HomeMy WebLinkAbout19-Water Department
CITY OF SAN BERN"ARDINO
REQUEST FvR COUNCIL ACTIO,N
~-"'m: Bernard C. Kersey, Secretary
Dept: Board of Water Commissioners
Subject: Water Spreading Indemnity Agreement
San Bernardino Valley Municipal
Water District - Devil Canyon Area
Date: March 21, 1990
Synopsis of Previous Council action:
7/27/89 - Resolution 89-289 approved Hold Harmless Agreement with San
Bernardino Valley Municipal Water District for the spreading of
imported water at the Devil Canyon spreading grounds.
Recommended motion:
Adopt Resolution
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Contact person:
Bernard C. Kersey
Phone:
384-5393
Supporting data attached: Yes
Ward: 5,7
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
'"
r'lncil Notes:
75-0262
Agenda Item No.
It:f
CITY OF SAN BERN,..ADINO - REQUEST F\I~ COUNCIL ACTION
STAFF REPORT
In July, 1989, a Hold Harmless Agreement was entered into by and
between the San Bernardino Valley Municipal Water District
(District), the City of San Bernardino (City), and the Board of
Water Commissioners (Board). The agreement provided the District
would spread up to 5,000 acre feet of water in the Devil Canyon
spreading basins between August and September, 1989 as long as the
City and Board would hold them harmless and indemnify them for any
action arising in connection with the spreading of water pursuant
to the agreement.
The District actually spread 3,800 acre feet of water at Devil
Canyon which improved the production capabilities from our wells
in the immediate vicinity.
The Board of Water Commissioners requested, and the District has
approved, the spreading of 5,000 acre feet of water in Devil Canyon
between April and August, 1990, provided a similar indemnity
agreement is entered into by the City and Board of Water
Commissioners. The water requested is necessary in order for the
Water Department to meet peak demand which occurs in the summer
months.
The District has approved the proposed agreement and the Board of
Water Commissioners approved the agreement at their regular meeting
held on March 20, 1990.
75-0264
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A WATER SPREADING INDEMNITY
AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
FOR THE SPREADING OF IMPORTED WATER AT THE DEVIL CANYON SPREADING
GROUNDS.
WHEREAS, the City of San Bernardino, by and through it's Board
of Water Commissioners, owns and operates several wells in the
Devil Canyon area; and
WHEREAS, the water table has fallen more than 200', rendering
the domestic water wells in the upper portion of the basin nearly
useless from a water production standpoint; and
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13 management and operation of it's water system, has maximlzed it's
WHEREAS,
the
Commissioners,
it's
Board
of
Water
through
14 ability to move water from the Bunker Hill Pressure Zone to the
15 higher elevations of it's distribution system; and
16 WHEREAS, the Board of Water Commissioners requested San
17 Bernardino Valley Municipal Water District to spread imported
18 water, and their Board of Directors consented to spread water in
19 Devil Canyon in 1990, providing the City of San Bernardino and the
20 Board of Water Commissioners enter into a water spreading indemnity
21 agreement for the spreading of said water.
22 NOW THEREFORE BE IT RESOLVED by the Mayor and Common Council,
23 City of San Bernardino, as follows:
24
SECTION 1.
The Mayor 1 s hereby authori zed to execute a
25 Water Spreading Indemnity Agreement with the San Bernardino Valley
26 Municipal Water Dlstrict, a copy of which lS attached hereto,
27 marked Exhibit "A" and incorporated herein by reference as though
28 fully set forth at length.
3/21/90
RESOLUTION AUT~'~lUZING EXECUTION OF A WATER SPREP - TNG INDEMNITY AGREEMENT WITH S
BERNARDINO VALL MUNICIPAL WATER DISTRICT
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Counci 1
of the City of San
4 Bernardino at a
5 on the day of
6 vote to wit:
7
8 Council Members: AYES
9 ESTRADA
10 REILLY
11 FLORES
12 MAUDSLEY
13 MINOR
14 POPE-LUDLAM
15 MILLER
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17
18
meeting thereof, held
, 1990, by the following
NAYS
ABSTAIN
SHAUNA CLARK, CITY CLERK
19
20 of
The foregoing resolution is hereby approved this
day
, 1990.
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W.R. HOLCOMB, MAYOR
25 APPROVED AS TO FORM
AND LEGAL CONTENT:
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',1
Attorney
3/21/90
-2-
WATER SPREADING INDEMNITY AGREEMENT
This agreement is entered into by and among the CITY OF SAN
BERNARDINO ("City"), the BOARD OF WATER COMMISSIONERS OF THE CITY
OF SAN BERNARDINO ("City Water Department"), and the SAN BERNAR-
DINO VALLEY MUNICIPAL WATER DISTRICT ("District").
RECITALS
1. The City and the City Water Department have requested
the District to spread imported water in the Devil Canyon Area.
2. The City and the City Water Department have represented
that there is an immediate need for such spreading due to low
well levels in the Devil Canyon area which threaten the continued
operations of the City Water Department's wells.
3. The City and the City Water Department have represented
that there is no physical method to produce water from the Arte-
sian Zone of the San Bernardino Basin and boost the water to
Devil Canyon. The City Water Department's distribution system
has inadequate transmission facilities to physically convey water
to the Devil Canyon area.
4. The City and the City Water Department have represented
that the nature of the San Bernardino water system is such that
further loss of production from the Devil Canyon Wells cannot be
offset by additional production from the Artesian Pressure Zone
and will result in the necessity of imposing water rationing on
the area affected thereby.
5. The City and the City Water Department have represented
that any water spread by the District with its existing facili-
ties will not, in any way, enter or affect the Artesian Pressure
Zone. The Devil Canyon Wells, the Ellena Brothers Well and the
Newmark Wells are capable of extracting water in excess of the
spreading capability. The City Water Department guarantees the
extraction of the total amount spread, or more, from the above-
listed wells before April 30, 1991.
OPERATIVE PROVISIONS
1. The District agrees to spread water in the Devil Canyon
spreading grounds, in an amount to be determined by the District,
which amount shall be greater than 500 acre feet, but which will
not exceed a total of 5,000 acre feet. Such spreading will
terminate by December 31, 1990.
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EXHIBIT "A"
2. The City and the city Water Department agree to hold the
District and its officers, agents, and employees free and harm-
less of and from, and defend and indemnify them against all
liability, loss, claims, demands, damage, expense, costs, includ-
ing, without limitation, all costs and fees of litigation and its
threat, (e.g. without limitation, attorneys' fees and costs as
well as experts' fees and costs), of every kind or nature arising
out of or in connection with the District's spreading of water
pursuant to this Agreement, except for any liability arising out
of the District's decision to spread or not to spread water for
other agencies, public or private. This is intended to be a
specific indemnity provision and accordingly the city and the
City Water Department shall indemnify the District under this
provision regardless of District's active or passive negligence.
3. This Agreement shall terminate on April 30, 1991 unless
extended by the parties in writing, but the obligation of the
city and the City Water Department to indemnify the District
pursuant to paragraph 2 shall continue in full force and effect
until one year past the final disposition of any demands (whenev-
er made), claims or causes of action made or brought against the
District arising out of the District's spreading of water pursu-
ant to this Agreement.
Executed at San Bernardino, California.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
Mayor
Date:
ATTEST:
~~d'-7
BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
'/n~MJA 'Ii t!.iA~
presi ~
Date: ~ 1'1; IfY'n
A:S~
~ret ry
SAN BERNARDINO VALLEY
7/!!)J:' ~STRlcr
President
Date: March 19, 1990
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