HomeMy WebLinkAbout1994-245
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RESOLUTION NO. 9,4-245
2
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT POWERS
AGREEMENT OF 1994 BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY
4 OF LOMA LINDA FOR SEWAGE DISPOSAL.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION ONE: That the City of San Bernardino shall enter into
9 a Joint Powers Agreement between the City of San Bernardino and the
10 City of Loma Linda for use of the City of San Bernardino Wastewater
11 Treatment Plant by the city of Loma Linda.
12 SECTION TWO: That the Joint Powers Agreement of 1965 between
13 the City of San Bernardino and the Loma Linda Sanitation District
14 be terminated.
15 SECTION THREE: That the Joint Powers Agreement of 1994,
16 referred to herein, a copy of which is attached hereto, marked
17 Exhibit "A" and is hereby referred to and made a part hereof as
18 though set out at length herein, is hereby approved.
19 SECTION FOUR: That the Mayor and the City of San Bernardino
20 is hereby authorized and directed to execute said Joint Powers
21 Agreement of 1994 on behalf of the City of San Bernardino.
22 I HEREBY CERTIFY that the foregoing Resolution was duly
23 adopted by the Mayor and Common Council of the City of San
24 Bernardino at a
25 the 15th day of
26 to wit:
27 I I I I I
28 I I I I I
August 15, 1994
regular
meeting thereof, held on
August
, 1994, by the following vote
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94-245
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT
1 OF 1994 BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA
LINDA FOR SEWAGE DISPOSAL.
2
3 Council Members:
4 NEGRETE
5 CURLIN
6 HERNANDEZ
7 OBERHELMAN
8 DEVLIN
9 POPE-LUDLAM
10 MILLER
11
12
13
14
AYES
x
x
x
x
x
x
x
NAYS
ABSTAIN
ABSENT
f2~~
'- Rachel Clark, City Clerk
15 The foregoing resolution is hereby approved this 19th
16 day of
17
18
19
20
August
, 1994.
21 APPROVED AS TO FORM
AND LEGAL CONTENT:
22
23 JAMES F. PENMAN
City Attorney
24
25
26
27
28
August 15, 1994
---;e;;;~
/ 'Tom Minor, Mayor
city of San Bernardino
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, j f~
. 94---245
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JOINT POWERS AGREEMENT OF 1994
BETWEEN
THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA LINDA
This Agreement, pertaining to the collection, treatment, and disposal of sanitary sewage, is
entered into on the :l.31't<,( day of {Ucr~-t:- 1994, by and between the City of San
Bernardino, a charter city, by and through its Board of Water Commissioners hereinafter sometimes
referred to as San Bernardino, and the City of Lorna Linda, successor to the Lorna Linda Sanitary
District, a charter city, hereinafter sometimes referred to as Lorna Linda, both within the County of San
Bernardino.
WHEREAS, certain facilities will serve both public agencies resulting in a substantial saving
of money to each public agency; and
WHEREAS, said public agencies are authorized to contract with each other of the joint exercise
of any common power under Article 1, Chapter 5, Division 7, Title 1 Section 6500 et.seq. of the
Government Code; and
WHEREAS, a similar joint powers agreement between the City of San Bernardino and the
Lorna Linda Sanitation District, which district has since been succeeded by the City of Lorna Linda,
dated the 25th day of January 1965, has been twice amended, and the original term of that agreement
having since expired;
NOW, THEREFORE, the following public agencies: City of San Bernardino, Board of Water
Commissioners ofthe City of San Bernardino and City of Lorna Linda for and in consideration of the
mutual promises and agreements hereinafter stated and the performance thereof, and for other valuable
and adequate consideration, do promise and agree for and on behalf of themselves and their successors
in interest as follows:
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94 245
SECTION 1. Purpose of Agreement Common Power to be Exercised.
This agreement, made under the provisions of Article 1, Chapter 5, Division 7, Title 1 Section
6500, et. seq., of the Government Code is for the purpose of obtaining for each public agency facilities
for the collection, treatment and disposal of sewage, and each public agency has in common the power
to acquire, construct, maintain, repair, manage, operate and control facilities for said purpose. Said
purpose will be accomplished and said common power exercised in the manner hereinafter set forth.
SECTION 2. Term of Agreement.
This agreement shall become effective and be in full force as of the ;Z3Jw{ day ofClur-v.:;;t
1994 and continue for an initial term of 10 years. Thereafter, in the absence ofa written notice of non-
renewal given by either San Bernardino or Lorna Linda to the other party at least sixty (60) days before
the termination of the agreement, the term of the agreement shall be extended for five (5) years, for the
maximum of thirty (30) years, unless this agreement be terminated or supplanted by a new agreement
by mutual consent of the two (2) parties.
SECTION 3. Administration.
San Bernardino, through its Board of Water Commissioners, subject to the charter ofthe City
of San Bernardino and this agreement, shall administer and execute this agreement and do all acts
necessary for the exercise of said common power for said purpose, as herein provided.
SECTION 4. Definitions.
The following definitions shall apply to this agreement:
A. Blue Line
There exists a sewer line with a maximum peak rate of flow capacity of approximately
7 MGD at three quarters full, running northwesterly from the site of Lorna Linda's
existing treatment plant to collection point located at the intersection of the most
easterly boundary of the San Bernardino City Limits and Redlands Boulevard, and a
metering device at or near such latter location. This sewer line and metering device are
Joint Powers Agreement of 1994
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San BernardinolLoma Linda
94 245
i owned solely by Lorna Linda, but may be operated and maintained by San Bernardino
and controlled jointly by Lorna Linda and San Bernardino. Said sewer line shall
hereinafter sometimes be referred to as the "Blue Line".
B. Red Line
There exists a trunk sewer line with a maximum peak rate of flow capacity of
approximately 7 MOD at three quarters full, running northerly from the said collection
point at the intersection of Caroline Street and Artesia Street to San Bernardino City
Limits and Redlands Boulevard to San Bernardino's existing lift station located east of
San Bernardino's Water Reclamation Plant. Said trunk sewer line running northerly
from the collection point located at the intersection of Caroline Street and Artesia Street
is owned solely by Lorna Linda, but may be operated and maintained by San
Bernardino and controlled jointly by Lorna Linda and San Bernardino. Said trunk
sewer line shall hereinafter sometimes be referred to as the "Red Line".
C. Regional Costs
Those costs associated with regional facilities, as referenced in Section 13 of this
agreement shall hereinafter sometimes be referred to as the regional costs.
D. Regional Facilities
Those sewer facilities used by San Bernardino, Lorna Linda, and others, including the
Red Trunk Sewer and Wastewater Facilities and such additions and improvements to
the regional facilities as may be required for adequate treatment and disposal, shall
hereinafter sometimes be referred to as the regional facilities. Present regional facilities
include the wastewater treatment facilities and outfall sewer lines and interceptors of
said San Bernardino, which carry Lorna Linda sewage.
Joint Powers Agreement of 1994
3
San Bernardino/Lorna Linda
94 245
SECTION 5. Right to Use of Red Line Trunk Sewer.
Lorna Linda shall have and own, for the existence of this agreement, a right to discharge its
sewage into the red line trunk sewer for conveyance to the San Bernardino treatment plant. The only
charges to Lorna Linda in the future shall be those hereinafter authorized in Section 13. Lorna Linda
shall discharge all sewage entering any of its sewage collection facilities into said red line trunk sewer
at the collection point located at the intersection of Caroline Street and Artesia Street.
SECTION 6. Limitations on Lorna Linda in Regard to Quality of Sewage.
Lorna Linda expressly agrees to the following separate, distinct and cumulative limitations:
Lorna Linda shall obey the applicable statutes, ordinances rules and regulations of agencies of
the United States of America, the State of California and the County of San Bernardino, having
jurisdiction over the collection, treatment and disposal of sewage and wastes to the same extent that
such statutes, ordinances, rules and regulations apply to the customers of San Bernardino, located with
the San Bernardino City Limits. In addition thereto, Lorna Linda shall pass, adopt and enforce
ordinances, resolutions, rules and regulations (if not already in effect) fundamentally the same as those
ordinances, resolutions, rules and regulations passed and adopted by San Bernardino regulating the type
and condition of sewage and wastes permitted to be discharged into San Bernardino sewers. Lorna
Linda shall require all persons and customers (including public agencies of all types) to obey such
ordinances, resolutions, rules and regulations and shall prohibit said persons and customers to discharge
into said Lorna Linda sewage system any wastes determined to be "unlawful discharges" by the City of
San Bernardino, in accordance with Municipal Code 13.32.080, City of San Bernardino.
SECTION 1. Pretreatment Program
A. All conditions as imposed in Lorna Linda Resolution 1800 as amended.
B. Pretreatment Program Administrative Agreement between San Bernardino and
Lorna Linda dated March 27,1989.
Joint Powers Agreement of 1994
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San BernardinolLoma Linda
94 245
SECTION 8. Service Areas, Right to Collect Charges.
San Bernardino and Lorna Linda agree that the areas within which each is entitled to provide
sewer service and/or collect sewer service charges shall be as set forth in this section. Neither city shall,
without the written consent of the other, be entitled to provide sewer service and/or collect sewer service
charges within any territory assigned to the other under this section.
A. San Bernardino City Territory
San Bernardino (unless otherwise specifically prohibited by this section) shall be entitled
to provide sewer service and collect sewer service charges from all territory now within or that
may come within the San Bernardino boundaries and within any territory now lying south of
San Bernardino boundaries and northerly and westerly of Lorna Linda boundaries that may be
annexed to San Bernardino in the future.
B. Lorna Linda City Territory
Lorna Linda (unless otherwise specifically prohibited by this section) shall be entitled
to provide sewer service and collect sewer service charges from any territory now within the
boundaries of Lorna Linda and any additional territory that may be annexed to Lorna Linda
in the future which at the time of annexation lies outside the boundaries of any city.
c. Boundary Line Lands
The city within which is located lots or building sites adjacent to any present or future
common boundary line between San Bernardino and Lorna Linda shall be entitled to provide
sewer service and collect sewer service charges therein, but said parcels may be served by
connections to the nearest sewer facilities, regardless of whether such facilities are owned by San
Bernardino or Lorna Linda.
D. No Requirement for Service
The designation of the service areas as herein set forth shall be for the benefit of the
cities herein contracting and not for the lands or owners ofland within the areas so designated.
Joint Powers Agreement of 1994
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San BernardinolLoma Linda
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Nothing herein contained shall be construed as to require either of the cities to furnish sewer
services to any particular parcel or parcels of land within any of the areas herein designated.
Each of the cities does hereby reserve any and all rights that they now have or may hereafter
acquire to refuse service to any parcel or parcels of land within any of the areas herein
designated and to impose such rules, regulations, conditions, tolls, charges, assessments, rates,
limitations and restrictions as they deem fit for the furnishing of a sewer service or the
continuation thereof, which are not inconsistent with the provisions and rights and obligations
set forth in this agreement.
E. Rei:ional Service
Nothing in this section shall be construed to prohibit the provision of sewer services by
either of the parties to this Joint Powers Agreement in the areas within or without the
boundaries of said parties and shown within the service area as outlined in the Focused
Facilities Master Plan for the San Bernardino Water Reclamation Plant, on me in the Public
Works Department of the City of Lorna Linda and the City of San Bernardino, subject to the
purchases, from time to time, of sewer capacity rights.
SECTION 9. Regional Cost Sharing.
The costs of regional facilities will be shared by San Bernardino and Lorna Linda as parties to
Joint Powers Agreements in proportion to the number of equivalent dwelling units in each jurisdiction.
A regional cost per DUE will be determined at the close of each fiscal year by dividing the regional costs
by the total number of regional sewer DUE's. Each agency will then be responsible for the regional cost
for the number of DUE's related by flow or by units billed by Lorna Linda customers.
SECTION 10. Regional Charges.
San Bernardino and Lorna Linda each agree to adopt a uniform regional sewer rate ordinance
as related to setting charges applicable to Regional Facilities and Treatment Charges and a uniform
base fee for Treatment Capacity to meet future increased treatment demand.
Joint Powers Agreement of 1994
6
San Bernardino/Loma Linda
'. :
94 245
Thi rate structure shall be developed in accordance with the California State Water Requir~d
Control Board (SWRCB) guidelines for State Revolving Fund loans. San Bernardino is in receipt of
such loans for upgrades to the treatment plant. An approved Revenue Program must be on file with
the SWRCB which establishes fair and equitable rates for all users of the regional facilities. The
Treatment Capacity charges to provide additional capacity to meet additional demand at the Regional
Treatment Plant shall be uniform to Lorna Linda and San Bernardino and as established by Resolution
of the Mayor and Common Council of the City of San Bernardino. The fees shall be collected by San
Bernardino and shall be used to pay for the public facilities described in the Focused Facilities Master
Plan to be constructed by the San Bernardino Water Department.
SECTION II.
Residential and Commercial Users.
Recovery of costs to meet total operating revenue requirements shall be from Residential
Dischargers and Commercial Dischargers. ResidentialDischargers shall be any residential dwelling unit
which, iflocated within Lorna Linda, does not require a Lorna Linda Business License for occupancy
and operation thereof; Single-Family Dwelling (1 unit), Duplex (2 units), Triplex (3 units).
Commercial Dischargers shall include all dischargers other than residential, which, if located
within San Bernardino, do require a San Bernardino License for occupancy and operation, including
apartment houses and mobile homes or other such living quarter facilities in excess ofa triplex or three-
unit complex.
SECTION 12.
Separation of funds.
San Bernardino agrees that any funds relating to the joint facilities will be subject to separate
accounting and that such funds shall not be used by San Bernardino for any other purpose.
SECTION 13.
Local Charge.
San Bernardino and Lorna Linda retain and reserve the right to levy charges in establishing the
monthly sewer charges to users in each of their respective sewer service areas. Regional facilities
revenues are restricted to regional facilities.
Joint Powers Agreement of 1994
7
San Bernardino/Lorna Linda
,I:
94 245
SECTION 14. Payments by Lorna Linda.
As compensation to San Bernardino for services rendered in the providing of treatment
capacity, the treating and disposing of waste discharged by Lorna Linda into said red line trunk sewer,
or other sewers adjacent to Lorna Linda, Lorna Linda shall pay to the Board of Water Commissioners
at the end of each monthly period, or other period established by Lorna linda for imposing and
collecting sewer service charges to the aggregate of "Regional Facilities and Treatment Charges and
Regional Capacity Charges as set forth in City of San Bernardino Ordinance and Resolutions."
Any amount of said payment which is in dispute shall be paid to the City with a notation that
it is paid under protest and shall be reviewed by each party for resolution.
Payments due at the end of the period specified above shall be paid within thirty (30) days of
said due date. Payments not made within said thirty (30) days shall bear interest at the rate of the
current prevailing prime rate of interest per annum from the date thereof until paid.
SECTION 15. Records, Accounts, Inspection and Audit.
Lorna Linda shall keep a complete and up to date list of all persons and customers of every kind
and nature (including public agencies of all lypes) discharging into or using its system and shall keep
proper books of record and accounts in which complete and correct entries shall be made of all
transactions (including all receipts and disbursements) relating to the provisions of sewer service and
the collection of sewer service charges. Said list, books of record and accounts shall be kept in such
reasonable detail that San Bernardino can ascertain the aggregate charges which San Bernardino would
have collected, if the persons and customers served by Lorna Linda or emptying into Lorna Linda's
system had been located in San Bernardino. Said list, books or record and accounts shall, upon written
request, be subject to inspection by any duly authorized representative of San Bernardino. Said list,
books of record and accounts may be audited by an independent certified public accountant or firm of
certified public accountants appointed by San Bernardino and approved by Lorna Linda, and a copy
of the report of such accountant or accountants shall be given to each public agency. San Bernardino
Joint Powers Agreement of 1994
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San Bernardino/Loma Linda
94 245
shall notify Lorna Linda, within a reasonable time before the audit is to commence, of the identity of
the auditor or auditing fIrm. The expense of said audit shall be shared by said public agencies equally.
San Bernardino may, upon written request, inspect Lorna Linda's sewage collection facilities at
reasonable intervals.
SECTION 16. Effect of Agreement Nature of Obligations.
Lorna Linda agrees that it will prescribe, revise and collect such rates and charges for the
services, facilities and use of its sewer system as will produce, after allowance for contingencies and error
in estimates, suffIcient revenues to discharge all obligations under this agreement and all other
obligations of Lorna Linda which are a charge upon or payable from such revenues.
The expenses of and claims against Lorna Linda under this agreement are general obligations
of Lorna Linda, and if Lorna Linda has no revenues or if the revenues of Lorna Linda are, or in the
judgement of Lorna Linda are likely to be inadequate to pay debts, expenses and claims against Lorna
Linda, including all expenses and claims payable under this agreement, Lorna Linda shall cause an
annual tax to be levied upon the taxable property within its jurisdiction suffIcient to pay all expenses
and claims payable under this agreement. All monies derived from such tax and all other moneys
allocated and designated for the payment of said obligations, including all expenses and claims payable
under this agreement, shall be placed in a special fund of Lorna Linda and until all of said obligations
have been fully paid, the moneys in said fund shall be used for no other purpose than the payment of
said obligations. Lorna Linda shall notify San Bernardino of the name of said special fund upon its
establishment.
Nothing herein shall be construed as prohibiting San Bernardino or Lorna Linda from issuing
revenue bonds or other evidences ofindebtedness payable from the revenues from sewer service charge
or other sewer system revenues and which have, as to said sewer charges and revenues for any sums
required for the payment or security of the principal thereof or interest thereon, a priority over
obligations payable under this agreement.
Joint Powers Agreement of 1994
9
San BernardinolLoma Linda
, ..
94 245
SECTION 17.
Severability.
If any section, subsection, sentence, clause, phrase or word of this agreement, or the application
thereof to either public agency or to any other person or circumstance, is for any reason held invalid,
it shall be deemed severable and the validity of the remainder of the agreement or the application of
such provision to the other public agency, or to any other persons or circumstance, shall not be affected
thereby. Each public agency hereby declares that it would have entered into this agreement and each
section, subsection, sentence, clause, phrase, and word thereof irrespective of the fact that one or more
section, subsection, sentence, clause, phrase or word, or the application thereof to either public agency,
or any other person or circumstance, be held invalid.
SECTION 18.
Amendments.
This agreement may be amended or modified by said public agencies in writing by mutual
consent and shall continue thereafter under the provisions of Section 2.
SECTION 19.
Time is of the Essence.
Time is of the essence of this agreement.
Joint Powers Agreement of 1994
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San BernardinolLoma Linda
94-245
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IN WITNESS WHEREOF, each public agency has caused this instrument to be executed by
its respective officials theretofore duly authorized by the legislative bodies thereof.
CITY OF SAN BERNARDINO
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By: / (?ft'L . '4t?$"-...
l\(ayor
AUG 2. 7. 1994
Dated:
ATTEST:
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City C k
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,
Dated:
Approved as to form and legal content:
JIJI'fES r. /$101 ,<.fA,.)
7atvg;~&/
I Y Attorney .
,/'-/1-"/,/
Dated:
Dated:
By:
Dated:
Che I Flowers, Secretary
7~9/91
I
Joint Powers Agreement of 1994
CITY OF LOMA LINDA
~~~a-
Mayor
~
Dated: ..J Une .-2<~ 199'/
,JiZ771~k) ~Z-7U4 - /) ~~
City Clerk i
Dated: T (.)yJf'..- ~.:1 /99Y
,
~
City Attorney ~A
Dated: '; 1/
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San BernardinolLoma Linda