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HomeMy WebLinkAbout35-Water Department 4:. 'CITY OF SAN BERt::\RDINO - REQUEST q>R COUNCIL ACTION From: Bernard C. Kersey, General Manager Subject: TERMS AND CONDITIONS FOR THE PROPOSED MERGER OF SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY OF SAN BERNARDINO (LAFCO 2265) Dept: Water Department Date: April 23, 1991 Synopsis of Previous Council action: None Recommended motion: Adopt Resolution Contact person: Bernard C. Kersey Phone: 384-5091 Supporting data attached: Yes Ward: 1st FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.! (Acct. Descriotion) Finance: Council Notes: 75.0262 Agenda Item No. .~ . CITY OF SAN BEIOADINO - REQUESTOoR COUNCIL ACTION . STAFF REPORT The Board of Directors of South San Bernardino Water District initiated proceedings to merge the South San Bernardino Water District with the City of San Bernardino. The terms and conditions of the proposed merger are that the City of San Bernardino assume all of the District's equipment, contracts, assets and liabilities, and all of their existing employees. The District has a general tax levy and debt service tax levy for the tax rate area codes within the District's boundaries. The debt service tax levy is for $150,000.00. General Obligation Bonds authorized and approved by the voters of the District on March 4, 1958, and issued March 1, 1988. The bonds mature on March 1, 2013. The San Bernardino Municipal Water Department has provided supplemental water to the District since 1982. Initially, the delivery of water was to assist in lowering the water table within the Bunker Hill Pressure Zone. Currently, Water Department deliveries of water to the District account for approximately ninety (90) percent of the source of supply, since they have had to shut their wells down due to contaminants. To provide service to the District's service area, the Water Department will have to install additional interties between the two systems and most probably pressure reducing stations to lower our water pressure which is in excess of 100 psi. The funds to pay for the interties should be taken from the District's capital reserve funds designated for system improvements. The Board of Water Commissioners has reviewed the District's terms and conditions for the merger and has agreed to all of the conditions, including retention of all of the District's current employees. There -are currently four (4) District employees. The Board agrees to recognize seniority, vacation and sick leave accrual, and current rates of pay (as close as practical). All of the District's employees would be eligible for and receive all benefits currently provided to Water Department employees. Resolution No. 424 of the Board of Water Commissioners was approved on April 23, 1991, which sets forth the acceptable terms and conditions of the proposed merger, and recommends that the Mayor and Common Council adopt a similar resolution. I 75.0264 o o 1 2 3 4 A RESOLUTION OF THE BOARD OF WATER COMMISSIONERS, CITY OF SAN BERNARDINO, SETTING FORTH TERMS AND CONDITIONS FOR THE MERGER or 5 THE SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY or SAN BERNARDINO. 6 7 8 9 10 11 12 13 U 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RBSOLU'l'IOIl 10. 424 SECTION ONE: The Board of Water Commissioners, City of San Bernardino, hereby finds and determines: a) That the Board of Directors of the South San Bernardino Water District has filed Resolution No. 91-1 to initiate proceedings pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et. seq.) for the merger of the South San Bernardino Water District with the City of San Bernardino; and b) Notice of the intent to adopt south San Bernardino Water District Resolution No. 91-1 has been given to each interested and affected agency; and c) That the public convenience and necessity require that the proposed merger take place; and d) That over ninety percent of South San Bernardino Water District is within the corporate limits of the City of San Bernardino; and e) That it is desired that the proposed merger be subject to the following terms and conditions in addition to those normally associated with the Local Agency Formation Commission review: (1) That the City of San Bernardino shall be the , successor agency, under the control, management, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o f) and jurisdiction of the Board of Water Commissioners, to all rights, responsibilities, properties, equipment, contracts, assets and liabilities, and functions of the South San Bernardino Water District; (2) All full-time employees of the South San Bernardino Water District shall be retained, through the Board of Water Commissioners, with their current seniority and accrued sick leave and vacation; every effort shall be made to retain said employees at, or as close to, their current rates of pay as possible; all other employee rights and benefits shall be those available to employees of the San Bernardino Municipal Water Department; and (3) Property tax revenues attributable to the South San Bernardino Water District shall be transferred to the City of San Bernardino and credited to the Water Fund. (4) All delinquent taxes and any and all other collections or assets of the South San Bernardino Water District shall accrue and be transferred to the City of San Bernardino and credited to the Water Fund. That the reason for this proposed merger is to provide reliable water supply for the inhabitants of the South San Bernardino Water District. The territory proposed to be merged is inhabited and a g) -2- - o o description of the boundaries of the territory are set forth in Exhibit "A" attached hereto and by this 1 2 3 4 5 6 7 COMMISSIONERS, CITY OF SAN BERNARDINO, hereby adopts and approves, 8 and further recommends that the Hayor and Common Council adopt a 9 similar resolution approving the terms and conditions of the 10 proposed merger of South San Bernardino Water District with the 11 City of San Bernardino. 12 13 14 15 16 17 18 19 20 21 22 23 (SEAL) 24 25 26 27 28 reference incorporated herein; and h) The proposed merger is consistent with the sphere of influence assigned for all affected agencies. THEREFORE BE IT RESOLVED THAT THE BOARD OF WATER I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Water Commissioners of the City of San Bernardino at a regular adjourned meeting thereof held on the 23rd day of April, 1991 by the following vote to wit: AYES: Commissioners Willis. Urata and Garcia Chandler. NAYS: None ABSENT: Commissioner Bivens ERNARD C. puty City Clerk & x-Officio Secretary -3- " . ~\ -J"' . ~ . ,\ I ..r . ._ .~ ~ EXHIBIT "A" - I, ~ /~// I ~'@ -' " ,1 ; ,'. " ".-\ . J , . ... I " o It I l~ . o o ":;"115' RESOLUTION NO.91-1 A RESOLUTION OF APPLICATION BY THE SOUTH SAN BERNARDINO WATER DISTRICT BOARD OF DIRECTORS REQUESTING THE WCAL AGENCY FORMATION COMMISSION TAKE PROCEEDINGS FOR THE MERGER OF THE SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY OF SAN BERNARDINO. SECTION 1. The Board of Directors of the South San Bernardino Water District hereby finds and determines: (a) That this Board desires to initiate proceedings pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et. seq.) for the merger of the South San Bernardino Water District with the City of San Bernardino; and, (b) Notice of the intent to adopt this resolution of application has been given to each interested and affected agency: and, (c) That the public convenience and necessity require that the proposed merger take place: and, (d) That it is desired that the proposed merger be subject to the following terms and conditions in addition to those normally associated with Local Agency Formation Commission review: (1) That the City of San Bernardino shall be the successor agency to all rights, responsibilities, properties, equipment, contracts, assets and liabilities, and functions of the South San Bernardino Water District; .. . (2) All full-time employees of the South San Bernardino Water District shall be retained by the City of San Bernardino at their current rates of pay: accrued sick leave; vacation and sick leave accrual rates; retirellent programs and benefits; seniority rights; medical and dental benefits; and all other salaries, benefits, and employee rights now provided; and, (3) Property tax revenues attributable to the South San Bernardino Water District shall be transferred to the successor agency; (4) All delinquent taxes and any and all other collections or assets of the South San Bernardino Water . , . 11 o o District shall accrue and be transferred to the successor agency. (e) That the reason for this proposed merger is to provide reliable source of water for the inhabitants of the District. (f) The territory proposed to be merged is inhabited and a description of the boundaries of the territory is set forth in Exhibit "A" attached hereto and by this reference incorporated herein; and, (g) This proposal is consistent with the sphere of influence assigned for all affected agencies. SECTION 2. That the Board of Directors of the South San Bernardino Water District, therefore, hereby resolves and orders: (a) That this Resolution of Application is hereby adopted and approved by this Board; and, (b) That the Local Agency Formation Commission of San Bernardino County is hereby requested to take proceedings for the above-referenced proposed merger, as described in Exhibit "A" attached hereto, and according to the terms and conditions stated above and in the manner provided by the Cortese-Knox Local Government Reorganization Act of 1985. PASSED AND ADOPTED "by the Board of Directors of the South San Bernardino Water District, State of California, at a reqularmeeting thereof held on the 19th day of March, 1991, by the following vote: AYES: Directors A. Webb, S. Webb, A. Swanson. NOES: Directors C. Minesinger, E. Merryman. ABSENT: None. ABSTENTIONS: None. ~ IA)4 Adam Webb President of the Board ATTEST: ~7P.~ Antonio R. Sedano Secretary to the Board , ~.. - - o o I hereby certify that the foregoing Resolution was passed and adopted by the Board of Directors of the South San Bernardino Water District on this 19th of March, 1991. Witness my hand and the Seal of said District. (Seal) ~ ~ Sj...L_- Antonio R. Sedano Secretary to the Board o .L ~~. o LOCAL AGENCY FORMATION COMMISSION RICIIVED 175 West Fifth Street, Second Roor MAR 2 9 1991 SlIn BernardIno, CA 92415.0490 . (714) 387-5868 . FAX (714)387-5871 COIIIIISSIONDS ELMER J. DlONEO City Member ROBERT L. HAMMOCK Board of Supervllors WILLIAM KRAGNEss, Chair City ....mber HUMBERlO (BERT) LUGO SpecialOtltric:tl JON MIKELS, Vice Chair Board of SuperviSOrs OlIVER P. ROEMER SpKiaI Dislrictl ERNA l. SCHUllINQ ......_, ALTERNATES DONNA KELSEY _;00_ HEIDI K. LARKIN City Member NICHOt.AS E. PAESECAN Publlc~ LAFlRV WALKER Board of Supel'Visors STAFf' JAMES M. AOODV ........ ~ DESOfIAH A. CUBlERlEY LAFCO_ KATHLEEN AOluNGS-McDONALD CIeftt to ..... CorMliuion CECtLlA LOPEZ-HENDERSON -- LEGAL COUNSEL CLNU< H. ALSOP E.IlJbUshed by the SIDle 0( Ca/ifomitJ to seroe the Citizens, Cities, Speci4l Districts and the County 0( San Bernardino NOTICE OF FILING OF PROPOSED CHANGE OF JURISDICTIONAL BOUNDARIES Pursuant to the provisions outlined in Section 99 of the Revenue and Taxation Code and in Section 56828 of the Government Code. the following notice is provided: LAFCO Application Number and Title: LAFCO 2665 Merger of the South San Bernardino County Water District with the City of San Bernardino (generally located in the southern portion of the sphere of influence for the City of San Bernardino) Affected and Interested Local Agencies are: *South San Bernardino County Water District *City of San Bernardino ~ty of San Bernardino Water Department **County of San Bernardino **County Service Area 38 and its Improvement Zones **County Service Area 70 and its Improvement Zones **City of Loma Linda **San Bernardino Valley Municipal Water District The boundaries of the proposed change are as listed in the attached Exhibit A. JAMES M. RODDY Executive Officer DATED: 3127/91 ~u Distribution: County Administrative Office County Assessor County Auditor/Controller *Affected Local Agencies **Interested Local Agencies Rev. 1188 . , - - - - . o o EXHIBIT "A" Justification for Proposal and Preliminary Environmental Description Form 2665 For LAFCO Use On 1 y TO: Local Agency Formation Commission 175 West Fifth Street, Second Floor San Bernardino, CA 92415-0490 (714) 387-5B66 INTROOUCTION: The questions In this form are designed to obtain enough data about the proposed project site to allow the Commission and staff to adequately assess the project. By taklna the time to fully respond to the Questions below. you can reduce the processlna tfall! for your project. You lilY also Include any addltlon,l Information which you believe Is pertinent. Use additional sheets where neces. sary, or attach any relevant documents. GENERAL INFORMATION I. NAME OF PROPOSAL: Merger of the South San Bernardino Water District with the City of San Bernardino 2. APPLICANT: South San Bernardino Water District 3. GENERAL LOCATION: the southern Dortion of the sDhere of influence for the City of San Bernardino 4. Does the application possess 100S written consent of each property owner In the subject territory? YES ____ NO ~ (If YES, attach written authorizations.) 5. Indicate the reasons that the proposed action has been requested. financial constraints/ contaminated wells 6. Would the proposal create a totally or substantially surrounded Island of unincorporated terri- tory? YES ____ NO ~ If YES, please justify the proposed boundary and attach that justifica- tion to this application. I. Total land area: LAND USE A/lD DEVELOPMENT POTENTIAL 433 ac res 2. 811 Dwelling units In area: 3. 2.433 Approximate population in area: 4. Indicate the General Plan designation of the affected city (If any) and uses permlted by this deslgnaUon! s): Land use designations will not change. as a result of tIt,,, proposal. The study area is fUlly within the corDorate boundaries ,for the City of San Bernardino. A- - III. - o o -2- Sin Bernardino County General Plan designation and uses permitted by this designation(s): N/A 5. Describe any special land use concerns expressed In the above plans. N/A 6. Indicate the existing land use. residential. co~rcial and vacant What is the proposed land use? residential, commercial, industrial and vacant 7. Has the area been prezoned? YES _ NO _ N/A ~. Is the area In the process of prezon- Ing? YES _ NO.M N/A _' If YES to either question. what Is the prezonlng classifi- cation. title. densities permitted. 8. Will the proposal require public services from any agency or district which Is currently operating at or near capacity (Including sewer. water. pollee. fire. or SChools)? YES _ NO~ If YES. please explain. PLAN FOR SERVICES (Reorganizations and Annexations) Section 56653 of the el'lllll!nt Code requires the suballssion of a Plan for Services with every proposal Initiated by a resolution legislative body. The Conolsslon has adopted standards for the prepara- tion of these docunents. Please ached to this application a narrative description of the Plan for Services which Includes. at least. following Infonnatlon: 1. An enumeration and description of the servlc 2. A description of the level and range of those services. 3. An Indication of ~n those services can feasibly be extended to the 4. An Indication of any Improve.nt, or upgrading of Infrastructure or other condi the local agency would llIIpOse or require within the affected territory (for ex...le. the pa~n fees. the upgrading of structures. roads. water and sewer facilities. etc.). LIlill - JjL - o o -3- 5. An Indication of how the agency's services will be financed If the change Is approved. 6. An Indication of whether the affected area Is or will be proposed for Inclusion within an existing or proposed Improvement zone, redevelopment area, assessment district or community facilities district. The submitted Plan for Services must demonstrate that the range and level of service currently avail- able will, at least, be maintained following completion of the change. The Plan for Services needs to be signed, dated, and certified as to Its completeness and accuracy by an official representative of the affected city or district. A Plan for Services will be required for each affected agency contained within a reorganization proposal. ~: Sponsors of a proposal Initiated by petition may submit their proposal without a Plan for Services. In these cases, the LAFCO office will notify the affected city or district that they will be required to submit a Plan for Services. FACTORS OF CONSIDERATION FOR SPHERE OF INFLUENCE REVIEW ONLY a narrative description of the following: 1. 2. The present and probable need for public faclllt 3. The present capacity of public facilities and adequacy of pu ~es. The existence of any social or economic comunftles In the area. "'" 4. ENVIRONMENTAL INFORMATION 1. State general description of topography. fl at 2. Describe any existing Improvements In the site as S of total area. Residential 85 S Agrl cuI tural -o- S Comercia I 5 S Vacant 10 S Industrial -O- S Other -O- S 3. Describe the adjacent land uses. industrial, commercial, resi.dential, agriculture and vacant ~ . - -- o o -4- 4. Describe site alterations that will be produced by Improvement projects associated with this proposed ettion (grading. flow channelization, etc.). none 5. Will service extensions accoopllshed by this proposal Induce growth on this site? YES NO 1QL. Adjacent sites? YES _ NO....lUS. Unincorporated _ Incorporated ll.l!- 6. Is this project a part of a larger project or series of projects? YES _ NO.lOL If YES. please explain. NOTI CES Please provide the names and addresses of persons who are to be furnished copies of the agenda and staff report and who are to be given mailed notice of hearing. NAME Tony Sedano TELEPHONE NO. (714) 884-2911 ADDRESS 882 S. Tippecanoe Avenue, San Bernardino, CA 92408 NAME Bernard Kersey TELEPHONE NO. (714) 384-5091 ADDRESS 300 North "0" Street, San Bernardino, CA 92401 NAME Wil11 am Brunick TELEPHONE NO. (714) 889-8301 ADDRESS 1839 Commercenter West. San Bernardino. CA 92412 CERTIFICATION I hereby certify that the statements furnished above and in the attached exhibits present the data and infonoation required for this initial evaluation to the best of MY ability, and that the facts. statements, and infol'llltlon presented herein are true and correct to the best of my knowledge and belief. DATE 3/13/91 t7A1~./Ai -12. S".ea.. -'- SIGNATURE OF APPLICANT PHONE (714) 884-2911 882 S. Tippecanoe Avenue ADDRESS San Bernardino. CA 9~408 ~ - .- Q o LAFCO 2665 SOUTH SAN BERNARDINO COUNTY WATER DISTRICT Those portions of Township 1 South, Range 4 West, San Bernardino Meridian, in the city of San Bernardino, County of San Bernardino, State of California, described as follows: PARCEL NO.1 Beginning at the center line intersection of Pioneer Street and Waterman Avenue, said point being on the existing boundary line of the South San Bernardino County Water District; Thence North along said district boundary line and continuing along said line, following all of its various courses to the POINT OF BEGINNING. PARCEL NO.2 Beginning at the intersection of the center line of Richardson Street with the North line of Interstate 10, said point being on the existing boundary line of the South San Bernardino County Water District; Thence Westerly along said district boundary line and continuing along said line, following all of its various courses to the POINT OF BEGINNING. . EXCEPTING therefrom that portion lying within Tract No. 2959, as per map recorded in Book 41 of Maps, Page 51, records of said County. Said parcels contain 362 acres, more OFFICE LARRY E. COTTON COUNTY SURVEYOR CO~DINO By . deputy L. S. o. ~~l ~ Date J'Y7hlt . I . March 26, 1991 iI ~ ! ~ ! j I ,~..;.~' - o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SETTING FORTH TERMS AND CONDITIONS FOR THE MERGER OF THE SOUTH SAN BERNARDINO WATER 3 DISTRICT WITH THE CITY OF SAN BERNARDINO. 4 WHEREAS, the Board of Directors of the South San Bernardino 5 Water District has filed Resolution No. 91-1 to initiate 6 proceedings pursuant to the Cortese-Knox Local Government 7 Reorganization Act of 1985 (Government Code Sections 56000 et. 8 seq.) for the merger of the South San Bernardino Water District 9 with the City of San Bernardino; and, 10 WHEREAS, notice of the intent to adopt South San Bernardino 11 Water District Resolution No. 91-1 has been given to each 12 interested and affected agency; and, 13 WHEREAS, the public convenience and necessity require that 14 the proposed merger take place; and, 15 WHEREAS, over ninety percent of the South San Bernardino 16 Water District is within the corporate limits of the City of 17 San Bernardino; and, 18 WHEREAS, this proposed merger is necessary to provide a 19 reliable water supply for the inhabitants of the South . 20 San Bernardino Water District; and, 21 WHEREAS, the territory proposed to be merged is inhabited 22 and a description of the boundaries of the territory are set 23 forth in Exhibit "A," attached hereto and incorporated herein; 24 and, 25 WHEREAS, the proposed merger is consistent with the sphere 26 of influence assigned for all affected agencies; and, 27 WHEREAS, the Board of Water Commissioners of the City of 28 DCR/dys/ssbwd.res April 26, 1991 1 ~""'~.. - J.. o o . 1 San Bernardino, at their April 23, 1991, meeting, adopted 2 Resolution 424, setting forth terms and conditions for said 3 merger; and, 4 WHEREAS, it is desired that the proposed merger be subject 5 to certain terms and conditions in addition to those normally 6 associated with the Local Agency Formation Commission review; 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 8 OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1: Recitals hereinabove are true and correct and 10 are incorporated herein by this reference. 11 SECTION 2: The Council hereby consents to the proposed 12 merger subject to the following terms and conditions in addition 13 to those normally associated with the Local Agency Formation 14 Commission review: 15 16 (A) That the City of San Bernardino shall be the successor agency, under the control, management, and 17 18 19 20 21 22 jurisdiction of the Board of Water Commissioner, to all rights, responsibilities, properties, equipment, contracts, assets and liabilities, and functions of the South San Bernardino Water District; (B) All full-time employees of the South San Bernardino Water District shall be retained, through the Board of 23 Water Commissioners, with their.current seniority and accrued sick leave and vacation; every effort shall be 24 25 26 27 28 made to retain said employees at, or as close to, their current rates of pay as possible; all other employee rights and benefits shall be those available DCR/dys/ssbwd.res April 26, 1991 2 o o 1 2 3 to employees of the San Bernardino Municipal water Department; 5 (C) Property tax revenues attributable to the South San Bernardino Water District sqall be transferred to the City of San Bernardino and credited to the Water 4 6 Fund; 7 (D) All delinquent taxes and any and all other collections 8 or assets of the South San Bernardino Water District 9 shall accrue and be transferred to the City of 10 San Bernardino and credited to the Water Fund. 11 I HEREBY CERTIFY that the foregoing resolution was duly 12 adopted by the Mayor and Common Council of the City of 13 San Bernardino at a meeting thereof, held on the 14 day of , 1991, by the following vote, to wit: 15 Council Members: AYES NAYS, ABSTAIN 16 ESTRADA 17 REILLY 18 FLORES 19 MAUDSLEY 20 MINOR 21 POPE-LUDLAM 22 MILLER 23 24 City Clerk 25 / / / / 26 / / / / 27 / / / / 28 ~ DCR/dys/ssbwd.res April 26, 1991 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 RESOLUTION. . . SETTING FORTH TERMS AND CONDITIONS FOR THE MERGER OF THE SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY OF 2 SAN BERNARDINO. 3 4 The foregoing resolution is hereby approved this day , 1991. of 5 6 7 W. R. Holcomb, Mayor City of San Bernardino ~ 8 Approved as to form and legal content: 9 JAMES F. PENMAN, City Attorney /1 i I By: I ~/ DCR/dys/ssbwd.res April 26, 1991 4 ~ i i i I t7J >>J J - 1 I I .' --I '. 1\ . . ~\ -or . -- \g . ~ I It . 0 EXHIBIT "A"- ~\ ~ . J I~ ,.;.:;,.".~.-_...--..--.~ 'CITY OF SAN BERORDINO - REQUEST C)R COUNCIL ACTION From: Bernard C. Kersey. General Manager Subject: TERMS AND CONDITIONS FOR THE PROPOSED MERGER OF SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY OF SAN BERNARDINO (LAFCO 2265) Dept: Water Department Data: Apri 1 23, 1991 Synopsis of Previous Council action: None Recommended motion: Adopt Resolution Contact person: Bernard C. Kersey Phone: 384-5091 Supporting data attached: Yes Ward: 1st FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: I 75.0262 Agenda Item No . CITY OF SAN BERCARDINO - REQUEST (:bR COUNCIL ACTION STAFF REPORT The Board of Directors of South San Bernardino Water District initiated proceedings to merge the South San Bernardino Water District with the City of San Bernardino. The terms and conditions of the proposed merger are that the City of San Bernardino assume all of the District's equipment, contracts, assets and liabilities, and all of their eXisting employees. The District has a general tax levy and debt service tax levy for the tax rate area codes within the District's boundaries. The debt service tax levy is for $150,000.00. General Obligation Bonds authorized and approved by the voters of the District on March 4, 1958, and issued March 1, 1988. The bonds mature on March 1, 2013. The San Bernardino Municipal Water Department has provided supplemental water to the District since 1982. Initially, the delivery of water was to assist in lowering the water table within the Bunker Hill Pressure Zone. Currently, Water Department deliveries of water to the District account for approximately ninety (90) percent of the source of supply, since they have had to shut their wells down due to contaminants. To provide service to the District's service area, the Water Department will have to install additional interties between the two systems and most probably pressure reducing stations to lower our water pressure which is in excess of 100 psi. The funds to pay for the interties should be taken from the District's capital reserve funds designated for system improvements. The Board of Water Commissioners has reviewed the District's terms and conditions for the merger and has agreed to all of the conditions, inclUding retention of all of the District's current employees. There are currently four (4) District employees. The Board agrees to-recognize seniority, vacation and sick leave accrual, and current rates of pay (as close as practical). All of the District I s employees would be eligible for and receive all benefits currently provided to Water Department employees. Resolution No. 424 of the Board of Water Commissioners was approved on April 23, 1991, which sets forth the acceptable terms and conditions of the proposed merger, and recommends that the Mayor and Common Council adopt a similar resolution. 75.0264 '. o o 1 2 3 4 A RESOLUTION OF THE BOARD OF WATER COMMISSIONERS, CITY OF SAN BERNARDINO, SETTING FORTH TERMS AND CONDITIONS FOR THE MERGER OF 5 THE SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY OF SAN BERNARDINO. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RBSOLOTIOW WOo 424 SECTION ONE: The Board of Water Commissioners, City of San Bernardino, hereby finds and determines: a) That the Board of Directors of the South San Bernardino Water District has filed Resolution No. 91-1 to initiate proceedings pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et. seq.) for the merger of the South San Bernardino Water District with the City of San Bernardino; and b) Notice of the intent to adopt South San Bernardino Water District Resolution No. 91-1 has been given to each interested" and affected agency; and c) That the public convenience and necessity require that the proposed merger take place; and d) That over ninety percent of South San Bernardino Water District is within the corporate limits of the City of San Bernardino; and e) That it is desired that the proposed merger be subject to the following terms and conditions in addition to those normally associated with the Local Agency For",ation Commission review: (1) That the City of San Bernardino shaH be the successor agency, under the control, management, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .L. o o f) and jurisdiction of the Board of Water Commissioners, to all rights, responsibilities, properties, equipment, contracts, assets and liabilities, and functions. of the South San Bernardino Water District; (2) All full-time employees of the South San Bernardino Water District shall be retained, through the Board of Water Commissioners, with their current seniority and accrued sick leave and vacation; every effort shall be made to retain said employees at, or as close to, their current rates of pay as possible; all other employee rights and benefits shall be those available to employees of the San Bernardino Municipal Water Department; and (3) Property tax revenues attributable to the South San Bernardino Water District shall be transferred to the City of San Bernardino and credited to the Water Fund. (4) All delinquent taxes and any and all other collections or assets of the South San Bernardino Water District shall accrue and be transferred to the City of San Bernardino and credited to the Water Fund. That the reason for this proposed merger is to provide reliable water supply for the inhabitants of the South San Bernardino Water District. The territory proposed to be merged is inhabited and a g) -2- U! - o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 description of the boundaries of the territory are set forth in Exhibit "A" attached hereto and by this reference incorporated herein; and h) The proposed merger is consistent with the sphere of influence assigned for all affected agencies. THEREFORE BE IT RESOLVED THAT THE BOARD OF WATER COMMISSIONERS, CITY OF SAN BERNARDINO, hereby adopts and approves, and further recommends that the Hayor and Common Council adopt a similar resolution approving the terms and conditions of the proposed merger of South San Bernardino Water District with the City of San Bernardino. I HEREBY CERTIFY that the foregoing resolution was dUly adopted by the Board of Water Commissioners of the City of San Bernardino at a regular adjourned meeting thereof held on the 23rd day of April, 1991 by the fOllowing vote to wit: AYES: Commissioners Chandler. Willis. Urata and Garcia NAYS: ABSENT: None Commissioner Bivens eputy City Clerk & x-Officio Secretary (SEAL) " -3- 1- o .0 _I.. I .. I ~ ~ ~ ~ ~ f' j,c i ~ I, ' I i w c! I . en en '. v /(9 .' r,~ ~ .' .\ I I I .' - ~ --,' . : \ ,,~ .~ ,\ -.r . ~ .~ I . EXHIBIT "A" .-..:-: - \ . " J It tn ''"'\ I o o 0211i>S' RESOLUTION NO.91-1 A RESOLUTION OF APPLICATION BY THE SOUTH SAN BERNARDINO WATER DISTRICT BOARD OF DIRECTORS REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TAKE PROCEEDINGS FOR THE MERGER OF THE SOUTH SAN BERNARDINO WATER DISTRICT WITH THE CITY OF SAN BERNARDINO. SECTION 1. The Board of Directors of the South San Bernardino Water District hereby finds and determines: (a) That this Board desires to initiate proceedings pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Section 56000 et. seq.) for the merger of the South San Bernardino Water District with the City of San Bernardino: and, (b) Notice of the intent to adopt this resolution of application has been given to each interested and affected agency: and, (c) That the public convenience and necessity require that the proposed merger take place: and, (d) That it is desired that the proposed merger be subject to the following terms and conditions in addition to those normally associated with Local Agency Formation Commission review: 11) That the City of San Bernardino shall be the successor agency to all rights, responsibilities, properties, equipment, contracts, assets and liabilities, and functions of the South San Bernardino Wate~ District: (2) All full-time employees of the South San Bernardino Water District shall be retained by the City of San Bernardino at their current rates of pay: accrued sick leave; vacation and sick leave accrual rates; retir_ent programs and benefits; seniority rights; medical and dental benefits: and all other salaries, benefits, and employee rights 'now provided; and, (3) Property tax revenues attributable to the South San Bernardino Water District shall be transferred to the successor agency: (4) All delinquent taxes and any and all other collections or assets of the South San Bernardino Water _____.._______;c- . , o o District shall accrue and be transferred to the successor agency. ee) That the reason for this proposed merger is to provide reliable source of water for the inhabitants of the District. ef) The territory proposed to be merged is inhabited and a description of the boundaries of the territory is set forth in Exhibit "A" attached hereto and by this reference incorporated herein: and, eg) This proposal is consistent with the sphere of influence assigned for all affected agencies. SECTION 2. That the Board of Directors of the South San Bernardino Water District, therefore, hereby resolves and orders: ea) That this Resolution of Application is hereby adopted and approved by this Board: and, (b) That the Local Agency Formation Commission of San Bernardino County is hereby requested to take proceedings for the above-referenced proposed merger, as described in Exhibit "A" attached hereto, and according to the terms and conditions stated above and in the manner provided by the Cortese-Knox Local Government Reorganization Act of 1985. PASSED AND ADOPTED by the Board of Directors of the South San Bernardino Water District, State of California, at a regular meeting thereof held on the 19th day of March, 1991, by the following vote: AYES: Directors A. Webb, S. Webb, A. Swanson. NOES: Directors C. Minesinger, E. Merryman. ABSENT: None. ABSTENTIONS: None. ~ IA)D~ Adam Webb President of the Board ATTEST: ~7?~ Antonio R. Sedano Secretary to the Board ~.. . - o o I hereby certify that the foregoing Resolution was passed and adopted by the Board of Directors of the South San Bernardino Water District on this 19th of March, 1991. Witness my hand and the Seal of said District. (Seal) ~ ~ s~.L _. Antonio R. Sedano Secretary to the Board II 11 o 2~ o LOCAL AGENCY FORMATION COMMISSION RECEIVE" 175 West Fifth Street, Second Floor MAR 2 9 1991 &In Bern8rdlno, CA 92415-0410 . (714) 3I7-58H . FAX (714) 387.5m __ ELMER J. DlGNIQ City........ AOeIfIIT L. HAMMOCK ............- 'MUtAM KlUGHEss. Ch&ir c.._ HUMBERlC (BERT) lUGO Spec. OiMtiCta JON MtKElS, Va Chair .......- OlIVER P. ROEMER ....;01_ ERNA I. SCHUIt.ING "'...- ALTERNATeS DONNA KELSEV _0;,0..,. HEIDI K. LARKIN City Menat NICHOLAS E. PRESECAN .......- LARRY WALKER BoarcI aI Supel'viSOnl IT"'" JAMES M. AODO't E.ecutM Of&cer DEBORAH A. CUI8EALEV l.AFCO _ KATHLEEN AOlLJNGS.McDONA Clertl to the Comm:iIeiGA CECIUALOPEZ~ -- LEGAL COUNIIL CL.ARK H. ALSOP E.l4blished by the SI4~ ofCo/ifomitJ to serve the Citizens, CitUs, SfWCi41 Districta and the County of Son Be11llJ1'diM NOTICE OF FILING OF PROPOSED CHANGE OF JURISDICTIONAL BOUNDARIES Pursuant to the provisions outlined in Section 99 of the Revenue and Taxation Code and in Section 56828 of the Government Code, the following notice is provided: LAFCO Application Number and Title: LAFCO 2665 Merger of the South San Bernardino County Water District with the City of San Bernardino (generally located in the southern portion of the sphere of influence for the City of San Bernardino) Affected and Interested Local Agencies are: *South San Bernardino County Water District *City of San 8ernardino ~ty of San Bernardino Water Department **County of San Bernardino **County Service Area 38 and its Improvement Zones **County Service Area 70 and its Improvement Zones **City of Loma Linda **San Bernardino Valley Municipal Water District The boundaries of the proposed change are as listed in the attached Exhibit A. JAMES M. RODDY Executive Officer DATED: 3/27/91 ~ Distribution: County Administrative Office County Assessor County Auditor/Controller *Affected Local Agencies **Interested Local Agencies Rev. 1/88 . . J - . o o EXHIIIT "A" Justification fOr Proposal and Preliminary Environmental Description Form 2665 For LAFCO Use Only TO: Local Agency Formation Commission 175 West Fifth Street, Second Floor San Bernardino, CA 92415-0490 (714) 387-5866 INTRODUCTION: The questions In this form are designed to obtain enough data about the proposed project site to allow the Commission and staff to adequately assess the project. 8Y takina the time to fully respond to the auestions below. you can reduce the processina time for your project. You..y also include any additional information which you believe is pertinent. Use additional sheets where neces- sary, or attach any relevant documents. GENERAL INFORMATION 1. NAME OF PROPOSAL: Merger of the South San Bernardino Water District with the City of San Bernardino 2. APPLICANT: South San Bernardino Water District 3. GENERAL LOCATION: the southern Gortion of the sDhere of influence for the City of San Bernardino 4. Does the application possess 100S written consent of each property owner in the subject territory? YES ____ NO ~ (If YES, attach written authorizations.) 5. Indicate the reasons that the proposed action has been requested. financial constraints/ contaminated wells 6. Would the proposal create a totally or substantially surrounded island of unincorporated terri- tory? YES ____ NO 1l~ If YES. please justify the proposed boundary and attach that justifica- tion to this application. LAND USE AND DEVELOPMENT POTENTIAL 1. Total land area: 433 acres 2. 811 Dwelling units in area: 3. 2.433 Approximate population in area: 4. Indicate the General Plan designation of the affected city (if any) and uses pennited by this land use designations will not change as a result of tIllS designation( s): proposal. The study area is fullv within the corGorate boundaries ,for the City of San Bernardino. o o -2- Sin Bernardfno County Ganeral Plan designatfon and usas permitted by this designation(s): N/A 5. Describe any specill. hnd use concerns exprlSsed in the above phns. N/A 6. Indicate the existing land use. residential. ~o~rr.i~l and va~~nt What is the proposed hnd use? residential, conmercial, industrial and vacant 7. Has the area been prezoned? YES _ NO _ NIA ....!2l. Is the area in the process of prezon- ing? YES _ NO ~ NIA _' If YES to either question. what is the prezoning chssfff- cation, title. densities pennitted. 8. Will the proposal require public services fro. any agency or district which is currently operating at or near capacity (including sewer, water. police, fire, or SChools)? YES _ NO~ If YES. please exphin. PlAN FOR SERVICES (Reorganizations and Annexations) Section 56653 of the arllllllnt Code requires the sut.fssfon of a Phn for Services with every proposal fnitiated by a 'lSolution legislative body. The COIIIIlssion has adopted standards for the prepara- tion of these doc...nts. Please ached to thfs applfcation a narratfve descrfption of the Plan for Services which includes, at least, following info_tion: 1. An enumeratfon and descrfptfon of the servfce be extended to the affected terrftory. 2. A descrfption of the level and range of those servfces. 3. An fndfcatfon of when those servfces can feasfbly be extended to the 4. An fndfcatfon of any fmprovement. or upgradfng of fnfrastructure or other condf the local agency would fllpOse or requfre wfthfn the affected terrftory (for eXlIIPle. the paINn ot,fees. the upgradfng of structures, roads, water and sewer facflftfes, etc.). o o -3- S. An Indication of how the agency's servlc.s will be financed If the change Is approv.d. 6. An Indication of whether the aff.cted area Is or will be propos.d for Inclusion within an existing or proposed I~rovement zon., red.v.lopment area, ass.ss..nt district or coa.unlty 'acllltl.s district. The submitted Plan for Services must demonstrate that the range and l.vel of servlc. curr.ntly avall- abl. will, at l.ast, be malntaln.d following compl.tlon of the change. Th. Plan for Servlc.s needs to b. slgn.d, dat.d, and c.rtfff.d as to fts compl.t.n.ss and accuracy by an officfal repres.ntatfve of the aff.cted cfty or dlstrfct. A Plan for Services will be required for each affect.d agency contained wfthfn a reorganfzation proposal. NOTE: Sponsors of a proposal Inltlat.d by p.tition may su~lt their proposal without a Plan for Servlc.s. In these cases, the LAFCO offlc. will notify the aff.cted city or district that th.y will be required to submit a Plan for S.rvlces. 1. FACTORS OF CONSIDERATION FOR SPHERE OF INFLUENCE REVIEW ONLY Pleas. attach to this applic a narrative description of the following: z. The pr.sent and probable n..d for public facillt 3. Th. present capacity of public facilities and ad.quacy of pu l~'S, The ex1st.nce of any sochl or .conomlc communities In the area. -'" 4. ENVIRONMENTAL INFORMATION I. Stat. g.n.ral description of topography. fl at Z. Describe any exisUng IlIlprov....nts In the sit. as S of total area. Resld.nthl 85 S Agricultural -O- S 5 S Vacant 10 S C_rchl -O- S Other -O~ S Industrhl 3. Describe the adjacent land uses. industrial. commercial. residential. aqriculture and vacant " L o o -4- 4. Describe site Ilterltlons thlt will be produced by llIprov_nt projects ISsocfeted with this proposed l"lon (grldlng. flow chlnnellzltlon, etc.). none S. Will service extensions accOllpllshed by this proposll Induce growth on this site? YES NO!!.- Adjacent sites? YES _ NO..n Unincorporated _ Incorporated lIlL. 6. Is this project a part of a larger project or series of projects? YES _ NO.JUL If YES, please explain. NOTICES Please provide the names and addresses of persons who are to be furnished copies of the agenda and staff report and who are to be given mailed notice of hearing. ~E Tony Sedano TELEPHONE NO. (714) 884-2911 ADDRESS 882 S. Tippecanoe Avenue, San Bernardino, CA 92408 NAME Bernard Kersey TELEPHONE NO. (714) 384-5091 92401 ADDRESS 300 North "0" Street, San Bernardino, CA NAME William Brunick TELEPHONE NO. J714) 889-8301 ADDRESS 1839 Commercenter West. San Bernardino. CA 92412 CERTIFICATION I hereby certify that the stlte_nts fumfshed above Ind in the attached exhibits present the dltl Ind infonoetion required for this Inltill ev.IUltion to the best of ~ Ibillty, Ind thlt the flCtS, stlt_nU, IIId infonoetlon presented herein Ire true Ind correct to the best of 1111 knowledge and belief. DATE 3/13/91 dAA~J~ -R. ~~1. --'- SIGNATURE OF APPLICANT PHONE (714) 884-2911 882 S. Tippecanoe Avenue ADDRESS. San Bernardino. CA 92408 ..JJ - o o LAFCO 2665 SOUTH SAN BERNARDINO COUNTY WATER DISTRICT Tho.. portions of Township 1 South, Range 4 West, San Bernardino Meridian, in the City of San Bernardino, County of San Bernardino, State of California, described as follows: PARCEL NO.1 Beginning at the center line intersection of Pioneer Street and Waterman Avenue, said point being on the existing boundary line of the South San Bernardino County Water District; Thence North along said district boundary line and continuing along said line, following all of its various courses to the POINT OF BEGINNING. PARCEL NO.2 Beginning at the intersection of the center line of RiChardson Street with the North line of Interstate 10, said point being on the existing boundary line of the South San Bernardino County Water District; Thence Westerly along said district boundary line and continuing along said line, following all of its various courses to the POINT OF BEGINNING. . EXCEPTING therefrom that portion lying within Tract No. 2959, as per map recorded in Book 41 of Maps, Page 51, records of said County. Said parcels contain 362 acres, more OFFICE LARRY E. COTTON COUNTY SURVEYOR CO~INO By deputy L. S. o. ~~l :~ Date TnbJl . I . March 26, 1991 , --