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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. * * * * * * * * * * * * * * * * * 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 .. II 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 ~ ~---'~ \)JtcY;~ ~~·~ •• A . , "/',s00r· (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 i I . i l. __ . 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 ) . I I t L __ _ .. ... ~ I 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 ., .... •. ,,,,·."• 710310 . I 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 ·• A:~·enda. Item #7 C-1 D_:_s tric t ro. 2 ' l I I I L_ ··~ .. \ 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~ .. Capacity Agreement contemplated the .Prior funding by .• . 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 -2- Agenda. Item #7 C-2 _..12.i strj ct iJo. 2 I t .l \ I i I I L_ ~: (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 .. ,,; . 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 I I L l . 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 710310 -4- C-4 ·. i i .i l I I L _ _. I' ' . ·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 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 0 I C\ [_() i\) ---, I . ;;I tlj x :::r: H w H 1-] -0 ' I 1 I \: . ( .. , ....... ...... -FIRST STAGE - •.' ( PLAN OF SANTA ANA RIVER' INTERCEPTOR SHOWING FIRST STAGE · ; I ... ,• ( . ' . ~ . , I . I I ..... I , . '\ 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 -1- D-1 District No .. 2 I l I L . f . . .. 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 -2- D-2 Di.str1ct l:oo ..-: r t I L __ ·r~ I "+· -.. ;: 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 . r ---------~t!o~1 w.&:T/-S4,11~ 9/ ~.;_9/<:-;r/t?/c_r .It/~. ?::::._ ____________________ _ ·:Y."£~_. -_-----------'--------'"""'"'a_$/ riZ.r-:3. 7/0 ;4,d 7/ (;~~/"/i/_,,..:_, ~~/,!l __ tf?' (r~£_.J ·~1 S,,_..• ~e· //>/'/~Z r"'··c_ c~r.--"-'7J'-· X(-"<;_'---------- ,, !11 EYf tASf 4 .~.;1 3 20/20 SUFF