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the voters of the City of San Bernardino, at an election held on
November 8. 2016, approved a new City Charter; and,
the new City Charter went into effect upon filing with the Secretary of
State on January 31, 2017; and,
IffHEREAS, prior to the adoption of the new City Charter, the wastewater collectio
system and services ("Wastewater Collection") were the responsibility of the Mayor and Cit
Council ("City Council") of the City of San Bernardino, California, and managed by the Cit
of San Bernardino Department of Public Works Sewer Division ("Sewer Division"); and,
WHEREAS, Section 603 of the new City Charter transfers responsibility for
Wastewater Collection (the "Transfer") from the City Council to the City of San Bernardino
Water Board ("Water Board") to be managed by the San Bernardino Municipal Water
Department ("Water Department"); and,
WHEREAS, the City Council and Water Board desire to implement the provisions of
the new City Charter in a reasonable manner that has the maximum chance of success and
minimum chance of disruption , services;
r I.
WHEREAS, the City Council and Water Board believe that the Transfer will protect
the health, safety, and welfare of the residents and businesses of the City of San Bernardino.
THEREFORE,
i- i :, � BOARD a _
COUNCIL.� DO
HEREBYRESOLVE
SECTION I: The above - , are true and correct and incorporate
SECTION ® The effective date of the Transfer shall be the later of:
(A) May 1, 2017; or
(B) The date identified by the General Manager in Section 1 of the 'Transfer
Certification attached hereto as Exhibit "A" and incorporated herein by this
reference
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3 'ECTION 3.- The Transfer shall not occur, and the City Manager and G
-"j 5 eneral
Manager shall not execute the Transfer Certification, until each item listed bel® has been
completed:
(A) The C ity Manager shall provide to the General Manager of the Water
Department, or her designee, documentation on all workers compensation claims
of all Sewer Division emi)loyees transferring to the Water Department;
(B) The debt obligations of the Sewer Division regarding the provision of
Wastewater Collection, shall either have been paid in full, or assigned to the
Water Department, as determined by the General Manager or her designee.
SECTION 4: Upon the effective date of the Transfer,the following shall occur:
"A) The Water Department shall receive and be assigned all rights, duties
*bilities, properties (both real and personal), contracts,, equipment, assets,
res-ponsi
liabilities, obligations, functions, executory provisions, entitlements, permits, and
approvals of the Sewer Division. With the consent of the General Manager, the
Public Works Department may retain properties, equipment, or assets of the
Sewer Division, so long as the Water Department receives the fair market value,
as determined by an independent appraiser mutuallv agreed upon by the City
Manager and General Manager, of the retained properties, equipment, or assets
from the General Fund by June 30, 2017. The City Manager shall ensure that all
information necessary for the Water Department to evaluate the liabilities of the
Sewer Division is provided. All fee revenues attributable to Wastewater
Collection shall transfer to the Water Department;
(C) The Water Department shall assume the obligations for unfunded retirement
obligations, any contractual benefit following retirement, or other -contractual
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obligation approved by the City Council for all Sewer Division employee
a
transferred to the Water Department, or persons previously employed by th
Sewer Division covered by such retirement or contractual obligations-, is
(D) The Water Department shall accept all assets transferred from the City in "as
condition. All assets including, but not limited to, equipment (vehicles, supplies,
tools, office furniture, fixtures, all lands, buildings, real and personal
property and appurtenances held by the City of San Bernardino for the purposes
Wastewater Collection shall be transferred to the Water Department. All
recordable documents to effectuate the designation of land and/or buildings and
the title transfer documents for vehicles shall be prepared by the City Manager to
be filed upon the effective date of the transfer with a copv provided to the Water
Department*
(E) Any remaining payments, accounts payable, accounts receivable, rights and
interest claimed by the City of San Bernardino under all agreements and/or
memoranda of understanding with any public agency or private entity, regarding
Wastewater Collection, shall transfer to the Water Department.
Any funds currently deposited for the benefit of the Sewer Division which has
been impressed with a public trust, use, or purpose shall be transferred to the
Water Department, and the Water Department shall separately maintain such
funds.
SECTION 5-, As of the date of approval of this Resolution by the City Council,
through the effective date of the Transfer, the City Council shall not take any of the following
actions unless it first finds an emergency situation exists, and such action is supported by the
Water Board:
NO INCREASE IN COMPENSATION OR BENEFITS. No increase 'in
calculation for payment of benefits or compensation for Sewer Division
employees transferring to the Water Department shall be allowed beyond those
already provided in the applicable Memorandums of Understanding for the
employees at the time of this Resolution's approval.
(B) BOUND BY CURRENT BUDGET. Appropriating, encumbering, expending,
or otherwise obligating any revenue of the Sewer Division for Wastewater
Collection purposes beyond that provided in the current bud�4et at the time of this
Resolution's approval.
SECTION 6. The Mayor and City Council, as CEQA lead agency, have determined
that the Transfer is statutorily exempt from environmental review. The basis for this
determination is this action transfers Wastewater Collection from one department within the
City to another which will not result in any physical impacts on the environment. Therefore,
this action is exempt as defined under Section 15061(b)(3) of the State CEQA Guidelines.
Additionally, the Mayor and City Council are required to perform this action under the terms
of the City Charter, as adopted by the voters on November 8, 2016, and therefore, the Transfer
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is not a discretionary act. The City Manager is directed t® file a Notice of Exemption within
five days®
SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or
wor in this Resolution or any part thereof is for any reason held to be unconstitutional,
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Resolution or any part thereof. The
Mayor and, City Council and Water Board hereby declare that they would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional. invalid, or ineffective.
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1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City o San Bernardino is i -joint regular
is ..•. ,g held
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o April, 2017, r' afollowing vote, . j�
Council Membera: AYES NAYS ABSTAIN ABSENT
MARQUEZ (�
VALDIVIA x (M�
SLID TT
NICKEL1
1, Stacey Aldstadt, General Manager of the City of San Bernardino Municipal Water
Department, hereby certify that the City of San Bernardino has transferred the
wastewater collection system and services ("Wastewater Collection") from the City
of San Bernardino Public Works Department ("Public Works Department") to the
City of San Bernardino Municipal Water Department (Vater Department").
STACEY ALDSTADT
General Manager