HomeMy WebLinkAbout26-Water Department
From:
CI-Y OF SAN BERNARD"...'O - REQU~)T FOR COUNCIL ACION
REC.O.... AO Mitt. Off.
Bernard C. Kersey,. Director, r,S~~je,c,t:
Administration & Fmance l~Ea DEe -7 fori 11. Lq.
Water Department
pt:
Second Amendment - Joint Powers
Agreement for Sewer Service
City of Lorna Linda
Date: December 2, 1988
Synopsis of Previous Council action:
June 15. 1987
City Administrator was instructed to write to the City of
Lorna Linda and inform Lorna Linda that San Bernardino will
agree to an amendment to the Joint Powers Agreement, which
would permit Lorna Linda to sell rights to Bryn Mawr, if
Lorna Linda wishes to sell those rights.
July 6, 1987
Council voted to reconsider action taken at June 15,
meeting.
Motion made and failed to amend JPA to permit sale of
sewer rights by City of San Bernardino to Bryn Mawr.
(SEE ATTACHED MINUTES OF 7/6/87)
Recommended motion:
Adopt Resolution
, ,T:,;/-d}/~:.u~~'
-.-;- Signature
Contact person:
Bernard C. Kersey
Phone:
384-5393
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
r -'mell Notes:
75.0262
Agenda I tern No.
JL6
CII. I OF SAN BERNARD~ ~O - REQUl ;T FOR COUNCIL AC. ~ON
STAFF REPORT
The City of San Bernardino entered into a Joint Powers
Agreement with the Lorna Linda Sanitation District in 1965 for
the purpose of San Bernardino providing treatment and dispos-
al of sewage. The City of Lorna linda became successor-in-
interest to the agreement when it was incorporated. The
agreement limits the maximum peak rate of flow capacity of
seven (7) million gallons per day, and that sewer service is
limited to territory within the boundaries of the agency.
The County of San Bernardino has requested that the City of
Lorna Linda provide sewer service to an area known as Bryn
Mawr (Map Attached) . The County, utilizing their Community
Development Block Grant funds, will fund the installation of
sewer mains in the project area. The City of Lorna Linda
agreed to service the area and amend the Joint Powers Agree-
ment, provided the City of San Bernardino made sewer capacity
rights available. The City of San Bernardino agreed to amend
the Joint Powers Agreement to allow the City of Lorna Linda to
provide service, if the City of Lorna Linda provided sewer
capacity right from their entitlement.
In June, 1988, the County of San Bernardino requested that
they be allowed to purchase sewer capacity rights from the
City of San Bernardino which they could later sell to Bryn
Mawr homeowners after the sewer system is constructed.
The issue of providing sewer service was discussed at length
with the City Attorney's office, and they have concluded that
conditions within the Clean Water Grant contracts with the
u.S. Environmental Protection Agency and the State of
California Water Resources Control Board obligate the City of
San Bernardino to provide service to all areas set forth in
the project report that are within the service boundaries for
the "regional" sewage facility.
The Second Amendment to the Joint Powers Agreement has been
developed to allow Lorna Linda to provide sewer service to
areas within or outside their boundaries, but within the
service area outlined in the 1980 Wastewater Facilities Plant
Project Report.
A Purchase Agreement for Sewer Capacity Rights was developed
and approved by the Board of Water Commissioners allowing the
County of San Bernardino to acquire sewer capacity rights for
the Bryn Mawr area. The Board of Water Commissioners
conditioned entering into the agreement upon the approvals of
the cities of San Bernardino and Lorna Linda of the amendment
to the Joint Powers Agreement.
75-026.l
~ ~_ ~~_~_m____
-~-,.
,
i I
~ j
I ,r,
I t '<
I ::J
<'
- --/-
~I
z
-<
c:::
o
~ ~
~ ~
.rl ~
"
{~
-
.q
'J...$"
, ~INcO::lll\'J
o
~
\
"
<J:
Z
(L
o
LL
.-J
<
U
?-
m
I
x
W
-IZ-
\J
~
\J
~)
Y.;?/..!..I / IY M
<:t
o
Z
-1
3^'"
l:lMn"I
>-
o
~
~
(f)
<t
2
o
.--J
[
~ C~'~ r
l~ ~
~ i - - 1 i-- ---H-~l
~ I I ~ ; Ci~) 1
'" \.. \ . ~ + l,,\
) t~; ~~\
i 11
i
, I
I ,
LL
o
"--
/
f-
(J
i
0.-- '_____
on the demolition. Mr. Penman stated he had met with
Planning Director Siracusa regarding problems with the
Conditional Use Permit for this project.
Manuel Moreno, Jr., Director, Public Services,
answered questions regarding the demolition process and
fees. He stated it would take about 10-15 days and cost
approximately $8,000 - $10,000. He stated that most of
the work had to be done with heavy equipment by trained
operators.
Mr. McBay, Director of Lighthouse for the Blind,
stated that all useable material had been removed from the
project and only rubble was left, which was causing a
problem in the neighborhood. (See Item under A Public
Comments, page 1)
Greg Garcia, Project Coordinator, Mayor's Office,
answered questions about his contact with Supervisor Ham-
mock's Office concerning assistance for Lighthouse for the
Blind. He is waiting for a call to be returned.
Mr. McBay formally requested reimbursement of the
$153 demolition permit fee.
The Mayor and Council discussed the possible use of
Community Development Block Grant Funds (CDBG)
City Attorney Penman stated that in order to fore-
stall future legal problems, the Council's decision in
granting waivers to nonprofit organizations must be equit-
able to all those groups who request them.
Ken Henderson, Director, Community Development De-
partment, answered questions regarding the use of CDBG
Funds for demolition, stating it was an eligible activity
for nonprofit organizations. However, there is a question
regarding the use of CDBG Funds if City forces are in-
volved in the work, as opposed to work done by private
contractors.
Mayor Wilcox asked that Mr. Henderson, Mr. Moreno,
Mr. Garcia and Mr. McBay meet and talk about ways the City
can assist in completing this demolition project and come
back this afternoon with suggestions.
Mr. Moreno, Director, Public Services, explained that
previously the Mayor and Council had authorized City
forces to do certain projects for nonprofit organizations.
Ken Henderson stated he could provide necessary in-
formation by this afternoon, but explained that this mat-
ter must be considered by the Community Development Citi-
zens Advisory Committee prior to a final decision. There
is a meeting scheduled for Thursday, July 9,1987, at
which time he would present the matter.
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller and unanimously carried, that the
matter of the Lighthouse for the Blind be continued to
this afternoon's session. (See page 18)
SEWER SERVICE FOR BRYN MAWR - REQUEST FOR
RECONSIDERATION - RALP~RNANDE~
--RaTph~rnancrez-;-5194-No-i-f11;-1nf0 West,
Utah, requested reconsideration of action
Mayor and Common Council at their meeting
1987, regarding sewer service for Bryn Mawr.
ing action was taken at that meeting:
Cedar City,
taken by the
of June 15,
The follow-
(37)
9
7/6/87
. 1
"
..
"Council ;1ember ;1audsley made a motion,
seconded by Council Member Reilly, that the
policy of the City of San Bernardino re-
garding the sale of sewer capacity rights
outside of the City of San Bernardino, or
to the signatories of any of our joint
powers agreements, be reaffirmed; that this
request for sewer capacity rights for the
community known as Bryn Mawr, be denied;
and that the City of Lorna Linda be written
a letter to notify them that the City of
San Bernardino would be willing to amend
the joint powers agreement if they will
sell the sewer capacity rights to the com-
munity known as Bryn Mawr.
The motion carried by' the following vote:
Ayes: Council Members Reilly, Maudsley,
Minor, Miller. Noes: Council Members
Estrada, Flores, Pope-Ludlam. Absent:
None."
Council Member Estrada made a motion, seconded by
Council Member Flores, to reconsider the matter of provid-
ing sewer capacity rights to Bryn Mawr.
The motion carried by the following vote: Ayes:
Council Members Estrada, Reilly, Flores, Pope-Ludlam,
Miller. Noes: Council Member Minor. Absent: Council
Member Maudsley.
Mr. Hernandez requested that the Council authorize
the sale of sewer capacity rights to the community of
Bryn Mawr without further delay and direct the City At-
torney to amend the Joint Powers Agreement.
Herb Wessel, General Manager, Water Department,
answered questions regarding the original sale of sewer
capacity rights, and explained that all rights had been
sold to various governmental entities. As the City's
supply neared depletion, the Water Department approved a
"recycle". Some of those rights that were sold to various
developers were turned back into the Department because
their projects were not going forward. The 300 sewer
capacity rights that the Water Department holds are avail-
able regionally to those entities that the City is under
contract to serve.
Mr. Wessel defined "regional" as including Lorna
Linda, a small part of Colton, East Valley, Norton Air
Force Base, Patton and San Bernardino. Other County areas
are under various spheres of influence. He spoke of a
City ordinance that rrovides that the City must approve
all sewer service outside the City.
City Attorney Penman explained that the appropriate
way to handle this request for sewer capacity rights is
for the Council to receive a formal action request from
the County Board of Supervisors, which is the governing
authority of Bryn Mawr. Any other ~ethod could result in
legal problems.
Mr. Hernandez suggested that the Council make a mo-
tion to direct the City Attorney to amend the JPA and
indicate to the Board of Supervisors that the Council has
agreed to the project upon receipt of a formal action
request from the Board. He stated that the Board of
Supervisors is in favor of the project and has set aside
money for that purpose.
10
7/6/87
City Attorney Penman stated that although a letter
had been received from Loma Linda requesting an amendment
to the JPA, it would be necessary to have one from the
Board of Supervisors, as the governing body. He stated
there was nothing illegal in amending the JPA that would
allow Bryn Mawr to hook up to the sewer system. The dif-
ficulty lies in future repercussions.
Mr. Hernandez stated that immediate action in this
matter is urgent because of contamination of the ground by
the cesspools.
Herb Wessel, Manager, Water Department, answered
questions regarding the possibility of Loma Linda furnish-
ing the sewer capacity rights to Bryn Mawr. He stated
they have taken the position they are not going to provide
them.
Mr. Wessel answered questions regarding the comple-
tion date of the new sewage treatment plant, and stated
that when it is in operation, additional capacity will be
available.
City Attorney Penman expressed concern over the al-
leged contamination from the cesspools of the Bryn Mawr
area, which could present a health hazard. He stated
there should be some kind of environmental impact report
prepared by San Bernardino County.
Dave Larson, San Bernardino County Department of
Economic and Community Development, spoke of his involve-
ment with the proposed project at Bryn Mawr, which is a
unique situation because of the low income level and the
natural boundaries which limit its growth. He stated that
the project had been approved by the Board of Supervisors
as a CDBG Project. He explained that the sewer system
will be "stubbed out" to the property line of individual
lots, but not extended onto the property.
City Attorney Penman spoke of the large amount of
growth that is anticipated in the City of San Bernardino
and expressed his concern that the City maintain suffi-
cient sewer capacity rights for future growth. He stated
he wanted to go on record that his position is that if
these sewer capacity rights are granted, he will be advis-
ing in the future to give everyone the same consideration.
Council Member Estrada made a motion, seconded by
Council Member Pope-Ludlam, to direct the City Attorney to
prepare an amendment to the Joint Powers Agreement with
Loma Linda, contingent upon a formal request from San
Bernardino County Board of Supervisors.
Mr. Larson responded to the matter of the contamina-
tion by the cesspools, stating that there are failing
systems, but felt it had not reached an emergency situa-
tion.
City Attorney Penman read from the minutes of the
Board of Water Commissioners meeting of October 7, 1980,
in which two requests for sewer service were received and
recommended for denial.
Mr. Penman stated that if the request for sewer capa-
city rights for Bryn Mawr is granted today, he would ad-
vise that findings be made why this project was granted
the rights. Otherwise, there might be an equal protection
issue.
11
7/6/87
Herb Wessel, Manager, Water Department, answered
questions, stating that the Water Board gets about two to
forty requests each month for outside sewer rights. They
are denied. He defended the action of the Water Board of
October 7, 1980, stating that the City was then and is now
under a cease and desist order, and the Water Board would
not issue any sewer rights in unincorporated areas until
the new treatment plant is completed.
Mr. Hernandez explained that the County had done a
study with findings.
Mr. Wessel gave a recap of the sale of sewer capacity
rights. The City has 85 left for its use, and the Water
Board has about 300 for regional use.
COUNCIL MEMBER MAUDSLEY ARRIVED
AtTr:s-s-a-.-in-:~--ColiriEiT-i'1eiriberMaudsley arrived at the
Council Meeting and took his place at the Council Table.
City Attorney Penman stated that the City must act
equitably toward all entities, and there needs to be a
policy in terms of granting sewer capacity rights within
the City, a policy for granting sewer capacity rights
outside the City but within our sphere of influence, and a
policy for granting rights outside the City's sphere of
influence.
Herb Wessel, Manager, Water Department, stated that
he had read the findings of fact prepared by San Bernar-
dino County, but had not subjected them to legal review.
City Attorney Penman stated that he had not seen the
findings of fact.
Council Member Estrada amended her motion by adding
"with review by the City Attorney of the County's findings
of fact.", so that the entire motion is as follows: "To
direct the City Attorney to prepare an amendment to the
Joint Powers agreement with Lorna Linda, contingent upon a
formal request from the San Bernardino County Board of
Supervisors, with review by the City Attorney of the
County's findings of fact."
Mr. Ralph Hernandez urged the Council to approve the
Bryn Mawr project on its own merits, based on the County's
Findings of Fact, and stated that this project should not
be held up because of unknown future requests.
Mayor Wilcox suggested that since the Water Board had
been charged with maintenance of the sewer plant, the
Council should consider their opinion in denying requests
for rights.
Mr. Wessel answered questions regarding the availa-
bility of regional sewer capacity rights.
The
Council
Council
None.
motion failed by the following vote:
Members Estrada, Flores, Pope-Ludlam.
Members Reilly, Maudsley, Minor, Miller.
Ayes:
Noes:
Absent:
COUNCIL MEMBERS POPE-LUDLAM, MILLER EXCUSED
At 12 :15 p-~m-~~-Counc-iI'-Meiilbers---Pope-Ludlam ---and Mi ller
left the Council Meeting.
12
7/6/87
1
2
3
4
5
6
7
8
9
10
11
12
13
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF THE SECOND AMENDMENT TO JOINT POWERS AGREEMENT OF
1965 BETWEEN THE CITY OF SAN BERNARDINO AND LOMA LINDA
SANITATION DISTRICT
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1
The Mayor is hereby authorized and directed
to execute on behalf of said City an Agreement with the Lorna
Linda Sanitation District, relating to the second amendment to
the Joint Powers Agreement of 1965.
This Agreement is attached
hereto as Exhibit "A" and incorporated herein by reference as
though set forth in full hereat.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
meeting thereof, held on the
15 day of
16
17
18
, 1988, by the following vote, to wit:
AYES:
Council Members
19 NAYS:
20 ABSENT:
21
22
23 III
24 III
25 III
26 III
27 III
28 DAB:cez 1
December 5, 1988
City Clerk
1
2
3
4
5
6
7
8
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF THE SECOND AMENDMENT TO JOINT POWERS AGREEMENT OF
1965 BETWEEN THE CITY OF SAN BERNARDINO AND THE LOMA LINDA
SANITATION DISTRICT
The foregoing resolution is hereby approved this
day
of
, .
Evlyn Wilcox, Mayor
City of San Bernardino
9
10 Approved as to form
and legal content:
"
11 ,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 DAB:cez 2
December 5, 1988
SECOND AMENDMENT TO JOINT POWERS AGREEMENT
OF 1965 BETWEEN THE CITY OF SAN BERNARDINO
AND LOMA LINDA SANITATION DISTRICT
THIS SECOND AMENDMENT, made and entered into this
day
of
, 1988, by and between the CITY OF SAN BERNARDINO, a
municipal corporation and a Charter City of the State of
California, hereinafter called, "San Bernardino" and the CITY OF
LOMA LINDA, a municipal corporation of the State of California,
hereinafter called, "Lorna Linda", successor to the Lorna Linda
Sanitation District, both within the County of San Bernardino,
State of California, is made and entered into for the purpose of
further amending the Joint Powers Agreement of 1965 between said
San Bernardino and Lorna Linda Sanitation District for the
collection, treatment and disposal of sewage.
THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1: Subdivision (e) is hereby added to Section 8 of
the Agreement to read as follows:
"(e) Regional Service - Nothing in this Section 8 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 1980 Waste Water Facilities Plan
proj ect Report, attached hereto and incorporated
herein, subject to the purchase, from time to time, of
sewer capacity rights."
DAB:cez
October 21, 1988
Section 2: Except as amended herein, said Joint Powers
Agreement, as amended by Amendment dated September 23,
1980, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed the
Second Amendment on the day and date first above shown.
CITY OF SAN BERNARDINO
By
Mayor
ATTEST:
San Bernardino City Clerk
Approved as to form
and legal content:
~4,.
CITY OF LOMA LINDA
Successor to Lorna Linda
Sanitation District
By
Mayor
ATTEST:
Lorna Linda City Clerk
Approved as to form
and legal content:
Lorna Linda City Attorney
DAB:cez
October 21, 1988
2
~~
VI
W
c$
f-
..J
U N
0<1
Z"- H
<t: 0
W o:f-
0: q;Z w
zw a::
<t: 0::2:
wf- :J
COq; l.-'
ZW LL.
W q;0:
U ",f-
> "-0:
0: Ow
w W )of-
r (/) f-<
~ -~
r Uw
w
. f-
'"
q;
$
w
r
o
~
~
o
u
....
V>
0 W
Z 0:
0 0
0: ..
.. -'
z "
a: Z
.W ~
.. ....
'"
z z
"
V>
J/ /
>"~
~I
\f ~ )-
4~ 0;'
,
o
!/U
o w
. 0
~i~
. '
;1"
I
I
,
\.) .~
I .
I
), . .
I
,
I
I
,
I
I
I
i
0
....
.J
'"
0:
0
.
i
0
3 .
G .
'" ~ ~
. z
'" 0
0 .... r
. Z <;
i 0
. ... .
il 0 . <
. r
. <<
W
G
<
~
l~
~.
el.
Ol~
. >
_ 0
o U
<I
~I~
w -
G~
<<
w
~i~