the -Board of Directors of SERRA had voted to terminate Project Committee No. 17, the Ocean Waiver Discharge Application. The SERRA staff was directed to forward to the State the request to withdraw the application; to close out the project by finalizing the budget; and, to prepare the necessary legal documents to terminate the Project Committee. The report advised that each member agency had deposited $30,000 for the project and each agency had earned $2,064.85 in interest. The City's proportionate share of expenses was $35,286.57; therefore, the final amount owed by the City was $3,221.71. An adjustment to Account No. 07-4480-284 was necessary to accommodate the increase in the original budget. Approval of Amendment No. 2/Budget Adiustment: It was moved by Councilman Hausdorfer, seconded by Councilman Bland, and unanimously carried to approve Amendment No. 2 to the Project Committee No. 17 agreement to terminate the project and to authorize the adjustment of $3,221.71 to account No. 07-4480-284 to finalize budget expenditures. The Mayor and City Clerk were authorized to execute Amendment No. 2 on behalf of the City. 1115125 AGENDA ITEM November 5, 1985 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Amendment No. 2 to Terminate Project Committee No. 17 (SERRA) SITUATION At their meeting of the SERRA, the Board of Directors voted to terminate Project Committee No. 17, the Ocean Waiver Discharge Application. The participating members of the Project Committee at that time were the City of San Juan Capistrano, the MNWD and the SMWD. Included in this action of termination was direction to SERRA staff to: request the withdrawal of the application to the State, to close out the project by finalizing the budget, and to prepare the necessary legal documents to terminate the committee. The attached amendment to the original Project Committee No. 17 agreement once adopted will conclude the project and memorialize the action to terminate the pursuit of the ocean waiver application. COMMISSION/BOARD REVIEW, RECOMMENDATION The SERRA Board of Directors have reviewed and approved this amendment. FINANCIAL CONSIDERATIONS The costs associated with this project have been borne equally by the participating member agencies. The deposits received for this project were $30,000.00 per agency or $120,000.00. Expenses incurred were $136,324.05, of which the City's propor- tionate share is $35,286.57. Interest earned by each agency was $2,064.85, offsetting the final monies owed by San Juan Capistrano to be $3,221.71. Because this is an increase in the original budget, an adjustment to this account #07-4480-284 within the Sewer Enterprise Fund is necessitated. ALTERNATE ACTIONS 1. Approve Amendment No. 2 to the Project Committee No. 17 agreement and authorize the adjustment of $3,221.71 to account #07-4480-284 to finalize budget expenditures. 2. Do not approve the amendment to the Project Committee No. 17 agreement. 9 0 SERRA November 5, 1985 Page 2 3. Refer to staff for additional information. RECOMMENDATION By motion, approve Amendment No. 2 to the Project Committee No. 17 agreement and authorize the adjustment of $3,221.71 to account #07-4480-284 to finalize budget expenditures. Respectfully submitted, �JN.` WDM.CSF/nb W. D. Murphy Attachment AGENDA ITEM November 5, 1985 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Amendment No. 1 to Delete San Clemente from Ocean Outfall Project SITUATION Following unanimous consent by the participating member agencies to discontinue the pursuit of the ocean discharge waiver appli- cation, SERRA staff was directed to take those steps necessary to close out the project committee and finalize the budget expenditures. Prior to this action by the City of San Juan Capistrano, Moulton Niguel Water District and the Santa Margarita Water District, however, the City of San Clemente terminated their participation and requested withdrawal from the project committee, with responsibility for financial obligations to reflect expenses up to this time and including any costs for their termination. The attached amendment requires City approval to agree to terminate San Clemente from the Project Committee No. 17 agreement. COMMISSION/BOARD REVIEW, RECOMMENDATION This amendment has been reviewed and approved subject to indi- vidual agency approval by the SERRA Board of Directors. FINANCIAL CONSIDERATIONS The costs associated with this project committee were borne equally by the participants. With San Clemente withdrawing earlier than the other agencies, their share was reduced to reflect this action. ALTERNATE ACTIONS 1. Approve Amendment No. 1 to the Project Committee No. 17 agreement. 2. Do not approve the amendment to the Project Committee No. 17 agreement. 3. Refer to staff for additional information. S2. � VOR CITY 0 SERRA November 5, 1985 Page 2 RECOMMENDATION 0 By motion, approve Amendment No. 1 to the Project Committee No. 17 agreement. Respectfully submitted, W. D. Murphy WDM:CSF/nb Attachment APPROVAL OF AGREEMENT, PROJECT COMMITTEE NO 17 - (79) Written Communications: Report dated October 6, 1983, from the Director of Public Works, advising that application has been made by Project Committee 17 for a waiver of existing ocean discharge standards to allow for a reduced level of sewage treatment prior to discharge. The report forwards an agreement setting forth the terms and proceedings of the Committee. The City's participatory share is approximately $28,000 and is included in the Sewer Enterprise Fund. The Director of Public Works advised that granting of the waiver would result in less energy consumption and a savings of approximately $20,000 per month. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the agreement for SERRA Project Committee No. 17 - Ocean Discharge Waiver; to authorize the Mayor and City Clerk to execute the agreement on behalf of the City; and, to authorize the expenditure of $28,000 from Account No. 07-44807284. AGENDA ITEM TO: Stephen B October 6, 1983 Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Consideration of Agreement, Project Committee #17 - Ocean Discharge Waiver (SERRA) SITUATION The City of San Juan Capistrano, in conjunction with three other SERRA member agencies; San Clemente, Moulton Niguel Water District, and Santa Margarita Water District have applied to the Environmental Protection Agency (EPA) for a waiver of existing ocean discharge standards. This would in effect modify current requirements and allow for a reduced level of sewage treatment prior to discharge. At this time the application has been accepted and is under review. Should it be determined as eligible and the waiver granted, a substantial savings in operating costs could be realized. The attached agreement has been prepared to memorialize the terms and procedings of this project committee. A budget has already been adopted and is in operation. Approval of this agreement and budget exhibit is now necessary. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS The total approved budget for this project is $300,000. Participation percentages are based upon projected populations in 1992 as that will be the effective time period. The City's share is to be approximately $28,000. This amount has been included in the City's Sewer Enterprise Fund for this year. ALTERNATE ACTIONS 1. Approve the agreement. 2. Do not approve the agreement. 3. Refer to staff for additional information. RECOMMENDATION By motion, approve the agreement for SERRA Project Committee #17 - Ocean Discharge Waiver, and authorize the expenditure of $28,000 from Account #07-4480-284. Respectfully submitted, L, � Nr W. D. Murp y WDM:CSF/rem FO GCY i