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HomeMy WebLinkAbout10-City Manager CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Manager Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING TO THE DESIGNATION OF THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY AS THE NON-FEDERAL SPONSOR FOR THE STUDY PROJECT TO BE UNDERTAKEN BY THE U.S. ARMY CORPS OF ENGINEERS Dept: City Manager's Office Date: August9,2006 Meeting Date: September 5, 2006 Synopsis of Previous Council Action: Recommended motion: Adopt resolution Contact person: Fred Wilson, John Hoegar Supporting data attached: staff report Phone: 384-5122 Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. 10 QJS/DlI STAFF REPORT Subiect: Resolution of the Mayor and Common Council consenting to the designation of the San Bernardino Regional Water Resources Authority as the non-federal sponsor for the study project to be undertaken by the U.S. Army Corps of Engineers Backl!:round: Since the date of the City's participation in the formation of the joint powers authority known as the San Bernardino Regional Water Resources Authority ("Water JPA"), the Water JPA has been engaged in a series of studies that eventually lead to the adoption of an EIR by both the City of San Bernardino and the San Bernardino Valley Municipal Water District ("SBVMWD"). In addition to the City and the SBVMWD as members of the Water IPA, the IVDA was also selected to be a member of the Water IP A due in large part to the fact that significant areas of the IVDA redevelopment project area were within the sites of several lakes and streams projects as proposed by the SBVMWD at the time of the formation of the Water IP A in 1998. The Water IP A completed a planning effort in late 2005 that lead to the adoption of an EIR by both the City and the SBVMWD as co-lead agencies for CEQA purposes. The SBVMWD is now pursuing the federal NEP A compliance for the North Lake Project for the area generally bounded by Ninth Street on the south, Baseline Avenue on the north, "E" Street on the east and "H" Street on the west. The U.S. Army Corps of Engineers has presently expressed an interest in analyzing the water related activities of the Water IP A to determine whether there is the potential for further federal funding of a more extensive water project through the Corps of Engineers. The Corps of Engineers expects to receive a $1,000,000 appropriation of funds in the currently proposed federal budget to further this study effort. Such appropriation will require a local match of another $1,000,000 in a combination of cash that will be obtained from additional loans and in- kind services to be provided by the SBVMWD. The attached Resolution does not commit the City to any further funding of the activities of the Water IPA in addition to that which is presently provided in the current loan agreements among the City, the SBVMWD and the Water IPA. This Resolution merely designates the Water JPA as the non-federal sponsor for coordination and interface with the Corps of Engineers in their anticipated study efforts. On August 8, 2006, the Water IP A authorized the transmittal of a letter to the Corps of Engineers designating the Water IPA as the non-federal sponsor for the Corps of Engineers study project and requesting that the City, the IVDA and the SBVMWD adopt resolutions in the form as presented to the Council in this agenda item. The IVDA adopted its similar resolution on August 9,2006, and the governing board of the SBVMWD will also consider a similar resolution. Financial Impact: None by this action Recommendation: Adopt resolution 4835-7743-6673.1 I 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO, CALIFORNIA, CONSENTING TO THE DESIGNATION OF THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY AS THE NON- 4 FEDERAL SPONSOR FOR THE STUDY PROJECT TO BE UNDERTAKEN BY THE U.S. ARMY CORPS OF ENGINEERS 5 6 WHEREAS, the Inland Valley Development Agency ("IVDA") together with the City of San Bernardino (the "City") and the San Bernardino Valley Municipal Water District 7 ("SBVMWD") formed the San Bernardino Regional Water Resources Authority (the "Water 8 IP A") in 1998 for the purpose of studying the high ground water problems present within the 9 City and to undertake joint water related projects in furtherance of the interests of all parties 10 within the jurisdictional boundaries of the Water IP A; and 11 12 13 WHEREAS, the City became a member of the Water IPA and has two (2) seats on the governing board thereof due to the fact that a large portion of the anticipated projects as 14 identified by the Water IP A include a substantial area within the municipal boundaries of the 15 City; and 16 17 18 WHEREAS, the City seeks to undertake activities through the Water IPA that are in the best interests of the community and to assure that any project being undertaken by the Water JPA 19 within the City would not be detrimental to the fmancial interests of the City and the continued 20 provision of various municipal services and utilities through the public street system presently in 21 existence; and 22 23 24 WHEREAS, the Water JPA has obtained an expression of interest from the U.S. Army Corps of Engineers (the "Corps") whereby the Corps will obtain certain federal funds to initiate 25 the feasibility study to determine whether the Corps should proceed further with all or any 26 portion of the water projects previously identified by the Water IPA; and 27 28 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONSENTING TO THE DESIGNATION OF THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY AS THE NON- FEDERAL SPONSOR FOR THE STUDY PROJECT TO BE UNDERTAKEN BY THE U.S. ARMY CORPS OF ENGINEERS 1 2 WHEREAS, the use of the anticipated federal funds by the Corps for purposes of the 3 proposed study requires that the City, SBVMWD and the IVDA designate a local sponsor such 4 as the Water IPA to become the non-federal sponsor for all purposes in the coordination with the 5 Corps relative to the study to be undertaken by the Corps and to require that the Water IP A 6 commit to provide the local matching funds either in cash or through in-kind services; and 7 8 WHEREAS, it is appropriate for the City to take the actions as requested by the Corps 9 and the Water IP A as further set forth in this Resolution. 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 12 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 13 14 Section 1. The City as a constituent member of the Water IP A hereby consents to the 15 Corps commencing the feasibility study of the various water plans as previously initiated and 16 approved by the Water IPA in furtherance of the purposes and goals of the Water IPA. 17 18 Section 2. The City hereby consents to the designation of the Water IPA as the non- 19 federal sponsor for all purposes of coordination with the Corps and acknowledges that the Water 20 JP A, and not the City nor any other member jurisdiction of the Water IP A, shall be financially 21 responsible to comply with all local matching funds requirements in furtherance of the use of the 22 federal funds by the Corps for the undertaking of the studies and reports presently contemplated 23 by the Corps to determine whether one or more of the prior water features, water projects and 24 water programs of the Water IP A should become a program of the Corps to be funded thereafter 25 by the Corps. 26 27 28 4823-6941-1585.1 2 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONSENTING TO THE DESIGNATION OF THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY AS THE NON- FEDERAL SPONSOR FOR THE STUDY PROJECT TO BE UNDERTAKEN BY THE U.S. ARMY CORPS OF ENGINEERS 1 2 Section 3. This Resolution shall take effect upon its adoption and a certified copy of this 3 Resolution shall be dispatched to the Water IPA and to the Corps to evidence the actions of the 4 City as herein taken as of this date. 5 III 6 III 7 III 8 III 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4823.6941-1585.1 3 . SOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONSENTING TO THE DESIGNATION OF THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY AS THE NON- FEDERAL SPONSOR FOR THE STUDY PROJECT TO BE UNDERTAKEN BY THE U.S. ARMY CORPS OF ENGINEERS 1 , I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 2 and Coinmon Council of the City of San Bernardi,no at a meeting thereof, held 3 on the 4 day of , 2006, by the following vote to wit: 5 Council Members: Aves Navs Abstain Absent 6 ESTRADA Rachel G. Clark, City Clerk day of ,2006. Patrick J. Morris, Mayor City of San Bernardino