HomeMy WebLinkAbout2019-003 DEL ROSA MUTUAL WATER COMPANY SHARESResolution No. 2019-2
RESOLUTION NO. 2019-3
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE SALE OF THE CITY'S DEL ROSA
MUTUAL WATER COMPANY SHARES TO THE SAN
MANUEL BAND OF MISSION INDIANS
WHEREAS, individual owners of East Twin Creek water rights formed the Del Rosa
Mutual Water Company in 1901;
WHEREAS, the City owns 581 shares and the San Manuel Band of Mission Indians
owns 3,729 shares of the Company's 4,310 outstanding shares; and
WHEREAS, on November 27, 2018, the Water Board of the City of San Bernardino,
California, approved the Sale and Assignment of the City's Del Rosa Mutual Water Company shares
and forwarded said Sale to the Mayor and City Council for approval.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2, The Mayor and City Council hereby approve the Sale and Assignment
(Exhibit "I") and authorize the City Manager to execute said Sale.
SECTION 3. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Counci and signed by the Mayor and attested
by the City Clerk this 2nd day of Jams 2019.
ohn Valdivia, Mayor
City of San Bernardino
Resolution No. 2019-3
Attest:
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Georgeann Wanna, MM, ity Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-3
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-3 adopted at a regular meeting held at the 2nd day of January 2019 by the
following vote:
Council Members: AYES NAYS
SANCHEZ
Mme, X
VACANT
SHORETT x
NICKEL X
RICHARD X
MULVIHILL
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 2nd day of Janu 2019.
Georgea Hanna, MC, City Clerk
ASSIGNMENT OF SHARES SEPARATE FROM CERTIFICATE
The City of San Bernardino, a municipal corporation ("City"), with offices at 290 North D
Street, San Bernardino, CA 92401, for the value received in the sum of Two Thousand Two
Hundred Eighty -Nine Dollars and Fourteen Cents ($2,289.14), does hereby, sell, assign, and
transfer to San Manuel Band of Mission Indians, a federally recognized Indian tribe ("San
manner,), with offices at 26569 Community Center Drive, Highland, CA 92346, Five Hundred
Eighty One (581) shares of Del Rosa Mutual Water Company (Company), which constitutes
City's entire ownership interest in Company, standing in the undersigned name on the books of
Company, represented by certificate No. 789, 799, 809, 818, 834, 844, 853, and 857. The effect
of this transfer shall make San Manuel the sole shareholder of Company.
The undersigned does hereby irrevocably constitute and appoint each officer of Company to
transfer said shares on the books of Company with full power of substitution in the premises.
zUq WDated this day of , 295- &�
CITY OF SAN BERNARDINO
By:
Name: Andrea Miller
Title: City Manager
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
Name: Miguel Guerrero
Title: General Manager