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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Mayor's Office
Subject: Resolution approving Co-
Lead Agency Agreement by and
between the City of San Bernardino and
the San Bernardino Valley Municipal
Water District relating to the North Lake
and South Lake Projects within the City
of San Bernardino.
MICC Meeting Date: October 6, 2003
From:
Tim Cook,
Assistant to the Mayor,
Special Projects
Date:
September 30,2003
Synopsis of Previous Council Action:
1. Approval of the Joint Exercise of Powers Agreement to form the San Bernardino
Regional Water Resources Authority dated August 26, 1998.
2. Approval of Loan Agreement by and among the City of San Bernardino the San
Bernardino Valley Municipal Water District and the San Bernardino Regional Water
Resources Authority dated as of October 1, 2001.
3. Approval of Amendment to Loan Agreement by and among the City of San
Bernardino the San Bernardino Valley Municipal Water District and the San
Bernardino Regional Water Resources Authority dated as of October 21, 2002.
Recommended Motion:
Adopt Resolution.
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Signature
Contact person: Tim ~nnlc
Phnne:
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Supporting data attached: VP.!;
Ward: 1S\ 2nd, 3rd
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(A,...,..t n,:)c:('riptinn)
Finance:
Council Notes:
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STAFF REPORT TO COUNCIL - APPROVAL CO-LEAD AGENCY AGREEMENT WITH
THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
SUBJECT:
Resolution of the Mayor and Common Council approving that
certain Co-Lead Agency Agreement by and between the City of San
Bernardino and the San Bernardino Valley Municipal Water
District relating to the North Lake and South Lake Projects
within the City of San Bernardino.
BACKGROUND:
The City of San Bernardino, the San Bernardino Valley Municipal
Water District (RSBVMWD") and the Inland Valley Developer Agency
(RIVDA") formed the San Bernardino Regional Water Resources
Authority (the RWater JPA") in 1998 to study the problems
associated with the high ground water in the City and to develop
an economic revitalization plan for portions of the City.
The Water JPA has retained the firm of RBF Consultants to
prepare the EIR as required for the next phase of the project
that was previously known as the Lakes and Stream Project. This
project has now evolved into two (2) separate components
commonly referred to as the RNorth Lake" and the RCentral City
South Area". The North Lake is comprised of an approximately 45
acre water reservoir in the form of a lake within the area
bounded by RE" Street, Ninth Street, the 1-215 Freeway and
Baseline Avenue. The lake will be developed by SBVMWD and the
areas adjacent to this lake will be available for recreational,
residential and commercial developments.
The Central City South Area is generally located south of Rialto
Avenue, east of RE" Street, north of Mill Street and bounded by
the 1-215 Freeway as its western boundary. This area includes
an approximately 5 to 8 acre wetlands or other water feature in
addition to zone changes to provide for upwards of 400,000 of
commercial develop adjacent to the 1-215 Freeway.
CO-LEAD AGENCY AGREEMENT:
CEQA provides a mechanism whereby two or more public agencies
may agree in a written agreement as to the respective roles and
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responsibilities of such public agencies in situations where
they share a common interest in the "project" or have other
approval rights as to determining whether such "project" shall
proceed or not. Although CEQA does not specifically use the
term "Co-Lead Agency" in the CEQA legislation or in the CEQA
regulations, an agreement such as the one proposed to the
Council and to the SBVMWD will accomplish the goals of both
public agencies and the goals of CEQA.
The SBVMWD has previously entered into a very similar agreement
with another public water agency for a joint water project that
has already been completed by the SBVMWD. The SBVMWD has
recommended that the City and the SBVMWD consider a similar
contractual arrangement regarding the proposed EIR for the North
Lake and the Central City South Area.
Under the proposed Co-Lead Agency Agreement, both the City and
the SBVMWD will follow separate approval processes under their
typical processing procedures in the consideration and final
approval of the EIR for this project. The Co-Lead Agency
Agreement provides that neither party can unilaterally approve
the "project" unless the other party has likewise approved the
"project" and all the related EIR documentation. This imposes
a mutual consent requirement upon both parties as to all aspects
of the content, procedures and approval of the CEQA
documentation and the final EIR.
In the event that either the City or the SBVMWD do not approve
the final version of the EIR, then the other party cannot
proceed with the approval of the EIR documentation unilaterally.
This provision of the Co-Lead Agency Agreement essentially
provides both parties with the effective veto power over
proceeding with the ErR at any phase of the ErR preparation and
adoption process.
Should either the City or the SBVMWD not approve the CEQA
documents or the EIR at any phase of the process, the other
party could not proceed with the adoption of the EIR but would
be required to commence the CEQA process from the initial phases
and redefine the scope of the "project" for CEQA purposes.
The Co-Lead Agency Agreement effectively provides the City with
the ability to be involved in every aspect of the preparation,
review and adoption of the EIR and the other CEQA documentation.
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Should the City or the SBVMWD become uncomfortable with
proceeding with the certification of the final EIR, neither
party is required to approve and certify the EIR.
The public will have two (2) separate opportunities to voice any
concerns with the content and scope of the CEQA documents and
the final EIR. There should be no confusion on the part of the
public as to which governmental entity (i.e., the City or the
SBVMWD) they should address their comments because under this
proposed arrangement they may address either or both the City or
the SBVMWD in writing, in oral presentation, at public hearings
and at other public meetings of the City and the SBVMWD. Any
comments made to either the City or the SBVMWD will be adequate
to preserve the rights of the public speakers under CEQA to have
their concerns adequately addressed. The Co-Lead Agency
Agreement thus affords the public with a double opportunity to
be heard on the same issues related to the final EIR and the
other CEQA documentation.
The draft of the Co-Lead Agency Agreement has been authorized by
the Water JPA to be prepared by general counsel to the Water JPA
and was prepared by general counsel to the Water JPA and not by
either the City Attorney's office or counsel to the SBVMWD.
CURRENT STATUS:
The Water JPA is considered as the applicant to the City for
this CEQA review request for the project identified in the
application. RBF Consultants have prepared a draft Notice Of
Preparation ("NOP") to officially initiate the CEQA review
process for the preparation of the draft EIR. The City D/ERC
typically approves any NOP prior to distribution of this
document. The NOP is in the process of review by the City staff
and the staff of the SBVMWD to satisfy this D/ERC review
requirement. The "project" definition as required by CEQA to be
contained in the NOP will reviewed and approved by City staff,
representatives of the Water JPA and the staff of the SBVMWD
prior to distribution of the NOP.
Prior to the official distribution of the NOP for public review
and comment, it is necessary to have both the City and the
SBVMWD decide whether or not to approve the Co-Lead Agency
Agreement. If either the City or the SBVMWD do not approve the
Co-Lead Agency Agreement, then an alternative approach will need
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to agreed upon as to the "lead agency" role in the CEQA review
process if either the North Lake or the Central City South Area
projects are to proceed further through the CEQA process.
RECOMMENDATION:
Adopt Resolution.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO APPROVING THAT CERTAIN CO-LEAD
AGENCY AGREEMENT BY AND BETWEEN THE CITY OF SAN
4 BERNARDINO AND THE SAN BERNARDINO VALLEY MUNICIPAL
5 WATER DISTRICT RELATING TO THE NORTH LAKE AND SOUTH
LAKE PROJECTS WITHIN THE CITY OF SAN BERNARDINO
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RESOLUTION NO,
WHEREAS, the City of San Bernardino, California (the "City") is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions
of the constitution of the State of California; and
WHEREAS, the City and the San Bernardino Valley Municipal Water District
(the "Water District") are members, together with the Inland Valley Development
Agency, of the San Bernardino Regional Water Resources Authority (the "JPA")
which was formed in 1998 by the City, the Water District and the Inland Valley
Development Agency for the purposes of determining the feasibility of undertaking
one or more water resource and lake projects within portions of the City; and
WHEREAS, the JP A has stated its intent to file an application to the City in its
role as the "Applicant" for the purposes of undertaking an environmental impact
review and the preparation of an Environmental Impact Report ("EIR") as required
by the California Environmental Quality Act of 1972, as amended ("CEQA"), Public
Resources Code Section 21000, et seQ., and its implementing regulations found at
Title 17, California Code of Regulations Section 15000, et seQ. ("CEQA
Guidelines"); and
WHEREAS, the application may include the request for General Plan
Amendments, Development Code Amendments, and other modifications in the
City's Circulation Element ofthe General Plan to accommodate the land assembly
and the construction by the Water District of a water reservoir of not less than 35
acres in surface area generally located within the area bounded by "E" Street, Ninth
Street, Baseline Avenue and the 1-215 Freeway; and
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WHEREAS, the IP A further may request that the City consider appropriate
22 General Plan Amendments and Development Code Amendments to accommodate
further commercial and retail development and other smaller bodies of water and
23 water features in the area generally referred to as Central City South, bounded by
Mill Street, "E" Street, Rialto Street and the 1-215 Freeway; and .
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WHEREAS, pursuant to CEQA and the CEQA Guidelines both the City and
the Water District may be the "lead agency"; and the parties have determined it
would be in the best interest of the IP A for both parties to serve as the lead agency
and jointly prepare the EIR for the purpose of complying with CEQA on behalf of
the IP A; and
48 0330-8032.1
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WHEREAS, both the City and the Water District qualifY as a "lead agency"
under CEQA (specifically, Public Resources Code Section 21067) and the CEQA
Guidelines (Sections 15050 to 15053, inclusive) for the purposes of preparing and
certifYing the EIR; and
WHEREAS, where two or more agencies qualifY as a lead agency, CEQA
Guidelines Section 15051 (d) allows those agencies to enter into an agreement to
provide for cooperative efforts; and
WHEREAS, the City and the Water district have determined that a cooperative
effort will facilitate an efficient and complete environmental review of the JP A's
project which is in the best interest of all parties and the public; and
WHEREAS, the Parties desire to act as Co-Lead Agencies with respect to the
preparation, review and certification of the EIR, as permitted by the CEQA
Guidelines Section 15051 (d), and shall share in the costs of the preparation of the
EIR, as more fully set forth in the Co-Lead Agency Agreement between the parties;
and
WHEREAS, it is appropriate for the Mayor and Common Council to take action
with respect to entering into a Co-Lead Agency Agreement with the Water District.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, AS FOLLOWS:
Section I. The above recitals are true and correct and incorporated herein by
reference.
Section 2. The Mayor and Common Council hereby approve the City entering into
a cooperative agreement with the Water District relative to the preparation of an EIR
on behalf of the lP A.
Section 3. The Mayor and Common Council hereby approve the Co-Lead Agency
Agreement (attached and incorporated herein as Exhibit "A") and authorize and
direct the Mayor to execute the Co-Lead Agency Agreement and any other
documents required to facilitate the cooperation between the City and the Water
District relative to the preparation of an EIR for the lP A, as approved by the City
Attorney.
III
48, 0330-8032.\
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1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO APPROVING THAT CERTAIN CO-
2 LEAD AGENCY AGREEMENT BY AND BETWEEN THE CITY OF SAN
3 BERNARDINO AND THE SAN BERNARDINO VALLEY MUNICIPAL
WATER DISTRICT RELATING TO THE NORTH LAKE AND SOUTH
4 LAKE PROJECTS WITHIN THE CITY OF SAN BERNARDINO
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a meeting
thereof, held on the day of ,2003, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN
ABSENT
AYES
ESTRADA
LONGVILLE
MCGINNIS
DERRY
14 SUAREZ
15 ANDERSON
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MCCAMMACK
City Clerk
The foregoing Resolution IS hereby approved this
,2003.
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
48 0330-8032.1
. Co-Lead Agency Agreement
City of San Bernardino
and
San Bernardino Valley Municipal Water District
North Lake and South Lake Projects
Within the City of San Bernardino
This Co-Lead Agency Agreement ("Agreement") is entered into
and effective this 6th day of October 2003, by and between the
City of San Bernardino, California (the "City"), and the San
Bernardino Valley Municipal Water District (the "District").
The foregoing parties are each hereafter referred to as a
"Party" and collectively are referred to as the "Parties".
Recitals
A.
Each of the Parties is a "local agency" as defined by
California Public Resources Code Section 21062 for purposes
of the California Environmental Quality Act of 1972, as
amended ("CEQA"), Public Resources Code Section 21000, et
seq., and its implementing regulations found at Title 17,
California Code of Regulations Section 15000, et seq.
("CEQA Guidelines") .
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B. The Parties are members, together with the Inland Valley
Development Agency, of the San Bernardino Regional Water
Resources Authority (the "JPA") which was formed in 1998 by
the Parties together with the Inland Valley Development
Agency for the purposes of determining the feasibility of
undertaking one or more water resource and lake proj ects
within portions of the City. The JPA has stated its intent
to file an application to the City in its role as the
"Applicant" for the purposes of undertaking a CEQA review
and the preparation of an Environmental Impact Report
("EIR") as required by CEQA and the CEQA Guidelines under
the circumstances.
C. The Application may include the request for General Plan
Amendments, Development Code Amendments, and other
modifications in the City's Circulation Element of the
General Plan to accommodate the land assembly and the
construction by the District of a water reservoir of not
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CO-LEAD Agency9-25-039/25/03 tjs
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Exhibit "A"
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less than 35 acres in surface area generally located within
the area bounded by "E" Street, Ninth Street, Baseline
Avenue and the 1-215 Freeway. The JPA further may request
that the City consider appropriate General Plan Amendments
and Development Code Amendments to accommodate further
residential, commercial and retail development and other
smaller bodies of water and water features in the area
generally referred to as Central City South, bounded by
Mill Street, "E" Street, Rialto Street and the 1-215
Freeway.
D.
Either of the Parties may serve as lead agency pursuant to
CEQA and the CEQA Guidelines, and the Parties are of the
view and opinion that both Parties should serve as the Lead
Agencies for the purposes of complying with CEQA in
connection with the Application to be filed by the JPA.
E. The Parties have decided jointly to prepare an E1R in
connection with the Application of the JPA.
F.
Each of the Parties qualifies as a "lead agency" under CEQA
(specifically, Public Resources Code Section 21067) and the
CEQA Guidelines (Sections 15050 to 15053, inclusive) for
the purposes of preparing and certifying the E1R. Where
two or more agencies qualify as a lead agency, CEQA
Guidelines Section 15051 (d) allows those agencies to enter
into an agreement to provide for cooperative efforts.
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G. The Parties have each determined that it is beneficial to
cooperate with each other regarding the preparation and
review of the E1R and that a cooperative effort best meets
the needs of the Parties and the public and will facilitate
an efficient and complete environmental review of the
potential impacts of the Application and associated other
activities by the Parties relating to the land assembly and
construction of the water reservoir and other water
features, the management, storage and delivery of the water
to be utilized and the other economic development
activities to be undertaken pursuant to the Application
(collectively, the "Project"). Accordingly, the Parties
desire to act as Co-Lead Agencies with respect to the
preparation, review and certification of the E1R, as
permitted by the CEQA Guidelines Section 15051(d), and
shall share in the costs of the preparation of the E1R, as
more fully set forth in this Agreement.
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Agreements
Section 1.
Purposes.
The purposes of this Agreement are to set forth the Parties
respective responsibilities and the scope of cooperation as Co-
Lead Agencies and the procedures to be followed in fulfilling
their joint obligations as Lead Agencies in connection with the
preparation and certification of the EIR and the possible
approval of the Project.
Section 2. Desiqnation of Co-Lead Agencies.
Pursuant to CEQA Guidelines Section 15051 (d), the Parties
shall act as Co-Lead Agencies under CEQA for the preparation,
review and certification of the EIR, as provided herein.
Section 3. Duties of Co-Lead Aqencies.
The Parties shall jointly be responsible for determining
the method of compliance and for ensuring compliance with all
requirements of CEQA and the CEQA Guidelines. The Parties shall
cooperate and consult with each other in performing the duties
of a Lead Agency under CEQA and the CEQA Guidelines in
connection with the preparation, review and certification of the
EIR and approval of the Project, including, but not limited to,
preparation of the Notice of Preparation; consultation with
Responsible Parties, interested parties and the pubiic; issuance
of any scoping notices and conducting a seoping process, if any;
determination of the scope and preparation of the Draft EIR;
reviewing and responding to comments on the Draft EIR;
preparation of a Notice of Completion; issuance of a Final EIR;
certification of the Final EIR, preparation and filing of a
Notice of Determination, and approval of the Project.
Section 4. Defense of Litiqation Concerning the EIR.
In the event litigation is brought under Public Resources
Code Section 21167,21168,21168.5, or otherwise, challenging
the validity, in whole or in part, of the EIR, or the procedures
followed in the preparation, review and/or certification of the
EIR, the Parties, as Co-Lead Agencies, shall rely upon the JPA
to defend the EIR and its certification in any such litigation
pursuant to the commitments to be made by the JPA in the
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Application. Neither Party shall compromise or settle any such
litigation without first obtaining the written consent of the
other Party. Neither Party shall oppose a motion by the other
Party to intervene in any such litigation in the event that such
intervention is required. It is the intent of the Parties that
the JPA as the applicant for the CEQA "project" will indemnify,
defend and hold harmless and reimburse each Party for all
expenses incurred in connection with any such action. Each
Party shall initially pay their own costs in such action if
named as a party to such action, and the JPA shall be solely
responsible for the payment of its costs in the defense of any
such litigation.
Section 5. Certification of EIR by Both Co-Lead Agencies.
Each Party shall individually review and determine whether
to certify the EIR pursuant to CEQA Guidelines Section 15090.
The certification of the EIR shall not be effective, and a
Notice of Determination shall not be filed, until both Parties
have separately certified the EIR through their independent
official actions of the elected officials constituting their
governing bodies and approve any required mitigation monitoring
program and/or statements of overriding consideration as a part
of such EIR and the implementation thereof. The Parties shall
cooperate with each other in connection with the preparation of
joint findings relating to the EIR, as determined to be
appropriate by the Parties under the circumstances, including
the consideration and adoption of such findings as may be
required to approve the mitigation monitoring program or any
statements of overriding consideration, if any.
Section 6. Contracting and Cost Sharing.
A. The Parties through the JPA have selected RBF Consultants,
Inc., as the consultant (the "Consultant") pursuant to an
independent contract approved and executed by and between
the Consultant and the JPA to prepare the EIR. The Parties
acknowledge the terms and provisions of the Consul tant
agreement with the JPA and the "not to exceed" professional
services dollar amount limitation, among other provisions
contained therein ("Consultant Contract"). The Parties
have reviewed and approved the Consultant Contract and the
"not to exceed" dollar amount limitation and other material
terms of the Consultant Contract as deemed relevant.
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The Parties shall jointly work with the Consultant, as
needed, and the JPA shall be responsible for the day-to-day
supervision of the Consultant as provided below. Each
Party shall provide the Consultant timely access to data
and information in its possession relevant to the EIR, and
each Party shall inform the other Party of any information
or data so provided to the Consultant. Each Party shall
inform the Consultant of all of the Party's respective
internal regulations and procedures applicable to the
environmental review process on the EIR, and shall promptly
advise the Consultant regarding the Consultant's compliance
wi th such regulations and procedures. Each Party shall
promptly notify the other Party and the Consultant
regarding comments received from State or federal agencies,
interested groups or organizations or members of the
general public that are relevant to the CEQA review
process.
Utilizing the services of the Consultant, the Parties shall
require the JPA to prepare the EIR with sufficient scope to
address environmental issues raised in connection with the
Project and to satisfy all CEQA requirements. The Parties,
in consultation with the Consultant and the JPA, shall
jointly decide upon the public scoping process, if any,
including the time and locations of any public scoping
meetings or any other public hearings. After completion of
the scoping process, the Parties shall jointly work with
the Consultant and the JPA to refine the organization,
scope and content of the Draft EIR. After receipt of
public comments on the Draft EIR, the Parties shall jointly
work with the Consultant to prepare appropriate responses
to those public comments, to publish those responses in the
Final EIR, and to prepare all appropriate findings and
other documentation to allow the Parties to certify the EIR
and approve the Project.
D. Each Party shall independently review, timely comment upon,
exercise their independent judgment and determine the
adequacy of, the Consultant's work, to ensure the
completeness, accuracy and objectivity of the EIR, and
components or portions thereof, and the satisfaction of all
requirements of CEQA and the CEQA Guidelines. Upon the
request of either Party, the Parties shall promptly meet to
discuss any disputes that may arise regarding the
Consultant's work. The Parties shall cooperate with each
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other, acting diligently and in good faith, to determine
how to correct any deficiencies in the Consultant's work.
Each Party shall have the right of access to all
information, reports, data, studies and other materials
used or produced by the Consultant, in addition to all
documents included in the administrative record file for
the ErR.
E.
The Consultant Contract includes provisions for the strict
accountabili ty of funds as provided by the Parties to the
JPA, and the Parties shall ensure that the JPA implements
cost accounting procedures with respect to all such funds.
Each Party shall have the right to inspect and audit the
books and records of the Consultant and the JPA relating to
costs billed pursuant to the Consultant Contract. The
Consultant's invoices will be sent to the Management
Committee of the JPA for approval for payment in the normal
course of business as previously authorized by the JPA.
The Parties will co-ordinate payments of cash advances to
the JPA not to exceed the dollar amount previously
committed by the Parties as may be needed from time-to-time
to allow for the full performance of the Consultant
Contract. Other than the payment of the Consultant's costs
which have been provided for pursuant to a separate loan
agreement between the Parties and the JPA, each Party shall
be responsible for the costs and expenses it incurs in
connection with this Agreement and the preparation, review
and certification of the ErR.
Section 7. Contact Persons.
A. The primary point of contact for each Party's performance
of its respective responsibilities pursuant to this
Agreement is listed below. Each contact person or their
designee shall be responsible and authorized to manage and
implement that Party's performance of its responsibilities,
including distributing materials to staff, outside counsel
and consultants. However, final decisions by each Party
shall be made by its governing board or other officer for
the appropriate entity duly authorized to do so pursuant to
the governing documents of such Party. Each Party may
change its designated representative from time-to-time by
written notice to the other Party. The initial
representatives are as follows:
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City: Tim Cook, Assistant to the Mayor - 909-384-5133
District: Robert L. Reiter, General Manager - 909-387-9222
B.
The representative of each Party shall: (1) serve as the
primary contact for each respective Party on all matters
relating to the preparation and completion of the ErR and
compliance with this Agreement; (2) devote such time and
effort to coordinate and review the efforts of the Parties
and the Consultant with those efforts of the JPA to
reasonably maintain the Schedule (as described in Section 8
below) and to ensure preparation of a thorough and legally
sufficient EIR; (3) attend meetings, both public and
otherwise, relevant to the development and preparation of
the ErR; and (4) ensure overall coordination of effort and
exchange of data, information and recommendations.
Section 8. Scheduling.
The Parties shall cooperate and take all reasonable steps
necessary to complete the issuance of a Draft ErR for public
review by January 31, 2004, and to consider the certification of
a Final EIR and approval of the Project by May 1, 2004. The
Parties shall duly notice public hearings as may later be
determined for the consideration of the certification of the
final EIR within a reasonable period of time after the JPA
proj ect manager provides written notice to the Parties stating
that adequate information is available, including comments and
responses to the Draft EIR, for the Parties to consider the
certification of the final ErR.
Section 9. Records.
The Parties shall keep and maintain the official
administrative record file for the ErR and shall be responsible
for ensuring that the file includes all materials required for
CEQA compliance. The Parties shall each be responsible for
providing the other Party with copies of all materials required
to be included in the file for CEQA compliance which relate to
that Party's involvement with the Project.
Section 10. Right of Withdrawal.
Ei ther Party shall have
Agreement by providing written
other Party. Withdrawal of
the right
notice of
a Party
to withdraw from this
such withdrawal to the
shall terminate this
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Agreement pursuant to Section 11 hereof; provided, however, that
all rights of either Party to seek repayment of any loans of
other advances of funds from such Party to the JPA shall not be
affected by any such termination of this Agreement, and any such
loans or other advances of funds shall be repaid in the manner
as previously agreed between the Parties and the JPA.
Section 11. Termination and Amendment.
This Agreement may be terminated upon the expiration of the
statute of limitations for filing suit after final certification
of the EIR by each Party, or, if litigation is filed, upon final
judgment or settlement of any litigation, including appeals,
regarding the EIR. If any Party gives notice of withdrawal
pursuant to Section 10, that action shall terminate this
Agreement and require payment of any amounts due hereunder, if
any. In the event the Parties terminate this Agreement after
the final EIR has been certified and approved by the Parties,
together with the approval of any mitigation measures or
statement of overriding consideration, the Parties shall then be
responsible to take such necessary action on their own behalf as
may be required under the circumstances and to cooperate with
the other Party when reasonably required.
Section 12. Reservations.
A. This Agreement is an agreement for the limited purpose
described in Section 1, and nothing herein shall be
construed to extend the purpose or the rights and authority
of any Party beyond such limited purpose. The Parties
understand and agree that by entering into this Agreement,
they are not forming a joint venture or partnership, or
contractually agreeing to delegate or modify their
respective responsibilities under applicable law as a lead
agency.
B. Each Party shall independently evaluate the EIR for legal
sufficiency prior to any approval, certification or final
adoption of the EIR. Each Party shall make its own
conclusion as to whether the EIR meets the standards for an
adequate environmental assessment based upon CEQA, the CEQA
Guidelines and applicable law.
Section 13. General Provisions.
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Jurisdiction and Venue.
litigation involving the
shall be brought in the
County.
The Parties agree
construction of this
Superior Court of San
that any
Agreement
Bernardino
B. Authority. Each signatory of this Agreement represents
that he or she is authorized to execute this Agreement on
behalf of one of the Parties to this Agreement. Each Party
represents that it has legal authority to enter into this
Agreement and to perform all obligations under this
Agreement.
C. Amendment. This Agreement may be amended or modified only
by a written instrument executed by each of the Parties to
this Agreement.
D. Headings. The paragraph headings used in this Agreement
are intended for convenience only and shall not be used in
interpreting this Agreement or in determining any of the
rights or obligations of the Parties to this Agreement.
E.
Waiver. No waiver of any violation or breach of this
Agreement shall be considered to be a waiver or breach of
any other violation or breach of this Agreement, and
forbearance to enforce one or more of the remedies provided
in this Agreement shall not be deemed to be a waiver of
that remedy.
F. Attorneys' Fees and Costs. The prevailing .Party in any
litigation or other action to enforce or interpret this
Agreement shall be entitled to reasonable attorneys' fees,
expert witnesses' fees, costs of suit, and other and
necessary disbursements in addition to any other relief.
Such right of recovery of attorneys' fees shall also
include the costs, fees and expenses of the Office of the
City Attorney of the City, to the extent applicable, and
general counsel to the District, to the extent applicable.
G. Entire Agreement. This Agreement .constitutes the entire
agreement of the Parties with respect to the subject matter
of this Agreement and supersedes any prior oral or written
agreement, understanding, or representation relating to the
subject matter of this Agreement.
CO-LEAD Agency9-25-039/25/03 tjs
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H.
Successors and Assiqns. This Agreement shall be
and inure to the benefit of the successors and
the respective Parties to this Agreement. No
assign its interests in or obligations under this
without the written consent of the other Party.
binding on
assigns of
Party may
Agreement
1. Partial Invalidity. If, after the date of execution of
this Agreement, any provision of this Agreement is held to
be illegal, invalid, or unenforceable under present or
future laws effective during the term of this Agreement,
such provision shall be fully severable. However, in lieu
thereof, there shall be added a provision as similar in
terms to such illegal, invalid or unenforceable provision
as may be possible and be legal, valid and enforceable.
J.
Necessary Actions. Each Party agrees to
deli ver additional documents and instruments
any additional actions as may be reasonably
carry out the purposes of this Agreement.
execute and
and to take
required to
K.
Compliance with Law. In performing their respective
obligations under this Agreement, the Parties shall
endeavor to comply with and conform to all applicable laws,
rules, regulations and ordinances.
L. Third Party Beneficiaries. This Agreement shall not create
any right or interest in any non-Party or in any member of
the public as a third party beneficiary.
M.
Counterparts. This
more counterparts,
original.
may be executed
which shall be
in one
deemed
or
an
Agreement
each of
N. Notices. All notices, requests, demands or other
communications required or permitted under this Agreement
shall be in writing unless provided otherwise in this
Agreement and shall be deemed to have been duly given and
recei ved on: (i) the date of service if served personally
or served by facsimile transmission on the Party to whom
notice is to be given at the appropriate address as
provided below; (ii) on the first business day after
mailing, if mailed by Federal Express, U. S. Express Mail,
or other similar overnight courier service, postage
prepaid, and address as provided below, or (iii) on the
third day after mailing if mailed to the Party to whom
9/25/03 CO-LEAD Agency9-2S-03 tjs
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notice is to be given by first class mail, registered or
certified, postage prepaid, addressed as follows:
To City:
Tim Cook, Assistant to the Mayor, Special Projects
City of San Bernardino
300 North "0" Street
San Bernardino, California 92418
Facsimile: (909) 384-5133
To District:
If via first class mail:
General Manager
San Bernardino Valley Municipal Water District
P.O. Box 5906
San Bernardino, California 92412-5906
Facsimile: (909) 387-9247
If via overnight courier service:
General Manager
San Bernardino Valley Municipal Water District
1350 South "E" Street
San Bernardino. California 92408
Phone: (909) 387-9200
Either party may change its address for notice purposes, or
designate additional addresses for notice purposes, by
gi ving the other Party notice of the new address in the
manner set forth above.
CO-LEAD Agency9-25-039/25/03 tjs
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IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed as of the date first set forth above.
CITY OF SAN BERNARDINO
By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT:
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
By:
Title:
By:
Title:
9/25/03 CO-LEAD Agency9-25-03 tjs
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino' CA92418-0001
909.384.5002. Fax: 909.384.5158
www.cLsan-bernardino.ca.us
,.
October 9, 2003
General Manager
San Bernardino Valley Municipal Water District
P.O. Box 5906
San Bernardino, CA 92412-5906
At the Mayor and Common Council meeting of October 6, 2003, the City of San Bernardino
adopted Resolution 2003-272 - Resolution approving that certain Co-Lead Agency Agreement
by and between the City of San Bernardino and the San Bernardino Valley Municipal Water
District relating to the North Lake and South Lake Projects within the City of San Bernardino.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
. 1)( ~td/.( j ... {~
~ichelle Taylor ~
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
?.ti:;3 - c. 'I <-
Meeting Date (Date Adopted): I (Yb-cS Item # Z-z.- Resolution #
Vote: Ayes l-'J Nays G- Abstain.D-
Change to motion to amend original documents:
Reso. # On Attachments:./ Contract term:
Note on Resolution of Attachment stored separately: -=-
-
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: )0" -03
Date of Mayor's Signature: it:> .'is".o'3
Date of ClerklCDC Signature: I 0 . -\(-0:5
Date Memo/Letter Sent for Signature: \e .-'1-0:::S
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Absent -e-
NullNoid After:
By: -
Reso. Log Updated: ..-
Seal Impressed: .,,-/
See Attached: ~Date Returned: /0-1"" <::>3
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/'
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Yes ./ No By
Yes No ,/' B
-
Yes No ,/ By
-
Yes No ,/ By
Yes No ,/ By
EDA
Finance
MIS
Others:
m~OfV
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.l
Ready to File: _
Date:
Revised 01/12/01