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1983-1109_SERRA_AgreementAB: fs 9/29/83 • Final AGREEMENT BETWEEN SOUTH EAST REGIONAL RECLAMATION �fl AUTHORITY ("SERRA") ON BEHALF OF PROJECT COMMITTEE NO. 19 AND PARTICIPATING MEMBER AGENCIES OF PROJECT COMMITTEE NO. 19 RELATIVE TO EXPANSION OF J.B. LATHAM REGIONAL TREATMENT PLANT qA THIS AGREEMENT IS MADE AND ENTERED INTO this 15b} oEMvm6v wkt Day of bee, 1983, by and between the SOUTH EAST REGIONAL RECLAMATION AUTHORITY on behalf of Project Committee No. 19 ("SERRA"), a Joint Powers Agency created by that certain Joint Powers Agreement entitled, "JOINT EXERCISE OF POWERS AGREEMENT CREATING SOUTH EAST REGIONAL RECLAMATION AUTHORITY OF ORANGE COUNTY, CALIFORNIA ("SERRA")", dated March, 1970 (hereinafter in some instances referred to as "SERRA") and two or more of the following.parties which executed this Agreement on or before October 15, 1983: a. City of San Clemente b. Dana Point Sanitary District C. Capistrano Beach Sanitary District d. City of San Juan Capistrano e. Moulton -Niguel Water District f. Santa Margarita Water District The foregoing parties to this Project Committee Agreement are the Participating Member Agencies of SERRA for Project Committee No. 19 (hereinafter in some instances referred to as "the Participating Member Agencies"). W I T N E S S E T H: WHEREAS, the Board of Directors of the SOUTH EAST REGIONAL RECLAMATION AUTHORITY ("SERRA") at its meeting on September 8, 1983, did adopt Resolution No. 83-10 entitled "RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTH EAST REGIONAL RECLAMATION AUTHORITY ESTABLISHING PROJECT COMMITTEE NO. 19 RE INVESTIGATION OF FEASIBILITY OF EXPANDING THE JAY B. LATHAM REGIONAL TREATMENT PLANT"; and WHEREAS, Resolution No. 83-10 of the Board of Directors of SERRA did set forth as the purposes of Project Committee No. 19 the investigation of the feasibility of ex- panding the J.B. Latham Regional Treatment Plant, including certain matters further delineated in such Resolution; and WHEREAS, the proposed Participating Member Agencies of Project Committee No. 19 included the City of San Clemente, Dana Point Sanitary District, Capistrano Beach Sanitary Dis- trict, City of San Juan Capistrano, Moulton -Niguel Water District, and Santa Margarita Water District; and WHEREAS, Resolution No. 83-10 did set forth and approve a Project Budget for Project Committee No. 19 in the amount of $150,000, which heretofore or concurrent herewith has been approved by each party to this Project Agreement; and WHEREAS, it is the desire of SERRA on behalf of Project Committee No. 19 and two or more of the above described proposed Participating Member Agencies of Project Committee No. 19 to enter into a Project Agreement on or before October 15, 1983, for the accomplishment of the purposes set forth in Resolution No. 83-10; -2- 0 NOW, THEREFORE, the parties to this Project Agree - ment in consideration of the terms, conditions and covenants hereinafter set forth do agree as follows: Section 1. SERRA on behalf of Project Committee No. 19 agrees to initiate and diligently pursue to completion engineering and feasibility studies including, but not by way of limitation, preparation of an Environmental Impact Report ("EIR") in accordance with the provisions of the California Environmental Quality Act ("CEQA") to consider the feasibility of expanding the J.B. Latham Regional Treatment Plant within the boundaries of the site presently owned by SERRA for such purpose and to obtain any permits or regulatory approvals required in regard to the design, construction, operation and maintenance of any facilities to be constructed in the event of expansion of the J.B. Latham Regional Treatment Plant and to prepare any needed project agreements in regard to any possible expansion of the J.B. Latham Regional Treatment Plant. Section 2. It is agreed subject to the approval by each of the parties to this Project Agreement to subsequently enter into one or more amendments to this Project Agreement to provide for design and construction of such additional facilities, if any, as are subsequently agreed to be constructed by Project Committee No. 19 including interim or permanent use thereof by the Participating Member Agencies of Project -3- Committee No. 19 . Section 3. The Participating Member Agencies of Project Committee No. 19 each agree to pay in equal shares all of the costs that SERRA incurs on behalf of Project Committee No. 19 in accomplishing the various items herein- above described in Section 1 of this Agreement. Provided, however, in no event shall the total cost thereof to be borne by the Participating Member Agencies of Project Committee No. 19 unless otherwise agreed by each party to the Project Agreement exceed the total of $150,000. Section 4. Any Participating Member Agency.may withdraw from Project Committee No. 19 by giving written notice to SERRA and each then Participating Member Agency of Project Committee No. 19 of its intention to do so thirty (30) consecutive days in advance of the date of withdrawal. In such event no further obligations incurred by SERRA on behalf of Project Committee No. 19 shall be chargeable to a Participating Member Agency who has withdrawn. However, all costs incurred prior to the effective date of such withdrawal shall be charged to and payable by such withdrawing Participating Member Agency and may be charged against any deposits that have been made by any such withdrawing Par- ticipating Member Agency with SERRA for the benefit of Project Committee No. 19. Section 5. It is further agreed that at such time as a project for the expansion, if any, of the J.B. Latham -4- • Regional Treatment Plant is in fact accomplished that all costs incurred in regard thereto shall be allocated on a fair and equitable basis as to all facilities for treatment of liquids and solids to be delivered to the J.B. Latham Regional Treatment Plant for treatment and disposal on the -basis pursuant to which the capacity in any such additional facilities constructed at that time are allocated. Section 6. The offer by SERRA on behalf of Project Committee No. 19 to enter into this Project Agreement shall be open to all Participating Member Agencies to accept through and inclusive of October 15, 1983. Amendments to this Project Agreement or addition of Participating Member .-Agencies subsequent to October 15, 1983, shall take the consent of all parties to this Agreement by the required vote of the governing body of each Participating Member Agency and SERRA. Section 7. Any dispute arising out of or related to the matters set forth in this Agreement shall be resolved by means of arbitration pursuant to the terms and provisions therefor set forth in the Joint Powers Agreement pursuant to which SERRA was established. Section S. On or before November 1, 1983, each Participating Member Agency of Project Committee No. ].9 shall deposit with SERRA its equal share of the Project Budget of Project Committee No. 19. -5- IN WITNESS WHEREOF, this Agreement is entered into by the parties to this Project Agreement on the date first hereinabove written. ATTEST: City Clerk City of San Clemente It_/ SOUTH EAST REGIONAL RECLAMATION AUTHORIT By UHF/re%sid-ent By '��/ L�/�GLLI. �% (�U✓�u Secretary CITY OF SAN CLEMENTE By Mayor DANA POINT SANITARY DISTRICT ON EM. CAPISTRANO BEACH SANITARY DISTRICT By President By Secretary CITY OF Lm - ATTEST: City gzlgrrk City of San Juan Capistrano JUAN CAPISTRANO y AttcearLy MOULTON-NIGUEL WATER DISTRICT By residen Secretary SANTA MARGARITA WATER DISTRICT � president By {�sc7, fjecr tary -7- Aft SAN April 20, 1984 Aliso Water Management Agency 25411 Cabot Road, Suite 209 Laguna Hills, California 92653 Re: Agreement, Project Committee No. 19 Sanitary Plant Expansion (SERRA) Gentlemen: At their meeting of April 17, 1984, the City Council took action to approve in concept the Agreement for the City's' participation of $3.6 million in Project Committee No. 19, Treatment Plant Expansion - 3 MGD. If you have any questions, please don't hesitate to call. Very truly yours, Oe MARY ANN NOVER, CMC City Clerk MAH/mac cc: Director of Public Works • 0 DIRECTOR OF PUBLIC WORKS 1. APPROVAL OF AGREEMENT, PROJECT COMMITTEE NO. 19 - SANITARY (38) Written Communications: (79) Report dated April 17, 1984, from the Director of Public Works, forwarding an agreement for City participation in the expansion of the existing SERRA Treatment Plant to accommodate 3 MGD of liquids treatment. The agreement will consolidate the desired capacity of Moulton Niguel Water District, Dana Point Sanitary District, and the City. Total cost of the project is estimated at $6 million; the City's share would be $3.6 million. The report advised that the City has already participated in the initial project budget at $25,000. The Director of Public Works advised that an additional modification had been made to the agreement and suggested approval in concept. Approval ofAgreement: It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to approve in concept the agreement for the City's participation in Project Committee No. 19, Treatment Plant Expansion - 3 MGD., Z/// 7/8c,/ AGENDA ITEM April 17, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Agreement, Project Committee No. 19 - Sanitary Plant Expansion SITUATION Following numerous meetings and revisions to the creation of a project to expand the existing SERRA site, the attached agreement has been developed. It is the intent of this agreement to consolidate the desired capacity of its participants, Moulton Niguel Water District, Dana Point Sanitary District and the City of San Juan Capistrano to accommodate 3 MGD of liquids treatment. The capacities acquired in this expansion will be distributed as follows: COMMISSION Not applicable SJC 1.8 MGD 60% DPSD .7 MGD 23.33% MNWD .5 MGD 16.67% 3.0 MGD 100% REVIEW, RECOMMENDATION FINANCIAL CONSIDERATIONS The total cost of this project is estimated to be approximately $6 million. The City's share of these costs would then be $3.6 million. Monies for this project would be obtained from connection fees and sewer user charges over the next several years. The City has already participated in the initial project budget at $25,000. These monies are currently being expended to develop the agreement and define the scope of work and initial engineering needed prior to final project approval. ALTERNATE ACTIONS 1. Adopt the agreement for the City's participation in Project Committee No. 19 (Treatment Plant Expansion - 3 MGD.) 2. Do not adopt the agreement. 3. Refer to staff for additional information. FOR CITY COUNCIL AGENDA .. rI n SERRA PC#19 -2- April 17, 1984 RECOMMENDATION By motion, adopt the agreement for the City's participation in Project Committee No. 19, Treatment Plant Expansion - 3 MGD. Respectfully submitted, W. D. Murphy WDM:CSF/rem Encl. A PUBLIC AGENCY 25411 CABOT ROAD, SUITE 209 LAGUNA HILLS, CA 92653 (714)770-6296 LETTER OF TRANSMITTAL DATE: November 21, 1983 TO: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTENTION: City Clerk FEC71VED Na Zi ii 49 �M'63 SUBJECT: Agreement Between SERRA on Behalf of Project Committee No. 19 and Participating Member Agencies of Project Committee No. 19 Relative to Expansion of J.B. Latham Regional Treatment.Plant We are X enclosing returning sending under separate cover One fully executed copy of the subject Agreement. Sent for your: Approval Signature Remarks: FROM: r.\ Use X File Diana Dreier Administrative Assistant Status: Preliminary Revised COPIES TO: Approved Released CAPISTRANO BEACH SANITARY DISTRICT - DANA POINT SANITARY DISTRICT . MOULTON-NIGUEL WATER DISTRICT - CITY OF SAN CLEMENTE - CITY OF SAN JUAN CAPISTRANO - SANTA MARGARITA WATER DISTRICT iZ400 PAZIm AOG' A-7TC� t d SAN JLW'WCAPtSTRAf10. CALLFd RIMA 92675 PNO'NE�493;117,' r y ; h a. s October 7, 1983 Aliso Water Management District 25411 Cabot Road, Suite 209 Laguna Hills, California 92653 Re: Project Committees Nos. 17 and 19 - Agreements Gentlemen: At their meeting of October 6, 1983, the City Council took action to approve the SERRA agreements for the following: 1. Project Committee 17, Ocean Discharge Waiver, including authorization for an expenditure of $28,000; and, 2. Project Committee 19, Feasibility of SERRA Plant Expansion, including authorization for an expenditure of $25,000. Copies of the Project Committee 19 agreement were executed by the City and are enclosed. Please return one fully -executed copy to my office. Thank you for your cooperation. Very truly yours, 1 MARY ANN 7ANOVER, CMC City Clerk MAH/cj Enclosures cc: Director of Public Works 3. APPROVAL OF AGREEMENT, PROJECT COMMITTEE NO. 19 FEASIBILITY STUDY FOR PLANT EXPANSION (SERRA)(38-#442) (79) Written Communications: Report dated October 6, 1983, from the Director of Public Works, forwarding an agreement to begin feasibility studies for expanding the existing SERRA Treatment Plant on behalf of Project Committee 19. The initial budget for the Committee is $150,000; the City's participatory share for the initial phase of the expansion project is $25,000. The Director of Public Works advised that expansion of the Plan will provide for the City's ultimate capacity. He noted that the City has until October 15th to enter into the agreement and funds for participation must be deposited with SERRA on or before November 1. In response to Mayor Bland, the recommendation was corrected to reflect a transfer of $25,000 from the Sewer Enterprise Fund, rather than $75,000. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the SERRA agreement for Project Committee No. 19 - Feasibility of SERRA Plant Expansion;. to authorize the Mayor and City Clerk to execute the agreement on behalf of the City; and, to authorize the transfer of $25,000 from the Sewer Enterprise Fund to accommodate Phase I of the Project Committee. 0 AGENDA ITEM October 6, 1983 41 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Consideration of Agreement, Project Committee #19 - Feasibility Study for Plant Expansion (SERRA) SITUATION In an effort to determine the possibilities of expanding the existing SERRA Treatment Plant, the member agencies of SERRRA are seeking to form a project committee. While not all agencies require additional capacity, all members have indicated their intention to be part of the initial study. Once completed this study would then be utilized to initiate the expansion project itself including; EIR preparation, pre -design, concept engineering and obtaining the required permits. The attached proposed agreement to commence feasibility studies reflects the terms and conditions of participation in this project. COMMISSION/BOARD REVIEW, RECOMMENDATION No applicable FINANCIAL CONSIDERATIONS The proposed initial budget for this project committee is $150,000. This cost is to be shared equally among the participating agencies. Should all six organizations become members this cost would be $25,000 to the City. As no money for plant expansion has been budgeted for this year, an adjustment from the Sewer Enterprise Fund Reserve to accommodate this project committee will be necessary. An appropriation of $75,000 is requested for this initial phase of the expansion project. ALTERNATE ACTIONS 1. Approve the agreement. 2. Do not approve the agreement. 3. Refer to staff for additional information. RECOMMENDATION By motion, approve the SERRA agreement for Project Committee #19 Feasibijity of SERRA Plant Expansion, and authorize the transfer of $.342000 from the Sewer Enterprise Fund to accommodate Phase I of this project committee. Respectfully submitted, u jr 6 W. D. Murpvyv WDM:CSF/rem / Attach. g ? MEMORANDUM TO: Memo to File FROM: Maria Guevara, Secretary DATE: August 2, 2002 SUBJECT: South Orange County Wastewater Authority (SOCWA) On March 20, 2001, SOCWA was created, eliminating Aliso Water Management Agency (AWMA), South East Regional Reclamation Authority (SERRA) and South Orange County Reclamation Authority (SOCRA). Agreements prior to March 20, 2002, may be found under SERRA. Agreements after March 20„ 2002, may be found under SOCWA.