1990-0517_MOIULTON NIGUEL WATER DISTRICT_Agreement0 0 City Copy
AGREEMENT BETWEEN MOULTON NIGUEL WATER
DISTRICT AND CITY OF SAN JUAN CAPISTRANO
FOR ASSIGNMENT OF TREATMENT CAPACITY IN
THE SOUTH EAST REGIONAL RECLAMATION
AUTHORITY TREATMENT PLANT
THIS AGREEMENT is made and entered into this I L day of
, 1990, by and between the MOULTON NIGUEL WATER
DISTRICT, a California water district organized and existing
under Division 13, Section 34000 et seq. of the Water Code of the
State of California ("MNWD") and the CITY OF SAN JUAN CAPISTRANO,
a municipal corporation of the State of California ("CITY").
R E C I T A L
A. MNWD and CITY are members of the South East Regional
Reclamation Authority ("SERRA") pursuant to the Joint Exercise of
Powers Agreement dated March 9, 1970 (the "Joint Powers
Agreement"). MNWD and CITY are both members of SERRA Project
Committee No. 2 which was established for the acquisition, use,
operation, maintenance and expansion of the SERRA Jay B. Latham
Regional Treatment Plant (the "SERRA Plant"). The members of
SERRA Project Committee No. 2 have entered into various
agreements and executed various documents concerning the SERRA
Plant and the wastewater and solids capacity rights therein, and
such agreements and documents shall be hereinafter referred to as
the "Project Committee No. 2 Agreements". Pursuant to the
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Project Committee No. 2 Agreements, members have capacity rights
for the receipt, treatment and disposal of wastewater and solids
in the SERRA Plant through use of capacity owned by SERRA.
B. MNWD has a capacity right in the SERRA Plant for the
receipt, treatment and disposal of 5.0 million gallons per day
("mgd") of wastewater and solids. Consolidated Improvement
District No. 3 of MNWD ("I.D. No. 311) has the rights to 3.98 mgd
of MNWD's total capacity right in the SERRA Plant. MNWD's
remaining 1.02 mgd capacity right in the SERRA Plant is for the
use of Improvement District Nos. 1, 7 and 8 of MNWD.
C. CITY has a capacity right in the SERRA Plant for the
receipt, treatment and disposal of 2.5 mgd of wastewater and
solids and desires to acquire an additional capacity right of 2.0
mgd in the SERRA Plant from MNWD.
D. MNWD is currently completing construction of the 3A
Treatment Plant (the 113A Plant"), which will have a total
capacity of 8 mgd. Of the total 8 mgd of capacity in the 3A
Plant, MNWD shall own 6.5 mgd of capacity pursuant to a previous
conveyance of 1.5 mgd of capacity in the 3A Plant to Santa
Margarita Water District. The 2.0 mgd of MNWD's capacity right
in the SERRA Plant proposed to be assigned to CITY hereunder
shall be replaced by the 3A Plant capacity.
E. MNWD, as part of SERRA, has planned for meeting its
needs for sewage treatment and disposal through the SERRA Plant
as well as other facilities owned by MNWD and jointly with other
agencies. MNWD has also formulated a reclaimed water plan for
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the conservation of potable water within the MNWD boundaries,
which will utilize facilities at the new 3A Plant. MNWD has
determined that the 2.0 mgd capacity right in the SERRA Plant
assigned to CITY hereunder will be adequately replaced through
the treatment and reclaimed water facilities at the 3A Plant, and
that existing and planned development within MNWD will be
adequately served through the use of capacity at the 3A Plant in
lieu of using the 2.0 mgd capacity right in the SERRA Plant
assigned to CITY pursuant to this Agreement.
F. CITY is willing to acquire the right to 2.0 mgd of
wastewater and solids treatment capacity in the SERRA Plant from
MNWD at a cost equal to MNWD's cost of replacing such capacity
through construction of replacement capacity for MNWD's use at
the 3A Plant.
G. The Joint Powers Agreement provides in part that
capacity rights in the SERRA Plant may not be assigned by MNWD to
CITY without the written consent of the participating members of
Project Committee No. 2.
H. For purposes of compliance with the California
Environmental Quality Act ("CEQA"), the parties agree that MNWD
shall be the lead agency with respect to the assignment of
capacity to CITY provided in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants,
terms and conditions contained herein, the parties to this
Agreement hereby agree as follows:
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Section 1. Assignment of Treatment Capacity. MNWD hereby
agrees to irrevocably assign to CITY a capacity right of 2.0 mgd
for wastewater and solids treatment in the SERRA Treatment Plant
on behalf of I.D. No. 3 and CITY agrees to accept said assignment
of such capacity. The assignment of capacity described herein is
contingent upon the occurrence of the conditions set forth in
Section 4 of this Agreement, and shall be effective only upon the
occurrence of such conditions.
Section 2. Capacity Right Cost. CITY agrees to pay an
amount equal to MNWD's cost of constructing 2.0 mgd of wastewater
and solids capacity at the 3A Plant, inclusive of the costs of
all related facilities, for the 2.0 mgd of capacity in the SERRA
Plant assigned to CITY herein. The total cost of CITY's
acquisition of MNWD's capacity right of 2.0 mgd in the SERRA
Plant is Eight Million One Hundred Thirty Thousand Five Hundred
Ninety Two Dollars ($8,130,592) (the "Acquisition Price"), as
further described and set forth in the letter from MNWD to CITY
dated May 2, 1990, attached hereto as Exhibit "A" and
incorporated herein by this reference.
Section 3. Pent of Acquisition Price. Within sixty (60)
days of receipt of the written notice from MNWD pursuant to
Section 4 of this Agreement, CITY agrees to pay MNWD the
Acquisition Price in the amount of $8,130,592 by cashier's check
or money order.
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Section 4. Conditions on Assignment. CITY and MNWD agree
that the assignment of the treatment capacity right for 2.0 mgd
of wastewater and solids to CITY is contingent upon the following
two (2) conditions:
(a) Completion of CEQA proceedings for the assignment
of capacity by MNWD and the expiration of the statute of
limitations for such proceedings; and
(b) Written approval by all members of SERRA Project
Committee No. 2.
Upon the satisfaction of the two (2) conditions set forth
above, MNWD shall notify CITY in writing. The assignment of the
2.0 mgd capacity right to CITY hereunder shall be effective on
the date MNWD receives a cashier's check or money order for the
Acquisition Price in the amount of $8,130,592 from CITY (the
"Effective Date"). CITY may not utilize the 2.0 mgd capacity
right assigned hereunder until the Effective Date.
Section 5. Capacity Assurance. The parties agree that CITY
is paying for and acquiring pursuant to the terms and conditions
provided herein an assured 2.0 mgd of wastewater and solids
treatment capacity in the SERRA Plant and MNWD agrees to provide
CITY with 2.0 mgd assured liquids and solids capacity in the
SERRA Plant in accordance with this Agreement.
Section 6. Capital and Operation and Maintenance Costs.
CITY, in conjunction with acceptance of the assignment of MNWD's
2.0 capacity right in the SERRA Plant and as of the Effective
Date, shall have the corresponding obligation pay all capital
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costs for repair and replacement and all operations and
maintenance expenses of the SERRA Plant for such capacity right
pursuant to the JPA, Project Agreements and any other documents
setting forth terms and conditions with respect to the capacity
right assigned hereunder, or to capacity rights for the receipt,
treatment and disposal of wastewater and solids in the SERRA
Plant in general, and pursuant to any future arrangements made by
SERRA and/or the members of Project Committee No. 2 or other
applicable Project Committees with respect to capacity rights in
the SERRA Plant.
Section 7. Assumption of Obligations. MNWD will assume
fiscal responsibility for its proportionate share, as such share
is set forth in previous agreements among the Project Committee
No. 2 members, for Project Committee No. 2 engineering and
construction projects related to the 2.0 mgd capacity right
assigned hereunder and expenditures for such projects previously
authorized by MNWD during the period up to the Effective Date.
Upon the Effective Date, CITY shall assume all future fiscal
responsibility and all future project expenditures not previously
authorized by MNWD and all other obligations and liabilities with
respect to the 2.0 mgd capacity right assigned to CITY by MNWD
hereunder, and as MNWD's assignee and successor -in -interest,
shall assume all rights, duties and obligations associated with
such capacity right as set forth in the JPA, the Project
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Committee No. 2 Agreements, and any other documents related to
such agreements or the terms provided therein, on the Effective
Date.
Section B. Term of Assignment. The capacity right assigned
to CITY by MNWD as set forth in this Agreement shall be in
perpetuity unless otherwise terminated by mutual written
agreement between the parties, or unless otherwise required under
the terms of any written contract or agreement to which SERRA or
the Project Committee No. 2 members are a party; provided, MNWD
and CITY agree that neither party shall initiate termination of
this Agreement based on such contracts or agreements, and further
agree that the parties' intent pursuant to termination based on
such contracts or agreements is to include only termination
initiated by a third party not a party hereto.
Section 9. Indemnification. CITY shall indemnify and hold
harmless MNWD and MNWD's directors, officers, representatives,
consultants, agents and employees from and against all
assessments, penalties, claims, damages, losses, expenses and
other costs, including costs of attorney's fees, arising out of
or resulting from or in connection with CITY's acquisition of the
2.0 mgd capacity right in the SERRA Plant assigned to CITY by
MNWD pursuant to this Agreement or CITY's use of such capacity in
the SERRA Plant, including but not limited to any claims,
assessments and penalties made by the state of California or the
United States government, including any state or federal agency
or department.
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Section 10
Covenant by City. CITY covenants that it shall
not file any demands, claims, causes of action of any type or
nature, or institute any administrative or judicial proceedings
of any type or nature, challenging or in any way questioning
CITY's acceptance of the assignment of the 2.0 mgd capacity right
from MNWD hereunder, the determination of the Acquisition Price
hereunder, CITY's obligation to pay the Acquisition Price or the
actual payment thereof by CITY, or CITY's indemnification
obligation set forth in Section 9 of this Agreement, and CITY
expressly waives any and all such demands, claims, causes of
action or challenges it might have.
Section 11. Covenant by MNWD. MNWD covenants that it shall
not file any demands, claims or causes of action of any type or
nature, or institute any administrative or judicial proceedings
of any type or nature, challenging or in any way questioning
MNWD's obligation under Section 5 of this Agreement to provide
CITY with an assured 2 mgd of wastewater and solids treatment
capacity in the SERRA Plant and MNWD expressly waives any and all
such demands, claim, causes of actions or challenges it might
have.
Section 12.
General.
(a) Notices. All notices required or permitted under
this Agreement shall be mailed, delivered or transmitted by one
Party to the other Party at the address specified herein, and
each such notice shall be deemed effective and given (i) upon
receipt if personally delivered, (ii) upon being transmitted if
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sent by telegram, FAX or telecopy, (iii) three (3) business days
after deposit in the United States Mail, if sent by certified or
registered mail with postage prepaid, return receipt requested or
(iv) upon receipt if sent in any other way. Either Party hereto
may from time to time, by written notice to the other, designate
a different notice address which shall be substituted for the one
specified herein:
MOULTON NIGUEL WATER DISTRICT
27500 La Paz Road
Laguna Niguel, CA 92656-3489
Attn: General Manager
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works
(b) Attorneys Fees. In the event that an action is
commenced by either party to this Agreement to enforce or
construe its rights or obligations arising hereunder, the
prevailing party in such action, in addition to any other relief
or recovery ordered by the Court, shall be entitled to recover
all statutory costs, plus a reasonable amount for attorney's
fees.
(c) Successors and Assigns. This Agreement shall be
binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
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(d) Entire Agreement. This Agreement constitutes the
entire agreement between the parties and supercedes all prior
agreements and understandings, both written and oral, between
MNWD and CITY with respect to the subject matter of this
Agreement.
(e) Amendments. This Agreement may be amended or
modified only in writing signed by both parties. Any amendment
is subject to the approval of the members of the SERRA Project
Committee No. 2.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date set forth hereinabove.
MOULTON NIGUEL WATER DISTRICT
APPROVED AS TO FORM:
Bowie, Arneson, Kadi & Dixon - Legal
Counsel, Moulton Niguel Water District
By V/ 4 (2
Patricia B. Giannone
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ATTEST:
LA
CITY OF SAN JUAN CAPISTRANO
By,
Anthony L. and, Mayor pro tem
CITY OF SAN JUAN CAPISTRANO
BY &,�l �
City C rk
APPROVED AS TO FORM:
City Attorney for City of San Juan
Capistranq�
By r�yJv�n
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May 2, 1990
Moulton Niguel Water
Mr. Bill Murphy
Director of Public Works
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Purchase of Treatment Capacity at SERRA
Dear Mr. Murphy:
Reference is made to our letter of January 30, 1990 addressed to
Mr. Stephen B. Julian in which the District offered to transfer 2.0
mgd of treatment capacity at the J.B. Latham Plant (SERRA) to the
City of San Juan Capistrano (CSJC) for consideration as outlined
therein. After further review and subsequent discussions with the
City, the District is willing to modify its original offer.
As requested, the District has studied the possibility of removing
the conditions relating to the transfer which were enumerated in
the January 30, 1990 letter. Based upon this study the District is
willing to offer the City an unencumbered 'Acquisition Price'. The
price is $4,065,296 per mgd or $8,130,592 for the 2.0 mgd requested
by the City. "Attachment All to this letter outlines the cost and
items contained within the 'Acquisition Price'.
Should you have any questions relating to this matter, please feel
free to contact me at your convenience. As stated previously, the
District is proud to be a part of these types of solutions to
regional concerns wherein all the citizens of the area benefit.
Sincerely,
MOULTON NIGUEL WATER DISTRICT
Inv
V.ley
al Manager
JVF/JNW:cros
cc: Mr. Bill Knitz
Mr. Bill Becker
EXHIBIT "A"
a public agency
27500 La Paz Road, Laguna Niguel
California 92656-3489
714/831-2500
FAX 7141831.5651
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ATTACHMENT "A"
MAY 2, 1990 LETTER TO THE
CITY OF SAN JUAN CAPISTRANO
COST SUMMARY
MNWD PLANT 3A
Construction
Cost per million gallons of treatment
capacity. For reference, this item relates
to Item No. 1, Construction, contained
and explained in our January 30, 1990 letter,
Attachment "A".
2. Engineering
The District contracted for engineering
services for Plant 3A from the engineering
group of CWC -HDR, Inc./HYA Consulting
Engineers/NBS/Lowry.
The engineering effort was divided into
three (3) Phases. Phase I was the
feasibility study of the Plant site to
determine the desired treatment process
and layout. Phase II called for the
preparation of Plans & Specifications,
while Phase III provided construction
management and inspection services.
In addition to the main engineering effort,
the District has entered into a number of
smaller engineering -service contracts
relating to Plant 3A. These efforts are
outlined on the last two (2) pages of this
attachment.
$2,834,120
$ 469,176
The engineering cost for each
Phase and the
miscellaneous
engineering -service efforts,
less the AWT
effort, is shown
below:
Cost
AWT
Plant 3A
Phase I
$ 192,400
$ 42,300
$ 150,100
Phase II
983,200
186,200
797,000
Phase III
1,650,000
108,000
1,542,000
Misc. Eng.,
etc.
1.264.309
Total Plant 3A
$3,753,409
Cost per mgd:
1/8 = 12.5%
3,753,409 x .125 = $469,176
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Attachment "A"
Page Two
3 Cost of Real Estate
Cost of real estate is not included in
discretion.
$
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the summary at the District's
4.
Legal
Cost of legal services in preparation
$
5,000
of Agreement.
5.
Costs of Solids Eguioment
Estimated cost to outfill 3A with all
$
419,500
necessary solids handling equipment
is set at $3,356,000. Cost per
mgd = $419,500
6.
Costs of 3A outfall (Lakefill Line)
SJBA authorized NBS/Lowry to proceed
$
337,500
with repair of Lakefill Pipeline.
Estimate cost for this work is set at
$2,700,000. Cost per mgd = $337,500
7.
Total Cost Per mgd
$4,065,296
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Attachment "A"
Page Three
MISCELLANEOUS ENGINEERING, CONSTRUCTION, MATERIAL COSTS
1. Contract 3A-18 Pre -Construction_ Assistance
Butier Engineering was contracted with to
provide constructibility review during
design phase.
2. Contract No. 3A-24, Plant 3A Demolition
Greenleaf Construction demo "old" Plant 3A.
3. Contract No. 3A-27, SJBA Pipeline Study
Mr. William Mills was contracted with to
perform an analysis of the SJBA system to
act as an outfall for Plant 3A.
4. Contract No. 3A-28, Plant 3A Cost Allocation Study
HYA was contracted with to perform a unit
by unit cost study of Plant 3A to assist in
determining a fair selling price.
5. Contract No. 3A-29, SJBA Lakefill Line Study
HYA was contracted with to do a hydraulic
analysis and to determine probable repairs
to the Lakefill Line.
6. Contract No. 3A-29-1, SJBA Lakefill Line
Connection to Chiauita Outfall
Colich & Sons was contracted with to connect
the two (2) lines and NBS/Lowry provided
construction inspection services.
7. Contract No. 3A-30, Plant 3A CPM Services
Butier Engineering was contracted with to
provide CPM scheduling for Plant 3A
construction.
$ 31,132
152,250
23,162
25,000
70,000
276,785
102,700
Attachment "A"
Page Four
MR
HYA billed the District directly for the 28,280
printing of drawings and specifications
used for bidding. Bid drawings were
subsequently updated to include addenda
material.
9. Contract No. 3A-32. AOMD Permits
HYA supported by Montgomery Engineers 60,000
was contracted with to assist in obtaining
necessary AQMD construction permits.
10. Contract No. 3A-27, Fire Protection Pipeline
HYA assisted by MACCO Constructors provided 95,000
the necessary fire protection system for
Plant 3A.
11. Capital Purchases
Expenses necessary to purchase capital 400,000
equipment required to start-up the treatment
facility which were not included in
construction contract.
DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT - RECYCLING ISSUES/SOLID WASTE MANAGEMENT
810.60
2.
Written Communications:
Report dated June 5, 1990, from the Director of Public Works, setting forth the
City's efforts to comply with Assembly Bill 939. The report notes that Phase I will
begin when the City initiates a 3 -bin approach to recycling. The program will
incorporate approximately 1,000 curbside participants in San Juan Capistrano, Dana
Point and San Clemente and 2,000 residents in the County. Solag will provide bins
and trucks for collection; each resident will receive 3 bins and instructions to place
recyclables in the appropriate container. Collection of recyclables will occur on
regular trash pick-up day by a special truck designed to accommodate recycling
material. The material will then be transported to a buy-back center in Lake
Forest.
The Director of Public Works made an oral report. In response to Councilman
Friess, Mr. Murphy advised that further study would be given to phasing of the cost.
With the concurrence of Council, Mayor pro tem Bland ordered the report received
and filed.
Written Communications:
Report dated June 5, 1990, from the Director of Public Works, forwarding an
agreement with the County for construction of the Stonehill Drive Extension. Total
project cost was estimated at $11,534,000, with the City's obligation estimated at
$2.3 million.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman Buchheim and
unanimously carried to approve the Cooperation Agreement No. D89-343, for the
extension of Stonehill Drive from Seaside Drive to Camino Capistrano, including
bridges across San Juan Creek Channel and the AT&SF railway. The Mayor and City
Clerk were authorized to execute the agreements on behalf of the City.
Written Communications:
Report dated June 5, 1990, from the Director of Public Works forwarding an
agreement with the Moulton Niguel Water District for the acquisition of two million
gallons of sanitary capacity now available at the SERRA Treatment Plant due to
Moulton Niguel's construction of a planted in the vicinity of I-5 and Oso Parkway.
The agreement requires the City to pay its equivalent share of construction costs of
Moulton Niguel Water District's 3A Plant estimated at $8,130,592.
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Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze and
unanimously carried to approve the Agreement between Moulton Niguel Water
District and the City for Assignment of Treatment Capacity in the South East
Regional Reclamation Authority Treatment Plant. The Mayor and City Clerk were
authorized to execute the agreements on behalf of the City.
ORDINANCES
Written Communications:
Report dated June 5, 1990, from the City Clerk, advising that the Ordinance was
introduced at the meeting of May 15, 1990, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
Schwartze, seconded by Councilman Buchheim that the following Ordinance be
adopted:
NT
i cmrvmr%m i uaca An4y a i mu%- i umca - nN vRUnNH1Nl.0 yr
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 9-2.312, 9-3.608, AND 9-3.623 OF THE
MUNICIPAL CODE WITH REGARD TO PROVISIONS
REGULATING TEMPORARY USES AND STRUCTURES
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor pro tem Bland
NOES: None
ABSENT: Mayor Hausdorfer
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
Capistrano Valley Wastewater Authority (1040.60):
Councilman Buchheim noted that the Authority had met this date and will be
requested retention of the Capistrano Valley Wastewater.
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6/5/90
June 8, 1990
Mr. John V. Foley
General Manager
Moulton Niguel Water District
27500 La Paz Road
Laguna Niguel, California 92656-3489
Attention John Wiper
Re: Agreement for Purchase of Treatment Capacity at SERRA
Dear Mr. Foley:
At their regular meeting held June 5, 1990, the City Council of the City of San
Juan Capistrano approved the agreement with the Moulton Niguel Water District
for acquisition of two million gallons of sanitary capacity at the SERRA
Treatment Plant in Dana Point. Three fully -executed copies of the agreement are
enclosed for your use. We have retained one fully -executed copy for our files.
Thank you for your cooperation in this matter.
Very truly yours,
Cheryl Johnson
Deputy City Clerk
Enclosures
cc: Director of Public Works
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493.1171
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JMa►
MEMBERS THE
f
OF CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
VAINNAm4
GARY L. HAUSDORFER
IfIAlllfxl0 I86I
1776
PHILLIP R. SCHWARTZE
0 •
CITY MANAGER
STEPHEN B JULIAN
June 8, 1990
Mr. John V. Foley
General Manager
Moulton Niguel Water District
27500 La Paz Road
Laguna Niguel, California 92656-3489
Attention John Wiper
Re: Agreement for Purchase of Treatment Capacity at SERRA
Dear Mr. Foley:
At their regular meeting held June 5, 1990, the City Council of the City of San
Juan Capistrano approved the agreement with the Moulton Niguel Water District
for acquisition of two million gallons of sanitary capacity at the SERRA
Treatment Plant in Dana Point. Three fully -executed copies of the agreement are
enclosed for your use. We have retained one fully -executed copy for our files.
Thank you for your cooperation in this matter.
Very truly yours,
Cheryl Johnson
Deputy City Clerk
Enclosures
cc: Director of Public Works
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493.1171
AGENDA ITEM June 5, 1990
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement with Moulton Niguel Water District for Acquisition of
Sanitary Capacity
SITUATION
Over the past ten months, the City staff has been negotiating with members of the
Moulton Niguel Water District (MNWD) for the acquisition of two million gallons of
sanitary capacity. This capacity has become available at the J.B. Latham (SERRA)
Treatment Plant in the Dana Point area as a result of Moulton Niguel's construction of a
plant located in the vicinity of I-5 and Oso Parkway. Under the provisions of the
agreement, the City would procure capacity from Moulton Niguel at the Serra facility
for the construction costs of the new facility adjacent to I-5.
By this acquisition, the City will achieve capacity for the General Plan build -out. The
SERRA Board has reviewed this proposal and has no opposition to the capacity transfer.
NOTIFICATION
John Wiper, Moulton Niguel Water District
William Becker, SERRA
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The agreement requires San Juan Capistrano to pay its equivalent share of the
construction costs of MNWD's 3A Plant. The construction costs were finalized in May
1990 and San Juan Capistrano's share will be due 60 days following the written request of
MNWD. The cost for the two million gallon capacity right is $8,130,592. Payment for
this capacity is available in the Sewer Enterprise Fund which has been developed from
the collection fees assessed to new development.
ALTERNATE ACTIONS
1. Approve the agreement with Moulton Niguel Water District for the acquisition of
two million gallons of sanitary treatment capacity.
2. Modify and approve the agreement.
3. Request further information from Staff.
FOR CITY COUNCIL AGENDN /7/ C,
Agenda Item •
June 5, 1990
Page 2
RECOMMENDATION
By motion, approve the agreement with Moulton Niguel Water District for the acquisition
of two million gallons of sanitary treatment capacity.
Respectfully submitted,
W. D. Murphy
WDM:nb