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CITY OF SAN BERN. - "lDINO - REQUEST Fe "l COUNCIL ACTION
From:
Cheryl Flowers
Subject:
Resolution authorizing execution
of a Joint Powers Agreement of
1994 Between San Bemardino and
Loma Unda for sewage disposal.
Dept:
Water
Date: August 15, 1994
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
~o~
Contact person: Chervl Flowers. Assistant General Manaaer
Phone: 384-5393
Supporting data attached: Staff ReoortlResolution/JPA
Ward:
FUNDING REQUIREMENTS:
Amount:
None
"
Source:(Acct. No.1
(Acct. Descriotionl
Finance:
Council Notes:
7!Hl262
Agenda Item No. J (,
C,TY OF SAN BERN._IDINO - REQUEST F( 1 COUNCIL ACTION
STAFF REPORT
In 1965 the city of San Bernardino entered into a Joint Powers
Agreement (JPA) with the Loma Linda Sanitation District for the
District's use of the City's regional wastewater treatment plant.
The Water Reclamation Plant provides treatment of sewage collected
by East Valley Water District, the cities of Loma Linda and San
Bernardino; Norton Air Force Base, and Patton State Hospital. The
JPA states: "This agreement shall remain in full force and effect
for a minimum of 25 years. Thereafter this agreement may be
amended or modified by said public agencies by mutual consent and
shall continue thereafter until terminated by said public agencies
by mutual consent (Section 1, paragraph 1)." The agreement has
been previously amended as follows:
~ On November 17, 1980 to change party from Loma Linda
Sanitation District to its successor the city of Loma Linda;
change definitions; update charges, costs, and payment
methods.
~ On February 14, 1989 to establish that either party may
provide sewer service within or without their respective
boundaries.
In 1991, the Water Department and the City of Loma Linda Public
Works Director began discussions regarding several necessary
amendments to the JPA. Since the agreement is nearly 30 years old,
several conditions needed to be brought current; it was agreed that
a new document would be the better alternative to another amendment
which would be quite extensive. The most significant changes made
include:
~ How the user charges are established by the city of San
Bernardino and subsequently billed by Loma Linda to its
customers.
~ The description of how the Water Department bills Loma Linda
for use of the treatment capacity (the language now reflects
compliance with the State Revolving Fund loan requirements).
~ The pretreatment requirements Loma Linda customers must !:(omply
with.
Additionally, the 1994 JPA is for a period of 15 years, renewable
in five (5) year increments. This was agreed to in order to
provide for more frequent reviews of the agreement thereby keeping
it current. The agreement was approved and signed by the Loma
Linda City council on May 24, 1994. At the July 5, 1994 meeting of
the Board of Water Commissioners, it was unanimously voted to
approve the 1994 Joint Powers Agreement between the city of San
Bernardino and the city of Loma Linda for Sewage Disposal, and
authorize staff to submit said agreement to the Mayor and Common
Council of the City of San Bernardino for approval.
. -
1
RESOLUTION NO.
2
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT POWERS
AGREEMENT OF 1994 BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY
4 OF LOMA LINDA FOR SEWAGE DISPOSAL.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNC!L OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION ONE: That the city of San Bernardino shall enter into
9 a Joint Powers Agreement between the City of San Bernardino and the
10 City of Loma Linda for use of the City of San Bernardino Wastewater
11 Treatment Plant by the city of Loma Linda.
12 SECTION TWO: That the Joint Powers Agreement of 1965 between
13 the City of San Bernardino and the Loma Linda Sanitation District
14 be terminated.
15
SECTION THREE:
That the Joint Powers Agreement of 1994,
16 referred to herein, a copy of which is attached hereto, marked
17 Exhibit "Aft and is hereby referred to and made a part hereof as
18 though set out at length herein, is hereby approved.
19 SECTION FOUR: That the Mayor and the City of San Bernardino
20 is hereby authorized and directed to execute said Joint Powers
21 Agreement~f 1994 on behalf of the City of San Bernardino.
"
22 I HEREBY CERTIFY that the foregoing Resolution was duly
23 adopted by the Mayor and Common Council of the City of San
meeting thereof, held on
24 Bernardino at a
25 the day of
26 to wit:
27 / / / / /
28 / / / / /
August 15, 1994
, 1994, by the following vote
- 1 -
, .
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT
1 OF 1994 BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA
LINDA FOR SEWAGE DISPOSAL.
2
3 Council Members:
4 NEGRETE
5 CURLIN
6 HERNANDEZ
7 OBERHELMAN
8 DEVLIN
9 POPE-LUDLAM
10 MILLER
11
12
13
14
AYES
NAYS
ABSTAIN
ABSENT
Rachel Clark, City Clerk
15 The foregoing resolution is hereby approved this
, 1994.
Tom Minor, Mayor
city of San Bernardino
27
28
August 15, 1994
- 2 -
.
JOINT POWERS AGREEMENT OF 1994
BETWEEN
. THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA LINDA
This Agreement, pertaining to the col1ection, treatment, and disposal of sanitary sewage, is
entered into on the
day of
1994, by and between the City of San
Bernardino, a charter city, by and through its Board of Water Commissioners hereinafter sometimes
referred to as San Bernardino, and the City of Loma Linda, successor to the Loma Linda Sanitary
District, a charter city, hereinafter sometimes referred to as Loma Linda, both within the County of San
Bernardino.
WHEREAS, certain facilities will serve both public agencies resulting in a substantial saving
of money to each public agency; and
WHEREAS, said public agencies are authorized to contract with each other of the joint exercise
of any common power under Article 1, Chapter 5, Division 7, Title 1 Section 6500 et.seq. of the
Government Code; and
WHEREAS, a similar joint powers agreement between the City of San Bernardino and the
Loma Linda Sanitation District, which district has since been succeeded by the City of Loma Linda,
dated the 25th day of January 1965, has been twice amended, and the original term of that agreement
having since expired;
NOW, THEREFORE, the fol1owingpublicagencies: City of San Bernardino, Board of Water
Commiltoioners of the City of San Bernardino and City ofLoma Linda for and in consideration of the
"
mutual promises and agreements hereinafter stated and the performance thereof, and for other valuable
and adequate consideration, do promise and agree for and on behalf of themselves and their successors
. in interest as fol1ows:
1
SECTION 1. Purpose of Agreement Common Power to be Exercised.
This agreement, made under the provisions of Article 1, Chapter 5, Division 7, Title 1 Section
6500, et. seq., of the Government Code is for the purpose of obtaining for each public agency facilities
for the collection, treatment and disposal of sewage, and each public agency has in common the power
to acquire, construct, maintain, repair, manage, operate and control facilities for said purpose. Said
purpose will be accomplished and said common power exercised in the manner hereinafter set forth.
SECTION 2. Term of Agreement.
This agreement shall become effective and be in full force as of the day of
1994 and continuefor an initial term of 10 years. Thereafter, in the absence of a written notice of non-
renewal given by either San Bernardino or Lorna Linda to the other party at least sixty (60) days before
the termination of the agreement, the term of the agreement shall be extended for five (5) years, for the
maximum of thirty (30) years, unless this agreement be terminated or supplanted by a new agreement
by mutual consent of the two (2) parties.
SECTION 3. Administration.
San Bernardino, through its Board of Water Commissioners, subject to the charter of the City
of San Bernardino and this agreement, shall administer and execute this agreement and do all acts
necessary for the exercise of said common power for said purpose, as herein provided.
SECTION 4. Defmitions.
The following definitions shall apply to this agreement:
A. Bllre Line
There exists a sewer line with a maximum peak rate of flow capacity of approxiMately
7 MGD at three quarters full, running northwesterly from the site of Loma Linda's
existing treatment plant to collection point located at the intersection of the most
easterly boundary of the San Bernardino City Limits and Redlands Boulevard, and a
metering device at or near such latter location. This sewer line and metering device are
Joint Powers Agreement of 1994
2
San BemardinolLoma Linda
owned solely by Loma Linda, but may be operated and maintained by San Bernardino
and controlled jointly by Lorna Linda and San Bernardino. Said sewer line shall
hereinafter sometimes be referred to as the "Blue Line".
B. Red Line
There exists a trunk sewer line with a maximum peak rate of flow capacity of
approximately 7 MOD at three quarters full, running northerly from the said collection
point at the intersection of Caroline Street and Artesia Street to San Bernardino City
Limits and Redlands Boulevard to San Bernardino's existing lift station located east of
San Bernardino's Water Reclamation Plant. Said trunk sewer line running northerly
from the collection pointlocated at the intersection of Caroline Street and Artesia Street
is owned solely by Lorna Linda, but may be operated and maintained by San
Bernardino and controlled jointly by Loma Linda and San Bernardino. Said trunk
sewer line shall hereinafter sometimes be referred to as the "Red Line".
C. ReiPonal Cost~
Those costs associated with regional facilities, as referenced in Section 13 of this
agreement shall hereinafter sometimes be referred to as the regional costs.
D. ReiPonal Facilities
Those sewer facilities used by San Bernardino, Loma Linda, and others, including the
Red Trunk Sewer and Wastewater Facilities and such additions and improvements to
the regional facilities as may be required for adequate treatment and disposal, shall
hereinafter sometimes be referred to as the regional facilities. Present regional faCilities
include the wastewater treatment facilities and outfall sewer lines and interceptors of
said San Bernardino, which carry Loma Linda sewage.
Joint Powers Agreement of 1994
3
San BernardinolLoma Linda
SECI'ION 5. Right to Use of Red Line Trunk Sewer.
Loma Linda shall have and own, for the existence of this agreement, a right to discharge its
sewage into the red line trunk sewer for conveyance to the San Bernardino treatment plant. The only
charges to Loma Linda in the future shall be those hereinafter authorized in Section 13. Loma Linda
shall discharge all sewage entering any of its sewage collection facilities into said red line trunk sewer
at the collection point located at the intersection of Caroline Street and Artesia Street.
SECI'ION 6. Limitations on Loma Linda in Regard to Quality of Sewage.
Loma Linda expressly agrees to the following separate, distinct and cumulative limitations:
Loma Linda shall obey the applicable statutes, ordinances rules and regulations of agencies of
the United States of America, the State of California and the County of San Bernardino, having
jurisdiction over the collection, treatment and disposal of sewage and wastes to the same extent that
such statutes, ordinances, rules and regulations apply to the customers of San Bernardino, located with
the San Bernardino City Limits. In addition thereto, Loma Linda shall pass, adopt and enforce
ordinances, resolutions, rules and regulations (if not already in effect) fundamentally the same as those
ordinances, resolutions, rules and regulations passed and adopted by San Bernardino regulating the type
and condition of sewage and wastes permitted to be discharged into San Bernardino sewers. Loma
Linda shall require all persons and customers (including public agencies of all types) to obey such
ordinances, resolutions, rules and regulations and shall prohibitsaid persons and customers to discharge
into said Loma Linda sewage system any wastes determined to be "unlawful discharges" by the City of
San Bernardino, in accordance with Municipal Code 13.32.080, City of San Bernardino.
SECI'ION 7. Pretreatment Program
"
A. All conditions as imposed in Loma Linda Resolution 1800 as amended.
B. Pretreatment Program Administrative Agreement between San Bernardino and
Loma Linda dated March 27, 1989.
Joint Powers Agreement of 1994
4
San BernardinolLoma Linda
SECrION 8. Service Areas, Right to Collect Charges.
San Bernardino and Lorna Linda agree that the areas within which each is entitled to provide
sewer service and/or collect sewer service charges shall be as set forth in this section. Neither city shall,
without the written consent of the other, be entitled to provide sewer service and/or collect sewer service
charges within any territory assigned to the other under this section.
A. San Bernardino City Territory
San Bernardino (unless otherwise specifically prohibited by this section) shall be entitled
to provide sewer service and collect sewer service charges from all territory now within or that
may come within the San Bernardino boundaries and within any territory now lying south of
San Bernardino boundaries and northerly and westerly of Lorna Linda boundaries that may be
annexed to San Bernardino in the future.
B. Lorna Linda City Territory
Lorna Linda (unless otherwise specifically prohibited by this section) shall be entitled
to provide sewer service and collect sewer service charges from any territory now within the
boundaries of Lorna Linda and any additional territory that may be annexed to Lorna Linda
in the future which at the time of annexation lies outside the boundaries of any city.
C. Boundary Line Lands
The city within which is located lots or building sites adjacent to any present or future
common boundary line between San Bernardino and Lorna Linda shall be entitled to provide
sewer service and collect sewer service charges therein, but said parcels may be served by
connections to the nearest sewer facilities, regardless of whether such facilities are owned by San
Bernardino or Lorna Linda.
D. No Requirement for Service
The designation of the service areas as herein set forth shall be for the benefit of the
cities herein contracting and not for the lands or owners ofland within the areas so designated.
Joint Powers Agreement of 1994
5
San BemardinolLoma Linda
Nothing herein contained shall be construed as to require either of the cities to furnish sewer
services to any particular parcel or parcels of land within any of the areas herein designated.
Each of the cities does hereby reserve any and all rights that they now have or may hereafter
acquire to refuse service to any parcel or parcels of land within any of the areas herein
designated and to impose such rules, regulations, conditions, tolls, charges, assessments, rates,
. limitations and restrictions as they deem fit for the furnishing of a sewer service or the
continuation thereof, which are not inconsistent with the provisions and rights and obligations
set forth in this agreement.
E. Reeional Service
Nothing in this section shall be construed to prohibit the provision of sewer services by
either of the parties to this Joint Powers Agreement in the areas within or without the
boundaries of said parties and shown within the service area as outlined in the Focused
Facilities Master Plan for the San Bernardino Water Reclamation Plant, on me in the Public
Works Department of the City ofLoma Linda and the City of San Bernardino, subject to the
purchases, from time to time, of sewer capacity rights.
SEcrION 9. Regional Cost Sharing.
The costs of regional facilities will be shared by San Bernardino and Loma Linda as parties to
Joint Powers Agreements in proportion to the number of equivalent dwelling units in each jurisdiction.
A regional cost per DUE will be determined at the close of each fiscal year by dividing the regional costs
by the total number of regional sewer DUE's. Each agency will then be responsible for the regional cost
for the number of DUE's related by flow or by units billed by Loma Linda cnstomers. . .
SEcrION 10. Regional Charges.
San Bernardino and Loma Linda each agree to adopt a uniform regional sewer rate ordinance
as related to setting charges applicable to Regional Facilities and Treatment Charges and a uniform
base fee for TI'f".atment Cl\1>acity to meet future increased treatment demand.
Joint Powers Agreement of 1994
6
San BernardinolLoma Linda
The rate structure shall be developed in accordance with the California State Water Requir~d
Control Board (SWRCB) guidelines for State Revolving Fund loans. San Bernardino is in receipt of
such loans for upgrades to the treatment plant. An approved Revenue Program must be on file with
the SWRCB which establishes fair and equitable rates for an users of the regional facilities. The
Treatment Capacity charges to provide additional capacity to meet additional demand at the Regional
Treatment Plant shall be uniform to Loma Linda and San Bernardino and as established by Resolution
of the Mayor and Common Council of the City of San Bernardino. The fees shan be conected by San
Bernardino and shan be used to pay for the public facilities described in the Focused Facilities Master
Plan to be coustructed by the San Bernardino Water Department.
SECTION I I. Residential and Commercial Users.
Recovery of costs to meet total operating revenue requirements shan be from Residential
Dischargers and Commercial Dischargers. ResidentialDischargers shan be any residential dwening unit
which, if located within Loma Linda, does not require a Loma Linda Business License for occupancy
and operation thereof; Single-Family Dwelling (1 unit), Duplex (2 units), Triplex (3 units).
Commercial Dischargers shan include an dischargers other than residential, which, if located
within San Bernardino, do require a San Bernardino License for occupancy and operation, including
apartment houses and mobile homes or other such living quarter facilities in excess of a triplex or three-
unit complex.
SECTION 12. Separation of funds.
San Bernardino agrees that any funds relating to the joint facilities will be subject to separate
accounting and that such funds shall not be used by San Bernardino for any other purpose. ' ,
SECTION 13. Local Charge.
San Bernardino and Loma Linda retain and reserve the right to levy charges in establishing the
monthly sewer charges to users in each of their respective sewer service areas. Regional facilities
revenues are restricted to regional facilities.
Joint Powers Agreement of 1994
7
San BernardinolLoma Linda
SECfION 14. Payments by Loma Linda.
As compensation to San Bernardino for services rendered in the providing of treatment
capacity, the treating and disposing of waste discharged by Loma Linda into said red line trunk sewer,
or other sewers adjacent to Loma Linda, Lorna Linda shall pay to the Board of Water Commissioners
at the end of each monthly period, or other period established by Lorna linda for imposing and
collecting sewer service charges to the aggregate of "Regional Facilities and Treatment Charges and
Regional Capacity Charges as set forth in City of San Bernardino Ordinance and Resolutions."
Any amount of said payment which is in dispute shall be paid to the City with a notation that
it is paid under protest and shall be reviewed by each party for resolution.
Payments due at the end of the period specified above shall be paid within thirty (30) days of
said due date. Payments not made within said thirty (30) days shall bear .interest at the rate of the
current prevai1ing prime rate of interest per annum from the date thereof until paid.
SECfION 15. Records, Accounts, Inspection and Audit.
Lorna Linda shall keep a complete and up to date list of all persons and customers of every kind
and nature (including public agencies of all types) discharging into or using its system and shall keep
proper books of record and accounts in which complete and correct entries shall be made of all
transactions (including all receipts and disbursements) relating to the provisions of sewer service and
the collection of sewer service charges. Said list, books of record and accounts shall be kept in such
reasonable detail that San Bernardino can ascertain the aggregate charges which San Bernardino would
have collected, if the persons and customers served by Loma Linda or emptying into Lorna Linda's
system had been located iD San Bernardino. Said list, books or record and accounts shall, upon Written
request, be subject to inspection by any duly authorized representative of San Bernardino. Said list,
books of record and accounts may be audited by an independent certified public accountant or rum of
certified public accountants appointed by San Bernardino and approved by Loma Linda, and a copy
of the report of stich accountant or accountants shall be given to each public agency. San Bernardino
Joint Powers Agreement of 1994
8
San BernardinolLoma Linda
shall notify Lorna Linda, within a reasonable time before the audit is to commence, of the identity of
the auditor or auditing firm. The expense of said audit shall be shared by said public agencies equally.
San Bernardino may, upon written request, inspect Loma Linda's sewage collection facilities at
reasonable intervals.
SECfION 16. Effect of Agreement Nature of Obligations.
Loma Linda agrees that it will prescribe, revise and collect such rates and 'charges for the
services, facilities and use of its sewer system as will produce, after allowance for contingencies and error
in estimates, sufficient revenues to discharge all obligations under this agreement and all other
obligations of Lorna Linda which are a charge upon or payable from such revenues.
The expenses of and claims against Lorna Linda under this agreement are general obligations
of Lorna Linda, and if Loma Linda has no revenues or if the revenues of Lorna Linda are, or in the
judgement ofLoma Linda are likely to be inadequate to pay debts, expenses and claims against Loma
Linda, including all expenses and claims payable under this agreement, Loma Linda shall cause an
annual tax to be levied upon the taxable property within its jurisdiction sufficient to pay all expenses
and claims payable under this agreement. All monies derived from such tax and all other moneys
allocated and designated for the payment of said obligations, including all expenses and claims payable
under this agreement, shall be placed in a special fund ofLoma Linda and until all of said obligations
have been fully paid, the moneys in said fund shall be used for no other purpose than the payment of
said obligations. Loma Linda shall notify San Bernardino of the name of said special fund upon its
establishment.
Nothing herein shall be construed as prohibiting San Bernardino or Loma Linda from issuing
revenue bonds or other evidences of indebtedness payable from the revenues from sewer service charge
or other sewer system revenues and which have, as to said sewer charges and revenues for any sums
required for the payment or security of the principal thereof or interest thereon, a priority over
obligations payable under this agreement.
Joint Powers Agreement of 1994
9
San BernardinolLoma Linda
SECfION 17.
Severability. .
If any section, subsection, sentence, clause, phrase or word of this agreement, or the application
thereof to either public agency or to any other person or circumstance, is for any reason held invalid,
it shall be deemed severable and the validity of the remainder of the agreement or the application of
such provision to the other public agency, or to any other persons or circumstance, shall not be affected
thereby. Each public agency hereby declares that it would have entered into this agreement and each
section, subsection, sentence, clause, phrase, and word thereof irrespective of the fact that one or more
section, subsection, sentence, clause, phrase or word, or the application thereof to either public agency,
or any other person or circumstance, be held invalid.
SECfION 18. Amendments.
This agreement may be amended or modified by said public agencies in writing by mutual
consent and shall continue thereafter under the provisions of Section 2.
SECfION 19. Time is of the Essence.
Time is of the essence of this agreement.
"
Joint Powers Agreement of 1994
10
San BemardinolLoma Linda
. IN WITNESS WHEREOF, each public agency has caused this instrument to be executed by
its respective officials theretofore duly authorized by the legislative bodies thereof.
CITY OF SAN BERNARDINO
CITY OF LOMA LINDA
Mayor
~~~~~ ~
Mayor
By:
Dated:
Dated: ..J V J1 e ;) 3 /99 <j
,
ATIEST:
Dated:
,ytgrn~,t) ~7-7U-o - /) ~~
City Clerk ,
Dated: TUn/"/ ~.~ /99Y
,
City Clerk
Approved as to form and legal content:
City Attorney
Dated.
~
City AttornpA
Dated: ' 1/
"
Dated:
By, ~{);J$~
Che 1 flowers, Secretary
Dated: 7 ~i91'
/
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Joint Powers Agreement of 1994
11
San BemardinolLoma Linda
