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1984-1108_SERRA_AgreementAGREEMENT RE PROJECT COMMITTEES NOS. 2, 7, AND 7-A OF THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY RELATIVE TO VERIFI- CATION OF LIQUID TREATMENT AND SOLIDS HANDLING CAPACITY AT THE JAY B. LATHAM REGIONAL WASTEWATER TREATMENT PLANT THIS AMENDMENT is made this 1� day of �p' v, 1984, by and between the SOUTH EAST REGIONAL RECLP14ATION AUTHORITY, a joint powers agency created pursuant to Section 6500 and following of the Government Code of the State of California (hereinafter in some instances referred to as "Authority") and the following parties: (a) THE CITY OF SAN JUAN CAPISTRANO, hereinafter in some instances referred to as "sqJ, 11; (b) DANA POINT SANITARY DISTRICT, hereinafter in some instances referred to as "DPSD"; (c) MOULTON-NIGUEL WATER DISTRICT, hereinafter in some instances referred to as "MNWD"; and (d) SANTA MARGARITA WATER DISTRICT, hereinafter in some instances referred to as "SMWD" The foregoing parties are collectively, in some instances, referred to as "Participating Member Agencies." W I T N E S S E T H: WHEREAS, SJC, MNWD and SMWD previously participated in that Agreement entitled, "Agreement Between City of San Juan Capistrano, Santa Margarita Water District, Moulton - Niguel Water District Relative to the Use, Construction, E 171 Operation and Maintenance of Sewerage Facilities - 1970", dated January 21, 1971 and referred to herein as "Agreement No. 1"; and WHEREAS, Authority, SJC, DPSD, MNWD and SMWD pre- viously entered into that Agreement entitled, "Agreement For Acquisition, Use, Operation, Maintenance and Expansion of Sewage Treatment Plant of the City of San Juan Capistrano by South East Regional Reclamation Authority for and on Behalf of Project Committee No. 2," dated June 28, 1973 and referred to herein as "Agreement No. 2"; and WHEREAS, Authority, DPSD, MNWD and SMWD previously entered into that Agreement entitled, "Agreement for Con- struction and Capacity Ownership of Additional Water Re- clamation Facilities for South East Regional Reclamation Authority For and on Behalf of Project Committee No. 7", dated July 13, 1978 and referred to herein as "Agreement No. 3"; and WHEREAS, Authority, DPSD, MNWD, SMWD and SJC pre- viously entered into that agreement entitled, "Agreement Pro- viding for Modifications to the Existing Treatment Plant of the South East Regional Reclamation Authority for and on Behalf of Project Committee No. 7-A", dated June 2, 1978 and referred to herein as Agreement No. 4; and WHEREAS, Authority with the participation of SJC, DPSD, MNWD and SMWD has formed Project Committee No. 16 for -2- the purpose of financing and constructing solids handling and odor control facilities at the Jay B. Latham Regional Wastewater Treatment Plant (the "Treatment Plant" herein); and WHEREAS, Authority, with the participation of SJC, DPSD and MNWD has also formed Project Committee No. 19 for the purpose of planning, designing, accomplishing necessary environmental proceedings and, if appropriate, financing and constructing additional facilities at the Treatment Plant to obtain an additional nominal 3.0 million gallons per day (mgd) liquids treatment capacity; and WHEREAS, MNWD and SMWD operate upstream wastewater reclamation facilities that are tributary to the Treatment Plant; and WHEREAS, the Participating Member Agencies desire at this time to verify, clarify, resolve, compromise and fully settle all issues pertaining to the liquids and solids handling capacity of the Treatment Plant and all cost allocations of such capacity among the respective Participating Member Agencies; NOW, THEREFORE, the parties in consideration of the mutual covenants herein contained agree as follows: Section 1. The parties hereto acknowledge that SJC originally owned 1.0 mgd of capacity at the site of what is now the Treatment Plant. Pursuant to Agreement No. 1, the nominal capacity of the Treatment Plant was expanded -3- from 1.0 mgd to 6.0 mgd. Pursuant to Agreement No. 2 the nominal capacity of the Treatment Plant was expanded from 6.0 mgd to 9.0 mgd. Pursuant to Agreement No. 4 certain modifications to the liquids and solids handling facilities were made to the 9.0 mgd Treatment Plant. Pursuant to Agreement No. 3 the nominal capacity of the Treatment Plant was expanded from 9.0 mgd to 13.0 mgd, and modifications to the solids handling facilities were also made, however, SJC did not participate in this expansion. Certain of the solids handling facilities constructed pursuant to Agreements Nos. 1, 2 and 3 are utilized to provide the present total nominal solids handling capacity of the Treatment Plant. It is agreed that for purposes of this Agreement, the present nominal capacity of the Plant is 13.0 mgd liquids and 18.5 mgd solids. However, to enable the Plant to reliably operate at the above total nominal capacities, certain additions or modifications to the Plant will be required. The costs of any additions and improvements necessary to reliably operate the Plant at 13.0 mgd liquids and 16.0 mgd solids shall be borne by the Participating Member Agencies in accordance with percentages set forth as follows: -4- 0 LI The costs of any additions or improvements required to perfect the solids handling capacity from 16.0 mgd to 18.5 mgd (hereinafter "perfection costs") shall be borne solely by SMWD and MNWD on such ratio as MNWD and SMWD agree upon. The perfection costs shall not include improvements for the overall improvement of operation or reliability of the. Plant which shall be borne by all Participating Member Agencies in accordance with the capacity percentages set forth in Section 2 until completion of Project Committee No. 19 in which event the capacity percentages shall be as set forth in Section 5 of this Agreement. Section 2. Subject to payment of the amounts specified in this Agreement, the Participating Member Agencies agree that the nominal capacity at the Treatment Plant shall be allocated as follows: -5- Liquid Solids Agency Capacity (mgd) % Capacity (mgd) % SJC 2.5 19.23 4.3 26.88 DPSD 1.5 11.54 2.2 13.75 SMWD 4.0 30.77 4.0 25.00 MNWD 5.0 38.46 5.5 34.37 TOTAL 13.0 100.00 16.00 100.00 The costs of any additions or improvements required to perfect the solids handling capacity from 16.0 mgd to 18.5 mgd (hereinafter "perfection costs") shall be borne solely by SMWD and MNWD on such ratio as MNWD and SMWD agree upon. The perfection costs shall not include improvements for the overall improvement of operation or reliability of the. Plant which shall be borne by all Participating Member Agencies in accordance with the capacity percentages set forth in Section 2 until completion of Project Committee No. 19 in which event the capacity percentages shall be as set forth in Section 5 of this Agreement. Section 2. Subject to payment of the amounts specified in this Agreement, the Participating Member Agencies agree that the nominal capacity at the Treatment Plant shall be allocated as follows: -5- • 0 Liquid Agency Capacity (mgd) Capacity (mgd) SJC 2.5 DPSD 1.5 SMWD 4.0 MNWD 5.0 6.0 0 TOTAL 13.0 100.00 18.5 100.00 Section 3. As an integrated nonseparable part hereof and in consideration of the agreements and compromise herein set forth, each Participating Agency agrees to pay or receive as applicable the following amounts within ten (10) consecutive calendar days following approval of this Agreement by SERRA and each Participating Member Agency. The General Manager shall give written notice of approval and the pay- ment date to each Participating Member Agency as specified in the Project Committee No. 2 agreement. DPSD shall pay the sum of $27,000 to MNWD. SMWD shall pay the sum of $223,000 to MNWD. SMWD shall pay to SJC the sum of $158,714. Section 4. Project Committee No. 19 shall expand the Treatment Plant facilities so as to increase its capacity by 3.0 mgd of liquids capacity on the basis of cost allocations consistent with the allocation thereof as follows: SJC 1.8 mgd, DPSD .7 mgd, and MNWD .5 mgd. Section 5. Upon completion of Project Committee No. 19 the Treatment Plant will be capable of reliably treating and handling not less than a nominal 16.0 mgd of WE Solids % Capacity (mgd) 8 19.23 4.3 23.24 11.54 2.2 11.90 30.77 6.0 32.43 38.46 6.0 32.43 TOTAL 13.0 100.00 18.5 100.00 Section 3. As an integrated nonseparable part hereof and in consideration of the agreements and compromise herein set forth, each Participating Agency agrees to pay or receive as applicable the following amounts within ten (10) consecutive calendar days following approval of this Agreement by SERRA and each Participating Member Agency. The General Manager shall give written notice of approval and the pay- ment date to each Participating Member Agency as specified in the Project Committee No. 2 agreement. DPSD shall pay the sum of $27,000 to MNWD. SMWD shall pay the sum of $223,000 to MNWD. SMWD shall pay to SJC the sum of $158,714. Section 4. Project Committee No. 19 shall expand the Treatment Plant facilities so as to increase its capacity by 3.0 mgd of liquids capacity on the basis of cost allocations consistent with the allocation thereof as follows: SJC 1.8 mgd, DPSD .7 mgd, and MNWD .5 mgd. Section 5. Upon completion of Project Committee No. 19 the Treatment Plant will be capable of reliably treating and handling not less than a nominal 16.0 mgd of WE 0 0 liquids. Upon completion of Project Committee No. 16, and the herein described Perfection, the Treatment Plant will be capable of reliably handling a nominal 18.5 mgd of solids of the Participating Member Agencies having capacity in the Treatment Plant. This capacity, subject to the provisions of this Agreement, shall be as follows: TOTAL 16.0 100.00 Solids Capacity (mgd) % 4.3 23.24 2.2 11.90 6.0 32.43 C n '» Al 18.5 100.00 Section 6. In the event that the total capacities are less than or exceed 16.0 mgd liquids treatment capacity and 18.5 mgd solids handling capacity the actual capacity shall be fairly allocated to each Participating Member Agency based upon the percentages set forth in Section 5 unless otherwise unanimously agreed by the Participating Member Agencies having capacity rights in the Treatment Plant. The foregoing is contemplated as being inclusive of return flow solids from upstream facilities, Improvement District No. 3A and Oso facilities of MNWD and SMWD respectively. Section 7. This Agreement is deemed by the Par- ticipating Member Agencies, where applicable, to constitute -7- Liquid Agency Capacity (mgd) % SJC 4.3 26.88 DPSD 2.2 13.75 SMWD 4.0 25.00 MNWD 5.5 34.37 TOTAL 16.0 100.00 Solids Capacity (mgd) % 4.3 23.24 2.2 11.90 6.0 32.43 C n '» Al 18.5 100.00 Section 6. In the event that the total capacities are less than or exceed 16.0 mgd liquids treatment capacity and 18.5 mgd solids handling capacity the actual capacity shall be fairly allocated to each Participating Member Agency based upon the percentages set forth in Section 5 unless otherwise unanimously agreed by the Participating Member Agencies having capacity rights in the Treatment Plant. The foregoing is contemplated as being inclusive of return flow solids from upstream facilities, Improvement District No. 3A and Oso facilities of MNWD and SMWD respectively. Section 7. This Agreement is deemed by the Par- ticipating Member Agencies, where applicable, to constitute -7- 0 an Amendment to Agreements Nos. 1 through 4, inclusive, as referenced above. Section 8. This Agreement shall become effective upon its execution by SERRA and the Participating Member Agencies on or before November 30, 1984. If not executed by all parties on or before such date, all provisions hereof shall be null and void without further act of any party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. SOUTH EAST REGIONAL RECLA14ATION AUTHORITY B ,P sident Vice Prebident By /�tLf /� c Secretary/Assistant Secretary CITY J7}F/jSAN JU,AN,AAPISTRANO M aa�a �.�uvnr Ln, , CITY CLERK DANA APPOINT �SAANITARY DDIIISTRICT By 142 � /� . h;Z4 President/Vice 7.ident By (/ retary/ ssistant Secretary am 0 0 MOULTON-NIG WAT R DIS CT BY residen Vice Vesident By �I, i -- � Assistant Seer r SANTAGAR W R DISTRICT BY Bri lyresid6nt/Vi.be President � LK BY �J cret y/Assistant Secretary A PUBLIC AGENCY 0 a 25411 CABOT ROAD, SUITE 209 LAGUNA HILLS, CA 92653 (714) 770-6296 LETTER OF TRANSMITTAL DATE: January 30, 1985 TO: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTENTION: Ms. Mary Ann Hanover RECEIVED JAN 31 1138 AM '85 CITY CLERK DEPARTMENT CITY OF SAN JUAN CAP STR:;'VC City Clerk SUBJECT: Agreement Re. Project Committees Nos. 2,7 & 7-A We are_X__enclosing returning sending under separate cover Sent for your: Approval Use Signature % File Remarks: Status: Preliminary Revised Approved Released Enclosed please find one fully executed copy of the subject Agreement for your files. W,9u7= Diana Dreier Administrative Assistant COPIES TO: 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 4 zMaw iZ'400 P44SE01,gD ¢pAA1R SAN JLA4'}'�CAPISTR' AWO. CALAFOfiN1A 92675 2. 3 PNO'NI949,31171 r' January 17, 1985 Bill Becker SERRA 25411 Cabot Road, Suite 209 Laguna Hills, California 92653 Re: Project Committee Nos. 2, 7, and 7-A Agreement Dear Bill: Enclosed are the fully executed copies of The Project Committee Nos. 2, 7, and 7-A Agreement. MAH/mac Enclosures Very truly yours, MARY ANNA ANOVER, CMC City Clerk 0 PST RF c J 2 O y ER m � n � l9�grl0 N PU��O A PUBLIC AGENCY 25411 CABOT ROAD, SUITE 209 LAGUNA HILLS, CA 92653 (714) 770-6296 LETTER OF TRANSMITTAL DATE: January 11, 1985 TO: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTENTION: Cynthia Ferguson R1:CFIV1; D JAN I a 12 2) PM '85 Cn,1 a SAN JUA.N CAPISTRA4'. SUBJECT: Agreement Re. Project Committees Nos. 2, 7 & 7-A We are X enclosing returning sending under separate cover Eiqht 181 copies of the subject Agreement Sent for your: Status: Approval Use Preliminary Approved X Signature File Revised Released Remarks: ---). Cynthia: Please have all cooiPc of the PnrlocPA Agreement signed and returned to my attention. After c;g- natures of all parties concerned, one fully executed copy will be forwarded to you for your files. Thank -you. FROM: COPIES TO: Diana 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 a 3x400 P/[5 g0lAO Hi}Ai1 TQ'' '!-i .. SAN JUAkTdAPISTRANO. GALLFONNIA 92675 PH C493-117,-) November 27, 1984 SERRA 25411 Cabot Road, Suite 209 Laguna Hills, California 92653 Re: Aareement re Proiect Committee Nos. 2. 7 Gentlemen: At their meeting of November 20, 1984, the City Council took the following actions: (1) Approved the Agreement Regarding Project Committees Nos. 2, 7, and 7-A of the South East Regional Reclamation Authority relative to verification of liquid treatment and solids handling capacity at the Jay B. Latham Regional Wastewater Treatment Plant. Authorized the Mayor and City Clerk to execute the appropriate documents when they are received. (2) Adopted the SERRA Disaster Fund Budget Revision for $47,000 and authorized the City's proportionate share of $13,066 to be expended from the Sewer Enterprise Fund Account. If you have any questions, please don't hesitate to call. Very truly yours, MARY ANN HANOVER, CMC MAH/mac cc: Director of Public Works • 0 DIRECTOR OF PUBLIC WORKS ,/38) (79) Written Communications: Report dated November 20, 1984, from the Director of Public Works, advising that expansions of the Treatment Plant and the actual capacities provided had been reviewed and, forwarding an agreement which clarified what facilities are at the SERRA location and who owns what capacity of the facilities. The report advised that during the three major expansions, some agencies financed more of the construction than the actual capacity they received; the agreement further identified those costs and the agencies' financial exchanges to achieve equity. San Juan Capistrano will receive $158,714 to be deposited in the Sewer Enterprise fund. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Suchheim, and unanimously carried to approve the agreement titled "Re Project Committees Nos. 2,7, and 7-A Relative to Verification of Liquid Treatment and Solids Handling Capacity at the Jay B. Latham Regional Wastewater Treatment Plant." The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. I AGENDA ITEM November 20, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Agreement Re Project Committees Nos. 2, 7, and 7-A Relative to Verification of Liquid Treatment and Solids Handling Capacity at the Jay B. Latham Regional Wastewater Treatment Plant SITUATION Over the years the SERRA Treatment Plant has grown and expanded its facilities. Each expansion was provided by Project Committee and was approved by agreement. The agreements designated the participants and the associated share of the costs. There have been three major expansions of the plant occurring over the years. The initial agreement which authorized the first expansion was between San Juan Capistrano, Santa Margarita Water District and Moulton Niguel Water District. This brought the 1 MGD facility up to 6 MGD. The second expansion agreed to under Project Committee #2 increased the treatment capacity to 9 MGD, and included Dana Point Sanitary District as a participant. The most recent expansion project established capacity at the current 13 MGD level and was performed by the members of Project Committees #7 and 7-A - Dana Point Sanitary District, Santa Margarita Water District, Moulton Niguel Water District (and San Juan Capistrano in 7-A only.) Each agreement for the several expansions has set forth who owns what treatment capacity. The facilities built during each project, however, did not correspond to how the allocations in the agreements were specified. Therefore some expansions did not require more facilities and could use the existing equipment to provide the treatment. The attached agreement has reviewed all the expansions and the actual capacities provided in each phase. It also provided for the anticipated Project Committee #16, which is Solids Handling and Project Committee #19 which will be an expansion of 3 MGD. The final capacities as determined in this agreement, which will be ultimately on the existing site, are 16 MGD liquids capacity and 18.5 MGD solids capacity. San Juan Capistrano will have 4.3 MGD liquids and solids capacity. Approval and adoption of this final agreement is hoped to clarify what facilities are at the SERRA location and who owns what capacity of the facilities as was the original intent from the initial expansion and creation of the joint -powers agreement. COMMISSION/BOARD, REVIEW RECOMMENDATION The SERRA Board of Directors has approved this agreement. ::T,3 )° ('.!—'yrot INCH- AGENDA 0 SERRA Agreements -2- November 20, 1984 FINANCIAL CONSIDERATIONS Because the costs associated with each expansion reflected what equipment was necessary to achieve the capacity required at that particular expansion, some agencies financed more of the con- struction than the actual capacity that they received. This agreement identifies those costs and the agencies' financial exchanges to achieve equity. In this matter, San Juan Capistrano will receive the sum of $158,714 to be deposited in the Sewer Enterprise Fund. ALTERNATE ACTIONS 1. Adopt the agreement, "Re Project Committees Nos. 2, 7, and 7-A Relative to Verification of Liquid Treatment and Solids Handling Capacity at the Jay B. Latham Regional Wastewater Treatment Plant" and authorize the Mayor and City Clerk to execute the appropriate document. Do not approve the SERRA capacity agreement. Refer back to staff for additional information. RECOMMENDATION By motion, adopt the agreement, "Re Project Committees Nos. 2, 7, and 7-A Relative to Verification of Liquid Treatment and Solids Handling Capacity at the Jay B. Latham Regional Wastewater Treatment Plant" and authorize the Mayor and City Clerk to execute the appropriate document. Respectfully submitted, W..D �Mu D. � � Dy WDM:CSF/rem Attachment 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.