RESOLUTION NO. 24-186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING FIVE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) REORGANIZATION AGREEMENTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS WHEREAS, South Orange County Water Authority (SOCWA) is a regional Joint Powers Authority providing for the operation, maintenance and permitting for three wastewater treatment plants and two ocean outfalls in South Orange County; and WHEREAS, the City is one of seven member agencies within SOCWA, including: El Toro Water District, Emerald Bay Service District, City of Laguna Beach, Moulton Niguel Water District, Santa Margarita Water District, and South Coast Water District; and WHEREAS, SOCWA was formed in 2001 when the South East Regional Reclamation Authority (SERRA), Aliso Water Management Agency (AWMA) and South Orange County Reclamation Authority (SOCRA) consolidated to meet the wastewater needs of approximately 500,000 homes and businesses across South Orange County; and WHEREAS, the SOCWA member agencies have been evaluating the various Agreements over the past few years and discussing reorganization options; and WHEREAS, the SOCWA member agencies have or are considering certain Reorganization Agreements that reorganize SOCWA, affect and transfer member agency capacity rights, and assign or transfer certain assets and liabilities, in connection with the withdrawal of Moulton Niguel Water District from SOCWA, which is in the best interest of the City of San Clemente and SOCWA.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated fully herein.
SECTION 2. That the City Council hereby approves the following SOCWA Reorganization Agreements: Amendment #1 to Joint Powers Agreement, Asset and Capacity Transfer Agreement (Agreement No. 1), MNWD-SOCWA Withdrawal Agreement (Agreement No. 4), Assignment and Assumption Agreement (PC 5, Agreement No. 6), and the Transfer Price Allocation MOU (collectively, the “Agreements”).
SECTION 3. That the City Manager is authorized and directed to execute the Agreements in forms substantially similar to those presented to the City Council on November 19, 2024, subject to minor and non-substantive revisions or corrections approved by the City Attorney.
SECTION 4. That staff is authorized and directed to execute such other documents and take such other and further actions as may be necessary and proper to accomplish the purposes of this resolution or implement the reorganization of SOCWA.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2024.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-186 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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Resolution No. 24-186 Page 3
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