HomeMy WebLinkAbout1971-03-30II
MA MAGErt•s AG ENDA REP O RT
Cou nty Sanit ation Distr icts
of O ran ge County, Cali fo rn ia
DISTRICT NO. 2
ADJOURl\J"'ED REGULAR MEET ING
Tuesday, March 30 , 1971
5 :30 p .m.
P. 0. Box 5175
10 84.lj Ell is Ave nue
Fountain Valley, C ali f., 92708
Telephones:
Area Cede 714
540 -29 10
962-241 1
Ma r ch 24, 1971
The followi ng is a brief expl anati on of the more important i:.on-
r ou tine items which appear on the enclose d agenda and which a r e not
oth erwise self-explanatory.
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No . 5 -REPORT OF STAFF ON FEDERAL AND STATE GRAHTS F'OR SANTA ANA
RIVER INTERCEPTOR AND STATUS OF F'INANCING BY Rrv.ERSIDE COUNTY : S ince
the March 10 Board meeting I have had the opportunity, both in
Washington and here, of d isc ussing personally with key personne l of
the En v ironmental Protect ion Agency the poss ibility of Federal and
State funding on this project. The staff has also discussed with
represent a tives of the Riverside District a possible alternate ~ethod
of financing of the Ri v erside share of the project other than a bond
i ssue by that District (Item No . 7).
I t appears that if the interc ep tor is include d in an approved
basin plan (and there is every possibility that it will be) Federal
and State funding will be forthcoming . On the other h a nd, if the
Di s t rict p roceeds to c onstruct this facility without the inclusion of
c apac ity for the upstream area, the chanc e of Federal and State funding
will be unl ikely . The matter of an alternate method of finan cing by
Rive r side County is de sc ribed under Item No . 7.
There are many rarn i fications t o this s u bject and the s t aff wi ll
p r esent a comp l ete up -t o-dat e verbal s t atus report at the time of the
mee t i n g .
No . 6 ·-RESOLUTIO N OF THE RI'.:GIONAL WATER . QUALITY CONTROL BOARD HITB
REGARD TO THE SANTA ANA RIVER I NTER CEPTOR : At the l ast meeting of the
Regiona l Board the resolution, included with the agenda materi a l , was
adopted . r:le believe the reso l ution to be c l e a r and self-explanatory
and is strong evidence that this project wi l l be included in the
forthcoming bas i n plan as menti o ned under the preceding item . We a r e
very p l eased that the Regional Board adopted this resolution since it
greatl y enhances the possibility of Federal and State funding .
No. 7 -SECOND AMENDMENT Arm FIRST SUPPLEMENT TO MAY' 1970 \.o,TASTE WATER
INTERCEPTOR CAPACITY AGREEMENT : The Board members will recall that the
existing agreement with Riverside County provides that the agreement
will automatically terminate if Riverside does not arrange for
f i nancing of its share of the project by December 1, 1970 . Techni -
c ally, therefore, the ag reement has now been terminated . The Directors
will also recall that Riverside previously requested an extens i on of
t his deadline to May 15, 1971 on the assumpt ion that a bond election
would be held in April . However it now appears that the Riverside
County Supervisors are unwilling to call a special e l ection at this
t ime and in order to l~eep the agreement alive, their attorney and staff
a r e recommending that the existj_ng agreement b e amended (copy of pro-
posed amendment in agenda material) in o rder to provide for financing
f r om current revenue the Riverside share of the facility to Katella
Avenue . The amendment als o provides that Riverside will not pay for
Plant capacity until its actual use of the facility begins, whereas
the former agreement provided for purchase of Plant capacity during
t he construction of the intercep tor .
It is expected tha t the Rive rside Board of Supervisors will act ·
on this proposed arne ndm e nt Monday, March ~9. If their act ion is
favorable, we recommend the approval of the amendment by District No . 2.
No . 8 -CONCURREN CE OF OTHER DISTR ICT BOAHDS IN ALTERNATE FTITANCING BY
RIVERSIDE COUNTY : At the time the May , 1970 agreement , described
above , was approved , a concurrent agreement between Riverside and the
Joint Boards was also approved . This agreement , called the Waste Hate r
Tre atment and Disposal Agreement, provi ded for the purchase of Plant
c apacity in 5 million gallons pe r day increments as needed by Rive rside .
Since the proposed intercep tor agreement, des cribed under Item No . 7,
eliminates the cash payment for Plant capacity prior to a ctua l use,
it wi ll be necessary for the Joint Boards to agree to the new arrange -
ment . Accordingly the act ion, appearing on the agenda under this
item, is recomme nded . A copy o f the p roposed amendment regarding pur-
chase of Plant c apacity is included with the agenda material.
No. 9 -INTERIM WASTE DISPOSA L FROM RIVERSIDE COUNTY BY TRUCKING : We
have been advised by the staff of the Riverside County Flood Control
District tha t concurrently with approval of the amendment to the agree -
ment described under Item No . 7, a letter requesting p rovision o f
interim brine waste disposal by trucking to 'the Districts ' facilities
will be transmitted to the Dis trict . Since a decision by Riverside
on the amendment will not be reached until Monday, Ma rch 29 , this
l etter will not be available until the time of the meeting .
Since such an interim disposal plan would require concurrence
of the other Districts under the Joint Owner ship , Operation and Con -
struction Agreement, we are suggesting that this matter be r eferred
to the Executive Committee for recomm e ndat ion . The staff, which
believes that such an arrangement would be beneficial to both parties,
will report on this matter in greate r detail at t:t?-e time of the meeting .
Fred A. Harper
·Gen e r a l Manager
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BOA~DS O F OIRECTOHS
Co un ty San itati on Dist ri cts
of Orange County, C a li fomi~
DISTRICT No . _2 _
Adj o urned Regular Mee t ing
~1arch 30 , 1 971 -5: 30 p .m.
}a-) Roll Call
r/) -'\L. Appointment of Chairman pro tern , if necessary
}1) Report o f the Gene ra.l Manager
Report of the General Counsel
P. 0 . Box 51 7 S
10844 ~!!is lwenue
Fountain Valley, Cclif., 92708
AGENDA
ADJOURNME NTS ~ ·
COMP & MILEAG0~"""~
FILES SET UP ....... ~
RES OLUTIONS CERTIFI ED ~
LETTERS \'JRIHEN .... ~
MINUTES WRITTEN .... ~.
MI NUTES flLED .... ~
Verbal report by staff on federal and state grants
fo r Santa Ana Rive r Intercep t or from Pl ant No . 1 t o
Katella. Avenue; and status o:f financial participation
by Rive rside County
Considera t ion of motion to receive and file Resolution
No. 7 1 -1 1 of the Cc;.lifornia. Regj_onal Water Quality Control
Boa.rd recommending inclusion of" capacity for the use by
upstream agencies in the first reacl1. of the Santa. Ana
River Interceptor from Plant No . 1 to Ka.tella Avenue .
See a.t ta.ched 11 A :i ---(~Consideration of Resolution No . 71·-42 ··2, approvj_ng arid
/' ' authorizing e x ecution of Second Amendme J.J.t and First Supplement
to Waste Wate1~ Interceptor Ca.pa.city A ~r e e:nent providing :Co1· I . ./ a.l ternate financing of Rj_verside County J.i'lood Contrcl and
(yy~ Wa.ter Conservatio n District 1 s share in the construction
(!' V costs of Santa. Ana. River Intercep t or frorn Plant No . 1 to
Ka.te l l a Avenue . See 1)ages 11 B II and !! ell
~ Considera.t i on of moti on requesting County Sani ta.tion
('' ' Di stricts Nos. l_, 3, 5 , 6, 7 _, and 11, to adopt First
k 1 Amendement to Ma.y 197 0 Waste Water Trea.tment and Disposal
~J.ivir--Agreement with Hive rs i de County Flood Control and Water
~ Conservation Distri c t, i n orde r to effectuate Second
)\0 Amendme nt and First S u p p lement t o Waste Water Int erceptor
Ca.pa.city Agreement. S ee p age 11 D11
'~onsideration of motion to receive and file and refer to r) ~xecutive Committee and staff l etter dated March _,1 9 71
f · f rom Riverside County Flood Control and Water Conservation (v Di strict requesting p r ovisi.on be ma.de for interi m service
_Afo J t o Ri v ers ide agencies through the Santa J\na River Intercepto!',
-y s a i d servi ce to consist of acceptance of trucked brine
waste t o the fa,cili t :i.es of the Di stricts . See page 11 E 1
!
(Ava.ila.ble a.t meeting time .) L ~ _: o ~-
(1 0) Other business and c01rn"'.lunications , if any ~
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(11) Considerat ion of mot i on to adjourn (; • Y"
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SANTA ANA REGION
RESOLUTION 71-11
RECO~~IBNDING INCLUSION OF CA.PACITY FOR THE NON-
RECLAir-iA!!LE WASTE DISPOSAL NEEDS OF THE UPPER
SANTA ANA RIVER VALLEY IN THE FIRST REACH OF
COUNTY SANITATION DISTRICT NO. 2 CF ORANGE
COUNTY INTERCEPTOR TO BE BUILT NORTH TO KATELLA
AVENUE IN ORANGE COUNTY
WHEREAS,. c~ October 17, 1952 'the Santa Aria Regional WateI' Pollution
Control Board, predecessor to this board, adopted a statement of
long-range plans and policies with respect to water pollution control
which states in part:
"The eventual·provi3ion of an industrial sewer with ocean
disposal for use by industry in the upper Santa Ana River
Valley, ••• o , is imperative •••• for the protection
of the underground water resources downstream •••• " and
WHEREAS, on Novenilier 6, 1970 this board further endorsed the concept of
the non-reclaimable waste disposal system (NR\•JDS) supporting and recom-
mendll1g such a system subject to certain conditions requiring careful
control of the use of said system so as not to create adverse effects
in the marine environment; and
WHEREAS, the Interim Water Quality-Control Plan for the Santa Ana River
Ba.sin, as now being formulated, will include the Nm·ms generally as
presently conceived; and
WHEREAS, County Sanitation District No. 2 of Orange County is in
immediate need of construction of additional interceptor sewer facili-
ties to be located in the same alignment as the proposed Nmms and m~y
be agreeable to entering negotiations to provide for the future needs
of the Nmms in that sewer in order to implement a regional system for
collection, treatment, and disposal of wastes from the Upper Santa
Ana River Valley; and
\~IEREAS, County Sanitation District No. 2 of Orange County expresses
the need to proceed inrrnediately with construction of the first reach
of said interceptor from Plan-t No. 1 north to Katella Avenue even
though agencies in the Upper Santa Ana River Valley have not yet
arranged for financing their proportionate share of the capacity of
said first reach although actions are currently underway toward that
.end;
A-1 Distrj_ct ro. 2
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Resolution 71-11 -cohtiriued Page 2
NOW THEREFORE BE IT RESOLVED that this board recoromends inclusion of
capacity for future use by upstream agencies in the first reach of
the County Sanitation District No. 2 interceptor north to Katella
Avenue at this time in order to provide for the future regional waste
collection needs at the least cost and in order to make paralleling of
facilities at a future date unnecessary.
·I, Richard A. Bueermann, Executive Officer, do hereby certify the fore~
going is a full, true, and correct copy of a resolution adopted by t~e
California Regional Water Quality Control Board, Santa Ana Region, on
February' 25, 1971.
~/,u,/ Of) ?r--,,,~1-v--, ,~
~ RICHARD A. BUEERMANN
Executive Officer
A-2 D:i.st~ri_ct ~:o. 2
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RESOLUTION NO. 71-42-2
APPROVING SECOND AMENDMENT AND FIRST
SUPPLEMENT 'I10 WAS'I1E WATER INTERCEPTOR
CAPACITY AGREEMEN'l1 WITH RIVEHSIDE
C1_1l.L\TY FLOOD CONTROL AND WNI1ER CON-
SERVATION DISTRICT
A RESOLUTION OF THE BOARD OF DIRECTORS
OF COUNTY SANITATION DISTRICT NOc 2, OF
ORANGE COUNTY, CALIFORNIA, ~4..PPROVING
SECOND AMENDMENT AND FIRST SUPPLEMENT
TO WASTE WATER INTERCEPTOR CAPACITY
AGREEMENT WITH RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
* * * * * * * * *
The Board of Directors of County Sanitation District No. 2,
of Orange County, California,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section l, That the certain Second Amencment and First
Supplement to Waste Water ~nterceptor Capacity Agreement with
Riverside County Flood Control and Water Conservation District,
providing for alternate financing of Riverside County Flood
Control and Water Conservation District 1 s share in the construction
costs of Santa Ana River Interceptor from Plant No, 1 to Katella
Avenue, is hereby approved and accepted; and,
Section 2. That the Chairman and the Secretary of the
District be authorized and directed to execute said amendment
on behalf of the District.
PASSED AND ADOPTED at an adjourned regular meeting held
March 30, 1971.
Agenda Item #7 -B-District No. 2
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SECOND AMENDHENT AND FIRST SUPPLE~1.ENT TO
WASTE WATER INTERCEPTOR CAPACITY AGREEMENT
THIS SECOND AMENDMENT AND FIRST SUPPLEMENT of that
certairi Waste Water Interceptor Capacity Agreement of May,
1970, is made and ent~red into this· day of March, 1971, .
by COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY, herein
called "District 2" and RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT, herein called "Riverside District".
RECITALS
1. Riverside District h~s in good faith and with due
diligence attempted to implement the provisions of the Waste
Water Interceptor Capacity Agreement within the time limits
therein set forth.
2. Due to the overloading of its existing trunk
sewers, it is essential that District 2 build the first
stage of Reach 1 of the Santa Ana River Interceptor downstream
from Katella Avenue. (See map, Exhibit "D", attached.) To
that end, District 2 proposes to award initial contracts for
said construction work during the summer of 1971. It is in
.. the interests of the general public within the Santa Ana
River Watershed that said first stage of Santa Ana River
Inter6eptor should contain capacity for the ultimate requi~e-
ments of the drainage area upstream from Prado Dam, which
have been determined to be 50 mgd.
3~ In order to facilitate the in~ediate construction
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A:~·enda. Item #7 C-1 D_:_s tric t ro. 2
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710310
of said first stage of Reach 1, Riverside District has
joined District 2 in an application for Federal and State
grant funds to assist in such construction.
· 4. Although the original Waste Water Intercepto~
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Capacity Agreement contemplated the .Prior funding by
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. Riversfde District of its share of the entire Santa Ana
.River Interceptor, it now appears feasible to undertake
said construction in a series of sections to be scheduled
over a period of. time. For that purpose, it is essential
only that Riverside District be prepared to purchase that
.·portion of its capacity right which is represente~ by con-
struction costs actually incurred in staged construction by
District 2.
COVENANTS
NOW THEREFORE, IN CONSIDERATION of the premises and
the cove.nan ts hereinafter contained, the parties agree as
follows:
"FIRST SUPPLEMENT
1. Definitions. The definitions of the original
agreement are hereby adopted and used in this amendment.
2. Riverside District's Obligation. Riverside
District agrees to pay its proportionate share of the con-
struction costs of the first stage of Reach 1 on the schedule,·
at the time, and {n the amounts calculable in the same rnapner
as though s~id reach ha~ been consttucted under the origin~l
Waste Water Interceptor Agreem·ent; orovided, however, that
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Agenda. Item #7 C-2 _..12.i strj ct iJo. 2
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(a) if Sanitation Districts fail to approve
on or before Ju?e 15, 1971, an extension of time
for purchase of capacity under the Waste Water
Treatment and Disposal Agreement,·in a form sub-
st?ntially as Exhibit "E" her:et~, or
. .
(b) Federal and State grant funds equiva-
lent to 50% of Riverside District's share of
audited capital costs are not formally offered,
Rive'rside District shall have the right to withdraw from
~aid obligation and abandon its rights her~under without
further cost or.penalty. Said withdrawal shall be accom-
plished by serving written notice on District 2 at least ten
days before the award of the first construction contract on
the first contract for construction on said first stage of
Re~ch 1. Provided, however, that Riverside District shall
be obligated, notwithstanding any such withdrawal, for its
proportional share of any audited capital costs incurred
prior to such n<;>tice of withdrawal. ·Provided, further, that
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nothing herein contained shall require District 2 to construct
said first stage of Reach 1.
3. Nature of Right Acquired. The carryin~ capacity
right acquired by Riverside District by reason of its par~
·ticipation in audited capital costs of said first stage of
····-··--Reach 1 ·shall ·exten.d only to said first stage of Reach 1 and
shall not represent a right to discharge waste water into any
other faci~ity of District 2. Riverside District shall have
710310 -3-
District no. 2
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no right to discharge waste water into the existing facil-·
ities of District 2 until Riverside District shall have
acquired treatment and disposal capacity in the existing
expanded facilities of Sanitation Districts.
4. Option to Participate in Subsequent Reaches.
Riverside ·District shall have the op.tion, on six months'
written notice from District 2, to participate in and to
acquire 50 mgd carrying capacity in each and all subsequent
reaches of Santa Ana ·River Interceptor on the same terms and
conditions and upon payment of the sums as provided in.the
original contrac.t. Upon completion of the entire Santa Ana
River Interceptor,.Riverside District's rights shall be the
same as provided under said original contract.
SECOND AMENDHENT
5. Capital Payment~. The provisions of Paragraph 2
are amended to add the following: "Any delinquent payment
hereunder by Riverside District shall bear interest at the
rate of 7% per annum from·date of delinquency."
6. Option to Reduce Capacity. The provisions of
Paragraph 8 are deleted from the Waste Water Interceptor
Capacity Agreement.
7. Financing by Riverside District. Paragraph 10 .
. --· i-s -amended to read in full as follows: "Ri ve.rside District
will finance, construct and install its own waste water
collection and interceptor system within its boundaries for
the purpose of delivering its waste water to.the delivery
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IN WITNESS WHEREOF the parties have affixed their
signatures as of the day and date first above written.
Approved as to form:
MILLER, NISSON & KOGLER
By
Counsel
Recommended:
By
Chief Engineer
Approved as to form:
RAY T. SULLIVAN, JR.
County Counsel
CLAYSON, STARK, ROTHROCK & MANN
--.~Y _____________ _
Special Counsel
COUNTY SANITATION DISTRICT
NO. 2 OF ORANGE COUNTY
By
By
Chairman of the
Board of Directors
.Secretary
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
Attest:
Chairman of the
Board of Sup2rvisors
DONALD D. SULLIVAN, Clerk
By
710310 -s~
Acr.£nd a. I tern !f7_ C-5 Ih st r j_ c t no . 2
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-FIRST STAGE -
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PLAN OF
SANTA ANA RIVER' INTERCEPTOR
SHOWING FIRST STAGE ·
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FIRST AMENDMENT TO
WASTE WATER TREATMENT AND DISPOSAL AGREEMENT
THIS AMENDMENT of the Waste Water Treatment and
Disposal Agreement of May, 1970, is made and entered into
this day of March, 1971, by Sanitation Districts and
Riverside District.
-RECITALS
1. Riverside District has in good faith and with d~e
diligence sought to implement the provisions of the Waste
Water Treatment and Disposal Agreement within the time periods
set forth.
2~ Riverside District and District 2 have concurrent-
ly herewith entered into an amendment of and supplement to
the Waste Water Interceptor Capacity Agreement, whereby
Riverside District commits itself to purchase and acquir~ a
50 m.g.d. capacity right in ·the first stage of Reach 1 of the
Santa Ana River interceptor in order to preserve said capacity
for use for the draining area upstream from Prado Dam.
3. Ultimate implementation of the regional interceptor,
treatment and disposal system contemplated by the original
agreements between the parties is in 1=:he best interests of the
general public within the Santa Ana River Watershed.
NOW THEREFORE, IN CONSIDERATION of the premises, of the
""-"" concurrent execution of said amendment of the Waste Water Inter-
710310
~eptor Capacity Agreement_, .and of the covenants hereinafter
A;:enda. Item _#8.
EXHIBIT E
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D-1 District No .. 2
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contained, the parties hereto agree as follows:
1. Effective Date and Term of Right. Paragraph l(d)
:is amended to add at the end thereof the clause: "but in no
event later than December 31, 2023."
2. Payment for Initial 5 m.g.d. Regulated Maximum
Flow. Paragraph 2 (a) (1) is .amended to read: "The sum of
$1,625,000, escalated, payable pr~or to discharge of waste
water by Riverside District pursuant hereto."
3. Financing by Riverside District. Paragraph 8 is
amended to read in full as follows: "Riverside District
shall finance, ·construct and install its own waste w~ter
collection syitem within its borindaries for the puipose of
delivering its waste water to the delivery point."
IN WITNESS i-mEREOF, the parties have executed this
agreement as of the day and year first above writter ..
j\v,enda. It-elri -#8
EXHIBIT E
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D-2 Di.str1ct l:oo ..-:
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Meeting Date '3 \ ?-, Q j 7{
DISTRICT 1
GriG et
Mille r
Porter
Bat tin
DISTRICT 2
Just ./
Christie ./
-Clark <I"
Culver ./
Stephenson ./
1<,inn e ll --:;;-
Herrin 7
S ims v
Smith 0-
Wedaa v ---· Winn v
Battin v-
DISTRICT·3
Culver
Arbiso
Baum
Berton
Christie
Cl arl\:
Davis
Stephenson
Green ---
Harvey
He rrin
Hyde
Ju s t
McWhinney
'ims
Battin
DISTRICT 5
Parsons
Hirth
Battin
DI STRICT 6
Porter
Mc Innis
Battin
DISTR ICT 7
Mi lle r
Gris e t
Porte r
Rogers
Smith
Battin
DISTRIC T 11
Shipley
Gibbs
Bat t i n
DISTRICT 8
Boyd
Mitc h e ll
Battin
Herrin
Coco
Harper
Root
Magnus
Dutton
Gomez )..;,t,.
Gris et
Zuniga
Hileman
Machado
Schniepp
Lewi s
Hogard
West ra
Roo t
Magnus
Bousman
Dutton
Shipley
Kan e l
Gris e t ·
Kroes en
Harper
Zuniga
Croul
Hirth
Co co
Herrin
Hirth
Hileman
Co e n
Goldberg
5 :30 District #~
JOINT BOARD S
Culver
Arbiso Lewis
Baum Ho gard
.Berton Westra
ChPistie Root
Clarl\: Magnu s
Davis Bousman
Stephenson Dutton
F innell -~-Go mez
Gibb s
Green
Gris et
Harve y
He rrin
Hirth
Hyd e
Jus t
___ Shipley
Herr i n ---.Kanel
---Griset
---
---
---
Croul
Kroes en
Ha r per
Hirth
Coco
Hirth
Coen
Mc Innis
McWhinney
Miller
Parsons
Porter
Rogers
Shipley
Sims
Smith
Wedaa
Winn
Batt i n
Zuniga
---Hil eman
Machado ------Schniep:
-X-·X· .J<· * * *
Mitche ll
Boyd
OTHE RS
Harp er
---
Brown ti'/
Syl v es ter--r
Carlson
Cl arl\:e ---
Du nn
Finster
Gall oway
Hohen e r
Hunt
Keith
Lowry \(
Maddox /
Mart i nson 7
Ni ss on
Piersall
Sigler
Stevens
Crabb
Goldb er1
ATTACHMENT E
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SANTA ANA REGION
RESOLUTION 71-11
RECOMMENDING INCLUSION OF CAPACITY FOR THE NON-
RECLAI~.AtlLE WASTE DISPOSAL NEEDS OF THE UPPER
SANTA ANA RIVER VALLEY IN THE FIRST REACH OF
COUNTY SANITATION DISTRICT NO. 2 CF ORANGE
COUNTY INTERCEPTOR TO BE BUILT NORTH TO KATELLA
AVENUE IN ORANGE COUNTY
WHEREAS, on October 17, 1952 the Santa Ana Regional Water Pollution
Control Board, predecessor to this board, adopted a statement of
long-range plans and policies with respect to water pollution control
which states in part:
"The eventual p1"ovision of an industrial sewer with ocean
disposal for use by industry in the upper Santa A..~a River
Valley, •••• , is imperative •••• for the protection
of the underground water resources downstream •••• " and
WHEREAS, on November 6, 1970 this board further endorsed the concept of
the non-reclaimable waste disposal system (NRWDS) supporting and recom-
mending such a system subject to certain conditions requiring careful
control of the use of said system so as not to create adverse effects
in the marine environment; and
WHEREAS, the Interim Water Quality Control Plan for the Santa Ana River
Basin, as now being formulated, will include the NRWDS generally as
presently conceived; and
WHEREAS, County Sanitation District No. 2 of Orange County is in
immediate need of construction of additional interceptor sewer facili-
ties to be located in the same alignment as the proposed NRWDS and may
be agreeable to entering negotiations to provide for the future needs
of the NRWDS in that sewer in order to implement a regional system for
collection, treatment, and disposal of wastes from the Upper Santa
Ana River Valley; and
WHEREAS, County Sanitation District No. 2 of Orange County expresses
the need to proceed immediately with construction of the first reach
of said interceptor from Plant No. l north to Katella Avenue even
though agencies in the Upper Santa Ana River Valley have not yet
arranged for financing their proportionate share of the capacity of
said first reach although actions are currently underway toward that
.end;
Resolution 71-11 -cohtiriued Page 2
NOW THEREFORE BE IT RESOLVED that this board recommends inclusion of
capacity for future use by upstream agencies in the first reach of
the County Sanitation District No. 2 interceptor north to Katella
Avenue at this time in order to provide for the future regional waste
.collection needs at the least cost and in order to make paralleling of
facilities at a future date unnecessary.
I, Richard A. Bueermann, Executive Officer, do hereby certify the fore-
going is a full, true, and correct copy of a resolution adopted by the
California Regional Water Quality Control Board, Santa Ana Region, on
February 25, 1971.
~L('( , .. f /Jh .. r«dS .. r I (_./ ~ /.(, (' ·2·7' G4--z :sa.__./
RICHARD A. BUEEfil1ANN
Executive Officer
PAUL G. BROWN
ASSISTANT GENERAL MANAGER
AND CHIEF ENGINEER
PHONES' (714)
540-2910
962-2411
ORANGE COUNTY SANITATION DISTRICTS
P.O . BOX 812.7 -10844 ELLI S AVENUE
FOUNTAIN VALLEY , CALIFORNIA 92708
710310
SECOND AMENDMENT AND FIRST SUPPLEMENT TO
WASTE WATER INTERCEPTOR CAPACITY AGREEMENT
THIS SECOND A...1'1ENDMENT AND FIRST SUPPLE!J1£NT of that
certain Waste Water Interceptor Capacity Agreement of May,
1970, is made and entered into this day of March, 1971,
by COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY, herein
called "District 2" and-RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT, herein called "Riverside District".
RECITALS
1. Riverside District has in good faith and with due
diligence attempted to implement the provisions of the Waste
Water Interceptor Capacity Agreement within the time limits
therein set forth.
2. Due to the overloading of its existing trunk
sewers, it is essential that District 2 build the first
stage of Reach 1 of the Santa Ana River Interceptor downstream
from Katella Avenue. (See map, Exhibit "D", attached.) To
that end, District 2 proposes to award initial contracts for
said construction work during the summer of 1971. It is in
the interests of the general public within the Santa Ana
River Watershed that said first stage of Santa Ana River
Interceptor should contain capacity for the ultimate require-
ments of the drainage area upstream from Prado Dam, which
have been determined to be 50 mgd.
3 ~ In o·rder to facilitate the immediate construction
710310
of said first stage of Reach 1, Riverside District has
joined District 2 in an application for Federal and State
grant funds to assist in such construction.
4. Although the original Waste Water Interceptor
Capacity Agreement contemplated the prior funding by
Riverside District of its share of the entire Santa Ana
River Interceptor, it now appears feasible to undertake
said construction in a series of sections to be scheduled
over a period of time. For that purpose, it is essential
only that Riverside District be prepared to purchase that
portion of its capacity right which is represente~ by con-
struction costs actually incurred in staged construction by
District 2.
COVENANTS
NOW THEREFORE, IN CONSIDERATION of the premises and
the covenants hereinafter contained, the parties agree as
follows:
FIRST SUPPLEMENT
1. Definitions. The definitions of the original
agreement are hereby adopted and used in this amendment.
2. Riverside District's Obligation. Riverside
District agrees to pay its proportionate share of the con-
struction costs of the first stage of Reach 1 on the schedule,
at the time, and in the amounts calculable in the same ma~ner
as though said reach haq been constructed under the original
Waste Water Interceptor Agreement; provided, however, that
-2-
(a) if Sanitation Districts fail to approve
on or before June 15, 1971, an extension of time
for purchase of capacity under the Waste Water
Treatment and Disposal Agreement, in a form sub-
st~ntially as Exhibit "E" he:r::et?, or
(b) Federal and State grant funds equiva-
lent to 50% of Riverside District's share of
audited capital costs are not formally offered,
Riverside District shall have the right to withdraw from
said obligation and abandon its rights her~under without
further cost or penalty. Said withdrawal shall be accom-
plished by serving written notice on District 2 at least ten
days before the award of the first construction contract on
the first contract for construction on said first stage of
Reach 1. Provided, however, that Riverside District shall
be obligated, notwithstanding any such withdrawal, for its
proportional share of any audited capital costs incurred
prior to such notice of withdrawal. ·Provided, further, that
nothing herein contained shall require District 2 to construct
said first stage of Reach 1.
3. Nature of Right Acquired. The carrying capacity
right acquired by Riverside District by reason of its par-
·ticipation in audited capital costs of said first stage of
-·-·Reach 1 ·shall ·extend only to said first stage of Reach 1 and
shall not represent a right to discharge waste water into any
~ other faci.li ty of District 2. Riverside District shall have
710310 -3-
no right to discharge waste water into the existing facil-
ities of District 2 until Riverside District shall have
acquired treatment and disposal capacity in the existing
expanded facilities of Sanitation Districts.
4. Option to Participate in Subsequent Reaches.
Riverside District shall have the option, on six months'
written notice from District 2, to participate in and to
acquire 50 rngd carrying capacity in each and all subsequent
reaches of Santa Ana ·River Interceptor on the same terms and
conditions and upon payment of the sums as provided in the
original contract. Upon completion of the entire Santa Ana
River Interceptor, Riverside District's rights shall be the
same as provided under said original contract.
SECOND AMENDMENT
5. Capital Payments. The provisions of Paragraph 2
are amended to add the following: "Any delinquent payment
hereunder by Riverside District shall bear interest at the
rate of 7% per annum from date of delinquency."
6. Option to Reduce Capacity. The provisions of
Paragraph 8 are deleted from the Waste Water Interceptor
Capacity Agreement.
7. Financing by Riverside District. Paragraph 10
---is -amended to read in full as follows: "Riverside District
will finance, construct and install its own waste water
collection and interceptor system within its boundaries for
~ the purpose of delivering its waste water to the delivery
710310 -4-
~ 710310
point."
IN WITNESS WHEREOF the parties have affixed their
signatures as of the day and date first above written.
Approved as to form:
MILLER, NISSON & KOGLER
By
Counsel
Recorrunended:
By
Chief Engineer
Approved as to form:
RAY T. SULLIVAN, JR.
County Counsel
COUNTY SANITATION DISTRICT
NO. 2 OF ORANGE COUNTY
By
By
Chairman of the
Board of Directors
Secretary
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
Attest:
Chairman of the
Board of Su~2rvisors
DONALD D. SULLIVAN, Clerk
By
CLAYSON, STARK, ROTHROCK & MANN
~y
Special Counsel
-5-
tij x ::r::
H
tl1
H
t-J
-t::1 =
(
,-. ---_... -FIRST STAGE -
(
------
PLAN OF
SANTA ANA RIVER INTERCEPTOR
SHOWING FIRST STAGE
' !
REACH
(
. '
I
!REACH 2 : -i-----:·
710310
FIRST AMENDMENT TO
WASTE WATER TREATMENT AND DISPOSAL AGREEMENT
THIS AMENDMENT of the Waste Water Treatment and
Disposal Agreement of May, 1970, is made and entered into
this day of March, 1971, by Sanitation Districts and
Riverside District.
-RECITALS
1. Riverside District has in good faith and with due
diligence sought to implement the provisions of the Waste
Water Treatment and Disposal Agreement within the time periods
set forth.
2~ Riverside District and District 2 have concurrent-
ly herewith entered into an amendment of and supplement to
the Waste Water Interceptor Capacity Agreement, whereby
Riverside District commits itself to purchase and acquire a
50 m.g.d. capacity right in the first stage of Reach 1 of the
Santa Ana River interceptor in order to preserve said capacity
for use for the draining area upstream from Prado Dam.
3. Ultimate implementation of the regional interceptor,
treatment and disposal system contemplated by the original
agreements between the parties is in the best interests of the
general public within the Santa Ana River Watershed.
NOW THEREFORE, IN CONSIDERATION of the premises, of the
concurrent execution of said amendment of the Waste Water Inter-
ceptor Capacity Agreement, and of the covenants hereinafter
EXHIBIT E
-1-
......, 710310
contained, the parties hereto agree as follows:
1. Effective Date and Term of Right. Paragraph l(d)
-is amended to add at the end thereof the clause: "but in no
event later than December 31, 2023."
2. Payment for Initial 5 m.g.d. Regulated Maximum
Flow. Paragraph 2(a) (1) is amended to read: "The sum of
$1,625,000, escalated, payable prior to discharge of waste
water by Riverside District pursuant hereto."
3. Financing by Riverside District. Paragraph 8 is
amended to read in full as follows: "Riverside District
shall finance, construct and install its own waste water
collection system within its boundaries for the purpose of
delivering its waste water to the delivery point."
IN WITNESS WHEREOF, the parties have executed this
agreement as of the day and year first above writter.
EXHIBIT E
-2-
( COUNTY SANITATIOJ.'W IST11ICT NO. 2
PRELIMINARY CASH FLOW ~Jl'ATEMENT PROJECTIONS
FISCAL YEARS 1970-71 THROUGH 1974-75
( .cvised 12/31/70
Without Participation By Riverside County
Description
RE\iTENUE
Tax Revenue (at current rate of $.4256)
Other Revenue
Federal Participation
Miscellaneous
Carry-Over From Previous Fiscal Year
Total Funds Available
EXPENDITURES
Master 'Plan Construction
Other Expenditures -Operating
and Joint Works Expansion
Total Expenditures
Carry-Over to Following Fiscal Year
Minimum Required Reserve Carry-Over
Fund Balance or (Deficit)
One cent added to tax rate wiil raise
* * * * * * * * *
1970-71 1971-72 1972-73 1973-74 1974-75
$ 3,688,000 $ 3,983,000 $ 4,301,000 $ 4,645,000 $ 5,017,000
610,000
604,ooo
7,865,000
472,000
375,000
7,268,000
196,ooo
375,000
4,554,ooo
i96,ooo
375,000
2,530,000
196,ooo
375,000
(622_, 000)
$ 12,767,000 $ i2,098,ooo $ 9,426,000 $ 7,746,ooo $ 4,966,000
$ 150,000 $ 3,575,000 $ 3,650,000 $ 5,098,000 $ 4,165,000
5,349,000 3,969,000 3,246,ooo 3,270,000 3,341,000
$ 5,499,000 $ 7,544,ooo $ 6,896,000 $ 8,368,000 $ 7,506,000
$ 7,268,000 $ 4,554,ooo $ 2,530,000 $ ( 6 2 2 , o o o ) $ ( 2 , 5 L~o , o o o )
(3,955,000) (3,406,000) (3,852,000) (3,411,0001 (1,558,000)
$ 3,313,000 $ 1,148,ooo $ (1,322,000) $ (4,033,000) $ (4,098,000)
$ 86,645 $ 93,576 $ 101,063 $ 109,148 $ 117,879
( COUNTY SANITAT!uN DISTRICT NO.
(
2 Revised 12/31/70 PRELIMINARY CASH FLOW STATEMENT PROJECTIONS
FISCAL YEARS 1970-71 THROUGH 1974-75
With Participation By Riverside County
* * * **~··'<--* *
Description 1970-71 1971-72 1972-73 1973-74 lg74-75
REVENUE
Tax Revenue (at current rate of $.4256) $ 3,688,000 $ 3,983,000 $ 4,301,000 $ 4,645,000 $ 5,017,000
Other Revenue
Federal Participation 610,000 472,000 196,ooo 196,ooo 196,ooo·
Riverside Participation 1,625,000
Miscellaneous 604,ooo 375,000 375,000 375,000 375,000
Carry-Over From Previous Fiscal Year 72865.2000 722682000 629292000 526552000 2.z9602000
Total Funds Available $ 12,767,000 $ 13' 723·, 000 $ 11,801,000 $ 10,871,000 $ 8,548,ooo
EXPENDITURES
Master Plan Construction $ 150 ·' 000 $ 2,825,000 $ 2,900,000 ~ 4,298,000 $ 2,865,000
Repayment to Other Dists. for RCFCWCD Equity 343,000 326,000
Other Expenditures -Operating and
Joint Works Expansion 523492000 329692000 322462000 322702000 3 2341.zOOO
Total Expenditures $ 5,499,000 $ 6,794,ooo $ 6,146,ooo $ 7,911,000 $ 6,532,000
Carry-Over to Following Fiscal Year $ 7,268,000 $ 6,929,000 $ 5,655,000 $ 2,960,000 $ 2,016,000
Minimum Required Reserve Carry-Over {32580"000) {320312000) {324532000) {227612000} {125582000)
Fund Balance or (Deficit) $ 3,688:000 $ 3,898,000 $ 2,202,000 $ 199,000 $ 458,000
One cent added to tax rate will raise $ 86,645 $ 93,576 $ 101,063 $ 109,148 $ 117,879
.
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