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HomeMy WebLinkAbout29-Water Department " . CIT'f. OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bernard C. Kersey General Manager Water,Department Dept: Date: September 2, 1997 Synopsis of Previous Council action: Recommended motion: Subject: Resolution authorizing the Board of Water Commissioners to enter into a Contingency/Emergency Water Supply Sales Agreement with the City of Lorna Linda. r "~Y'R',!, V~ ('1. I t ".."",,, ,I. None SEP 0 3 1997 Adopt Resolution Phone: 384-5091 Contact person: Bernard C. Kersey N/A Supporting data attached: FUNDING REQUIREMENTS: Council Notes: Res 97- :J.5't 75-0262 Yes Ward: Amount: N/A Source: (Acct, No.) (Acct. DescriPtion) Finance: lit /5,/91 Agenda Item No. J.. 9 CITY' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . . STAFF REPORT A large area of groundwater within the southwestern portion of the Bunker Hill groundwater basin beneath the City of Loma Linda (Loma Linda) has become contaminated with volatile organic contaminants TCE/PCE, the pesticide DBCP, nitrates, and most recently the discovery of the industrial chemical perchlorate. In 1992, the city of San Bernardino Municipal Water Department (Department) entered into a now expired 4-year agreement to provide Loma Linda emergency water through two metered interties to offset Loma Linda's loss of two domestic water wells at that time to the contaminants DBCP and nitrates. The levels of DBCP and nitrates have declined somewhat since 1992; however, tests recently conducted by the State Department of Health Services discovered levels of the industrial chemical perchlorate in excess of the current Health Department action level of 18 parts per billion in one of Loma Linda's domestic water wells. Several agriculture wells located immediately adjacent to andupgradient of Loma Linda's major well field have also tested above the Health Department action level for perchlorate, and it is expected that in the near future Loma Linda will be required to curtail usage of several additional wells. The Santa Ana Regional Water Quality Control Board and the State Department of Health Services have required Lockheed Martin (the potentially responsible party for the contaminant perchlorate and TCE/PCE) to develop a contingency/emergency water supply for Loma Linda. At Lockheed Martin's expense, Camp Dresser & McKee Inc. (CDM) have, with the approval and assistance of the Department, conducted a hydraulic analysis of San Bernardino's lower (southern) water supply and transmission grid to determine what at rate of flow the Department could supply (sell) water to Loma Linda without jeopardizing the level of service to City of San Bernardino water consumers. The CDM analysis determined that under current peak summer water demand, the safe maximum flow rate that the Department can provide to Loma Linda is 1,400 through 2,400 gallons per minute depending upon time of day. The CDM analysis further identified what capital improvements (water transmission mains) Lockheed Martin/Loma Linda would have to add to the Department's water system to accommodate increased rates of flow (sales). The Board of Water Commissioners of the San Bernardino Municipal Water Department have demonstrated their willingness to cooperate with and assist Loma Linda by passage of Resolution No. 528 (see attached) requesting that the Mayor and Common Council of the City of San Bernardino authorize the Board of Water Commissioners to enter into a Contingency/Emergency Water Supply Sales Agreement with Loma Linda as set forth in Exhibit "1" 75-0264 . CITY -OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . . STAFF REPORT Page -2- RECOMMENDATION: It is recommended that the Mayor and Common Council adopt a Resolution authorizing the Board of Water Commissioners to sell water outside of the incorporated boundaries of the city of San Bernardino by entering into a Contingency/Emergency Water Supply Sales Agreement with the City of Loma Linda. \. 75-0264 . 1 RESOLUTION NO. 528 2 A RESOLUTION OF THE BOARD OF WATER COMMISSIONERS OF THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT REQUESTING TH~ MAYOR AND COMMON 3 COUNCIL OF THE CITY OF SAN BERNARDINO TO ADOPT A RESOLUTION TO AUTHORIZE THE EXECUTION OF A CONTINGENCY/EMERGENCY WATER SUPPLY SALES 4 AGREEMENT BETWEEN THE SAN BERNARDINO MUNICI~L WATER DEPARTMENT AND THE CITY OF LOMA LINDA 5 6 the San Bernardino Municipal Water Department WHEREAS, 7 (Department) recognizes that it is in the best interest of 'the city 8 of San Bernardino, the Department, and the City of Loma Linda (Lorna 9 Linda) to enter into a contingency/Emergency Water supply Sales 10 Agreement (Agreement) for the purpose of providing domestic water to 11 Loma Linda to enable them to offset loss of water supply due to 12 groundwater contamination; and 13 WHEREAS, the Department recognizes that all water sales by the 14 Department to customers not located within the incorporated boundaries . 15 of the city of San Bernardino require approval of the Mayor and Common 16 Council of the city of San Bernardino; and . 17 WHEREAS, the Department has, throughout the years, maintained 18 emergency water interties with Lorna Linda and other surrounding public 19 and private agencies; and 20 WHEREAS, Lorna Linda shall, through this Agreement, purchase water 21 at a cost, flow rate, location(s), and duration of time approved by 22 the Department; and 23 WHEREAS, Loma Linda is actively pursuing permanent replacement 24 sources of water supply and/or methods of restoring their water 25 supply. 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF WATER COMMIS- 27 SIONERS, CITY OF SAN BERNARDINO, AS FOLLOWS: 28 SECTION ONE: That the Mayor and Common Council of the city of 1 San Bernardino adopt a resolution authorizing the Board of Water . 2 Commissioners of the San Bernardino Municipal Water Department to 3 enter into said Agreement as set forth in Exhibit' "1" attached. 4 SECTION TWO: That the president and sdcretary of the Board of 5 Water Commissioners of the city of San Bernardino Municipal Water 6 Department be authorized to execute said Agreement. 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted 8 by the Board of Water commissioners of the City of San Bernardino at 9 a regular meeting thereof held on the 2nd day of September , 1997, 10 by the following vote to-wit: 11 AYES: Commissioners: Willis, Urata, Redeker & Cocke 12 NAYES: None 13 ABSENT: Commissioner Garrett 14 . 15 17 ~~~~iJ64~~~ - MarJo ie A. Hoverland, Deputy City Deputy city Clerk & Ex-Officio Secretary 16 18 (SEAL) 19 20 21 22 23 24 25 26 27 . 28 2 . 1 CONTINGENCY/EMERGENCY WATER SUPPLY SALES AGREEMENT BETWEEN THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND CITY OP LOMA LINDA 2 3 4 This CONTINGENCY/EMERGENCY WATER SUPPLY SALES AGREEMENT, 5 hereinafter referred to as "Agreement", by and between the SAN 6 BERNARDINO MUNICIPAL WATER DEPARTMENT, hereinafter referred to as 7 "Department", and the city of Loma Linda, hereinafter referred to as 8 "Loma Linda", is dated the day of , 1997. 9 RECITALS 10 Loma Linda has experienced groundwater contamination 1. 11 problems which has caused the loss of use of one or more existing 12 domestic water welles). 13 Loma Linda is willing to purchase water from the Department. Loma Linda is actively pursuing replacement sources of water 2. 14 3. . 15 supply and/or methods of restoring their water supply. . The Department has sufficient well capacity to deliver and 16 4. 17 sell water to Loma Linda on a temporary basis for a period of time not 18 to exceed four (4) years, commencing on , 1997. 19 Loma Linda, in accordance with the terms of this Agreement 5. 20 acknowledges that, by the terms of this Agreement, it has no claim, 21 vested right, property right, or water right as a result of the 22 delivery (sale) of water from the Department. 23 NOW, THEREFORE, the parties agree that the Department will sell 24 and deliver water and Loma Linda will purchase and accept said water 25 on the following terms and conditions: 26 DELIVERY OF WATER AND RATE OF FLOW: Loma Linda can receive 1. 27 Agreement water from the Department at two (2) metered locations (one 28 (1) 12" service located at Richardson Avenue and Cooley Avenue and 1 EXHIBIT "1" . lone (1) 8" service located at Redlands Boulevard and Anderson Avenue) ~ 2 at a combined flow rate of 1,400 gallons per minute (gpm) during time 3 of use (TOU) reduced energy rate hours (11:30 a.m. - 6:00 p.m.) and 4 2,400 gpm during non-TOU energy rate hours. 5 2. CONNECTION COSTS: All water meter(s) and pipeline 6 connections shall be complete with approved metering and backflow 7 prevention devices. All connection costs shall be borne by Loma 8 Linda. 9 3. TERM OF AGREEMENT: This Agreement shall continue in force 10 for a period of four (4) years beginning on , 1997 and 11 shall terminate on , 2001, subject to the provisions herein 12 for cancellation or modification. 13 4. MONTHLY BILLING: The billing period shall be monthly. The 14 water meter(s) at the point(s) of delivery shall be read by the ~ 15 Department on the first working day of each month. All water meter(s) 16 shall be accessible to either party at all times. The unit volume of 17 water for billing purposes will be hundreds of cubic feet (H.C.F.). 18 5. MONTHLY CHARGE: Loma Linda shall pay for Agreement water i9 service on a monthly basis at the Department's domestic water rate in 20 effect at the time and date of billing based upon size of service and 21 water delivered. 22 6. CONTRACTUAL INTEREST: Loma Linda shall not acquire or claim 23 any right, title or interest in water supplied under this 24 Contingency/Emergency Water supply Sales Agreement, other than the 25 right to purchase, as provided in this Agreement, and recognizes that 26 such interest is terminable as provided herein. 27 7. INDEMNIFICATION: The Department, its officers, agents or ~ 28 employees shall not be liable for the control, carriage, handling, 2 1 use, disposal or distribution of Agreement water delivered pursuant . 2 to this Agreement after such water has passed the water meter(s) 3 installed by the Department for measuring and delivery by the 4 Department to Loma Linda; nor for claim of damage of any nature 5 whatsoever, including but not limited to property damage, personal 6 injury or death arising out of or connected with such control, 7 carriage, handling, use, disposal or distribution of Agreement water 8 pursuant to this Agreement after such water has passed such point; and 9 Loma Linda shall indemnify and hold harmless the Department, its 10 directors, officers, agents and employees for any such damages or 11 claims of damages. 12 8. CONDITIONS OF SERVICE: 13 (a) Reoortina: Lema Linda shall make a diligent effort to 14 obtain and/or develop an adequate replacement source of domestic water . 15 that meets the state of California, Department of Health Services 16 Drinking Water Standards, and shall submit a written progress report 17 to the Department on a semi-annual basis describing what they have 18 accomplished in obtaining said water supply. 19 (b) No Guarantee of Supply or Water Pressure: The 20 Department shall not guarantee against interruption or disruption of 21 water supply, nor shall the Department guarantee a specific water 22 pressure. 23 9. MODIFICATION OR AMENDMENT: This Agreement may only be 24 modified or amended by mutual written agreement.. . 25 10. CANCELLATION: This Agreement may be cancelled at any I 26 time by written notice of cancellation given by either party to the I 27 other at least thirty (30) days in advance of the effective date and I 28 specifying the effective date, except for nonpayment. Cancellation I I 3 1 of this Agreement and termination of service for nonpayment shall be ~ 2 in accordance with requirements of state law. Notice of cancellation 3 once given may not be withdrawn without the consent of the other 4 party. , 5 11. WATER OUALITY: Water delivered by the Department at the 6 water meter(s) installed for measuring such delivery to Loma Linda 7 shall be of a quality complying with all applicable state Department 8 of Health Standards for domestic use. SAN BERNARDINO MUNICIPAL WATER 10 DEPARTMENT 9 CITY OF LOMA LINDA 11 BY: 12 Harold W. Willis President BY: President 13 14 ~ BY: 15 Marjorie A. Hoverland Secretary BY: 16 17 18 19 20 21 22 23 24 25 26 27 . 28 4 - ..