HomeMy WebLinkAbout1986-416
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RESOLUTION NO. 86-410
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AMENDED JOINT POWERS AGREEMENT ESTABLISHING
3 HIGHLAND-DELMANN HEIGHTS QUALITY WATER SUPPLY AUTHORITY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Amended Joint Powers Agreement Establishing Highland-Delmann Heigh s
9 Quality Water Supply Authority, a copy of which is attached
10 hereto, marked Exhibit "A" and incorporated herein by reference as
11 fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a n adiourned reaular
meeting thereof, held on
15 the
8th day of
October
, 1986, by the following vote,
16 to wit:
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AYES:
Council Members
Reilly. Hernandez, MArks,
Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
Council Member Estrada
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The foregoing resolution is
24 of
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October
, 1986.
26 Approved as to form:
27 ~;IJ/J~_M
28 City Attorney
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AMENDED JOINT POWERS AGREEMENT
ESTABLISHING
HIGHLAND-DELMANN HEIGHTS QUALITY WATER SUPPLY AUTHORITY
The CITY OF SAN BERNARDINO, a charter city, acting by and
through its BOARD OF WATER COMMISSIONERS, hereinafter called
"CITY", and the EAST VALLEY WATER DISTRICT, a County Water
District organized and existing under Division 12 of the Water
10 Code, hereinafter called "DISTRICT", enter into this agreement
for the creation of a joint powers authority to be known as the
HIGHLAND-DELMANN
HEIGHTS QUALITY WATER
SUPPLY
AUTHORITY,
effective as of the date of execution hereof.
SECTION 1. Recitals
A.
City and District each serve substantial populations
16 with water service within the incorporated area of the City of
17 San Bernardino, and District serves additional customers with
18 water in the unincorporated area of the County adjacent to the
19 City, in the area generally known as "Highland."
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B.
Within or adjacent to the areas served by City and
21 District are three water service areas known collectively as the
22 San Bernardino Valley District of the Southern California Water
23 Company, one area located in the area commonly known as the
24 Highland System, and two areas in the locale commonly known as
25 the Delmann Heights System.
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C.
Southern California Water Company's San Bernardino
27 Valley District is substandard in production, storage, trans-
28 mission, pressure, fire flow and water quality.
1 D. The City and District believe they can advance the
2 health interests of the public, improve fire safety interests
3 and solve other problems pertaining to the Highland System and
4 Delmann Heights System by acquiring said Systems and thus
5 further the economic development opportunities of the area.
6 E. By having a joint powers authority acquire, by purchase,
7 exercise of eminent domain, or otherwise, the entire San Ber-
8 nardino Valley District of the Southern California Water
9 Company, City and District can advance the health interest of
10 the public, improve fire safety interests, and further the
11 economic development opportunities of the areas served by City,
12 District and Southern California Water Company.
13 NOW, THEREFORE, City and District, for and in consider-
14 ation of the mutual benefits, promises and agreements set forth
15 herein, do agree as follows:
16 SECTION 2. Purpose
17 This Agreement is made pursuant to the provisions of
18 Article 1, Chapter 5, Division 7, Title 1 of the Government Code
19 of the State of California (commencing with Section 6500)
20 relating to the joint exercise of powers common to public
21 agencies, and is made for the purpose of enabling City and
22 District to exercise their powers jointly in providing for the
23 acquisition of facilities for the production and distribution of
24 a water supply system, in that area of the City known as
25 "Delmann Heights" and in the unincorporated portion of San
26 Bernardino County known as "Highland" presently served by the
27 Southern California Water Company. Each of the agencies have
28 the powers necessary to accomplish this Agreement. The above
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mentioned purpose could be accomplished and the powers of the
various agencies exercised in the manner set forth in this
Agreement, independent of this Agreement, if necessary. The
City and District believe they can advance the health interests
of the public, improve fire safety interests and solve other
problems pertaining to the Highland and Delmann Heights Systems
by acquiring said Systems and thus further the economic
development opportunities of the area.
SECTION 3. ~
This Agreement became effective as of 1/1/85. Once the
purpose of acquiring the Highland and Delmann Heights Systems
has been completed and once the Systems have been divided
between the City and the District then this Agreement shall
cease and be fully extinguished. Either party may terminate this
Agreement by giving the other party a thirty (30) day termin-
ation notice if said projects has not been acquired or
condemnation action commenced by January 1, 1981.
SECTION 4. Authoritx
A. Creation of Authority
There is hereby created a public entity, separate and
apart from the parties hereto, to be known as the "Highland-
Delmann Heights Quality Water Supply Authority" (herein referred
to as "Authority"). The debts, liabilities and obligations of
Authority do no constitute debts, liabilities or obligations of
either City or District.
B. Duties and Authority
The Authority shall have only the authority set forth in
this amended Agreement, i.e., the power to acquire the Highland
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and Delmann Heights Systems. Upon an order of immediate
possession and subsequent acquisition of the Highland and
Delmann Heights Systems, its facilities will be divided between
the District and the City according to the analysis and plans
set forth in the appraisal of Kreiger & Stewart, Inc. The City
and District shall share proportionately, according to the
percentages of interest, for (1) court costs, including witness
fees; (2) appraisal fees of Kreiger & Stewart, Inc.; (3) eminent
domain legal counsel fees and expenses required to negotiate or
pursue the condemnation action, in accordance with Section 7 of
this Agreement.
All other expenses shall be borne solely by the party
incurring them and no party shall have any right, except as set
forth in this Agreement, to incur any expenses for the other.
The City cannot commit the District beyond the terms of the
Agreement and the District cannot commit the City.
C. Commission
Authority shall be governed by a Commission composed of
five members, each serving in his individual capacity as a
member of the Commission. The Commission shall be called the
"Highland-Delmann Heights Quality Water Commission" (hereafter
referred to as "Commission"). Membership in the Commission
shall be established as follows:
1. The then incumbent Mayor of the City of San Ber-
nardino, or his or her alternate, appointed by the
Mayor and Common Council of the City of San Bernar-
dino.
2. The General Manager of the City's Water Department.
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3. A member of the Board of the East Valley Water
District, or his or her alternate, appointed by
that Board.
4. The General Manager of the East Valley Water
District.
S. A member of the public selected by majority vote of
the members.
The members who are the then serving managers of the two
water departments shall hold office indefinitely while incumbent
in the office which entitled them to membership and until their
successor is elected or appointed and qualifies. The other
members shall serve at the pleasure of the body appointing him
or her or their successors. The proper appointing authority
shall, upon making an appointment, forthwith notify the secre-
tary of the Commission of all appointments. Commissioners shall
receive no compensation but shall be entitled to reimbursement
of necessary and reasonable expenses incurred in the performance
of business of the Commission upon approval by the Commission.
D. Meeting of the Commission
1. Regular meetings.
The Commission shall provide for its regular,
adjourned regular and special meetings; provided, however, that
it shall hold at least quarterly regular meetings in each year
and such further meetings as the parties hereto may reasonably
request depending upon the pressure of business. The dates upon
which and the hour and place at which any regular meeting shall
be held, and the manner of calling special meetings, shall be
fixed by resolution and a copy of such resolution shall be filed
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with each of the parties hereto. The place of the regular
meetings shall be established by the Commission.
2. Ralph M. Brown Act.
The Commission shall adopt rules for conducting its
meetings and other business. All meetings of the Commission,
including without limitation regular, adjourned regular and
special meetings, shall be called, noticed, held and conducted
in accordance with the provisions of the Ralph M. Brown Act
(commencing with Section 54950 of the California Government
Code).
3. Minutes.
The Secretary of the Commission shall cause minutes
of regular, adjourned regular and special meetings to be kept,
and shall, as soon as possible after each meeting, cause a copy
of the minutes to be forwarded to each member of the Commission
and to the parties hereto.
4. Quorum.
Three (3) members present at a Commission meeting
shall constitute a quorum for the transaction of business,
except that a lesser number may adjourn for a lack of a quorum.
The Commission shall elect a President, Vice-President
and Secretary at its first meeting; and thereafter at the first
meeting held in each succeeding calendar year, the Commission
shall elect or re-elect its President, Vice President and
Secretary. In the event that the President, Vice-President or
Secretary so elected ceases to be a member of the Commission,
the resulting vacancy shall be filled at the next regular
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meeting of the Commission held after such vacancy occurs. In
the absence or inability of the President to act, the Vice
President shall act as President. The President, or in his
absence the Vice-President, shall preside at and conduct all
meetings of the Commission. If required, the City Treasurer
shall be and act as Treasurer of the Authority. The Director of
Administration and Finance of the City Water Department (or
other such officer as may be performing the duties of auditor or
controller of the City's Water Department) shall be and act as
Controller of the Authority. Counsel shall be selected by the
Commission, except that the City Attorney shall be and act as
the attorney for the Authority with respect to any proceeding
solely affecting the Delmann Heights properties to be obtained,
and District's attorney shall be and act as the attorney for the
Authority with respect to any proceeding solely relating to the
properties in the Highland area. Professional and expert
services, including, without limitation, eminent domain counsel,
accountants, appraisers and other consultants and advisors,
shall be contracted for by the Commission, except that eminent
domain counsel and appraisers shall be selected only by
unanimous consent. All such services shall be performed for the
Authority as part of the acquisition of the particular project
involved.
SECTION 5. ~wers and Duties of,the Authorit~
The Authority shall have the powers set forth in the
Recitals of this Agreement, to wit: the power to acquire,
operate and control facilities for the production and distribu-
tion of a water supply for public purposes, in order to provide
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for the development of improved water supply facilities and
amenities in the areas presently served by the Southern Cali-
fornia Water Company's San Bernardino Valley District. Author-
ity is authorized to do all acts necessary for the exercise of
said common powers for said purposes, including, but not limited
to, any or all of the following:
To make and enter into contracts; to employ agents and
employees; to acquire, manage, maintain or operate public
facilities or improvements related to the supplying of water to
the area desired to be served; to acquire property, by gift,
lease or purchase; to hold or dispose of property, by lease or
sale; to incur debts or liabilities or obligations required by
the exercise of these powers; and to sue and be sued in its own
name. Said powers shall be exercised in the manner provided in
the Joint Powers provision of the California Government Code,
and, except as expressly set forth herein, subject only to such
restrictions upon the manner of exercising such powers as are
imposed upon City in the exercise of similar powers.
SECTION 6. Fiscal Year
For the purposes of this Agreement, the term "Fiscal Year"
shall mean the period from July 1 of each year to and including
the following June 30.
SECTION 7. Disposition of Assets
Upon the termination of this Agreement, any buildings,
structures or other improvements which have been constructed,
acquired, or obtained by the Authority, by lease, purchase, or
otherwise, pursuant to this Agreement, shall vest in the public
agency which has been leasing the same from the Authority or, in
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the event there has been no such lease by the Authority, to such
public agency as shall be determined appropriate by the Commis-
sion. The intent of the parties is that, prior to or upon
termination of this Authority, City shall operate and obtain
title to the so-called "Delmann Heights" portions of the system
of the Southern California Water Company's San Bernardino Valley
District, and that District shall operate and obtain title to
that portion of the Southern California Water Company's San
Bernardino Valley District lying in the area generally known as
the "Highland" area. The parties hereto shall execute any
instruments of conveyance necessary to provide for such vesting
of such property. All other property, funds and assets of
Authority shall be returned to the parties in proportion to the
contributions made by them. For purposes of this computation,
the aggregate of all monies and properties (excepting the fair
value of all services rendered) provided by each during the
entire term shall be deemed to constitute the contribution made
by each.
In determining values of respective interest of the High-
land System and the Delmann Heights System, the final appraisal
utilized by the Authority in acquiring the properties shall
establish proportional values of the two systems, and such
proportion shall be applied as between the parties to the
acquisition price or condemnation award unless the acquisition
prices or condemnation award is specifically divided through
negotiations or court award. The parties agree such proportion
shall apply to eventual disposition of the assets unless the
acquisition price or court award specifically expresses the
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value of each system, in which event that proportion shall apply
to eventual disposition.
Once the Highland and Delmann Heights Systems have been
acquired, either by negotiation or condemnation, the Authority
will take immediate steps to transfer all the facilities located
in the area commonly known as the Highland System to the
District and the Authority will likewise immediately transfer
all facilities in the Delmann Heights System to the City. Once
these transfers have been completed the City shall have no
responsibility for the Highland System and the District shall
have no responsibility for the Delmann Heights System. Both
parties are free to operate their respective portion of the
acquired system as they see fit.
Section 8. Acquisition of Facilities. Lease or Sublease
And Operation ofFa~ilities.Prior to Termjnation.of Authority
Authority shall, in pursuance of the goals of this Agree-
ment, acquire necessary properties by purchase, lease or other-
wise, and Authority shall give immediate possession by agreement
or otherwise of such facilities involved to the party within
whose area of service the properties acquired is located. City
and District shall payor reimburse Authority for all admin-
istrative and other expenses incidental to or connected with the
project. City and District shall operate and maintain the
facilities within their areas of service at its own cost and
expense and receive all revenues from such service areas from
the date of possession until termination of the Authority as
provided for herein.
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SECTION 9. MAistance to Author1:lY
City and District may, in appropriate circumstances:
1. Make contributions from their treasuries for the purpose
set forth herein;
2. Make advances of public funds to defray the cost of such
purposes;
3. Make advances of public funds for such purposes, such
advances to be repaid as provided herein; or
4. Use their personnel, equipment or property in lieu of
other contributions or advances.
Such sums shall be paid to and disbursed by the Authority.
The provisions of Government Code Section 6513 are hereby
incorporated into this Agreement.
SECTION 10. ~unts and Rep.Q.tl.s.
If required, the Authority shall contract with a certified
public accountant or public accountant to make an annual audit
of the accounts and records of Authority and a complete written
report of such audit shall be filed annually as public records
with the County Auditor of San Bernardino County, and with City,
District and Authority. Such annual audit and written report
shall comply with the requirements of Section 6505 of the
Government Code of the State of California. The annual audit
may be omitted if the Commission unanimously agrees to replace
the annual audit with an audit covering a two year period, as
permitted by Government Code Section 6505.
SECTION 11. Funds
The Treasurer of the Authority shall have custody of
Authority property and disburse Authority funds pursuant to the
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accounting procedures developed in accordance with the provis-
ions of Section 6505 of the Government Code. Additionally, the
Treasurer of the Authority shall assume the duties described in
California Government Code Section 6505.5, to wit:
A. Receive and receipt for all money of Authority and place
it in the City treasury to the credit of Authority;
B. Be responsible upon his official bond for safekeeping
and disbursement of all Authority money so held by him;
C. Pay any other sums due from Authority, from Authority
money, only upon warrants of the Controller of Authority;
D. Verify and report in writing on the first day of July,
October, January and April of each year to Authority and to City
and District, the amount of money he holds for Authority, the
amount of receipts since his last report, and the amount paid
out since his last report. The Treasurer of Authority shall
have the custody of and disburse Authority funds pursuant to the
accounting procedures developed in accordance with the provi-
sions of Section 10 hereof, and as nearly as possible in accord-
ance with normal City procedures.
The public officers (namely, the Controller and Treasurer
of Authority) herein designated as the persons responsible for
any monies of Authority are hereby also designated as respons-
ible for all other property of Authority and each of said
officers shall file an official bond in an amount to be fixed by
the Commission.
The Controller of the Authority shall draw warrants to pay
demands against the Authority when the demands have been ap-
proved by any person so authorized to approve in accordance with
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the accounting provisions developed in accordance with the
provisions of Section 10 hereof.
SECTION 12. Notices
Notices hereunder shall be sufficient if delivered to: City
- City Clerk and General Manager Water Department, 300 North "0"
Street, San Bernardino, CA 92418; District - General Manager,
East Valley Water District, 1155 Del Rosa Avenue, San
Bernardino, CA 92410; Commissioners - the address therefor on
file with the secretary; Authority - Secretary of the Authority,
c/o City Clerk, City Hall, 300 North "0" Street, San Bernardino,
CA 92418.
SECTION 13. Miscellaneous
The section headings herein are for convenience only and
are not to be construed as modifying or governing the language
in the section referred to. Whenever in this Agreement any
consent or approval is required, such consent shall not be
unreasonably withheld. This Agreement is made in the State of
California under the constitution and laws of such state and is
to be so construed.
To preserve a reasonable degree of flexibility, many parts
of this Agreement are stated in general terms. It is understood
that there may be operating memorandum executed and amended from
time to time by the unanimous agreement of the parties that will
further define the rights and obligations of the parties.
SECTION 14. Successors
This agreement shall be binding upon and shall inure to the
benefit of the successors of the parties hereto.
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SECTION 15. SeveraAili~
Should any part, term, or provision of this Agreement be
determined by the courts to be illegal or in conflict with any
law of the State of California, or otherwise is rendered unen-
forceable of ineffectual, the validity of the remaining portions
shall not be affected thereby.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by their proper officials
thereunto duly authorized, their official seals to be hereto
affixed, effective as of the date set forth below.
ATTEST:
SAN BERNARDINO
21k~
Mayor ~~--
2i~(.~~A.b'
ity Clerk
By:
Effective Date :()~i"'f:./ i;..$i
:::T : ~E~:I;T
Ch irman of t e Board
ATTEST:
~~~arY
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Effective Date:~~~ ~) \~~l(>
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Approved as to form:
w' a~
Att~ne or District
ATTEST:
CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
"--'1 ' . /
By: ;; <' L.~ tL' i 4. (/1: (.", ./jei.'
< resident
{/
Deputy City Cle &
Ex-Officio Secretary
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