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HomeMy WebLinkAbout04. PROPOSED MORAGA COUNTRY CLUB MEMORANDUM OF UNDERSTANDING FOR RECYCLED WATER SATELLITEN. Central Contra Costa Sanitary District December 2, 2014 TO: REAL ESTATE, ENVIRONMENTAL & PLANNING COMMITTEE VIA: ROGER BAILEY, GENERAL MANAGER JEAN -MARC PETIT, DIRECTOR OF ENGINEERING Ttif DANEA GEMMELL, ENVIRONMENTAL SERVICES DIVISION MANAGER NATHAN HODGES, PROVISIONAL SENIOR ENGINEER O FROM: MELODY LABELLA, PROVISIONAL ASSOCIATE ENGINEER-0 SUBJECT: PROPOSED MORAGA COUNTRY CLUB MEMORANDUM OF UNDERSTANDING FOR RECYCLED WATER SATELLITE FACILITY Background In July 2012, the District entered into a memorandum of understanding (MOU) with the Diablo Country Club and East Bay Municipal Utility District ( EBMUD) to further the Diablo Country Club Satellite Recycled Water Project. Since it was a voluntary, non- binding MOU that the District could back out of at any time, an announcement was made at the June 14, 2012 Board Recycled Water Committee meeting that staff would be executing the MOU. Following that meeting, the General Manager signed the MOU and it was executed by all parties by July 24, 2012. Staff is still in the process of working with the Diablo Country Club to process their project request, which includes scalping wastewater from our collection system to produce recycled water on -site for use in irrigating their golf course. As part of the processing of the MOU, staff intends to develop a policy on how to handle such requests for future satellite facility projects. Moraga Country Club's Proposed MOU Recently, RMC Water and Environment, Moraga Country Club's consultant, requested that a similar MOU be executed between the District, EBMUD and Moraga Country Club for a satellite recycled water facility to irrigate the Club's golf course. The attached MOU is identical to the Diablo Country Club MOU, with the exception of the highlighted sections. District staff requested the addition of the recital to acknowledge that Diablo Country Club's application was received first and will be processed first. The other minor changes (mostly language clean -up) were requested by EBMUD staff. Materially, the two MOUs are similar. N: \ENVRSRV\Board Committees\Real Estate Environmental And Planning\2014 \Moraga Country Club MOU Memo 12- 2- 14.docx Real Estate, Environmental and Planning Committee Moraga Country Club MOU for Recycled Water Satellite Facility Page 2 of 2 Recommendation Since this MOU is non - binding and the District can back out at any time for any reason, staff recommends that, with the support of the Real Estate, Environmental and Planning Committee, the General Manager execute this MOU. ML:sdh N: \ENVRSRV\Board Committees \Real Estate Environmental And Planning\2014\Moraga Country Club MOU Memo 12- 2- 14.docx MEMORANDUM OF UNDERSTANDING BETWEEN EAST BAY MUNICIPAL UTILITY DISTRICT, CENTRAL CONTRA COSTA SANITARY DISTRICT, and THE MORAGA COUNTRY CLUB This Memorandum of Understanding (MOU) is made and entered into this day of , 2014, by and between East Bay Municipal Utility District, ( EBMUD), Central Contra Costa Sanitary District ( CCCSD), and the Moraga Country Club (MCC) for the purposes described herein. Recitals WHEREAS, EBMUD is the potable water purveyor to MCC and CCCSD is the wastewater collection and treatment purveyor to MCC; and WHEREAS, the parties hereto believe that it is sound public policy and good operational practice to develop recycled water resources through financially and environmentally sound projects; and WHEREAS, the parties recognize for their own purposes and by their independent means the benefits of energy and water conservation and the goals of developing sustainable resource use through the proper conservation and reuse of these resources; and WHEREAS, the parties desire to enter into a MOU to collaborate among themsek es for purposes of exploring the feasibility of expanding the beneficial use of recycled water which is anticipated to lead to the potential for the construction and operation of a recycled water satellite treatment plant at MCC thereby promoting the conservation of potable water resources, energy and potentially reducing greenhouse gas emissions; and WHEREAS, the parties do not intend to create a separate public agency through this MOU; and WHEREAS, the parties hereto may later explore the feasibility of changing their organizational structure by establishing a more formal understanding or agreement among themselves as in a separate agreement, if construction projects are to be undertaken jointly or if such changes are deemed necessary in order to receive federal or state funds, or for other necessary regulatory requirements; and WHEREAS, the parties hereto recognize the value of using common resources effectively, and WHEREAS, the parties hereto desire to be proactive on both regulatory issues, conservation issues affecting water and energy resources; and WHEREAS, the parties hereto agree that "recycled water" refers to wastewater treated to meet Title 22 standards of the California Code of Regulations for production, storage, and use of disinfected tertiary recycled water; and WHEREAS, the parties hereto declare their intent to establish and maintain business relations that facilitate the implementation of a cost - effective recycled water project: and WHEREAS, the parties hereto desire to inform the MCC community about the importance of water and energy conservation and the benefits of water reuse; and WHEREAS, the parties hereto wish to coordinate their consideration and review of local, state, and federal policies and programs related to the establishment of recycled water programs at MCC; and WHEREAS, the parties hereto find that promoting the stewardship of water resource management in general and the appropriate development and use of recycled water at MCC in particular, for the common benefit of all parties and their constituencies within the region; and WHEREAS, the parties intend that participation in this MOU be entirely � oluntary, and that any party may elect to withdraw from the MOU at any time if the project is determined to be infeasible by any of the parties and for any reason. WHEREAS, the parties acknowledge that the Diablo Country Club is undertaking a similar project to the one envisioned within this MOU, and that the lessons learned therein will inform the MCC project since the MCC project will follow the Diablo Country Club project. NOW, THEREFORE, the parties herby enter into this Memorandum of Understanding, as follows: Representative of the Moraga Country Club: Signature I itle Representative of the East Bay Municipal Utility District: Signature Title Representative of the Central Contra Costa Sanitary District: Date Date Signature Title Date Memorandum of Understanding 1. Definitions. As used in this MOU, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise. a) "MOU" shall mean this Memorandum of Understanding. b) "Coordinating Parties" shall mean the staff from each of the parties and their designated representatives authorized by each party to collaborate on behalf of this MOU. Consultants representing the members may also be part of the Coordination Committee. 2. Purpose. This MOU is being entered into in order to establish coordination between EBMUD, CCCSD, and MCC to carry out the mission, goals, and objectives stated herein related to investigation of the potential for expansion of beneficial uses of recycled water at MCC. While this MOU will serve to better facilitate and clarify the intent of the coordination of these efforts, there is no intent to form any independent or additional authorities. 3. Participant Responsibilities. a) Each participant to this MOU may provide data applicable to the feasibility investigations and discussions on matters related to this MOU including the investigations of the potential for a new recycled water satellite treatment facility that may be located at MCC. Data may include mapping, facility infrastructure data, pressure data, flow data, operational data. water quality data and other information pertinent to the intent of this MOU. b) CCCSD would provide information and coordination on localized wastewater and access to a sewer connection point. c) EBMUD would provide information on potable water service at MCC for uses other than golf course irrigation and on issues relating to its purveyorship of water, including recycled water. 4. Coordination on Feasibility Investigations. a) MCC and its Consultant will lead its efforts in the review and investigations of feasibility and concept development of a potential satellite water reclamation facility. EBMUD and CCCSD will provide collaborative participation with MCC and, as appropriate, may conduct its own independent feasibility investigations and will specify to MCC applicable regulatory guidelines for recycled water production, distribution, and use.