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Home My WebLink About1987-396 1 RESOLUTION NO. 87~396 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO VALLEY 3 MUNICIPAL WATER DISTRICT, THE CITY OF SAN BERNARDINO, AND THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO TO 4, DEVISE A JOINT EFFORT TO REDUCE THE HIGH GROUNDWATER LEVEL IN CITY OF SAN BERNARDINO. 5 6 7 8 THE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hereby authorized and directed to execute on behalf of said City an Agreement with the San Bernardino Valley Municipal Water District, the City of San Bernardino, and the Board of Water Commissioners of the City of San Bernardino to devise a joint effort to reduce the high groundwater level in the City of San Bernardino, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San regular meeting thereof, held on , 1987, by the following Bernardino at a the 2nd November day of vote, to wit: Estrada, Reilly, Flores, Council Members AYES: !',~audsley r ~1inor. r~iller, Pope-Ludlam None NAYS: ABSENT: None ~.._~~"" .....City Clerk 10/19/87 1 1 The foregoing of Noveinber 2 3 4 5 Approved as to form and legal content: 6 7 , ~ Attorney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10/19/87 resolution is hereby approved this f~ day , 1987. ~d-t;.< &t?!<t: fL"..no 2 GROUNOOATER MANAGEMENT AGREEMENT This Agreement is entered into on __~2y~b~~_~~1~aL____ 1987 by and among the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT ("District"), the CITY OF SAN BERNARDINO ("City"), and the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, ("Department") . K1i...~_.Lx..A....L.....s A. The groundwater under the City of San Bernardino has risen to a level where an earthquake might cause liquefaction in large areas of the City, resulting in further damage to buildings, utilities, flood control channels, roads and other facilities. B. While the parties to this Agreement can not control inflow due to rainfall or the conduct of other persons and hence are not able to foresee or insure any particular result, it is possible for them jointly to mitigate the risk of liquefaction through their joint efforts and by coordinated management of the groundwater basin. C. After lengthy review and discussion, the parties have devised a joint effort to reduce the high groundwater level, which will minimize the risk of liquefaction and provide for coordinated management of the groundwater basin (hereafter the "Program") . make s D. The City, District and Department agree that no economic sense to allow groundwater levels to rise it and 1 fall in uncontrolled fashion to the extent they have historically done during wet and dry periods. City, District and Department have the ability, working together, to moderate water levels in the Basin to the advantage of all pumpers in the Basin. A managed Basin will enable all pumpers to better plan their costs and will also enable them to avoid wide swings in costs. E. By this Agreement, the parties desire to establish the terms and condi tions for accompl ishment of the foregoing. In consideration of the mutual covenants and conditions contained herein, the parties agree as follows: .Ql'EM.1'lY1U'llQ':l.1S.1Qll..s 1. l.D~.I'p.Q.I,g...ti.Q.n..~_.B~t~.I~.ll!<e.a The ,"Reci tal s," contained in this Agreement constitute a material part of this Agreement and are incorporated by reference as though fully set forth hereat. 2 . ~j,..tY_,g..!l9_.Pi..!?~.Ii,g~~"!?_~.Q.D..td.p'y.t.i.Q.n.. Ci ty and Di st r i ct realize that the program may be expensive over a period of years. It is impossible to put a precise dollar value on the cost, but it is anticipated that the value of services provided by the City, District and Department in this coordinated program will be signif icant. 3 . .Pi..!?.td,g~~..!?_.ll..!?~_.Q.L.P~.P!U.tm~.D~~..!?_l'.I.Q~.I.i:Y.a (a) The Department will allow the District to use facilities at a cost to be agreed upon on a facility by facility basis, but those costs will be significantly below what it would cost the District to construct facilities of its own. (b) It is further anticipated that from time to 2 time the District will be able to sell water which it has stored in the past for City, to other areas. It will be able to deliver this water by moving it through facilities already constructed and owned by the City and Department. It is anticipated that significant revenues will inure to both the District and the City as this program is implemented. Again, because of the difficulty of looking into the future it is impossible to place a precise dollar value on the benefits that will inure to both City and District. 4. ~.!).~.!-,!'ygj,.QlL.QL!'~.9Uj..!-j,~~... Distr ict and Department agree to construct a booster station and associated facilities at Electric Avenue. This will be the first joint proj ect of the City, Department and the District. It is anticipated that the City and Department will donate the land necessary for the project and that the District will then build the project. It is further anticipated that the facility will be operated jointly by the parties in order to help achieve the goals of the program. The costs of construction and operation of further facilities shall be financed, in cooperation with District and Department, upon terms and conditions as determined by the mutual agreement of Department and District. s. .b.9.9j,.!-j,.Q.!).~L~.Q'!)'.!-.Ij..l?'y!;j,.Ql1JLl>~_!li!l!;.Ii.9.!;... Subj ect to subsequent agreement by the parties on the terms of the program, District shall contribute to Department One Hundred Thousand ($100,000) Dollars as a grant, and One Hundred Thousand ($100,000) Dollars as a loan to be repaid by Department to District on mutually acceptable terms and conditions. said funds 3 will be used solely to purchase energy to immediately commence extractions from the high groundwater area for delivery to areas such that the high groundwater table will be lowered by such extractions and removed in such a manner and to such locations as to prevent such extractions from contributing in any manner to the high groundwater problem subsequent to the extractions. 6. .Pi>!'?1.l.!l1.!.!!.g.llL.llllU1l. In connection with the implementation of the program, the parties to this Agreement shall not take any action which will adversely affect the existing rights of downstream users with respect to water currently available to them. 7 . ~QQ.P-lu.1i.911... (a) Each party shall reasonably cooperate with each other party in performing all obligations on such party's part to be performed as provided in this Agreement, so that the purposes of this Agreement can be fulfilled. (b) Each party shall take such further steps and shall sign or cause to be signed such further documents as are necessary to fulfillment of the purposes of this Agreement. 8. .1'.!!.!'.!!IjD!!1i.9D... This Agreement shall terminate on December 31, 1989 unless extended by the parties in a further agreement reached for the purpose of implementing the program provided for herein. Executed at San Bernardino, California on the date first above written. ~~~~~~~~~~ Secretary SAN :;~h;j~~Fi~LEY ~UNICIPAL By _~~~~________ President 4 ATTEST: CITYJi,F SAN BERNARDINO BYC/i --I . ~_~ !.~ ~ ~~~. L<'_~'='/_ i ~zKb~_______ City Clerk -4----- WATER DEPARTMENT OF THE CITY OF SAN BERNARDINO By 714#4&d1i~ pr{#dent 5