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.