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02-0806_DANA POINT , CITY OF_AgreementAGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE CITY OF DANA POINT FOR THE CITY OF DANA POINT'S INTERIM USE OF FACILITIES TO DIVERT DRY WEATHER FLOWS FROM ALIPAZ STORM DRAIN This "AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE CITY OF DANA POINT FOR THE CITY OF DANA POINT'S INTERIM USE OF FACILITIES TO DIVERT DRY WEATHER FLOWS FROM ALIPAZ STORM DRAIN" (the Agreement") is made and entered nt s 21st day of #Fx}, 2002 by and between the CITY OF SAN JUAN CAPISTRANO, hereafter referred to as " SJC," a municipal corporation of the State of California, and the CITY OF DANA POINT, hereafter referred to as "DP," also a municipal corporation of the State of California. CSJC and DP are sometimes referred to in this Agreement individually as "party" and jointly as "parties." RECITALS A. DP is a co-permitee of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System ("MS4") Storm Water permit No. CAS0108740 (Order No. R9-2002-0001) issued by the San Diego Regional Water Quality Control Board (SDRWQCB). B. The State Water Resources Control Board (SWRCB) under the Clean Beaches Initiative Grant Program will be funding a portion of the cost to implement a project to improve overall water quality in San Juan Creek and at Doheny Beach. C. DP owns and maintains a 96 -inch storm drain, the "Alipaz Storm Drain", which discharges to San Juan Creek. D. DP identified the Alipaz Storm Drain as a storm drain to be modified to divert dry weather flow discharges' into a nearby CSJC 24 -inch sewer (the "CSJC Sewer") thus eliminating certain discharges from the Alipaz Storm Drain to San Juan Creek. ' As defined in § LD of the "SOUTH ORANGE COUNTY WASTEWATER AUTHORITY POLICY FOR ACCEPTANCE OF INTERIM DRY WEATHER NUISANCE FLOW TO THE WASTEWATER COLLECTION, TREATMENT AND DISPOSAL SYSTEM PURSUANT TO PRETREATMENT PROGRAM AND WASTE DISCHARGE REQUIREMENTS" 7165.2 Ll E. DP has retained an engineering consultant to design diversion modifications for the Alipaz Storm Drain. The plans and specifications for these diversion modifications called the "Alipaz Diversion Structure," are now completed and ready for construction. The proposed location of the diversion facilities is depicted in Exhibit A to this Agreement (the "Alipaz Diversion Structure") F. CSJC owns and maintains the "CSJC Sewer", that conveys wastewater generated in the CSJC service area to the J.B. Latham Wastewater Treatment Plant (WWTP), owned and operated by South Orange County Wastewater Authority (SOCWA). G. CSJC, as a member of SOCWA Project Committee 2 (PC 2, J.B. Latham WWTP) and Project Committee 5 (PC 5, San Juan Creek Ocean Outfall), owns wastewater treatment capacity at the J.B. Latham WWTP and disposal capacity at the San Juan Creek Ocean Outfall facilities (collectively, the "SOCWA Facilities"). H. The parties recognize that the SOCWA Facilities and the CSJC Sewer have limited system capacity available for acceptance of diversions of dry weather flow discharges, that such diversions are to be on an interim basis and with no adverse affects on the facilities' primary function of collection, treatment and disposal of sanitary sewer discharges. SOCWA and CSJC have each adopted the "SOCWA POLICY FOR ACCEPTANCE OF INTERIM DRY WEATHER NUISANCE FLOW TO THE WASTEWATER COLLECTION, TREATMENT AND DISPOSAL SYSTEM PURSUANT TO PRETREATMENT PROGRAM AND WASTE DISCHARGE REQUIREMENTS" and related rules and regulations (collectively, the "Policy") that allow certain interim diversions of dry weather flows using those facilities, provided the diversions are strictly in accordance with the Policy. IN CONSIDERATION of the promises and mutual covenants contained herein, the parties Agree as follows: 1. Diversion of Dry Weather Flows from the Alipaz Storm Drain to the CSJC and SOCWA Facilities. To support the SWRCB and DP efforts to restore and maintain the quality of ocean water and beaches, CSJC agrees to allow DP to divert dry -weather flows from the Alipaz Storm Drain to the CSJC Sewer for conveyance to the SOCWA Facilities but only in accordance with the terms of this Agreement, the Policy and the related Nuisance Water — Special Wastewater 2 Discharge Permit Class IV User for the Discharge of Nuisance Water to the City of San Juan Capistrano and SOCWA ("SWD Permit") to be issued under the Policy for the Alipaz Diversion Structure.Z 2. Alipaz Diversion Structure. DP shall own and have title to the Alipaz Diversion Structure, and all responsibility and liability therefor as follows in this Agreement and under the Policy. CSJC consents to the construction, installation, maintenance and operation of the Diversion Structure, provided those actions and all matters related to the Alipaz Diversion Structure are (i) done in strict accordance with the terms of this Agreement, the Policy and the SWD Permit; and (ii) do not commence until issuance of the SAID Permit for the Alipaz Diversion Structure pursuant to the Policy. 3. Term. This Agreement authorizes DP to divert dry weather flows through the Alipaz Diversion Structure to the CSJC Sewer and SOCWA facilities during the period beginning June 1st through October 15th during the years 2002, and annually thereafter beginning April 15`" through October 15" 2003, 2004, 2005 and 2006, unless this Agreement is terminated earlier by agreement of CSJC and DP or by CSJC as a result of a material breach of the Agreement by DP. 4. DP Project Fees and Annual Costs. DP shall reimburse CSJC for (i) a one-time Sewer connection fee of $3,165; (ii) one-time cost of up to $15,000 for reasonable engineering, `SWD Permit' processing and legal expenses related to this Agreement; (iii) reasonable annual operation and maintenance costs associated with the conveyance, treatment and disposal of dry weather flows from the Alipaz Diversion Structure, including those costs CSJC incurs for pretreatment and the SWD Permit administration; and (iv) reasonable annual inspection, monitoring and sampling costs. The annual operation and maintenance and inspection costs shall be based on the annual volume of dry -weather flows diverted through the Alipaz Diversion Structure to the CSJC Sewer and SOCWA facilities, the CSJC share of the cost to operate the SOCWA Facilities attributable to the flows through the Alipaz Diversion Structure, and an allowance for monitoring and inspection. Based on SOCWA's PC 2 and PC 5 budgets for fiscal year 2001/2002, the cost of treatment and disposal is $0.00114 per gallon. For the Alipaz Diversion Structure, the cost of treatment by fiscal year (FY) shall be as follows: z Nothing in this Agreement shall be construed as an admission that the flows from the Alipaz Storm Drain are in any respect inconsistent with the requirements of Order No. R9-2002-0001, NPDES No. CAS0108740. 3 0 0 FY2002/2003 $0.00114/gal FY2003/2004 $0.00126/gal FY2004/2005 $0.00138/gal FY2005/2006 $0.00152/gal FY2006/2007 $0.00167/gal The sewer connection fee, the one-time costs associated with engineering, `SWD Permit' processing and legal expenses, and the first year operation and maintenance cost shall be paid by DP to CSJC before commencing discharge of Dry Weather Nuisance Plans into the CSJC sewer and WWTP. The first year O&M cost shall be calculated assuming that the Dry Weather Flows start on June 1, 2002, and terminate on October 15, 2002, (137 days) a daily discharge is 50,000 gallons per day, and the cost of $0.00114/gallon for a total of $7,809. From the second through the fifth year, the annual O&M cost shall be pro -rated based on the previous year's total discharge from the Alipaz Diversion Structure. CSJC shall invoice DP before the end of each calendar year for the annual O&M costs. DP shall pay CSJC within 45 days after receipt of invoice. In the event that any uncontested portions of the invoice are not paid within 45 days of the invoice date, then interest on unpaid amounts shall accrue at a rate of 8 percent per annum. In the event that any uncontested portions of the invoice are not paid within 90 days of the invoice date, then CSJC shall have the right to close the connection between the Alipaz Diversion Structure and the CSJC Sewer. DP will be responsible for any other financial obligations under the terms of the SWD Permit for the Alipaz Diversion Structure, including but not limited to, any regulatory fines or penalties assessed as a result of such diversion. 5. Compliance with Rules and Regulations. DP agrees to comply with and abide by the Policy, the SWD Permit, and any other rules and regulations of CSJC and SOCWA or other applicable public agencies. DP further agrees that it shall meet all requirements and conditions of any NPDES permit applicable to flows through the Alipaz Diversion Structure and all CSJC/SOCWA pre-treatment ordinances and permits to ensure that dry -weather flows through the Alipaz Diversion Structure will not preclude CSJC/SOCWA from meeting and complying with any waste discharge requirements or any condition of SOCWA's NPDES permit, from implementing a water recycling project at the WWTP, and pre-treatment ordinances and rules. 4 6. No Capacity Rights or Entitlement. Nothing in this Agreement shall be construed to provide DP or any of DP's successors -in -interest with any vested entitlement to discharge to the CSJC Sewer or SOCWA Facilities, or with a capacity right(s) in such facilities. 7. Indemnification. DP agrees to indemnify and hold harmless CSJC, SOCWA and its member agencies, and each of their employees, directors, officers and elected officials (the "indemnitiees") from any and all claims, damages, lawsuits, permit or discharge violations, penalties, fines, attorneys fees or any other liability as a result of, or arising out of or in connection with, the activities (including actions or omissions) related to this Agreement, including but not limited to (1) the use, development, approval, operation, maintenance, termination, discontinuance or any other aspect of the Alipaz Diversion Structure and discharges hereunder; (2) flows from the Alipaz Storm Drain as a result of termination or interruption of the discharge to the CSJC Sewer or the SOCWA Facilities hereunder, or this Agreement, or the SWD Permit for the Alipaz Diversion Structure; including any plant upsets or NPDES permit violations caused by flows to the CSJC sewer and the SOCWA facilities, or, (3) any matters related to any of the foregoing. DP agrees that it shall pay for the defense of the indemnitiees and shall be responsible for the satisfaction of any judgment, decree, settlement or court order, including but not limited to any penalties or fines or other remedies imposed by a regulatory agency, or through any regulatory proceeding regarding flows through the Alipaz Diversion Structure. This indemnity will survive the termination or expiration of this Agreement or the SWD Permit. 8. Insurance. DP agrees to provide evidence of general liability insurance, in amounts satisfactory to CSJC, applicable to the ownership, installation and operation of the Alipaz Diversion Structure, and DP's obligations under this Agreement. Written endorsements naming CSJC, SOCWA and its member agencies, and each of their employees, directors, officers and elected officials as additional insureds shall be provided prior to installation of the Alipaz Diversion Structure, and shall continue in effect for the entire period the structure is in place. 9. Attorneys Fees. If either party hereto commences any action to enforce any provision of this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to damages, equitable or other relief, all reasonable costs and expenses incurred, including reasonable attorneys fees and costs. 10. Successors; AssiQmnent. This Agreement will be binding upon and inure to the benefit of the parties' successors hereto. DP shall not assign its rights and obligations hereunder without 5 prior written notice to, and the written consent of, CSJC, and no assignment shall be effective if contrary to the terms of the Policy or the SWD Permit. 11. Waiver. The failure of either party to insist on compliance with any of the terms, covenants or conditions of this Agreement by the other party shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power conferred by this Agreement at any other time or times by a party be deemed a waiver or relinquishment of that right or power for all or any other times. 12. Severability. If any part of this Agreement is held to be illegal or unenforceable or void for any reason by a court of competent jurisdiction, and all appeals have been exhausted of the time for filing appeals has expired, the entire Agreement shall be deemed invalid, illegal or otherwise unenforceable. 13. Entire Agreement, This Agreement supersedes any and all prior oral or written agreements between the parties with respect to the subject matter herein. 14. Amendment. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in a writing signed by both parties. 15. Notice. Any notice required or permitted to be given hereunder shall be deemed to have been validly given or made only if in writing and when received by the party to whom it is directed by personal service, hand delivery, or United States Mail as follows: If to CSJC: Director of Engineering and Building City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 If to DP: Director of Public Works and Engineering City of Dana Point 33282 Street of Golden Lantern California 92629 Either party may change its address above at any time by written notice to the other in accordance with this § 14. 6 0 16. Recitals/Exhibits: Counterparts. The Recitals and Exhibit A "Alipaz Diversion Structure" is incorporated into this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed an original. 17. California Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of California. Venue for any action or proceeding to enforce the terms hereof shall lie in Orange County, California. 18. Third Party Beneficiary. The parties agree that SOCWA is a third party beneficiary hereunder for purposes of enforcing the indemnity or insurance provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the date first written above. APPROVED AS TO FORM: L — q John Shaw, City Attorney APPROVED AS TO FORM: 4 tchele Vadon, City Attorney CITY OF SAN JUAN CAPISTRANO Mayor, Diane L. Bathgate ATTEST: ty CI rk CITY OF DANA POINT Re", Mayor / 8/6/2002 AGENDA ITEM D 5 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Consideration of an Agreement with City of Dana Point to Convey, Treat, and Dispose Alipaz Diversion Structure Dry Weather Nuisance Flows RECOMMENDATION: By Motion, Approve the Agreement with the City of Dana Point for the City of Dana Point's Use of City Facilities for Interim Diversion of Dry Weather Nuisance Flows from Alipaz Storm Drain, and Authorize the Mayor to execute the Agreement on behalf of the City. SUMMARY AND RECOMMENDATION: Staff has been working diligently with the City of Dana Point to generate an agreement between the two Cities and SOCWA to allow urban runoff from an existing 96 -inch storm drain owned by Dana Point to be discharged to a San Juan Capistrano -owned 24 -inch sanitary sewer. This agreement went before the San Juan Capistrano City Council Meeting on May 21, 2002. The agreement was approved. The City of Dana Point then considered the approved agreement on May 28, 2002 and deferred determination pending further evaluation of the SOCWA Permit and the subject agreement. The City of Dana Point established an ad-hoc committee to identify the issues in detail. Once identified, the Dana Point staff worked with our attorney and the SOCWA general management to amend the agreement and the SOCWA Special Waste Discharge Permit. The changes to the San Juan Capistrano Agreement have been incorporated into the attached executed Dana Point Agreement. The attorney for San Juan Capistrano has reviewed the subsequent modifications to the Agreement and to the SOCWA Permit and has found them acceptable to the City and consistent with the past action. It is recommended that the City Council approve the agreement with the City of Dana Point for the City of Dana Point's use of City Facilities for interim diversion of dry weather nuisance flows from Alipaz Storm Drain; and, authorize the Mayor to execute the Agreement on behalf of the City. BACKGROUND: In an effort to reduce nuisance flow pollution in San Juan Creek and Doheny Beach, the City of Dana Point is planning to construct a dry weather nuisance flow (nuisance flow) diversion structure to serve a 96 -inch diameter reinforced concrete pipe storm drain discharging to San Juan Creek. The diversion structure, located about 1,620 feet north of the J.B. Latham Wastewater Treatment Plant (WWTP), formerly known as the SERRA Plant, is designed to direct a maximum of 50 gallons per minute of nuisance flow into a 24 -inch gravity sewer conveying wastewater to the WWTP. The purpose of the project is to improve overall water quality in San Juan Creek and Doheny Beach. FOR CITY COUNCIL AGENDA J 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) Tvivsu sanjuancapistrano. org August 8, 2002 M NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COl1ENE CAMPBELL JOHN S. GEUT WYATT HART DAVID M. SWERMS CITY MANAGER GEORGESCARBOROUGH On August 6, 2002 the City Council of San Juan Capistrano met regarding: "Consideration of an Agreement with City of Dana Point to Convey, Treat, and Dispose Alipaz Diversion Structure Dry Weather Nuisance Flows" Item No. D5 The following action was taken at the meeting: Agreement with the City of Dana Point for the City of Dana Point's use of city facilities for interim diversion of dry weather nuisance flows from Alipaz storm drain approved and the Mayor authorized to execute the agreement. If you have any questions regarding this action, please contact William M. Huber, Engineer and Building Director at 443-6336 for more detailed information. Thank you, CMC Enclosed: Fully executed agreement for your records Cc: City of Dana Point; South Orange County Wastewater Authority; William M. Huber, Engineer and Building Director oxuo use la San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.scitijuaticapistrano.org May 23, 2002 fy" I�IOt,RPltl ESTE unMEe 1961 1776 • MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN S. GELFF WYATT HART DAVID M. SWEHOLIN CITY MANAGER GEORGE SCARBOROUGH Mr. Matthew Sinacori City of Dana Point 33282 Golden Lantern Dana Point, California 92629 Re: Agreement Between City of San Juan Capistrano and The Cily of Dana Point for the City of Dana Point's Interim Use of Facilities to Divert Dry Weather Flows from Alii az Storm Drain Dear Mr. Sinacori: Enclosed are the following documents: • (2) original, executed Agreements to convey, treat and dispose Alipaz Diversion Structure Dry Weather Nuisance Flows. Please return one fully executed agreement to my attention when approved by the City Council of the City of Dana Point. • (1) original Minute Extract of the meeting of the City Council of the City of San Juan Capistrano dated May 23, 2002, for your use. Very truly yours, Dawn Schanderl Deputy City Clerk cc: William Huber, Director of Engineering & Building Irene Marcote, Engineering Department aluouse 1s San Juan Capistrano: Preserving the Past to Enhance the Future 32400 pASEO AOELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sarijuancapistrano.org • IOrolveAllll uuuISM n 1961 1776 MM MM MINUTE EXTRACT CITY OF SAN JUAN CAPISTRANO REGULAR MEETING MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN S. GELFF MATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH A Regular Meeting of the City of San Juan Capistrano was held on May 21, 2002 at 7:00 p.m. in the City Council Chamber, 32400 PaseoAdelanto, San Juan Capistrano, California, Mayor Diane Bathgate presiding. ROLL CALL: PRESENT: COUNCIL MEMBERS: Hart, Campbell, Swerdlin, Gelff and Mayor Bathgate ABSENT: COUNCIL MEMBERS: None EXTRACT OF ITEM D9: Consideration of Approval of Agreement with City of Dana Point to Convey, Treat, and Dispose Alipaz Diversion Structure Dry Weather Nuisance Flows (600.30) Moved by Council Member Hart, seconded by Mayor pro tem Gelff and carried unanimously (5-0) to approve Agreement with the City of Dana Point for the City of Dana Point's Use of City Facilities for Interim Diversion of Dry Weather Nuisance Flows from Alipaz Storm Drain with minor changes in language and addition of termination clause; and, Mayor authorized to execute the agreement. STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF SAN JUAN CAPISTRANO ) I, Dawn Schanderl, Deputy City Clerk of the City of San Juan Capistrano, California, do hereby certify that the foregoing is a true and correct copy of the Minute Entry on record in my office. Said Minutes have not been officially approved by the City Council of the City of San Juan Capistrano, as of this date. IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of San Juan Capistrano on this 23' day of May 2002. Dawn Schanderl, Deputy City Clerk DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE CITY OF DANA POINT FOR THE CITY OF DANA POINT'S INTERIM SE OF FACILITIES TO DIVERT DRY WEATHER FLOWS FROM ALIPAZ STORM DRAIN This "AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE CITY OF DANA POINT FOR THE CITY OF DANA POINT'S INTERIM USE OF FACILITIES TO DIVERT DRY WEATHER FLOWS FROM ALIPAZ STORM DRAIN" (the Agreement") is made and entered into this 21st day of May, 2002 by and between the CITY OF SAN JUAN CAPISTRANO, hereafter referred to as "CSJC," a municipal corporation of the State of California, and the CITY OF DANA POINT, hereafter referred to as "DP," also a municipal corporation of the State of California. CSJC and DP are sometimes referred to in this Agreement individually as "party" and jointly as "parties." RECITALS A. DP is a co-permitee of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System ("MS4") Storm Water permit No. CAS0108740 (Order No. R9-2002-0001) issued by the San Diego Regional Water Quality Control Board (SDRWQCB). B. The State Water Resources Control Board (SWRCB) under the Clean Beaches Initiative Grant Program will be funding a portion of the cost to implement a project to improve overall water quality in San Juan Creek and at Doheny Beach. C. DP owns and maintains a 96 -inch storm drain, the "Alipaz Storm Drain", which discharges to San Juan Creek. D. OP identified the Alipaz Storm Drain as a storm drain to be modified to divert dry weather flow discharges' into a nearby CSJC 24 -inch sewer (the "CSJC Sewer") thus eliminating certain discharges from the Alipaz Storm Drain to San Juan Creek. As defined ip § LD of the "SOUTH ORANGE COUNTY WASTEWATER AUTHORITY POLICY FOR ACCEPTANCE OF INTERIM DRY WEATHER NUISANCE FLOW TO THE WASTEWATER COLLECTION, TREATMI; NT AND DISPOSAL SYSTEM PURSUANT TO PRETREATMENT PROGRAM AND WASTE DISCHARGE REQUIREMENTS." 7165.2 E. DP has retained an engineering consultant to design diversion modifications for the Alipaz Storm Drain. The plans and specifications for these diversion modifications called the "Alipaz Diversion Structure," are now completed and ready for construction. The proposed location of the diversion facilities is depicted in Exhibit A to this Agreement (the "Alipaz Diversion Structure"). F. CSJC owns and maintains the "CSJC Sewer", that conveys wastewater generated in the CSJC service area to the J.B. Latham Wastewater Treatment Plant (WWTP), owned and operated by South Orange County Wastewater Authority (SOCWA). G. CSJC, as a member of SOCWA Project Committee 2 (PC 2, J.B. Latham WWTP) and Project Committee 5 (PC 5, San Juan Creek Ocean Outfall), owns wastewater treatment capacity at the J.B. Latham WWTP and disposal capacity at the San Juan Creek Ocean Outfall facilities (collectively, the "SOCWA Facilities"). H. The parties recognize that the SOCWA Facilities and the CSJC Sewer have limited system capacity available for acceptance of diversions of dry weather flow discharges, that such diversions are to be on an interim basis and with no adverse affects on the facilities' primary function of collection, treatment and disposal of sanitary sewer discharges. SOCWA and CSJC have each adopted the "SOCWA POLICY FOR ACCEPTANCE OF INTERIM DRY WEATHER NUISANCE FLOW TO THE WASTEWATER COLLECTION, TREATMENT AND DISPOSAL SYSTEM PURSUANT TO PRETREATMENT PROGRAM AND WASTE DISCHARGE REQUIREMENTS" and related rules and regulations (collectively, the "Policy") that allow certain interim diversions of dry weather flows using those facilities, provided the diversions are strictly in accordance with the Policy. IN CONSIDERATION of the promises and mutual covenants contained herein, the parties Agree as follows: AGREEMENT 1. Diversion of Dry Weather Flows from the Alipaz Storm Drain to the CSJC and SOCWA Facilities. To support the SWRCB and DP efforts to restore and maintain the quality of ocean water and beaches, CSJC agrees to allow DP to divert dry -weather flows from the Alipaz Storm Drain to the CSJC Sewer for conveyance to the SOCWA Facilities but only in accordance with the terms of this Agreement, the Policy and the related Nuisance Water — Special Wastewater 2 0 0 Discharge Permit Class IV User for the Discharge of Nuisance Water to the City of San Juan Capistrano and SOCWA ("SWD Permit") to be issued under the Policy for the Alipaz Diversion Structure? 2. Alipaz Diversion Structure. DP shall own and have title to the Alipaz Diversion Structure, and all responsibility and liability therefor as follows in this Agreement and under the Policy. CSJC consents to the construction, installation, maintenance and operation of the Diversion Structure, provided those actions and all matters related to the Alipaz Diversion Structure are (i) done in strict accordance with the terms of this Agreement, the Policy and the SWD Permit; and (ii) do not commence until issuance of the SWD Permit for the Alipaz Diversion Structure pursuant to the Policy. 3. Term. This Agreement authorizes DP to divert dry weather flows through the Alipaz Diversion Structure to the CSJC Sewer and SOCWA facilities annually during the period beginning June 1st through October 15th during the years 2002, 2003, 2004, 2005 and 2006, unless this Agreement is terminated earlier by agreement of CSJC and DP or by CSJC as a result of a material breach of the Agreement by DP. 4. DP Project Fees and Annual Costs. DP shall reimburse CSJC for (i) a one-time Sewer connection fee of $3,165; (ii) one-time cost of up to $15,000 for engineering, `SWD Permit' processing and legal expenses related to this Agreement; (iii) annual operation and maintenance costs associated with the conveyance, treatment and disposal of dry weather flows from the Alipaz Diversion Structure, including those costs CSJC incurs for pretreatment and the SWD Permit administration; (iv) annual inspection, monitoring and sampling costs. The annual operation and maintenance and inspection costs shall be based on the annual volume of dry -weather flows diverted through the Alipaz Diversion Structure to the CSJC Sewer and SOCWA facilities, the CSJC share of the cost to operate the SOCWA Facilities attributable to the flows through the Alipaz Diversion Structure, and an allowance for monitoring and inspection. Based on SOCWA's PC 2 and PC 5 budgets for fiscal year 2001/2002, the cost of treatment and disposal is $0.00114 per gallon. For the Alipaz Diversion Structure, the cost of treatment by fiscal year (FY) shall be as follows: FY2002/2003 $0.00114/gal z Nothing in this Agreement shall be construed as an admission that the flows from the Alipaz Storm Drain are in any respect inconsistent with the requirements of Order No. R9-2002-0001, NPDES No. CAS0108740. 3 0 0 FY2003/2004 $0.00126/gal FY2004/2005 $0.00138/gal FY2005/2006 $0.00152/gal FY2006/2007 $0.00167/gal The sewer connection fee, the one-time costs associated with engineering, `SWD Permit' processing and legal expenses, and the first year operation and maintenance cost shall be paid by DP to CSJC before commencing discharge of Dry Weather Nuisance Plans into the CSJC sewer and WWTP. The first year O&M cost shall be calculated assuming that the Dry Weather Flows start on June 1, 2002, and terminate on October 15, 2002, (137 days) a daily discharge is 50,000 gallons per day, and the cost of $0.00114/gallon for a total of $7,809. From the second through the fifth year, the annual O&M cost shall be pro -rated based on the previous year's total discharge from the Alipaz Diversion Structure. CSJC shall invoice DP before the end of each calendar year for the annual O&M costs. DP shall pay CSJC within 45 days after receipt of invoice. In the event that any uncontested portions of the invoice are not paid within 45 days of the invoice date, then interest on unpaid amounts shall accrue at a rate of 8 percent per annum. In the event that any uncontested portions of the invoice are not paid within 90 days of the invoice date, then CSJC shall have the right to close the connection between the Alipaz Diversion Structure and the CSJC Sewer. DP will be responsible for any other financial obligations under the terms of the SWD Permit for the Alipaz Diversion Structure, including but not limited to, any regulatory fines or penalties assessed as a result of such diversion. 5. Compliance with Rules and Regulations. DP agrees to comply with and abide by the Policy, the SWD Permit, and any other rules and regulations of CSJC and SOCWA or other applicable public agencies. DP further agrees that it shall meet all requirements and conditions of any NPDES permit applicable to flows through the Alipaz Diversion Structure and all CSJC/SOCWA pre-treatment ordinances and permits to ensure that dry -weather flows through the Alipaz Diversion Structure will not preclude CSJC/SOCWA from meeting and complying with any waste discharge requirements or any condition of SOCWA's NPDES permit, from implementing a water recycling project at the WWTP, and pre-treatment ordinances and rules. 6. No Capacity Rights or Entitlement. Nothing in this Agreement shall be construed to provide DP or any of DP's successors -in -interest with any vested entitlement to discharge to the 4 0 0 CSJC Sewer or SOCWA Facilities, or with a capacity right(s) in such facilities. 7. Indemnification. DP agrees to indemnify and hold harmless CSJC, SOCWA and its member agencies, and each of their employees, directors, officers and elected officials (the "indemnitiees") from any and all claims, damages, lawsuits, permit or discharge violations, penalties, fines, attorneys fees or any other liability as a result of, or arising out of or in connection with, the activities (including actions or omissions) related to this Agreement, including but not limited to (1) the use, development, approval, operation, maintenance, termination, discontinuance or any other aspect of the Alipaz Diversion Structure and discharges hereunder; (2) flows from the Alipaz Storm Drain as a result of termination or interruption of the discharge to the CSJC Sewer or the SOCWA Facilities hereunder, or this Agreement, or the SWD Permit for the Alipaz Diversion Structure; including any plant upsets or NPDES permit violations caused by flows to the CSJC sewer and the SOCWA facilities, or, (3) any matters related to any of the foregoing. DP agrees that it shall pay for the defense of the indemnitiees and shall be responsible for the satisfaction of any judgment, decree, settlement or court order, including but not limited to any penalties or fines or other remedies imposed by a regulatory agency, or through any regulatory proceeding regarding flows through the Alipaz Diversion Structure. This indemnity will survive the termination or expiration of this Agreement or the SWD Permit. 8. Insurance. DP agrees to provide evidence of general liability insurance, in amounts satisfactory to CSJC, applicable to the ownership, installation and operation of the Alipaz Diversion Structure, and DP's obligations under this Agreement. Written endorsements naming CSJC, SOCWA and its member agencies, and each of their employees, directors, officers and elected officials as additional insureds shall be provided prior to installation of the Alipaz Diversion Structure, and shall continue in effect for the entire period the structure is in place. 9. Attorneys Fees. If either party hereto commences any action to enforce any provision of this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to damages, equitable or other relief, all reasonable costs and expenses incurred, including reasonable attorneys fees and costs. 10. Successors; Assignment. This Agreement will be binding upon and inure to the benefit of the parties' successors hereto. DP shall not assign its rights and obligations hereunder without prior written notice to, and the written consent of, CSJC, and no assignment shall be effective if contrary to the terms of the Policy or the SWD Permit. 5 0 0 11. Waiver. The failure of either party to insist on compliance with any of the terms, covenants or conditions of this Agreement by the other party shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power conferred by this Agreement at any other time or times by a party be deemed a waiver or relinquishment of that right or power for all or any other times. 12. Severability. If any part of this Agreement is held to be illegal or unenforceable or void for any reason by a court of competent jurisdiction, and all appeals have been exhausted of the time for filing appeals has expired, the entire Agreement shall be deemed invalid, illegal or otherwise unenforceable. 13. Entire Agreement. This Agreement supersedes any and all prior oral or written agreements between the parties with respect to the subject matter herein. 14. Amendment. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in a writing signed by both parties. 15. Notice. Any notice required or permitted to be given hereunder shall be deemed to have been validly given or made only if in writing and when received by the party to whom it is directed by personal service, hand delivery, or United States Mail as follows: If to CSJC: Director of Engineering and Building City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 If to DP: Director of Public Works and Engineering City of Dana Point 33282 Street of Golden Lantern California 92629 Either party may change its address above at any time by written notice to the other in accordance with this § 14. 16. Recitals/Exhibits: Counterparts. The Recitals and Exhibit A "Alipaz Diversion 6 0 Structure" is incorporated into this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed an original. 17. California Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of California. Venue for any action or proceeding to enforce the terms hereof shall lie in Orange County, California. 18. Third Party Beneficiary. The parties agree that SOCWA is a third party beneficiary hereunder for purposes of enforcing the indemnity or insurance provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the date first written above. APPROVED AS TO FORM: John Sh f, City Attorney APPROVED AS TO FORM: Michele Vadon, City Attorney CITY OF SAN JUAN CAPISTRANO ATTEST: CITY OF DANA POINT Mayor ATTEST City Clerk 0 0 OF SAN JUAN CAPISTRANO AND REVIEW FOR CONFORMANCE WITH THE COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS (940.20) CHANGE ORDER NO. 1 APPROVED IN THE AMOUNT OF $2,450; AND, RESOLUTION NO. 02-05-21-04 APPROVED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE LOS RIOS STREET SANITARY SEWER REHABILITATION (INSITUFORM TECHNOLOGIES INC.);" CITY CLERK DIRECTED TO PROCESS RECORDING OF NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $9,289.88, 35 DAYS AFTER RECORDATION (600.30) 9. AGREEMENT WITH THE CITY OF DANA POINT FOR DANA POINT'S INTERIM USE OF CITY'S DRAINAGE FACILITIES TO DIVERT DRY WEATHER NUISANCE FLOWS TO THE ALIPAZ STORM DRAIN; AND MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT (60.30) Project Description: In an effort to reduce nuisance flow pollution in San Juan Creek and Doheny Beach, the City of Dana Point is planning to construct a dry weather nuisance flow diversion structure to serve a 90 -inch diameter reinforced concrete pipe storm drain discharging to San Juan Creek. The purpose of the project is to improve overall water quality in San Juan Creek and at Doheny Beach. The City of Dana Point has requested permission to use City facilities to convey, treat and dispose nuisance flow via the Alipaz Storm Drain. Written Communications: Report dated May 21, 2002, and Supplemental Report, dated May 20, 2002, from William Huber, Director of Engineering and Building. Oral Presentation: William Huber, Director of Engineering and Building, presented a proposed revision to the agreement, arising after the agenda report dated May 21, 2002, was submitted to the City Council. The revision includes minor language changes as approved by the City Attorney. Huber recommended approval of the revised agreement. Moved by Council Member Hart, seconded by Mayor pro tem Gelff and carried unanimously, 5-0, to approve the revised agreement with City of Dana Point for the City of Dana Point's interim use of City facilities to divert dry weather nuisance flows from the Alipaz storm drain; and Mayor authorized to execute the agreement. 10. RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY, ACCEPTED; AND, CLAIM SUBMITTED BY STEVEN KUHN DENIED (170.10) CC Minutes 4 5-21-02 MEMORANDUM May 20, 2002 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering an B ing SUBJECT: City Council Item D9 - Consideration of an Agreement with City of Dana Point to Convey, Treat, and Dispose Alipaz Diversion Structure Dry weather Nuisance Flows The above referenced item is scheduled on the consent calendar for the May 21, 2002 City Council meeting. This agreement, between Dana Point and San Juan Capistrano, was subject to some last minute revisions. Over the weekend, our City Attorney completed his review and approved the agreement. The changes consisted of minor language changes and inclusion of a termination clause. The final document is attached and awaits the City Attorney's signature. It is anticipated that the agreement will be signed before the meeting. The revised document will then be submitted to the Council Members at the meeting. FOR CITY COUNCIL lVolav�.t�oz �/ AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE CITY OF DANA POINT FOR THE CITY OF DANA POINT'S INTERIM USE OF FACILITIES TO DIVERT DRY WEATHER FLOWS FROM ALIPAZ STORM DRAIN This "AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE CITY OF DANA POINT FOR THE CITY OF DANA POINT'S INTERIM USE OF FACILITIES TO DIVERT DRY WEATHER FLOWS FROM ALIPAZ STORM DRAIN" (the Agreement") is made and entered into this 21st day of May, 2002 by and between the CITY OF SAN JUAN CAPISTRANO, hereafter referred to as "CSJC," a municipal corporation of the State of California, and the CITY OF DANA POINT, hereafter referred to as "DP," also a municipal corporation of the State of California. CSJC and DP are sometimes referred to in this Agreement individually as "party" and jointly as "parties." RECITALS A. DP is a co-permitee of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System ("MS4") Storm Water permit No. CAS0108740 (Order No. R9-2002-0001) issued by the San Diego Regional Water Quality Control Board (SDRWQCB). B. The State Water Resources Control Board (SWRCB) under the Clean Beaches Initiative Grant Program will be funding a portion of the cost to implement a project to improve overall water quality in San Juan Creek and at Doheny Beach. C. DP owns and maintains a 96 -inch storm drain, the "Alipaz Storm Drain", which discharges to San Juan Creek. D. DP identified the Alipaz Storm Drain as a storm drain to be modified to divert dry weather flow discharges' into a nearby CSJC 24 -inch sewer (the "CSJC Sewer") thus eliminating certain discharges from the Alipaz Storm Drain to San Juan Creek. 1 As defined in § LD of the "SOUTH ORANGE COUNTY WASTEWATER AUTHORITY POLICY FOR ACCEPTANCE OF INTERIM DRY WEATHER NUISANCE FLOW TO THE WASTEWATER COLLECTION, TREATMENT AND DISPOSAL SYSTEM PURSUANT TO PRETREATMENT PROGRAM AND WASTE DISCHARGE REQUIREMENTS " 7165.2 0 E E. DP has retained an engineering consultant to design diversion modifications for the Alipaz Storm Drain. The plans and specifications for these diversion modifications called the "Alipaz Diversion Structure," are now completed and ready for construction. The proposed location of the diversion facilities is depicted in Exhibit A to this Agreement (the "Alipaz Diversion Structure"). F. CSJC owns and maintains the "CSJC Sewer", that conveys wastewater generated in the CSJC service area to the J.B. Latham Wastewater Treatment Plant (WWTP), owned and operated by South Orange County Wastewater Authority (SOCWA). G. CSJC, as a member of SOCWA Project Committee 2 (PC 2, J.B. Latham WWTP) and Project Committee 5 (PC 5, San Juan Creek Ocean Outfall), owns wastewater treatment capacity at the J.B. Latham WWTP and disposal capacity at the San Juan Creek Ocean Outfall facilities (collectively, the "SOCWA Facilities"). H. The parties recognize that the SOCWA Facilities and the CSJC Sewer have limited system capacity available for acceptance of diversions of dry weather flow discharges, that such diversions are to be on an interim basis and with no adverse affects on the facilities' primary function of collection, treatment and disposal of sanitary sewer discharges. SOCWA and CSJC have each adopted the "SOCWA POLICY FOR ACCEPTANCE OF INTERIM DRY WEATHER NUISANCE FLOW TO THE WASTEWATER COLLECTION, TREATMENT AND DISPOSAL SYSTEM PURSUANT TO PRETREATMENT PROGRAM AND WASTE DISCHARGE REQUIREMENTS" and related rules and regulations (collectively, the "Policy") that allow certain interim diversions of dry weather flows using those facilities, provided the diversions are strictly in accordance with the Policy. IN CONSIDERATION of the promises and mutual covenants contained herein, the parties Agree as follows: AGREEMENT 1. Diversion of Dry Weather Flows from the Alipaz Storm Drain to the CSJC and SOCWA Facilities. To support the SWRCB and DP efforts to restore and maintain the quality of ocean water and beaches, CSJC agrees to allow DP to divert dry -weather flows from the Alipaz Storm Drain to the CSJC Sewer for conveyance to the SOCWA Facilities but only in accordance with the terms of this Agreement, the Policy and the related Nuisance Water — Special Wastewater 2 0 Discharge Permit Class IV User for the Discharge of Nuisance Water to the City of San Juan Capistrano and SOCWA ("SWD Permit") to be issued under the Policy for the Alipaz Diversion Structure.Z 2. Alipaz Diversion Structure. DP shall own and have title to the Alipaz Diversion Structure, and all responsibility and liability therefor as follows in this Agreement and under the Policy. CSJC consents to the construction, installation, maintenance and operation of the Diversion Structure, provided those actions and all matters related to the Alipaz Diversion Structure are (i) done in strict accordance with the terms of this Agreement, the Policy and the SWD Permit; and (ii) do not commence until issuance of the SWD Permit for the Alipaz Diversion Structure pursuant to the Policy. 3. Term. This Agreement authorizes DP to divert dry weather flows through the Alipaz Diversion Structure to the CSJC Sewer and SOCWA facilities annually during the period beginning June I st through October 15th during the years 2002, 2003, 2004, 2005 and 2006, unless this Agreement is terminated earlier by agreement of CSJC and DP or by CSJC as a result of a material breach of the Agreement by DP. 4. DP Project Fees and Annual Costs. DP shall reimburse CSJC for (i) a one-time Sewer connection fee of $3,165; (ii) one-time cost of up to $15,000 for engineering, `SWD Permit' processing and legal expenses related to this Agreement; (iii) annual operation and maintenance costs associated with the conveyance, treatment and disposal of dry weather flows from the Alipaz Diversion Structure, including those costs CSJC incurs for pretreatment and the SWD Permit administration; (iv) annual inspection, monitoring and sampling costs. The annual operation and maintenance and inspection costs shall be based on the annual volume of dry -weather flows diverted through the Alipaz Diversion Structure to the CSJC Sewer and SOCWA facilities, the CSJC share of the cost to operate the SOCWA Facilities attributable to the flows through the Alipaz Diversion Structure, and an allowance for monitoring and inspection. Based on SOCWA's PC 2 and PC 5 budgets for fiscal year 2001/2002, the cost of treatment and disposal is $0.00114 per gallon. For the Alipaz Diversion Structure, the cost of treatment by fiscal year (FY) shall be as follows: FY2002/2003 $0.00114/gal 2 Nothing in this Agreement shall be construed as an admission that the flows from the Alipaz Storm Drain are in any respect inconsistent with the requirements of Order No. R9-2002-0001, NPDES No. CAS0108740. 3 FY2003/2004 $0.00126/gal FY2004/2005 $0.00138/gal FY2005/2006 $0.00152/gal FY2006/2007 $0.00167/gal The sewer connection fee, the one-time costs associated with engineering, `SWD Permit' processing and legal expenses, and the first year operation and maintenance cost shall be paid by DP to CSJC before commencing discharge of Dry Weather Nuisance Plans into the CSJC sewer and WWTP. The first year O&M cost shall be calculated assuming that the Dry Weather Flows start on June 1, 2002, and terminate on October 15, 2002, (137 days) a daily discharge is 50,000 gallons per day, and the cost of $0.00114/gallon for a total of $7,809. From the second through the fifth year, the annual O&M cost shall be pro -rated based on the previous year's total discharge from the Alipaz Diversion Structure. CSJC shall invoice DP before the end of each calendar year for the annual O&M costs. DP shall pay CSJC within 45 days after receipt of invoice. In the event that any uncontested portions of the invoice are not paid within 45 days of the invoice date, then interest on unpaid amounts shall accrue at a rate of 8 percent per annum. In the event that any uncontested portions of the invoice are not paid within 90 days of the invoice date, then CSJC shall have the right to close the connection between the Alipaz Diversion Structure and the CSJC Sewer. DP will be responsible for any other financial obligations under the terms of the S WD Permit for the Alipaz Diversion Structure, including but not limited to, any regulatory fines or penalties assessed as a result of such diversion. 5. Compliance with Rules and Regulations. DP agrees to comply with and abide by the Policy, the SWD Permit, and any other rules and regulations of CSJC and SOCWA or other applicable public agencies. DP further agrees that it shall meet all requirements and conditions of any NPDES permit applicable to flows through the Alipaz Diversion Structure and all CSJC/SOCWA pre-treatment ordinances and permits to ensure that dry -weather flows through the Alipaz Diversion Structure will not preclude CSJC/SOCWA from meeting and complying with any waste discharge requirements or any condition of SOCWA's NPDES permit, from implementing a water recycling project at the WWTP, and pre-treatment ordinances and rules. 6. No Capacity Rights or Entitlement. Nothing in this Agreement shall be construed to provide DP or any of DP's successors -in -interest with any vested entitlement to discharge to the 4 0 0 CSJC Sewer or SOCWA Facilities, or with a capacity right(s) in such facilities. 7. Indemnification. DP agrees to indemnify and hold harmless CSJC, SOCWA and its member agencies, and each of their employees, directors, officers and elected officials (the "indemnitiees") from any and all claims, damages, lawsuits, permit or discharge violations, penalties, fines, attorneys fees or any other liability as a result of, or arising out of or in connection with, the activities (including actions or omissions) related to this Agreement, including but not limited to (1) the use, development, approval, operation, maintenance, termination, discontinuance or any other aspect of the Alipaz Diversion Structure and discharges hereunder; (2) flows from the Alipaz Storm Drain as a result of termination or interruption of the discharge to the CSJC Sewer or the SOCWA Facilities hereunder, or this Agreement, or the SWD Permit for the Alipaz Diversion Structure; including any plant upsets or NPDES permit violations caused by flows to the CSJC sewer and the SOCWA facilities, or, (3) any matters related to any of the foregoing. DP agrees that it shall pay for the defense of the indemnitiees and shall be responsible for the satisfaction of any judgment, decree, settlement or court order, including but not limited to any penalties or fines or other remedies imposed by a regulatory agency, or through any regulatory proceeding regarding flows through the Alipaz Diversion Structure. This indemnity will survive the termination or expiration of this Agreement or the SWD Permit. 8. Insurance. DP agrees to provide evidence of general liability insurance, in amounts satisfactory to CSJC, applicable to the ownership, installation and operation of the Alipaz Diversion Structure, and DP's obligations under this Agreement. Written endorsements naming CSJC, SOCWA and its member agencies, and each of their employees, directors, officers and elected officials as additional insureds shall be provided prior to installation of the Alipaz Diversion Structure, and shall continue in effect for the entire period the structure is in place. 9. Attorneys Fees. If either party hereto commences any action to enforce any provision of this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to damages, equitable or other relief, all reasonable costs and expenses incurred, including reasonable attorneys fees and costs. 10. Successors; Assignment. This Agreement will be binding upon and inure to the benefit of the parties' successors hereto. DP shall not assign its rights and obligations hereunder without prior written notice to, and the written consent of, CSJC, and no assignment shall be effective if contrary to the terms of the Policy or the SWD Permit. 5 0 0 11. Waiver. The failure of either party to insist on compliance with any of the terms, covenants or conditions of this Agreement by the other party shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power conferred by this Agreement at any other time or times by a party be deemed a waiver or relinquishment of that right or power for all or any other times. 12. Severability. If any part of this Agreement is held to be illegal or unenforceable or void for any reason by a court of competent jurisdiction, and all appeals have been exhausted of the time for filing appeals has expired, the entire Agreement shall be deemed invalid, illegal or otherwise unenforceable. 13. Entire Agreement. This Agreement supersedes any and all prior oral or written agreements between the parties with respect to the subject matter herein. 14. Amendment. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in a writing signed by both parties. 15. Notice. Any notice required or permitted to be given hereunder shall be deemed to have been validly given or made only if in writing and when received by the party to whom it is directed by personal service, hand delivery, or United States Mail as follows: If to CSJC: Director of Engineering and Building City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 If to DP: Director of Public Works and Engineering City of Dana Point 33282 Street of Golden Lantern California 92629 Either party may change its address above at any time by written notice to the other in accordance with this § 14. 16. Recitals/Exhibits: Counterparts. The Recitals and Exhibit A "Alipaz Diversion M Structure" is incorporated into this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed an original. 17. California Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of California. Venue for any action or proceeding to enforce the terms hereof shall lie in Orange County, California. 18. Third Party Beneficiary. The parties agree that SOCWA is a third party beneficiary hereunder for purposes of enforcing the indemnity or insurance provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the date first written above. APPROVED AS TO FORM: John Sh f, City Attorney APPROVED AS TO FORM: Michele Vadon, City Attorney 7 CITY OF SAN JUAN CAPISTRANO Diane Bathgate, Mayor ATTEST: Margaret R. Monahan, City Clerk CITY OF DANA POINT Mayor ATTEST City Clerk 5/21/2002 D9 AGZNDA ITEM TO: George Scarborough, City Manager (CRA, Executive Director) (CVWD, General Manager) FROM: William M. Huber, Director of Engineering and Building SUBJECT: Consideration of an Agreement with City of Dana Point to Convey, Treat, and Dispose Alipaz Diversion Structure Dry Weather Nuisance Flows By Motion, Approve the Agreement with the City of Dana Point for the City of Dana Point's Use of City Facilities for Interim Diversion of Dry Weather Nuisance Flows from Alipaz Storm Drain, and Authorize the Mayor to execute the Agreement on behalf of the City. BACKGROUND: In an effort to reduce nuisance flow pollution in San Juan Creek and Doheny Beach, the City of Dana Point is planning to construct a dry weather nuisance flow (nuisance flow) diversion structure to serve a 90 -inch diameter reinforced concrete pipe storm drain discharging to San Juan Creek. The diversion structure, located about 1,620 feet north of the J.B. Latham Wastewater Treatment Plant (WWTP), formerly known as the SERRA Plant, is designed to direct a maximum of 50 gallons per minute of nuisance flow into a 24 - inch gravity sewer conveying wastewater to the WWTP. The purpose of the project is to improve overall water quality in San Juan Creek and Doheny Beach. The City of Dana Point, as well as the City, are co -permittees of the Storm Water National Pollutant Discharge Elimination System (NPDES) permit issued by the San Diego Region — Regional Water Quality Control Board to Orange County. One of the objectives of storm water NPDES permits is to control urban runoff, thus reducing pollution of our waterways. Urban runoff usually has high bacteriological counts, oil and grease, and may have high organic and inorganic substances that impact our waterways' water quality. As a result of high pollution levels, the State Water Resources Control Board officials have proposed to include Dana Point Harbor on the State of California Waterways Impaired list. The City of Dana Point has requested permission to use City facilities to convey, treat and dispose nuisance flow, one of the urban runoff components. Nuisance flow is any water or other discharge that finds its way to storm drains from urban areas. Nuisance flows are primarily runoff from lawns or landscape irrigation, vehicles, wash water, hosing down paved areas, natural groundwater from sub -drain systems, and a variety of sources associated with urban activity. Nuisance flows in dry weather occurs between April 15 and October 15 of each year when little or no rain occurs in the City's service area. The City of Dana Point has measured and sampled dry weather nuisance water discharged to San Juan Creek via the Alipaz Storm Drain. Results of the water samples did not show any organic or inorganic substances that would interfere with the operation of the City sewer or the J.B. Latham WWTP, or the ability of the WWTP to meet existing effluent discharge requirements. FOR CITY COUNCIL AGENDA.t(� Agenda Item • 2 • May 21, 2002 SITUATrON: The City reviewed and approved the Alipaz Diversion Structure plans and specifications and the City of Dana Point is now finalizing the contract to construct the facility. The City of Dana Point has also applied for a Nuisance Water — Special Wastewater Discharge Permit Class IV with the South Orange County Wastewater Authority (SOCWA), the joint powers agency providing interagency and governmental coordination and planning for wastewater treatment and water recycling in San Juan Creek and Aliso Creek drainage basins. There is now the need to execute the agreement between the City of San Juan Capistrano and the City of Dana Point for the interim diversion of nuisance flows into the City's wastewater conveyance, treatment, and disposal facilities. SOCWA has a policy for acceptance of interim nuisance flow to the wastewater collection, treatment, and disposal system pursuant to the pretreatment program and waste discharge requirements. The policy defines terms, provides guidelines on acceptance of nuisance flow, and provisions discussing fees, discharge violations, indemnification and insurance, and SOCWA member agency indemnity. The policy forms the basis for the Nuisance Water — Special Wastewater Discharge Permit. The permit sets forth discharge requirements, monitoring and reporting requirements, special and standard requirements, fees and charges, enforcement, indemnity/insurance, and user project information. Upon execution of the attached agreement (Attachment A) and procurement of the special wastewater discharge permit, the City of Dana Point will use City facilities to convey, treat, and dispose of the Alipaz Diversion Structure dry weather flow nuisance water. In summary, the terms of the agreement include: • The City of Dana Point owns and operates the Alipaz Diversion Structure. The City of Dana Point will pay for the following: • Sewer connection fees. • A one-time fee for City expenses related to engineering, permit processing, and legal expenses associated with the project. • Annual operation and maintenance (O&M) cost to treat and dispose of the nuisance water. The estimated cost for nuisance water conveyance, treatment, and disposal is $0.00114 per gallon for the fiscal year 2002/2003. This rate increases annually by 10 percent up to $0.00167 for fiscal year 2006/2007. This cost was calculated using the City's O&M cost share for the J.B. Latham WWTP and Ocean Outfall O&M costs for fiscal year 2002/2003. • All costs associated with annual inspection; monitoring, and sampling costs. • The City of Dana Point's recognition that the sewer and wastewater treatment and disposal facilities have limited capacity, that use of the City's facilities is on an interim basis, and that those facilities will have no adverse impact on the operation of the City's and SOCWA facilities. • Operation of the Alipaz Diversion Structure shall be in accordance with the agreement, the SOCWA Policy for Acceptance of Interim Dry Weather Nuisance Flow, and SOCWA's Storm Water Permit. • The understanding that the City of Dana Point meets all requirements and conditions of any applicable NPDES permit and all SOCWA pretreatment ordinances to ensure that nuisance water discharges do not preclude SOCWA from meeting existing permits or the ability to implement a water recycling project at the J.B. Latham WWTP. Agenda Item • 3 • May 21, 2002 • The City of Dana Point agrees to indemnify and hold harmless the City, SOCWA, SOCWA member agencies, and each of their directors, officers, employees, and elected officials for any and all claims related to the Alipaz Diversion Structure. • The City of Dana Point agrees to provide general liability insurance satisfactory to the City with written endorsements naming the City, SOCWA, and its member agencies. FINANCIAL CONSIDERATIONS: All costs associated with the Alipaz Diversion Structure will be paid by the City of Dana Point. NOTIFICATION: City of Dana Point South Orange County Wastewater Authority ALTERNATIVE ACTIONS: By Motion, Approve the Agreement with the City of Dana Point for the City of Dana Point's Use of City Facilities for Interim Diversion of Dry Weather Nuisance Flows from Alipaz Storm Drain, and Authorize the Mayor to Execute the Agreement on behalf of the City. 2. Do not execute agreement for interim diversion of any weather nuisance flows from Alipaz Storm Drain. 3. Refer this item back to staff for additional information. RECOMMENDATION: By Motion, Approve the Agreement with the City of Dana Point for the City of Dana Point's Use of City Facilities for Interim Diversion of Dry Weather Nuisance Flows from Alipaz Storm Drain, and Authorize the Mayor to Execute the Agreement on behalf of the City. Respectfully submitted, WilliamM. H er Director of Engineering and Building Attachment: lAttachment - Agreement 0 0 AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND CITY OF DANA POINT FOR CITY OF DANA POINT'S USE OF INTERIM DIVERSION OF DRY WEATHER NUISANCE FLOWS FROM ALIPAZ STORM DRAIN PER SOUTH ORANGE COUNTY WASTEWATER AUTHORITY `DRY WEATHER NUISANCE FLOW DIVERSION POLICY' THIS AGREEMENT is made and entered into this 21st day of May, 2002 by and between the CITY OF SAN JUAN CAPISTRANO, hereafter referred to as "CSJC," a municipal corporation of the State of California, and the CITY OF DANA POINT, hereafter referred to as "DP," also a municipal corporation of the State of California. CSJC and DP are sometimes referred to in this Agreement individually as "party" and jointly as "parties." RECITALS A. DP owns and maintains a 96 -inch storm drain, the "Alipaz Storm Drain", discharging urban run-off (dry weather nuisance flows and storm water) to San Juan Creek. B. DP is one of the co -permittees of the storm water National Pollutant Discharge Elimination System (NPDES) permit issued by the San Diego Region Regional Water Quality Control Board (RWQCB) to Orange County. C. The State Water Resources Control Board (SWRCB) under the Clean Beaches Initiative Grant Program will be funding a portion of the cost to implement a project to improve overall water quality in San Juan Creek and at Doheny Beach. D. DP identified the Alipaz Storm Drain as one of its facilities to be modified to divert dry weather nuisance flow discharges into nearby CSJC 24 -inch sewer (the "CSJC Sewer") thus eliminating certain discharges from that facility to San Juan Creek. E. DP has retained an Engineering Consultant to design diversion modifications for the Alipaz Storm Drain. The plans and specifications for these diversion modifications called the "Alipaz Diversion Structure," are now completed and ready for construction. The proposed location of the diversion facilities is depicted in Exhibit A to this Agreement (the "Alipaz Diversion Structure"). ATTACHMENT 0 0 F. CSJC owns and maintains the "CSJC Sewer", conveying wastewater generated by the CSJC service area to the J.B. Latham Wastewater Treatment Plant (WWTP), owned and operated by South Orange County Wastewater Authority (SOCWA). G. CSJC, as a member of SOCWA Project Committee 2 (PC 2, J.B. Latham WWTP) and Project Committee 5 (PC 5, San Juan Creek Ocean Outfall), owns wastewater treatment capacity at the J.13. Latham WWTP and disposal capacity at the San Juan Creek Ocean Outfall facilities (together, the "SOCWA Facilities"). H. The parties recognize that the SOCWA Facilities and the CSJC Sewer have limited system capacity available for acceptance of dry weather nuisance flow discharges, such diversions to be on an interim basis and with no adverse affects on the facilities' primary function of collection, treatment and disposal of sanitary sewer discharges. SOCWA and CSJC have each adopted the "SOCWA Policy For Acceptance Of Interim Dry Weather Nuisance Flow To The Wastewater Collection, Treatment And Disposal System Pursuant To Pretreatment Program And Waste Discharge Requirements" and related rules and regulations (together, the "Policy") that allow certain interim diversions of dry weather nuisance flow using those facilities, provided the diversions are strictly in accordance with the Policy. I. To support the SWRCB and DP efforts to restore and maintain the quality of ocean water and beaches, CSJC agrees to allow DP to divert dry -weather nuisance flows from the Alipaz Storm Drain to the CSJC Sewer for conveyance to the SOCWA Facilities but only in accordance with the terms of this Agreement and the Policy and the related Nuisance Water — Special Wastewater Discharge Permit ("SWD Permit") to be issued under the Policy for the Alipaz Diversion Structure. IN CONSIDERATION of the promises and mutual covenants contained herein, the parties agree as follows: AGREEMENT 1. Diversion Structure. DP shall own and have title to the Alipaz Diversion Structure, and all responsibility and liability therefore as follows in this Agreement and under the Policy. CSJC consents to the construction, installation, maintenance and operation of the Diversion Structure, provided those actions and all matters related to the Alipaz Diversion Structure are (i) done in strict accordance with the terms of this Agreement, the Policy and the SWD Permit; and (ii) do 2 0 0 not 'comm'ence until issuance of the SWD Permit for such structure pursuant to the Policy. 2. DP Project Fees and Annual Costs. DP shall reimburse CSJC. for (i) a one-time Sewer connection fee of $3,165; (ii) one-time cost of $15,000 for engineering, `SWD Permit' processing and legal expenses related to this Agreement; (iii) annual operation and maintenance costs associated with the conveyance, treatment and disposal of dry weather nuisance flows from the Alipaz Diversion Structure, including those costs CSJC incurs for pretreatment and the SWD Permit administration; (iv) annual inspection, monitoring and sampling costs. The annual operation and maintenance and inspection costs shall be based on the annual volume of dry -weather nuisance flows diverted to the CSJC Sewer and SOCWA facilities, the CSJC share of the cost to operate the SOCWA Facilities, and an allowance for monitoring and inspection. Based on SOCWA's PC 2 and PC 5 budgets for fiscal year 2001/2002, the cost of treatment and disposal is $0.00114 per gallon. For the Alipaz Diversion Structure, the cost of treatment by fiscal year (FY) shall be as follows: FY2002/2003 FY2003/2004 FY2004/2005 FY2005/2006 FY2006/2007 $0.00114/gal $0.00126/gal $0.00138/gal $0.00152/gal $0.00167/gal The sewer connection fee, the one-time costs associated with engineering, `SWD Permit' processing and legal expenses, and the first year operation and maintenance cost shall be paid by DP to CSJC before commencing discharge of Dry Weather Nuisance Plans into the CSJC sewer and WWTP. The first year O&M cost shall be calculated assuming that the Dry Weather Nuisance Flows start on June 1, 2002, and terminate on October 15, 2002, (137 days) a daily discharge is 50,000 gallons per day, and the cost of $0.00114/gallon for a total of $7,809. From the second through the fifth year, the annual O&M cost shall be pro -rated based on the previous year's total discharge from the Alipaz Diversion Structure. CSJC shall invoice DP before the end of each calendar year for the annual O&M costs. DP shall pay CSJC within 45 days after receipt of invoice. In the event that any uncontested portions of the invoice are not paid within 45 days of the invoice date, then interest on unpaid amounts shall accrue at a rate of 8 percent per annum. In the event that any uncontested portions of the invoice are not paid within 90 days of the invoice date, then CSJC shall have the right to close the connection between the Alipaz Diversion Structure and the CSJC Sewer. 3 0 0 DP will be responsible for any other financial obligations under the terms of the SWD Permit for the Alipaz Diversion Structure, including but not limited to, any regulatory fines or penalties assessed as a result of such diversion. 3. Compliance with Rules and Regulations. DP agrees to comply with and abide by the Policy, the SWI) Permit, and any other rules and regulations of CSJC and SOCWA or other applicable public agencies. DP further agrees that it shall meet all requirements and conditions of any applicable NPDES permit and all CSJC/SOCWA pre-treatment ordinances and permits to ensure that dry -weather nuisance flows will not preclude CSJC/SOCWA from meeting and complying with any waste discharge requirements or any condition of SOCWA's NPDES permit, from implementing a water recycling project at the WWTP, and pre-treatment ordinances and rules. 4. No Capacity Rights or Entitlement. Nothing in this Agreement shall be construed to provide DP or any of DP's successors -in -interest with any vested entitlement to discharge to the CSJC Sewer or SOCWA Facilities, or with a capacity right(s) in such facilities. 5. Indemnity. DP agrees to indemnify and hold harmless CSJC, SOCWA and its member agencies, and each of their employees, directors, officers and elected officials (the "indemnities") from any and all claims, damages, lawsuits, permit or discharge violations, penalties, fines, attorneys fees or any other liability as a result of, or arising out of or in connection with, the activities (including actions or omissions) related to this Agreement, including but not limited to (1) the use, development, approval, operation, maintenance, termination, discontinuance or any other aspect of the Alipaz Diversion Structure and discharges hereunder; (2) flows from the Alipaz Storm Drain as a result of termination or interruption of the discharge to the CSJC Sewer or the SOCWA Facilities hereunder, or this Agreement, or the SWD Permit for the Alipaz Diversion Structure; or, (3) any matters related to any of the foregoing. DP agrees that it shall pay for the defense of the indemnities and shall be responsible for the satisfaction of any judgment, decree, settlement or court order, including but not limited to any penalties or fines or other remedies imposed by a regulatory agency, or through any regulatory proceeding. This indemnity will survive the termination or expiration of this Agreement or the SWD Permit. 6. Insurance. DP agrees to provide evidence of general liability insurance, in amounts satisfactory to CSJC, applicable to the ownership, installation and operation of the Alipaz Diversion Structure, and DP's obligations under this Agreement. Written endorsements naming CSJC, SOCWA and its member agencies, and each of their employees, directors, officers and elected officials as additional insureds shall be provided prior to installation of the Alipaz Diversion Structure, and shall continue in effect for the entire period the structure is in place. 7. Attorneys Fees. If either party hereto commences any action to enforce any provision of this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to damages, equitable or other relief, all costs and expenses incurred, including reasonable attorneys fees. 8. Successors; Assignment. This Agreement will be binding upon and inure to the benefit of the parties' successors hereto. DP shall not assign its rights and obligations hereunder without prior written notice to, and the written consent of, CSJC, and no assignment shall be effective if contrary to the terms of the Policy or the SWD Permit. 9. Waiver. The failure of either party to insist on compliance with any of the terms, covenants or conditions of this Agreement by the other party shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power conferred by this Agreement at any other time or times by a parry be deemed a waiver or relinquishment of that right or power for all or any other times. 10. Severability. If any part of this Agreement is held to be illegal or unenforceable or void for any reason by a court of competent jurisdiction, the entire Agreement shall be deemed invalid, illegal or otherwise unenforceable. 11. Entire Agreement. This Agreement supersedes any and all prior oral or written agreements between the parties with respect to the subject matter herein. 12. Amendment. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in a writing signed by both parties. 13. Notice. Any notice required or permitted to be given hereunder shall be deemed to have been validly given or made only if in writing and when received by the party to whom it is directed by personal service, hand delivery, or United States Mail as follows: If to CSJC: Director of Engineering and Building City of San Juan Capistrano 32400 Paseo Adelanto 5 0 0 San Juan Capistrano, CA 92675 If to DP: Either party may change its address above at any time by written notice to the other. 14. Recitals/Exhibits: Counterparts. The Recitals and Exhibits are incorporated in this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed an original. 15. California Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of California, and any action or proceeding to enforce the terms hereof shall be brought in Orange County, California. 16. Third Party Beneficiary. The parties agree that SOCWA is a third party beneficiary hereunder for purposes of enforcing the indemnity or insurance provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the date first written above. 2 0 APPROVED AS TO FORM: JOHN SHAW, CITY ATTORNEY APPROVED AS TO FORM: (Name), City Attorney • CITY OF SAN JUAN CAPISTRANO DIANE BATHGATE, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CITY OF DANA POINT Mayor ATTEST City Clerk M:\PROMCTS\SAN IUANJ 42\2001 02 NPDES PW. Assisi O B\ .. Point Sw Connexion\C,1-BAW&G V I Rtf 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) www.sanjuancapistrano.org May 22, 2002 • �,, ate„ • ureunnle 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN S. GELFF MATT HAAT DAVID M—SWERDLIN CITY MANAGER GEORGE SCARBOROUGH On May 21, 2002 the City Council of San Juan Capistrano met regarding: "Consideration of an Agreement with City of Dana Point to Convey, Treat, and Dispose Alipaz Diversion Structure Dry Weather Nuisance Flows" Item No. 09 The following action was taken at the meeting: Agreement with the City of Dana Point for the City of Dana Point's use of City Facilities for Interim Diversion of Dry Weather Nuisance flows from Alipaz storm drain approved with minor changes in language and addition of termination clause; and the Mayor authorized to execute the agreement. If you have any questions regarding this action, please contact William M. Huber, Engineering and Building Director at 443-6352 for more detailed information. Thank you, Meg Monahan, CMC City Clerk (949)443-6308 Enclosed: Cc: Paul Schmidbauer, South Orange County Wastewater Authority; William M. Huber, Engineering and Building Director DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www..satijutiiictil)isirtino.org Jtw* 1776 x 1961 v 1776 w • MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN S. GELFF WYATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on May 21, 2002 in the City Council Chamber in City Hall, to consider "Consideration of an Agreement with City of Dana Point to Convey, Treat, and Dispose Alipaz Diversion Structure Dry Weather Nuisance Flows" — Item No. D9 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, May 20, 2002 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member William M. Huber, Engineering and Building Director. You may contact that staff member at (949) 443- 6352 with any questions. Thank you for your interest, V lam' Mg Mo CMC City Cle k (949)44 -6 8 cc: Matthew Sinacori, City of Dana Point; Paul Schmidbauer, South Orange County Wastewater Authority; William M. Huber, Engineering and Building Director * Received staff report DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future s TO: JJR1.h ` FROM:DEPT: CDEPT:SUBJECT: Diew DATE: 'T PRONE EXT. ATTACHED ARE THE FOLLOWING (please describe document, i.e., agreement, contract, rnnm.�4�ni nnrnuman4� (1) For your approval an sigmtuEs-) (2) For your review and comments (3) For your information (4) As requested (5) (A) Keep for your files (B) Wh r ompleted Return To. ' (1 � E Z - (C) Date/Time Needed a CITY ATTORNEY'S COMMENTS: � n w hAT V rr-�-,n 'k,I i 0 MEMORANDUM Pi May 20, 2002 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering ano, ing SUBJECT: City Council Item D9 - Consideration of an Agreement with City of Dana Point to Convey, Treat, and Dispose Alipaz Diversion Structure Dry weather Nuisance Flows The above referenced item is scheduled on the consent calendar for the May 21, 2002 City Council meeting. This agreement, between Dana Point and San Juan Capistrano, was subject to some last minute revisions. Over the weekend, our City Attorney completed his review and approved the agreement. The changes consisted of minor language changes and inclusion of a termination clause. The final document is attached and awaits the City Attorney's signature. It is anticipated that the agreement will be signed before the meeting. The revised document will then be submitted to the Council Members at the meeting. 0 Memorandum: To: Rufus Young, Burke, Williams & Sorensen From: John Shaw, San Juan Capistrano City Attorney Re: Dana Point Agreement Date: May 18, 2002 0 Your latest draft agreement received by this office on May 16, 2002 is now acceptable as to legal form. I will notify appropriate San Juan staff of my determination. Tbank you for your cooperation. Cc: Irene Marcote 1 CITY OF DANA POINT 1 LOW FLOW DIVERSION DEACTIVATION PROTOCOL ' FOR ALL DIVERSION PROJECTS WITHIN CITY LIMITS 1 1 1 1 �f 1 x� «t 1 1 1 1 September 29, 2003 Mr. Michael Dunbar General Manager W South Coast Water District P.O. Box 30205 6 Laguna Niguel, CA 92607-0205 SUBJECT: CITY OF DANA POINT WATER QUALITY DIVERSIONS C11'YWIDE APPROVAL OF OPERATING PROCEDURE AND DESIGNATION OF G' REVISED TERM OF DISCHARGE Dear Mr, Dunbar, V Per our meeting last week, the City is submitting this letter for two purposes as follows: V IN 1. To formally request that South Coast Water District (SCWD) approve the operating procedure prepared by the City of Dana Point for all water quality diversions installed citywide. 2. To request that SCWD allow the City of Dana Point to leave the diversions. active outside the period of April 15th to October 15"' pursuant to the SCWD "Policy for the Acceptance of Dry Weather Diversions (Urban Runoff) into the South Coast Water District Sewer Collection System" which is attached as Attachment A. Relative to Item 1 above, the City has attached as Attachment B two original copies of the operating procedure. Please review the document and if you are in agreement, please sign the document and return one copy to the following: Mr. Matthew Sinacori Deputy City Engineer City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Understand that the maps described in the operating procedure will be provided shortly under separate cover. Relative to Item 2, the City understands that the current agreements with SCWD for the diversion of urban runoff all list the allowable period of April 15th to October 15th. The City is interested in keeping those diversions open for extended periods beyond the allowable period. Keeping these diversions open will not compromise the allowable discharge amounts, as long as the proposed operating procedures are in place. As such, the City has generated an operating procedure (Item 1) to describe how those facilities will be operated. The City does not believe that the agreements need to be revised, but Instead an acknowledgement be signed by both parties for the revised time 33282 Golden Lantern, Dana Point, CA 92629-1805 • (949) 248-3554 • FAX (949) 248-7372 CERTIFICATE OF ACCEPTANCE SOUTH COAST WATER DISTRICT L I 1 C I I 10 10 10 OF DANA POINT October 9, 2003 Mr. William Huber Director of Engineering City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 DEPARTMENT OF PUBLIC WORKS SUBJECT: CITY OF DANA POINT WATER QUALITY DIVERSIONS CITYWIDE APPROVAL OF OPERATING PROCEDURE AND DESIGNATION OF REVISED TERM OF DISCHARGE Dear Mr. Huber, Per our meeting this week and follow up discussions, the City of Dana Point (CDP) is submitting this letter for two purposes as follows: 1. To formally request that the City of San Juan Capistrano (SJC) approve the operating procedure prepared by the City of Dana Point for all water quality diversions installed citywide. 2. To request that SJC allow the CitX of Dana Point to leave the diversions active outside the period of April 15` to October 15"i Relative to Item 1 above, the CDP has attached, as Attachment A, the operating procedure proposed to be utilized to operate diversions citywide. South Coast Water District (SCWD) has agreed that the operating procedure is acceptable and has allowed the CDP to divert urban runoff year round. Please review the document and if you are in agreement, please sign the document and return it to the following: Mr. Matthew Sinacod Deputy City Engineer City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Once fully executed, the CDP will provide copies to your office. Relative to Item 2, the City understands that the current agreements with SJC for the diversion of urban runoff all list the allowable period of April 15th to October 15th. The City is interested in keeping those diversions open for extended periods beyond the allowable period. Keeping these diversions open will not compromise the allowable discharge amounts, as long as the proposed operating procedures are in place. As such, the City has generated an operating procedure (Item 1) to describe how those facilities will be operated. The City does not believe that the agreements need to be revised, but instead an acknowledgement be signed by both parties for the revised time 33282 Golden Lantern, Dana Point, CA 92629-1805 • (949) 248-3554 • FAX (949) 248-7372 City of San Juan Capistrano W. William Huber Page 2 of 7 ' period. Therefore, attached as Attachment B, is an acknowledgement of the modified allowable time period for diversion. ' The City of Dana Point appreciates the consideration that has been provided to date relative to the issues herein, and looks forward to a continued working relationship with both SJC and the South Orange County Wastewater Authority. ' If you should have any questions or comments, please contact Matthew Sinacori, Deputy City Engineer, at (949) 248-3574. ' Sincerely, Lawrence D. Pierce, P.E. Interim Director of Public Works and Engineering Services ' cc: Mr. Paul Schmidtbauer, SOCWA 1 11 11 11 11 11 South Coast Water District Mr. Michael Dunbar Page 2 of 10 period. Therefore, attached as Attachment C, is an acknowledgement of the modified allowable time period for diversion. The City of Dana Point appreciates the consideration that has been provided to date relative to the issues herein, and looks forward to a continued working relationship with both South Coast Water District and the South Orange County Wastewater Authority. If you should have any questions or comments, please contact Matthew Sinacori, Deputy City Engineer, at (949) 248-3574. Sincerely, Lawrence D. Pierce, P.E. Interim Director of Public Works and Engineering Services cc: Mr. Paul Schmidtbauer, SOCWA I 1 1 ' POLICY FOR ACCEPTANCE OF DRY WEATHER ' DIVERSIONS (URBAN RUNOFF) INTO THE I I I I SOUTH COAST WATER DISTRICT SEWER COLLECTION SYSTEM South Coast Water District Mr. Michael Dunbar Page 3 of 10 ' Attachment A POLICY FOR THE ACCEPTANCE OF DRY WEATHER DIVERSIONS (URBAN RUNOFF) INTO THE SOUTH COAST WATER DISTRICT SEWER COLLECTION SYSTEM i No person or agency shall discharge urban runoff, directly or indirectly, to the District's sewer collection system during wet weather. Wet weather Is defined as any day of rein or previous day of rain. The District may accept urban runoff Into the sewer collection system during dry weather conditions provided that the discharger meets the following requirements: A. REQUIREMENTS FOR OBTAINING A SPECIAL CLASS IV WASTE DISCHARGE PERMIT 1. The dry weather urban runoff diversion to the sewer collection system shall address a public health or environmental problem associated with the runoff discharge that cannot be economically or practically controlled. 2. The dry weather diversion system must contain an automatic shutoff mechanism or device that will prohibit storm water from entering the sewer collection system. The applicant must provide plans, specifications, and/or other engineering drawings to demonstrate to the satisfaction of the District that storm water would not enter its system. The control of these diversions will be the responsibility of the entity providing for the diversion. District personnel must have access to the systemJfacility at all times. 3. Before any diversions are allowed, the applicant must obtain a Class IV Special Waste Discharge Permit from the District. Each storm drain or other point of diversion shall be required to have a permit. The permit will set forth the limits and costs of the dry weather diversions. These permits will be for a five (5) year renewable period, subject to District review. As part of the permit process, the applicant will be required to submit an initial report that outlines the water quality/fiow quantity, of the diversions and the method of diverting the urban runoff to the sewer collection system. z 1 n I 71 111 A South Coast Water District Mr. Michael Dunbar Page 4of10 Memamndum ' c 4. A water quality analysis of the urban runoff shall be submitted as part of the requirements of the Special Class IV permit. This report of the water quality shall be acceptable to the District's wastewater treatment provider. South Orange County Water Authority (SOCWA). S. The applicant shall provide as part of the report a section that quantifies the amount of the urban runoff. This initial report shall include a measurement of the flow over a two (2) week period. The measurement shall be from a recognized, certified testing method. Flow estimations will only be accepted by written request of the applicant to the General vManager, subject to his approval. - '6. Flow monitoring and water quality testing shall be conducted on a periodic basis. For diversions less than 10,000 gallons per day, periodic flow monitoring and testing shall be required on a quarterly basis. For diversions of more than 10,000 gallons per day, flow monitoring and water qualify testing shall be conducted on a monthly basis. The permittee shall demonstrate this flow with actual test data over a two (2) week period. The water quality testing shall consist of a water quality analysis as set forth in the permit. This flow monitoring and water quality analysis shall consist of a written report that shows the flow diverted and the water quality results. This report shall be submitted to the District for review by the General Manager or his/her designee. The General Manager or his/her designee may lessen this requirement after the permittee has diverted urban runoff for a period of two (2) years. 7. Each applicant will be charged a fee of $500, to process the Special Class IV permit. This will be an initial fee and will be charged at each renewal. This fee covers the administration for the permit and the review of the diversion system. The fee will be collected by the District. 8. The applicant would be responsible for the maintenance and operation of the diversion system/structure. District personnel will not be responsible for any operation or maintenance of the applicant's system. 9. The applicant shall indemnify and hold the District harmless from all r liability associated with these urban runoff diversions. The terms of this indemnification shall be acceptable to (he District counsel, 10. If the quality/quantity of the diverted urban runoff causes damage to the District's sewer collection system or the SOCWA treatment system, or if 3 South Coast Water District Mr. Michael Dunbar Page 5 of 10 Memorandum_ the divertev urban runoff is unacceptable to SOCN/A due to its policies and procedures, the District has the right to discontinue and prevent further diversions. After the applicant corrects the problem, the applicant may reapply to continue the diversions, subject to District and/or SOCWA review and approval. Additional fees and monitoring requirements may be imposed on the applicant. 11. The District incurs costs for both sewer collection and treatment of its wastewater. Diversions that have a quantity of less than 10,000 gallons per day and originate entirely within the District's service area will not be charged additionalfeesfor the collection and treatment of the diverted urban runoff. Diversions that have a quantity greater than 10,000 gallons per day and/or diversions that originate outside the District's service area shall be charged a total of $4,000 per million gallons of diverted urban runoff. If there is no flow monitoring system to measure the flow, District staff will estimate the flow and charge the applicant accordingly. ` 12. Because the District has limited available capacity for urban runoff diversions, priority will be given to the District's service areas. The District reserves the sole right to accept or deny urban runoff diversions. 13. The applicant shall provide to the District access at all times to the diversion aystem/structure. This shall not be construed as an obligation of the District or its employees for the operation and maintenance of the system. 14. The applicant shall have the complete and sole responsibility for the construction of the diversion system/structure. The District shall review and approve the method of the diversion into the sewer collection system. The diversion system shall include an automatic mechanism that shuts off the system during storm (rain) events. Any damage, cleanup and/or fines that may be incurred by the District from the failure of the diversion system shall be the responsibility of the applicant. 15. The diversion of urban runoff shall not be deemed a vested right. Each diversion shall be for a period of five (5) years unless otherwise terminated in accordance with this policy. The diversion can be renewed at the end of the five (5) year period, subject to change after District review and approval. 4 SOUTH COAST WATER DISTRICT LOW FLOW DIVERSION PROTOCOL I 11 II South Coast Water District Mr. Michael Dunbar Page 6 of 10 Attachment B CITY OF DANA POINT LOW FLOW DIVERSION DEACTIVATION PROTOCOL FOR ALL LOW FLOW DIVERSION PROJECTS WITHIN CITY LIMITS The following protocol shall apply to all low flow diversion projects owned and operated by the City of Dana Point: If, at any time, precipitation occurs within the watersheds that flow into the City of Dana Point, the Streets Manager shall notify the Public Works Maintenance Supervisor to deactivate all low flow diversions. In the event that the Streets Manager and the Public Works Maintenance Supervisor are unavailable, the Deputy City Engineer shall be notified and assume responsibility for the deactivation of the low flow diversions. In the event of an emergency or if all of the aforementioned parties are unavailable, South Coast Water District shall be notified and will assist in deactivation of the low flow diversions until one of the aforementioned parties becomes available. Four valve keys specifically designed for the diversion shut-off valves, shall be distributed and made available at all times. One shall be distributed to the Streets Manager and be stored in the Streets Manager's Office at the City of Dana Point. One shall be distributed to the Public Works Maintenance Supervisor and shall be stored in the County yard office at the City of Dana Point. One shall be distributed to South Coast Water District and be stored at the district yard. One shall be distributed to the Construction Management Department and stored in the main construction management office at the City of Dana Point. One vault key designed to access all of the vaults in which the diversion valves are located, shall also be distributed to each of the aforementioned parties and made available at all times. During normal work hours, Monday through Friday 8:00am to 5:00pm, the Streets Manager shall monitor the daily weather forecast for the City of Dana Point from the National Weather Service or from www.weather.com. Based on the daily forecast for precipitation, the protocol shall be as follows: • During normal work hours, Monday through Friday 8:00am to 5:00pm, if the chance of precipitation is 20% or greater, the Streets Manager shall notify the Public Works Maintenance Supervisor of a standby status. • During normal work hours, Monday through Friday 8:00am to 5:00pm, if the ' chance of precipitation is 40% or greater, the Streets Manager shall notify the Public Works Maintenance Supervisor to deactivate all low flow diversions. • During the normal work week, Monday through Friday, at 3:00pm, if the chance of precipitation is 30% or greater, the Streets Manager shall notify the Public Works Maintenance Supervisor to deactivate all low flow diversions until the following work day. If at the beginning of the following work day the chance of precipitation is less than 30%, the Streets Manager shall notify the Public Works ' Maintenance Supervisor to activate all low flow diversions. If at this time, the chance of precipitation is greater than 20%, the Public Works Maintenance Supervisor shall also remain on standby until further notice from the Streets ' Manager South Coast Water District Mr. Michael Dunbar Page 7 of 10 On Fridays, or work days prior to a holiday, if at the end of the work day the chance of precipitation is 20% or greater, the Streets Manager shall notify the Public Works Maintenance Supervisor to deactivate all low flow diversions. The Streets Manager shall monitor the local weather forecast during the weekend or holiday and may notify the Public Works Maintenance Supervisor to activate the diversions if the chance of precipitation decreases to less than 20%. The low flow diversion shall remain deactivated for a minimum of two days after a rain event or until the flow in the creek/storm drain drainage course returns to normal, dry weather conditions. Deactivation of current low flow diversions shall occur in the following order: 1. Alipaz Storm Drain Project, located just north of Quail Run on Sycamore Creek Trail, approximately 100 feet west of San Juan Creek in a utility vault. 2. North Creek Storm Drain Project, located approximately 200 feet north of the intersection of Dana Point Harbor Drive and Street of the Park Lantern on the west side of Dana Point Harbor Drive, in a utility vault. 3. Del Obispo Storm Drain Project, located behind the Dana Point Community Center at 34052 Del Obispo Street, in Del Obispo Park, at the east end of the Del Obispo Channel on the north side of the channel, in a utility vaults. 4. Urban Runoff Diversion, eight locations along Pacific Coast Highway in utility vaults. All low flow diversions not listed here shall be deactivated after the aforementioned. Any additional protocol measures and/or notification of action to activate or deactivate low flow diversions shall first be directed to the Streets Manager. Contact information for all responsible parties is listed below: NAME TITLE AGENCY CONTACT PHONE Rick Rudometkin Streets Manager City of Dana Point (949) 248-3589 (949) 337-0520 Public Works (949) 337-0410 Joe Hernandez Maintenance City of Dana Point (949) 661-3487 Supervisor Matthew Sinacori Deputy City City of Dana Point (949) 248-3574 Engineer (949) 289-0402 Phil Martinez/ On Call Staff Information / Emergency South Coast Water District (949) 499-4555 1 ' South Coast Water District Mr. Michael Dunbar Page 9 of 10 CITY OF DANA POINT LOW FLOW DIVERSION DEACTIVATION PROTOCOL FOR ALL LOW FLOW DIVERSION PROJECTS WITHIN CITY LIMITS SUMMARY Diversion status based on percent chance of precipitation %+ Active Active Active Active Active/Standby Active/StandbV Deactivate Deactivate Active/Standby Deactivate Deactivate Deactivate Deactivate Deactivate Deactivate Deactivate creekldjis!"ge,course it Reactivate Reactivate Reactivate Reactivate "PPI Mel Contact information in order of chain of command South Coast Water District Mr. Michael Dunbar Page 8of10 This protocol is approved and made effective this Approved: Lawrence D. Pierce Interim Director of Public Works City of Dana Point I 1 1 1 2 `? fir� day of September 2003 by: Michael P. Dunbar General Manager South Coast Water District I 1 1 1 CITY OF SAN JUAN CAPISTRANO LOW FLOW DIVERSION PROTOCOL I I I I I I I I I I I I City of San Juan Capistrano Mr. William Huber Page 3 of 7 Attachment A CITY OF DANA POINT LOW FLOW DIVERSION DEACTIVATION PROTOCOL FOR ALL LOW FLOW DIVERSION PROJECTS WITHIN CITY LIMITS The following protocol shall apply to all low flow diversion projects owned and operated by the City of Dana Point: If, at any time, precipitation occurs within the watersheds that flow into the City of Dana Point, the Streets Manager shall notify the Public Works Maintenance Supervisor to deactivate all low flow diversions. In the event that the Streets Manager and the Public Works Maintenance Supervisor are unavailable, the Deputy City Engineer shall be notified and assume responsibility for the deactivation of the low flow diversions. In the event of an emergency or if all of the aforementioned parties are unavailable, South Coast Water District shall be notified and will assist in deactivation of the low flow diversions until one of the aforementioned parties becomes available. Four valve keys specifically designed for the diversion shut-off valves, shall be distributed and made available at all times. One shall be distributed to the Streets Manager and be stored in the Streets Manager's Office at the City of Dana Point. One shall be distributed to the Public Works Maintenance Supervisor and shall be stored in the County yard office at the City of Dana Point. One shall be distributed to South Coast Water District and be stored at the district yard. One shall be distributed to the Construction Management Department and stored in the main construction management office at the City of Dana Point. One vault key designed to access all of the vaults in which the diversion valves are located, shall also be distributed to each of the aforementioned parties and made available at all times. During normal work hours, Monday through Friday 8:00am to 5:00pm, the Streets Manager shall monitor the daily weather forecast for the City of Dana Point from the National Weather Service or from www.weather.com. Based on the daily forecast for precipitation, the protocol shall be as follows: During normal work hours, Monday through Friday 8:00am to 5:00pm, if the chance of precipitation is 20% or greater, the Streets Manager shall notify the Public Works Maintenance Supervisor of a standby status. During normal work hours, Monday through Friday 8:00am to 5:00pm, if the chance of precipitation is 40% or greater, the Streets Manager shall notify the Public Works Maintenance Supervisor to deactivate all low flow diversions. During the normal work week, Monday through Friday, at 3:00pm, if the chance of precipitation is 30% or greater, the Streets Manager shall notify the Public Works Maintenance Supervisor to deactivate all low flow diversions until the following work day. If at the beginning of the following work day the chance of precipitation is less than 30%, the Streets Manager shall notify the Public Works Maintenance Supervisor to activate all low flow diversions. If at this time, the chance of precipitation is greater than 20%, the Public Works Maintenance Supervisor shall also remain on standby until further notice from the Streets Manager. i 1 L�' City of San Juan Capistrano Mr. William Huber Page 4 of 7 On Fridays, or work days prior to a holiday, if at the end of the work day the chance of precipitation is 20% or greater, the Streets Manager shall notify the Public Works Maintenance Supervisor to deactivate all low flow diversions. The Streets Manager shall monitor the local weather forecast during the weekend or holiday and may notify the Public Works Maintenance Supervisor to activate the diversions if the chance of precipitation decreases to less than 20%. The low flow diversion shall remain deactivated for a minimum of two days after a rain event or until the flow in the creek/storm drain drainage course returns to normal, dry weather conditions. Deactivation of current low flow diversions shall occur in the following order: 1. Alipaz Storm Drain Project, located just north of Quail Run on Sycamore Creek Trail, approximately 100 feet west of San Juan Creek in a utility vault. 2. North Creek Storm Drain Project, located approximately 200 feet north of the intersection of Dana Point Harbor Drive and Street of the Park Lantern on the west side of Dana Point Harbor Drive, in a utility vault. 3. Del Obispo Storm Drain Project, located behind the Dana Point Community Center at 34052 Del Obispo Street, in Del Obispo Park, at the east end of the Del Obispo Channel on the north side of the channel, in a utility vaults. 4. Urban Runoff Diversion, eight locations along Pacific Coast Highway in utility vaults. All low flow diversions not listed here shall be deactivated after the aforementioned. Any additional protocol measures and/or notification of action to activate or deactivate low flow diversions shall first be directed to the Streets Manager. Contact information for all responsible parties is listed below: NAME TITLE AGENCY CONTACT PHONE Rick Rudometkin Streets Manager City of Dana Point (949) 248-3589 (949) 337-0520 Joe Hernandez Public Works Maintenance City of Dana Point (949) 33 33 7-0410 Supervisor (949) -3487 Matthew Sinacori Deputy City Engineer City of Dana Point (949) 248-3574 (949) 289-0402 Phil Martinez/ On Call Staff Information / Emergency South Coast Water District (949) 499-4555 I City of San Juan Capistrano Mr. William Huber Page 5 of 7 This protocol is approved and made effective this /SJMday of October, 2003 by: Approved: Lawrence D. Pierce Interim Director of Public Works City of Dana Point William Huber Director of Engineering City of San Juan Capistrano City of San Juan Capistrano Mr. William Huber Page 6of7 CITY OF DANA POINT LOW FLOW DIVERSION DEACTIVATION PROTOCOL FOR ALL LOW FLOW DIVERSION PROJECTS WITHIN CITY LIMITS SUMMARY Diversion status based on percent chance of precipitation Contact information in order of chain of command I I CERTIFICATE OF ACCEPTANCE ' CITY OF SAN JUAN CAPISTRANO I I I I r I I I I Attachment B ' CERTIFICATE OF ACCEPTANCE ' THIS IS TO CERTIFY that the City of San Juan Capistrano ("SJC") and the City of Dana Point ("DP") hereby mutually agree to the following: 1. All water quality diversions are allowed to remain active year round as ' long as DP adheres to the adopted operations procedure. 2. DP shall document daily activities to comply with the operating procedure ' in the form of a log. SJC can request the log at any time for review. 3. DP shall document any time that the operating procedure was not followed, and excess flows end up in the SJC sewer system as a result. 4. DP shall terminate diversion in the winter months (October 15th to April ' 15th), if DP does not adhere to the operating procedures, and following two occasions of excess flow (from a storm event) entering the sewer system as lack a result of of adherence to the operating procedures. Once wet season ' diversion is no longer authorized, the remainder of the agreement (dry diversion) weather shall remain authorized per the original agreement. Operating procedures shall be followed during dry weather diversion, in case of any possible rain event. ' 5. Accounting Procedure: The CDP a. will continuously monitor and account for all flows diverted. This means that daily flow rates and volumes will be recorded for submittal to SJC. b. The CDP will pay SJC on a quarterly basis based on actual flows diverted and on the following cost per gallon: ' 1) FY2002/2003: $0.00114/gal 2) FY2003/2004: $0.00126/gal ' 3) FY2004/2005: $0.00138/gal 4) FY2005/2006: $0.00152/gal 5) FY2006/2007: $0.00167/gal Attachment B Page 2 of 2 c. CDP will provide SJC at the end of every quarter, within 15 days of the completion of the quarter, flow and volume data of the completed quarter. SJC will invoice CDP within 30 days of receipt of the data. CDP shall pay SJC within 45 as described in the original agreement. d. All other components of Section 4 of the Original Agreement than those changed herein shall remain in full effect. CITY OF DANA POINT DATED: G %% B3 By: s Name: RdtiIJz12CZ Its: ` TV6L t e, CAX*S oe r 'L ►Let rtK� CITY OF SAN JUAN CAPISTRANO DATED: 149 d3 By: l/I/u • /// fc� Name: /i4u�ri /!% fiuBcsC Its:.Q/ F4y—* oP A9*A-9 I f-g&e m4l`Yy/en I 1 1 1 1 I I I I I I I I I I I I I Alipaz Storm Drain Project Alipaz Storm Drain Project ProieCt Location/Description The project is located just north of Quail Run on Sycamore Creek Trail. The shut-off valve is approximately 100 feet west of San Juan Creek in a utility vault. v�TUNA DR. z o � m WMDHAM PERCH DR' e DR. a n_ W. a R iSHER�gNs i DR. Q S J ' PROJECT r LOCATION �� U Location Map ti';4 34 :. ���y� F � ss¢r13.t vW� }.iwaoAi^Wid+ „Ay � _ u,.• .®�._w, I I I I I I 11 II 11 II II 11 I North Creek Storm Drain Project 1 North Creek Project ' Proiect Location/Description ' The project is located at the corner of Dana Point Harbor Drive and Street of the Park Lantern. The shut-off valve is located on the north side of the street, approximately 10 feet east of the utility vault for the wet well pump controls. U 1 11 1 Location Map A Q ERI,21-2'77777 7 Zia I II 11 11 11 I Del Obispo Storm Drain Project Del Obispo Storm Drain Project Proiect Location/Description The project is located behind the Dana Point Community Center at 34052 Del Obispo Street., in Del Obispo Park. The shut-off valve is at the east end of the Del Obispo Channel on the north side of the channel. Location Map I 1 At Del Obispo Storm Drain, photo looking towards shut-off valve 11 11 11 II II Urban Runoff Diversion Project Urban Runoff Diversion Project Locations of Eight Outlets on Pacific Coast Highway Location Map ' Urban Runoff Diversion Project Outlet Number 1 ' LocationJDescription: ' Approximately 20' north of 34512 '/2 Pacific Coast Highway (above ground utility vault) on the east side. Located inside an 8" sewer cover painted fluorescent red. On Pacific Coast Highway, at shut-off valve for Inlet ' Number 1, photo looking north µ xe '3i. �d 1 li av On Pacific Coast Highway, photo looking northeast towards 8" sewer cover Urban Runoff Diversion Project Outlet Number 2 Location/Description: Approximately 20' north of Olamendis Mexican Cuisine at 34660 Pacific Coast Highway on the east side. Inside 8" sewer painted fluorescent red. On Pacific Coast Highway, photo looking north towards 8" sewer cover On Pacific Coast Highway, photo looking south towards 34660 Pacific Coast Highway Urban Runoff Diversion Project Outlet Number 3 Location/Description: North of Palisades Drive along beach access road. Approximately 300' north of Lifeguard Tower Number 6 and directly across from the South Coast Water District Maintenance Facility. Located on the fence line inside an 8" sewer cover painted fluorescent red. On Beach Road, photo looking northwest towards SCWD Maintenance Facility On Beach Road, photo looking northeast towards 8" sewer cover Urban Runoff Diversion Project Outlet Number 4 Location/Description: On Beach Road in line with the County's storm drain outlet which outlets onto the Capistrano Beach, approximately 200' north of the basketball courts. Located on the east side of the street in 8" sewer, painted fluorescent red. On Beach Road, photo looking east at 8" sewer cover On Beach Road, standing at 8" sewer, looking east towards Metrolink tracks Urban Runoff Diversion Project Outlet Number 5 Location/Description: At 35355 Beach Road (currently under construction), one lot south of 35351 Beach Road, on the west side of the street. The most northerly of the two 8" water valve covers, painted fluorescent red. On Beach Road, photo looking southwest at 35355 Beach Road On Beach Road, photo looking south at 8" water valve cover for Inlet Number 5 Fi Urban Runoff Diversion Project Outlet Number 6 Location/Description: Across from 35595 Beach Road in a parking stall. Located in 8" sewer painted fluorescent red. On Beach Road, photo looking east at parking stall. On Beach Road, photo looking southwest at 35595 Beach Road Urban Runoff Diversion Project Outlet Number 7 Location/Description: Across from 35655 Beach Road in a parking stall. Located in 8" sewer, painted fluorescent red. On Beach Road, photo looking west at 35655 Beach Road On Beach Road, photo looking east at parking stall Urban Runoff Diversion Project Outlet Number 8 Location/Description: At 35787 Beach Road on the east side. Located in 8" water valve cover, painted fluorescent red. On Beach Road, photo looking north On Beach Road, photo looking south