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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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:
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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
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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
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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
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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
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' POLICY FOR ACCEPTANCE OF DRY WEATHER
' DIVERSIONS (URBAN RUNOFF) INTO THE
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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.
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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.
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SOUTH COAST WATER DISTRICT
LOW FLOW DIVERSION PROTOCOL
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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
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' 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
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Michael P. Dunbar
General Manager
South Coast Water District
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CITY OF SAN JUAN CAPISTRANO
LOW FLOW DIVERSION PROTOCOL
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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.
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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
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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
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CERTIFICATE OF ACCEPTANCE
' CITY OF SAN JUAN CAPISTRANO
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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
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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.
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PROJECT r
LOCATION ��
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Location Map
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North Creek Storm Drain Project
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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.
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Location Map
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ERI,21-2'77777 7
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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
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At Del Obispo Storm Drain, photo looking towards
shut-off valve
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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.
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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