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'CITY OF SAN BERt::\RDINO - REQUEST q>R COUNCIL ACTION
From:
Bernard C. Kersey, General Manager
Subject:
TERMS AND CONDITIONS FOR THE PROPOSED
MERGER OF SOUTH SAN BERNARDINO WATER
DISTRICT WITH THE CITY OF SAN BERNARDINO
(LAFCO 2265)
Dept:
Water Department
Date: April 23, 1991
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
Contact person:
Bernard C. Kersey
Phone: 384-5091
Supporting data attached:
Yes
Ward:
1st
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.!
(Acct. Descriotion)
Finance:
Council Notes:
75.0262
Agenda Item No. .~
. CITY OF SAN BEIOADINO - REQUESTOoR COUNCIL ACTION
.
STAFF REPORT
The Board of Directors of South San Bernardino Water District
initiated proceedings to merge the South San Bernardino Water
District with the City of San Bernardino. The terms and conditions
of the proposed merger are that the City of San Bernardino assume
all of the District's equipment, contracts, assets and liabilities,
and all of their existing employees.
The District has a general tax levy and debt service tax levy for
the tax rate area codes within the District's boundaries. The debt
service tax levy is for $150,000.00. General Obligation Bonds
authorized and approved by the voters of the District on March 4,
1958, and issued March 1, 1988. The bonds mature on March 1, 2013.
The San Bernardino Municipal Water Department has provided
supplemental water to the District since 1982. Initially, the
delivery of water was to assist in lowering the water table within
the Bunker Hill Pressure Zone. Currently, Water Department
deliveries of water to the District account for approximately
ninety (90) percent of the source of supply, since they have had
to shut their wells down due to contaminants. To provide service
to the District's service area, the Water Department will have to
install additional interties between the two systems and most
probably pressure reducing stations to lower our water pressure
which is in excess of 100 psi. The funds to pay for the interties
should be taken from the District's capital reserve funds
designated for system improvements.
The Board of Water Commissioners has reviewed the District's terms
and conditions for the merger and has agreed to all of the
conditions, including retention of all of the District's current
employees. There -are currently four (4) District employees. The
Board agrees to recognize seniority, vacation and sick leave
accrual, and current rates of pay (as close as practical). All of
the District's employees would be eligible for and receive all
benefits currently provided to Water Department employees.
Resolution No. 424 of the Board of Water Commissioners was approved
on April 23, 1991, which sets forth the acceptable terms and
conditions of the proposed merger, and recommends that the Mayor
and Common Council adopt a similar resolution.
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75.0264
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4 A RESOLUTION OF THE BOARD OF WATER COMMISSIONERS, CITY OF SAN
BERNARDINO, SETTING FORTH TERMS AND CONDITIONS FOR THE MERGER or
5 THE SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY or SAN
BERNARDINO.
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RBSOLU'l'IOIl 10. 424
SECTION ONE:
The Board of Water Commissioners, City of San
Bernardino, hereby finds and determines:
a)
That the Board of Directors of the South San Bernardino
Water District has filed Resolution No. 91-1 to initiate
proceedings pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985 (Government Code Section 56000
et. seq.) for the merger of the South San Bernardino
Water District with the City of San Bernardino; and
b)
Notice of the intent to adopt south San Bernardino Water
District Resolution No. 91-1 has been given to each
interested and affected agency; and
c)
That the public convenience and necessity require that
the proposed merger take place; and
d)
That over ninety percent of South San Bernardino Water
District is within the corporate limits of the City of
San Bernardino; and
e)
That it is desired that the proposed merger be subject
to the following terms and conditions in addition to
those normally associated with the Local Agency Formation
Commission review:
(1)
That the City of San Bernardino shall be the
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successor agency, under the control, management,
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and jurisdiction of the Board of Water
Commissioners, to all rights, responsibilities,
properties, equipment, contracts, assets and
liabilities, and functions of the South San
Bernardino Water District;
(2) All full-time employees of the South San
Bernardino Water District shall be retained,
through the Board of Water Commissioners, with
their current seniority and accrued sick leave and
vacation; every effort shall be made to retain
said employees at, or as close to, their current
rates of pay as possible; all other employee
rights and benefits shall be those available to
employees of the San Bernardino Municipal Water
Department; and
(3) Property tax revenues attributable to the South
San Bernardino Water District shall be transferred
to the City of San Bernardino and credited to the
Water Fund.
(4) All delinquent taxes and any and all other
collections or assets of the South San Bernardino
Water District shall accrue and be transferred to
the City of San Bernardino and credited to the
Water Fund.
That the reason for this proposed merger is to provide
reliable water supply for the inhabitants of the South
San Bernardino Water District.
The territory proposed to be merged is inhabited and a
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description of the boundaries of the territory are set
forth in Exhibit "A" attached hereto and by this
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7 COMMISSIONERS, CITY OF SAN BERNARDINO, hereby adopts and approves,
8 and further recommends that the Hayor and Common Council adopt a
9 similar resolution approving the terms and conditions of the
10 proposed merger of South San Bernardino Water District with the
11 City of San Bernardino.
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reference incorporated herein; and
h)
The proposed merger is consistent with the sphere of
influence assigned for all affected agencies.
THEREFORE
BE
IT
RESOLVED
THAT
THE
BOARD
OF
WATER
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Board of Water Commissioners of the City of San
Bernardino at a regular adjourned meeting thereof held on the 23rd
day of April, 1991 by the following vote to wit:
AYES:
Commissioners
Willis. Urata and Garcia
Chandler.
NAYS:
None
ABSENT:
Commissioner Bivens
ERNARD C.
puty City Clerk &
x-Officio Secretary
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EXHIBIT "A" - I, ~
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RESOLUTION NO.91-1
A RESOLUTION OF APPLICATION BY THE SOUTH
SAN BERNARDINO WATER DISTRICT BOARD OF DIRECTORS
REQUESTING THE WCAL AGENCY FORMATION COMMISSION
TAKE PROCEEDINGS FOR THE MERGER OF THE SOUTH
SAN BERNARDINO WATER DISTRICT WITH THE
CITY OF SAN BERNARDINO.
SECTION 1. The Board of Directors of the South San
Bernardino Water District hereby finds and determines:
(a) That this Board desires to initiate proceedings
pursuant to the Cortese-Knox Local Government Reorganization
Act of 1985 (Government Code Section 56000 et. seq.) for the
merger of the South San Bernardino Water District with the
City of San Bernardino; and,
(b) Notice of the intent to adopt this resolution of
application has been given to each interested and affected
agency: and,
(c) That the public convenience and necessity
require that the proposed merger take place: and,
(d) That it is desired that the proposed merger be
subject to the following terms and conditions in addition to
those normally associated with Local Agency Formation
Commission review:
(1) That the City of San Bernardino shall be the
successor agency to all rights, responsibilities,
properties, equipment, contracts, assets and liabilities,
and functions of the South San Bernardino Water District;
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(2) All full-time employees of the South San
Bernardino Water District shall be retained by the City of
San Bernardino at their current rates of pay: accrued sick
leave; vacation and sick leave accrual rates; retirellent
programs and benefits; seniority rights; medical and dental
benefits; and all other salaries, benefits, and employee
rights now provided; and,
(3) Property tax revenues attributable to the
South San Bernardino Water District shall be transferred to
the successor agency;
(4) All delinquent taxes and any and all other
collections or assets of the South San Bernardino Water
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District shall accrue and be transferred to the successor
agency.
(e) That the reason for this proposed merger is to
provide reliable source of water for the inhabitants of the
District.
(f) The territory proposed to be merged is inhabited
and a description of the boundaries of the territory is set
forth in Exhibit "A" attached hereto and by this reference
incorporated herein; and,
(g) This proposal is consistent with the sphere of
influence assigned for all affected agencies.
SECTION 2. That the Board of Directors of the South
San Bernardino Water District, therefore, hereby resolves
and orders:
(a) That this Resolution of Application is hereby
adopted and approved by this Board; and,
(b) That the Local Agency Formation Commission of
San Bernardino County is hereby requested to take
proceedings for the above-referenced proposed merger, as
described in Exhibit "A" attached hereto, and according to
the terms and conditions stated above and in the manner
provided by the Cortese-Knox Local Government Reorganization
Act of 1985.
PASSED AND ADOPTED "by the Board of Directors of the South
San Bernardino Water District, State of California, at a
reqularmeeting thereof held on the 19th day of March, 1991,
by the following vote:
AYES: Directors A. Webb, S. Webb, A. Swanson.
NOES: Directors C. Minesinger, E. Merryman.
ABSENT: None.
ABSTENTIONS: None.
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Adam Webb
President of the Board
ATTEST:
~7P.~
Antonio R. Sedano
Secretary to the Board
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I hereby certify that the foregoing Resolution was
passed and adopted by the Board of Directors of the South
San Bernardino Water District on this 19th of March, 1991.
Witness my hand and the Seal of said District.
(Seal)
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Antonio R. Sedano
Secretary to the Board
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LOCAL AGENCY FORMATION COMMISSION RICIIVED
175 West Fifth Street, Second Roor MAR 2 9 1991
SlIn BernardIno, CA 92415.0490 . (714) 387-5868 . FAX (714)387-5871
COIIIIISSIONDS
ELMER J. DlONEO
City Member
ROBERT L. HAMMOCK
Board of Supervllors
WILLIAM KRAGNEss, Chair
City ....mber
HUMBERlO (BERT) LUGO
SpecialOtltric:tl
JON MIKELS, Vice Chair
Board of SuperviSOrs
OlIVER P. ROEMER
SpKiaI Dislrictl
ERNA l. SCHUllINQ
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ALTERNATES
DONNA KELSEY
_;00_
HEIDI K. LARKIN
City Member
NICHOt.AS E. PAESECAN
Publlc~
LAFlRV WALKER
Board of Supel'Visors
STAFf'
JAMES M. AOODV
........ ~
DESOfIAH A. CUBlERlEY
LAFCO_
KATHLEEN AOluNGS-McDONALD
CIeftt to ..... CorMliuion
CECtLlA LOPEZ-HENDERSON
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LEGAL COUNSEL
CLNU< H. ALSOP
E.IlJbUshed by the SIDle 0( Ca/ifomitJ to seroe the Citizens, Cities, Speci4l Districts
and the County 0( San Bernardino
NOTICE OF FILING OF PROPOSED CHANGE
OF JURISDICTIONAL BOUNDARIES
Pursuant to the provisions outlined in Section 99 of the
Revenue and Taxation Code and in Section 56828 of the
Government Code. the following notice is provided:
LAFCO Application Number and Title: LAFCO 2665
Merger of the South San Bernardino County Water District
with the City of San Bernardino (generally located in the
southern portion of the sphere of influence for the City
of San Bernardino)
Affected and Interested Local Agencies are:
*South San Bernardino County Water District
*City of San Bernardino
~ty of San Bernardino Water Department
**County of San Bernardino
**County Service Area 38 and its Improvement Zones
**County Service Area 70 and its Improvement Zones
**City of Loma Linda
**San Bernardino Valley Municipal Water District
The boundaries of the proposed change are as listed in the
attached Exhibit A.
JAMES M. RODDY
Executive Officer
DATED: 3127/91
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Distribution:
County Administrative Office
County Assessor
County Auditor/Controller
*Affected Local Agencies
**Interested Local Agencies
Rev. 1188
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EXHIBIT "A"
Justification for Proposal and Preliminary
Environmental Description Form
2665
For LAFCO Use On 1 y
TO: Local Agency Formation Commission
175 West Fifth Street, Second Floor
San Bernardino, CA 92415-0490
(714) 387-5B66
INTROOUCTION: The questions In this form are designed to obtain enough data about the proposed project
site to allow the Commission and staff to adequately assess the project. By taklna the time to fully
respond to the Questions below. you can reduce the processlna tfall! for your project. You lilY also
Include any addltlon,l Information which you believe Is pertinent. Use additional sheets where neces.
sary, or attach any relevant documents.
GENERAL INFORMATION
I. NAME OF PROPOSAL: Merger of the South San Bernardino Water District
with the City of San Bernardino
2. APPLICANT: South San Bernardino Water District
3. GENERAL LOCATION: the southern Dortion of the sDhere of influence
for the City of San Bernardino
4. Does the application possess 100S written consent of each property owner In the subject territory?
YES ____ NO ~ (If YES, attach written authorizations.)
5. Indicate the reasons that the proposed action has been requested.
financial constraints/
contaminated wells
6. Would the proposal create a totally or substantially surrounded Island of unincorporated terri-
tory? YES ____ NO ~ If YES, please justify the proposed boundary and attach that justifica-
tion to this application.
I. Total land area:
LAND USE A/lD DEVELOPMENT POTENTIAL
433 ac res
2.
811
Dwelling units In area:
3.
2.433
Approximate population in area:
4. Indicate the General Plan designation of the affected city (If any) and uses permlted by this
deslgnaUon! s):
Land use designations will not change. as a result of tIt,,,
proposal.
The study area is fUlly within the corDorate boundaries ,for
the City of San Bernardino.
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Sin Bernardino County General Plan designation and uses permitted by this designation(s):
N/A
5. Describe any special land use concerns expressed In the above plans. N/A
6. Indicate the existing land use.
residential. co~rcial and vacant
What is the proposed land use? residential, commercial, industrial and vacant
7. Has the area been prezoned? YES _ NO _ N/A ~. Is the area In the process of prezon-
Ing? YES _ NO.M N/A _' If YES to either question. what Is the prezonlng classifi-
cation. title. densities permitted.
8. Will the proposal require public services from any agency or district which Is currently operating
at or near capacity (Including sewer. water. pollee. fire. or SChools)? YES _ NO~ If
YES. please explain.
PLAN FOR SERVICES
(Reorganizations and Annexations)
Section 56653 of the el'lllll!nt Code requires the suballssion of a Plan for Services with every proposal
Initiated by a resolution legislative body. The Conolsslon has adopted standards for the prepara-
tion of these docunents. Please ached to this application a narrative description of the Plan
for Services which Includes. at least. following Infonnatlon:
1. An enumeration and description of the servlc
2. A description of the level and range of those services.
3. An Indication of ~n those services can feasibly be extended to the
4. An Indication of any Improve.nt, or upgrading of Infrastructure or other condi the local
agency would llIIpOse or require within the affected territory (for ex...le. the pa~n fees.
the upgrading of structures. roads. water and sewer facilities. etc.).
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5. An Indication of how the agency's services will be financed If the change Is approved.
6. An Indication of whether the affected area Is or will be proposed for Inclusion within an existing
or proposed Improvement zone, redevelopment area, assessment district or community facilities
district.
The submitted Plan for Services must demonstrate that the range and level of service currently avail-
able will, at least, be maintained following completion of the change. The Plan for Services needs
to be signed, dated, and certified as to Its completeness and accuracy by an official representative
of the affected city or district. A Plan for Services will be required for each affected agency
contained within a reorganization proposal.
~: Sponsors of a proposal Initiated by petition may submit their proposal without a Plan for
Services. In these cases, the LAFCO office will notify the affected city or district that they will
be required to submit a Plan for Services.
FACTORS OF CONSIDERATION
FOR SPHERE OF INFLUENCE REVIEW ONLY
a narrative description of the following:
1.
2.
The present and probable need for public faclllt
3.
The present capacity of public facilities and adequacy of pu ~es.
The existence of any social or economic comunftles In the area. "'"
4.
ENVIRONMENTAL INFORMATION
1. State general description of topography. fl at
2. Describe any existing Improvements In the site as S of total area.
Residential 85 S Agrl cuI tural -o- S
Comercia I 5 S Vacant 10 S
Industrial -O- S Other -O- S
3. Describe the adjacent land uses. industrial, commercial, resi.dential, agriculture
and vacant
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4. Describe site alterations that will be produced by Improvement projects associated with this
proposed ettion (grading. flow channelization, etc.).
none
5. Will service extensions accoopllshed by this proposal Induce growth on this site? YES
NO 1QL. Adjacent sites? YES _ NO....lUS. Unincorporated _ Incorporated ll.l!-
6. Is this project a part of a larger project or series of projects? YES _ NO.lOL If YES.
please explain.
NOTI CES
Please provide the names and addresses of persons who are to be furnished copies of the agenda and
staff report and who are to be given mailed notice of hearing.
NAME Tony Sedano
TELEPHONE NO. (714) 884-2911
ADDRESS
882 S. Tippecanoe Avenue, San Bernardino, CA 92408
NAME Bernard Kersey
TELEPHONE NO. (714) 384-5091
ADDRESS
300 North "0" Street, San Bernardino, CA 92401
NAME Wil11 am Brunick
TELEPHONE NO. (714) 889-8301
ADDRESS
1839 Commercenter West. San Bernardino. CA 92412
CERTIFICATION
I hereby certify that the statements furnished above and in the attached exhibits present the data
and infonoation required for this initial evaluation to the best of MY ability, and that the facts.
statements, and infol'llltlon presented herein are true and correct to the best of my knowledge and
belief.
DATE
3/13/91
t7A1~./Ai -12. S".ea.. -'-
SIGNATURE OF APPLICANT
PHONE
(714) 884-2911
882 S. Tippecanoe Avenue
ADDRESS
San Bernardino. CA 9~408
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LAFCO 2665
SOUTH SAN BERNARDINO COUNTY WATER DISTRICT
Those portions of Township 1 South, Range 4 West, San
Bernardino Meridian, in the city of San Bernardino, County of San
Bernardino, State of California, described as follows:
PARCEL NO.1
Beginning at the center line intersection of Pioneer Street
and Waterman Avenue, said point being on the existing boundary
line of the South San Bernardino County Water District;
Thence North along said district boundary line and continuing
along said line, following all of its various courses to the
POINT OF BEGINNING.
PARCEL NO.2
Beginning at the intersection of the center line of Richardson
Street with the North line of Interstate 10, said point being on
the existing boundary line of the South San Bernardino County
Water District;
Thence Westerly along said district boundary line and
continuing along said line, following all of its various courses
to the POINT OF BEGINNING. .
EXCEPTING therefrom that portion lying within Tract No.
2959, as per map recorded in Book 41 of Maps, Page 51, records of
said County.
Said parcels contain 362 acres, more
OFFICE
LARRY E. COTTON
COUNTY SURVEYOR
CO~DINO
By . deputy
L. S. o. ~~l ~
Date J'Y7hlt . I
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March 26, 1991
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO SETTING FORTH TERMS AND
CONDITIONS FOR THE MERGER OF THE SOUTH SAN BERNARDINO WATER
3 DISTRICT WITH THE CITY OF SAN BERNARDINO.
4 WHEREAS, the Board of Directors of the South San Bernardino
5 Water District has filed Resolution No. 91-1 to initiate
6 proceedings pursuant to the Cortese-Knox Local Government
7 Reorganization Act of 1985 (Government Code Sections 56000 et.
8 seq.) for the merger of the South San Bernardino Water District
9 with the City of San Bernardino; and,
10 WHEREAS, notice of the intent to adopt South San Bernardino
11 Water District Resolution No. 91-1 has been given to each
12 interested and affected agency; and,
13 WHEREAS, the public convenience and necessity require that
14 the proposed merger take place; and,
15 WHEREAS, over ninety percent of the South San Bernardino
16 Water District is within the corporate limits of the City of
17 San Bernardino; and,
18
WHEREAS, this proposed merger is necessary to provide a
19 reliable water supply for the inhabitants of the South
.
20 San Bernardino Water District; and,
21 WHEREAS, the territory proposed to be merged is inhabited
22 and a description of the boundaries of the territory are set
23 forth in Exhibit "A," attached hereto and incorporated herein;
24 and,
25 WHEREAS, the proposed merger is consistent with the sphere
26 of influence assigned for all affected agencies; and,
27 WHEREAS, the Board of Water Commissioners of the City of
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DCR/dys/ssbwd.res
April 26, 1991
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1 San Bernardino, at their April 23, 1991, meeting, adopted
2 Resolution 424, setting forth terms and conditions for said
3 merger; and,
4 WHEREAS, it is desired that the proposed merger be subject
5 to certain terms and conditions in addition to those normally
6 associated with the Local Agency Formation Commission review;
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
9
SECTION 1:
Recitals hereinabove are true and correct and
10 are incorporated herein by this reference.
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SECTION 2:
The Council hereby consents to the proposed
12 merger subject to the following terms and conditions in addition
13 to those normally associated with the Local Agency Formation
14 Commission review:
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(A) That the City of San Bernardino shall be the successor
agency, under the control, management, and
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jurisdiction of the Board of Water Commissioner, to
all rights, responsibilities, properties, equipment,
contracts, assets and liabilities, and functions of
the South San Bernardino Water District;
(B) All full-time employees of the South San Bernardino
Water District shall be retained, through the Board of
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Water Commissioners, with their.current seniority and
accrued sick leave and vacation; every effort shall be
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made to retain said employees at, or as close to,
their current rates of pay as possible; all other
employee rights and benefits shall be those available
DCR/dys/ssbwd.res
April 26, 1991
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to employees of the San Bernardino Municipal water
Department;
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(C) Property tax revenues attributable to the South
San Bernardino Water District sqall be transferred to
the City of San Bernardino and credited to the Water
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Fund;
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(D) All delinquent taxes and any and all other collections
8 or assets of the South San Bernardino Water District
9 shall accrue and be transferred to the City of
10 San Bernardino and credited to the Water Fund.
11 I HEREBY CERTIFY that the foregoing resolution was duly
12 adopted by the Mayor and Common Council of the City of
13
San Bernardino at a
meeting thereof, held on the
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day of
, 1991, by the following vote, to wit:
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Council Members:
AYES
NAYS,
ABSTAIN
16 ESTRADA
17 REILLY
18 FLORES
19 MAUDSLEY
20 MINOR
21 POPE-LUDLAM
22 MILLER
23
24 City Clerk
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27 / / / /
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April 26, 1991
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1 RESOLUTION. . . SETTING FORTH TERMS AND CONDITIONS FOR THE MERGER
OF THE SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY OF
2 SAN BERNARDINO.
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The foregoing resolution is hereby approved this day
, 1991.
of
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W. R. Holcomb, Mayor
City of San Bernardino
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8 Approved as to
form and legal content:
9
JAMES F. PENMAN,
City Attorney
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April 26, 1991
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EXHIBIT "A"- ~\ ~ . J
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'CITY OF SAN BERORDINO - REQUEST C)R COUNCIL ACTION
From:
Bernard C. Kersey. General Manager
Subject:
TERMS AND CONDITIONS FOR THE PROPOSED
MERGER OF SOUTH SAN BERNARDINO WATER
DISTRICT WITH THE CITY OF SAN BERNARDINO
(LAFCO 2265)
Dept:
Water Department
Data: Apri 1 23, 1991
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
Contact person:
Bernard C. Kersey
Phone: 384-5091
Supporting data attached:
Yes
Ward:
1st
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
I 75.0262
Agenda Item No
. CITY OF SAN BERCARDINO - REQUEST (:bR COUNCIL ACTION
STAFF REPORT
The Board of Directors of South San Bernardino Water District
initiated proceedings to merge the South San Bernardino Water
District with the City of San Bernardino. The terms and conditions
of the proposed merger are that the City of San Bernardino assume
all of the District's equipment, contracts, assets and liabilities,
and all of their eXisting employees.
The District has a general tax levy and debt service tax levy for
the tax rate area codes within the District's boundaries. The debt
service tax levy is for $150,000.00. General Obligation Bonds
authorized and approved by the voters of the District on March 4,
1958, and issued March 1, 1988. The bonds mature on March 1, 2013.
The San Bernardino Municipal Water Department has provided
supplemental water to the District since 1982. Initially, the
delivery of water was to assist in lowering the water table within
the Bunker Hill Pressure Zone. Currently, Water Department
deliveries of water to the District account for approximately
ninety (90) percent of the source of supply, since they have had
to shut their wells down due to contaminants. To provide service
to the District's service area, the Water Department will have to
install additional interties between the two systems and most
probably pressure reducing stations to lower our water pressure
which is in excess of 100 psi. The funds to pay for the interties
should be taken from the District's capital reserve funds
designated for system improvements.
The Board of Water Commissioners has reviewed the District's terms
and conditions for the merger and has agreed to all of the
conditions, inclUding retention of all of the District's current
employees. There are currently four (4) District employees. The
Board agrees to-recognize seniority, vacation and sick leave
accrual, and current rates of pay (as close as practical). All of
the District I s employees would be eligible for and receive all
benefits currently provided to Water Department employees.
Resolution No. 424 of the Board of Water Commissioners was approved
on April 23, 1991, which sets forth the acceptable terms and
conditions of the proposed merger, and recommends that the Mayor
and Common Council adopt a similar resolution.
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4 A RESOLUTION OF THE BOARD OF WATER COMMISSIONERS, CITY OF SAN
BERNARDINO, SETTING FORTH TERMS AND CONDITIONS FOR THE MERGER OF
5 THE SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY OF SAN
BERNARDINO.
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RBSOLOTIOW WOo 424
SECTION ONE:
The Board of Water Commissioners, City of San
Bernardino, hereby finds and determines:
a)
That the Board of Directors of the South San Bernardino
Water District has filed Resolution No. 91-1 to initiate
proceedings pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985 (Government Code Section 56000
et. seq.) for the merger of the South San Bernardino
Water District with the City of San Bernardino; and
b)
Notice of the intent to adopt South San Bernardino Water
District Resolution No. 91-1 has been given to each
interested" and affected agency; and
c)
That the public convenience and necessity require that
the proposed merger take place; and
d)
That over ninety percent of South San Bernardino Water
District is within the corporate limits of the City of
San Bernardino; and
e)
That it is desired that the proposed merger be subject
to the following terms and conditions in addition to
those normally associated with the Local Agency For",ation
Commission review:
(1)
That the City of San Bernardino shaH be the
successor agency, under the control, management,
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and jurisdiction of the Board of Water
Commissioners, to all rights, responsibilities,
properties, equipment, contracts, assets and
liabilities, and functions. of the South San
Bernardino Water District;
(2) All full-time employees of the South San
Bernardino Water District shall be retained,
through the Board of Water Commissioners, with
their current seniority and accrued sick leave and
vacation; every effort shall be made to retain
said employees at, or as close to, their current
rates of pay as possible; all other employee
rights and benefits shall be those available to
employees of the San Bernardino Municipal Water
Department; and
(3) Property tax revenues attributable to the South
San Bernardino Water District shall be transferred
to the City of San Bernardino and credited to the
Water Fund.
(4) All delinquent taxes and any and all other
collections or assets of the South San Bernardino
Water District shall accrue and be transferred to
the City of San Bernardino and credited to the
Water Fund.
That the reason for this proposed merger is to provide
reliable water supply for the inhabitants of the South
San Bernardino Water District.
The territory proposed to be merged is inhabited and a
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description of the boundaries of the territory are set
forth in Exhibit "A" attached hereto and by this
reference incorporated herein; and
h) The proposed merger is consistent with the sphere of
influence assigned for all affected agencies.
THEREFORE BE IT RESOLVED THAT THE BOARD OF WATER
COMMISSIONERS, CITY OF SAN BERNARDINO, hereby adopts and approves,
and further recommends that the Hayor and Common Council adopt a
similar resolution approving the terms and conditions of the
proposed merger of South San Bernardino Water District with the
City of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution was dUly
adopted by the Board of Water Commissioners of the City of San
Bernardino at a regular adjourned meeting thereof held on the 23rd
day of April, 1991 by the fOllowing vote to wit:
AYES: Commissioners Chandler. Willis. Urata and Garcia
NAYS:
ABSENT:
None
Commissioner Bivens
eputy City Clerk &
x-Officio Secretary
(SEAL)
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. EXHIBIT "A" .-..:-: -
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0211i>S'
RESOLUTION NO.91-1
A RESOLUTION OF APPLICATION BY THE SOUTH
SAN BERNARDINO WATER DISTRICT BOARD OF DIRECTORS
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION
TAKE PROCEEDINGS FOR THE MERGER OF THE SOUTH
SAN BERNARDINO WATER DISTRICT WITH THE
CITY OF SAN BERNARDINO.
SECTION 1. The Board of Directors of the South San
Bernardino Water District hereby finds and determines:
(a) That this Board desires to initiate proceedings
pursuant to the Cortese-Knox Local Government Reorganization
Act of 1985 (Government Code Section 56000 et. seq.) for the
merger of the South San Bernardino Water District with the
City of San Bernardino: and,
(b) Notice of the intent to adopt this resolution of
application has been given to each interested and affected
agency: and,
(c) That the public convenience and necessity
require that the proposed merger take place: and,
(d) That it is desired that the proposed merger be
subject to the following terms and conditions in addition to
those normally associated with Local Agency Formation
Commission review:
11) That the City of San Bernardino shall be the
successor agency to all rights, responsibilities,
properties, equipment, contracts, assets and liabilities,
and functions of the South San Bernardino Wate~ District:
(2) All full-time employees of the South San
Bernardino Water District shall be retained by the City of
San Bernardino at their current rates of pay: accrued sick
leave; vacation and sick leave accrual rates; retir_ent
programs and benefits; seniority rights; medical and dental
benefits: and all other salaries, benefits, and employee
rights 'now provided; and,
(3) Property tax revenues attributable to the
South San Bernardino Water District shall be transferred to
the successor agency:
(4) All delinquent taxes and any and all other
collections or assets of the South San Bernardino Water
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District shall accrue and be transferred to the successor
agency.
ee) That the reason for this proposed merger is to
provide reliable source of water for the inhabitants of the
District.
ef) The territory proposed to be merged is inhabited
and a description of the boundaries of the territory is set
forth in Exhibit "A" attached hereto and by this reference
incorporated herein: and,
eg) This proposal is consistent with the sphere of
influence assigned for all affected agencies.
SECTION 2. That the Board of Directors of the South
San Bernardino Water District, therefore, hereby resolves
and orders:
ea) That this Resolution of Application is hereby
adopted and approved by this Board: and,
(b) That the Local Agency Formation Commission of
San Bernardino County is hereby requested to take
proceedings for the above-referenced proposed merger, as
described in Exhibit "A" attached hereto, and according to
the terms and conditions stated above and in the manner
provided by the Cortese-Knox Local Government Reorganization
Act of 1985.
PASSED AND ADOPTED by the Board of Directors of the South
San Bernardino Water District, State of California, at a
regular meeting thereof held on the 19th day of March, 1991,
by the following vote:
AYES: Directors A. Webb, S. Webb, A. Swanson.
NOES: Directors C. Minesinger, E. Merryman.
ABSENT: None.
ABSTENTIONS: None.
~ IA)D~
Adam Webb
President of the Board
ATTEST:
~7?~
Antonio R. Sedano
Secretary to the Board
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I hereby certify that the foregoing Resolution was
passed and adopted by the Board of Directors of the South
San Bernardino Water District on this 19th of March, 1991.
Witness my hand and the Seal of said District.
(Seal)
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Antonio R. Sedano
Secretary to the Board
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LOCAL AGENCY FORMATION COMMISSION RECEIVE"
175 West Fifth Street, Second Floor MAR 2 9 1991
&In Bern8rdlno, CA 92415-0410 . (714) 3I7-58H . FAX (714) 387.5m
__
ELMER J. DlGNIQ
City........
AOeIfIIT L. HAMMOCK
............-
'MUtAM KlUGHEss. Ch&ir
c.._
HUMBERlC (BERT) lUGO
Spec. OiMtiCta
JON MtKElS, Va Chair
.......-
OlIVER P. ROEMER
....;01_
ERNA I. SCHUIt.ING
"'...-
ALTERNATeS
DONNA KELSEV
_0;,0..,.
HEIDI K. LARKIN
City Menat
NICHOLAS E. PRESECAN
.......-
LARRY WALKER
BoarcI aI Supel'viSOnl
IT"'"
JAMES M. AODO't
E.ecutM Of&cer
DEBORAH A. CUI8EALEV
l.AFCO _
KATHLEEN AOlLJNGS.McDONA
Clertl to the Comm:iIeiGA
CECIUALOPEZ~
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LEGAL COUNIIL
CL.ARK H. ALSOP
E.l4blished by the SI4~ ofCo/ifomitJ to serve the Citizens, CitUs, SfWCi41 Districta
and the County of Son Be11llJ1'diM
NOTICE OF FILING OF PROPOSED CHANGE
OF JURISDICTIONAL BOUNDARIES
Pursuant to the provisions outlined in Section 99 of the
Revenue and Taxation Code and in Section 56828 of the
Government Code, the following notice is provided:
LAFCO Application Number and Title: LAFCO 2665
Merger of the South San Bernardino County Water District
with the City of San Bernardino (generally located in the
southern portion of the sphere of influence for the City
of San Bernardino)
Affected and Interested Local Agencies are:
*South San Bernardino County Water District
*City of San 8ernardino
~ty of San Bernardino Water Department
**County of San Bernardino
**County Service Area 38 and its Improvement Zones
**County Service Area 70 and its Improvement Zones
**City of Loma Linda
**San Bernardino Valley Municipal Water District
The boundaries of the proposed change are as listed in the
attached Exhibit A.
JAMES M. RODDY
Executive Officer
DATED: 3/27/91
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Distribution:
County Administrative Office
County Assessor
County Auditor/Controller
*Affected Local Agencies
**Interested Local Agencies
Rev. 1/88
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EXHIIIT "A"
Justification fOr Proposal and Preliminary
Environmental Description Form
2665
For LAFCO Use Only
TO: Local Agency Formation Commission
175 West Fifth Street, Second Floor
San Bernardino, CA 92415-0490
(714) 387-5866
INTRODUCTION: The questions In this form are designed to obtain enough data about the proposed project
site to allow the Commission and staff to adequately assess the project. 8Y takina the time to fully
respond to the auestions below. you can reduce the processina time for your project. You..y also
include any additional information which you believe is pertinent. Use additional sheets where neces-
sary, or attach any relevant documents.
GENERAL INFORMATION
1. NAME OF PROPOSAL: Merger of the South San Bernardino Water District
with the City of San Bernardino
2. APPLICANT: South San Bernardino Water District
3. GENERAL LOCATION: the southern Gortion of the sDhere of influence
for the City of San Bernardino
4. Does the application possess 100S written consent of each property owner in the subject territory?
YES ____ NO ~ (If YES, attach written authorizations.)
5. Indicate the reasons that the proposed action has been requested.
financial constraints/
contaminated wells
6. Would the proposal create a totally or substantially surrounded island of unincorporated terri-
tory? YES ____ NO 1l~ If YES. please justify the proposed boundary and attach that justifica-
tion to this application.
LAND USE AND DEVELOPMENT POTENTIAL
1. Total land area:
433 acres
2.
811
Dwelling units in area:
3.
2.433
Approximate population in area:
4.
Indicate the General Plan designation of the affected city (if any) and uses pennited by this
land use designations will not change as a result of tIllS
designation( s):
proposal. The study area is fullv within the corGorate boundaries ,for
the City of San Bernardino.
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Sin Bernardfno County Ganeral Plan designatfon and usas permitted by this designation(s):
N/A
5. Describe any specill. hnd use concerns exprlSsed in the above phns. N/A
6. Indicate the existing land use.
residential. ~o~rr.i~l and va~~nt
What is the proposed hnd use? residential, conmercial, industrial and vacant
7. Has the area been prezoned? YES _ NO _ NIA ....!2l. Is the area in the process of prezon-
ing? YES _ NO ~ NIA _' If YES to either question. what is the prezoning chssfff-
cation, title. densities pennitted.
8. Will the proposal require public services fro. any agency or district which is currently operating
at or near capacity (including sewer, water. police, fire, or SChools)? YES _ NO~ If
YES. please exphin.
PlAN FOR SERVICES
(Reorganizations and Annexations)
Section 56653 of the arllllllnt Code requires the sut.fssfon of a Phn for Services with every proposal
fnitiated by a 'lSolution legislative body. The COIIIIlssion has adopted standards for the prepara-
tion of these doc...nts. Please ached to thfs applfcation a narratfve descrfption of the Plan
for Services which includes, at least, following info_tion:
1. An enumeratfon and descrfptfon of the servfce
be extended to the affected terrftory.
2. A descrfption of the level and range of those servfces.
3. An fndfcatfon of when those servfces can feasfbly be extended to the
4. An fndfcatfon of any fmprovement. or upgradfng of fnfrastructure or other condf the local
agency would fllpOse or requfre wfthfn the affected terrftory (for eXlIIPle. the paINn ot,fees.
the upgradfng of structures, roads, water and sewer facflftfes, etc.).
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S. An Indication of how the agency's servlc.s will be financed If the change Is approv.d.
6. An Indication of whether the aff.cted area Is or will be propos.d for Inclusion within an existing
or proposed I~rovement zon., red.v.lopment area, ass.ss..nt district or coa.unlty 'acllltl.s
district.
The submitted Plan for Services must demonstrate that the range and l.vel of servlc. curr.ntly avall-
abl. will, at l.ast, be malntaln.d following compl.tlon of the change. Th. Plan for Servlc.s needs
to b. slgn.d, dat.d, and c.rtfff.d as to fts compl.t.n.ss and accuracy by an officfal repres.ntatfve
of the aff.cted cfty or dlstrfct. A Plan for Services will be required for each affect.d agency
contained wfthfn a reorganfzation proposal.
NOTE: Sponsors of a proposal Inltlat.d by p.tition may su~lt their proposal without a Plan for
Servlc.s. In these cases, the LAFCO offlc. will notify the aff.cted city or district that th.y will
be required to submit a Plan for S.rvlces.
1.
FACTORS OF CONSIDERATION
FOR SPHERE OF INFLUENCE REVIEW ONLY
Pleas. attach to this applic
a narrative description of the following:
z.
The pr.sent and probable n..d for public facillt
3.
Th. present capacity of public facilities and ad.quacy of pu l~'S,
The ex1st.nce of any sochl or .conomlc communities In the area. -'"
4.
ENVIRONMENTAL INFORMATION
I. Stat. g.n.ral description of topography. fl at
Z. Describe any exisUng IlIlprov....nts In the sit. as S of total area.
Resld.nthl 85 S Agricultural -O- S
5 S Vacant 10 S
C_rchl
-O- S Other -O~ S
Industrhl
3.
Describe the adjacent land uses. industrial. commercial. residential. aqriculture
and vacant
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4. Describe site Ilterltlons thlt will be produced by llIprov_nt projects ISsocfeted with this
proposed l"lon (grldlng. flow chlnnellzltlon, etc.).
none
S. Will service extensions accOllpllshed by this proposll Induce growth on this site? YES
NO!!.- Adjacent sites? YES _ NO..n Unincorporated _ Incorporated lIlL.
6. Is this project a part of a larger project or series of projects? YES _ NO.JUL If YES,
please explain.
NOTICES
Please provide the names and addresses of persons who are to be furnished copies of the agenda and
staff report and who are to be given mailed notice of hearing.
~E Tony Sedano
TELEPHONE NO. (714) 884-2911
ADDRESS
882 S. Tippecanoe Avenue, San Bernardino, CA 92408
NAME
Bernard Kersey
TELEPHONE NO.
(714) 384-5091
92401
ADDRESS
300 North "0" Street, San Bernardino, CA
NAME William Brunick
TELEPHONE NO. J714) 889-8301
ADDRESS
1839 Commercenter West. San Bernardino. CA 92412
CERTIFICATION
I hereby certify that the stlte_nts fumfshed above Ind in the attached exhibits present the dltl
Ind infonoetion required for this Inltill ev.IUltion to the best of ~ Ibillty, Ind thlt the flCtS,
stlt_nU, IIId infonoetlon presented herein Ire true Ind correct to the best of 1111 knowledge and
belief.
DATE
3/13/91
dAA~J~ -R. ~~1. --'-
SIGNATURE OF APPLICANT
PHONE
(714) 884-2911
882 S. Tippecanoe Avenue
ADDRESS.
San Bernardino. CA 92408
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LAFCO 2665
SOUTH SAN BERNARDINO COUNTY WATER DISTRICT
Tho.. portions of Township 1 South, Range 4 West, San
Bernardino Meridian, in the City of San Bernardino, County of San
Bernardino, State of California, described as follows:
PARCEL NO.1
Beginning at the center line intersection of Pioneer Street
and Waterman Avenue, said point being on the existing boundary
line of the South San Bernardino County Water District;
Thence North along said district boundary line and continuing
along said line, following all of its various courses to the
POINT OF BEGINNING.
PARCEL NO.2
Beginning at the intersection of the center line of RiChardson
Street with the North line of Interstate 10, said point being on
the existing boundary line of the South San Bernardino County
Water District;
Thence Westerly along said district boundary line and
continuing along said line, following all of its various courses
to the POINT OF BEGINNING. .
EXCEPTING therefrom that portion lying within Tract No.
2959, as per map recorded in Book 41 of Maps, Page 51, records of
said County.
Said parcels contain 362 acres, more
OFFICE
LARRY E. COTTON
COUNTY SURVEYOR
CO~INO
By deputy
L. S. o. ~~l :~
Date TnbJl . I
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March 26, 1991
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