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HomeMy WebLinkAbout26-Water Department From: CI-Y OF SAN BERNARD"...'O - REQU~)T FOR COUNCIL ACION REC.O.... AO Mitt. Off. Bernard C. Kersey,. Director, r,S~~je,c,t: Administration & Fmance l~Ea DEe -7 fori 11. Lq. Water Department pt: Second Amendment - Joint Powers Agreement for Sewer Service City of Lorna Linda Date: December 2, 1988 Synopsis of Previous Council action: June 15. 1987 City Administrator was instructed to write to the City of Lorna Linda and inform Lorna Linda that San Bernardino will agree to an amendment to the Joint Powers Agreement, which would permit Lorna Linda to sell rights to Bryn Mawr, if Lorna Linda wishes to sell those rights. July 6, 1987 Council voted to reconsider action taken at June 15, meeting. Motion made and failed to amend JPA to permit sale of sewer rights by City of San Bernardino to Bryn Mawr. (SEE ATTACHED MINUTES OF 7/6/87) Recommended motion: Adopt Resolution , ,T:,;/-d}/~:.u~~' -.-;- Signature Contact person: Bernard C. Kersey Phone: 384-5393 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: r -'mell Notes: 75.0262 Agenda I tern No. JL6 CII. I OF SAN BERNARD~ ~O - REQUl ;T FOR COUNCIL AC. ~ON STAFF REPORT The City of San Bernardino entered into a Joint Powers Agreement with the Lorna Linda Sanitation District in 1965 for the purpose of San Bernardino providing treatment and dispos- al of sewage. The City of Lorna linda became successor-in- interest to the agreement when it was incorporated. The agreement limits the maximum peak rate of flow capacity of seven (7) million gallons per day, and that sewer service is limited to territory within the boundaries of the agency. The County of San Bernardino has requested that the City of Lorna Linda provide sewer service to an area known as Bryn Mawr (Map Attached) . The County, utilizing their Community Development Block Grant funds, will fund the installation of sewer mains in the project area. The City of Lorna Linda agreed to service the area and amend the Joint Powers Agree- ment, provided the City of San Bernardino made sewer capacity rights available. The City of San Bernardino agreed to amend the Joint Powers Agreement to allow the City of Lorna Linda to provide service, if the City of Lorna Linda provided sewer capacity right from their entitlement. In June, 1988, the County of San Bernardino requested that they be allowed to purchase sewer capacity rights from the City of San Bernardino which they could later sell to Bryn Mawr homeowners after the sewer system is constructed. The issue of providing sewer service was discussed at length with the City Attorney's office, and they have concluded that conditions within the Clean Water Grant contracts with the u.S. Environmental Protection Agency and the State of California Water Resources Control Board obligate the City of San Bernardino to provide service to all areas set forth in the project report that are within the service boundaries for the "regional" sewage facility. The Second Amendment to the Joint Powers Agreement has been developed to allow Lorna Linda to provide sewer service to areas within or outside their boundaries, but within the service area outlined in the 1980 Wastewater Facilities Plant Project Report. A Purchase Agreement for Sewer Capacity Rights was developed and approved by the Board of Water Commissioners allowing the County of San Bernardino to acquire sewer capacity rights for the Bryn Mawr area. The Board of Water Commissioners conditioned entering into the agreement upon the approvals of the cities of San Bernardino and Lorna Linda of the amendment to the Joint Powers Agreement. 75-026.l ~ ~_ ~~_~_m____ -~-,. , i I ~ j I ,r, I t '< I ::J <' - --/- ~I z -< c::: o ~ ~ ~ ~ .rl ~ " {~ - .q 'J...$" , ~INcO::lll\'J o ~ \ " <J: Z (L o LL .-J < U ?- m I x W -IZ- \J ~ \J ~) Y.;?/..!..I / IY M <:t o Z -1 3^'" l:lMn"I >- o ~ ~ (f) <t 2 o .--J [ ~ C~'~ r l~ ~ ~ i - - 1 i-- ---H-~l ~ I I ~ ; Ci~) 1 '" \.. \ . ~ + l,,\ ) t~; ~~\ i 11 i , I I , LL o "-- / f- (J i 0.-- '_____ on the demolition. Mr. Penman stated he had met with Planning Director Siracusa regarding problems with the Conditional Use Permit for this project. Manuel Moreno, Jr., Director, Public Services, answered questions regarding the demolition process and fees. He stated it would take about 10-15 days and cost approximately $8,000 - $10,000. He stated that most of the work had to be done with heavy equipment by trained operators. Mr. McBay, Director of Lighthouse for the Blind, stated that all useable material had been removed from the project and only rubble was left, which was causing a problem in the neighborhood. (See Item under A Public Comments, page 1) Greg Garcia, Project Coordinator, Mayor's Office, answered questions about his contact with Supervisor Ham- mock's Office concerning assistance for Lighthouse for the Blind. He is waiting for a call to be returned. Mr. McBay formally requested reimbursement of the $153 demolition permit fee. The Mayor and Council discussed the possible use of Community Development Block Grant Funds (CDBG) City Attorney Penman stated that in order to fore- stall future legal problems, the Council's decision in granting waivers to nonprofit organizations must be equit- able to all those groups who request them. Ken Henderson, Director, Community Development De- partment, answered questions regarding the use of CDBG Funds for demolition, stating it was an eligible activity for nonprofit organizations. However, there is a question regarding the use of CDBG Funds if City forces are in- volved in the work, as opposed to work done by private contractors. Mayor Wilcox asked that Mr. Henderson, Mr. Moreno, Mr. Garcia and Mr. McBay meet and talk about ways the City can assist in completing this demolition project and come back this afternoon with suggestions. Mr. Moreno, Director, Public Services, explained that previously the Mayor and Council had authorized City forces to do certain projects for nonprofit organizations. Ken Henderson stated he could provide necessary in- formation by this afternoon, but explained that this mat- ter must be considered by the Community Development Citi- zens Advisory Committee prior to a final decision. There is a meeting scheduled for Thursday, July 9,1987, at which time he would present the matter. Council Member Pope-Ludlam made a motion, seconded by Council Member Miller and unanimously carried, that the matter of the Lighthouse for the Blind be continued to this afternoon's session. (See page 18) SEWER SERVICE FOR BRYN MAWR - REQUEST FOR RECONSIDERATION - RALP~RNANDE~ --RaTph~rnancrez-;-5194-No-i-f11;-1nf0 West, Utah, requested reconsideration of action Mayor and Common Council at their meeting 1987, regarding sewer service for Bryn Mawr. ing action was taken at that meeting: Cedar City, taken by the of June 15, The follow- (37) 9 7/6/87 . 1 " .. "Council ;1ember ;1audsley made a motion, seconded by Council Member Reilly, that the policy of the City of San Bernardino re- garding the sale of sewer capacity rights outside of the City of San Bernardino, or to the signatories of any of our joint powers agreements, be reaffirmed; that this request for sewer capacity rights for the community known as Bryn Mawr, be denied; and that the City of Lorna Linda be written a letter to notify them that the City of San Bernardino would be willing to amend the joint powers agreement if they will sell the sewer capacity rights to the com- munity known as Bryn Mawr. The motion carried by' the following vote: Ayes: Council Members Reilly, Maudsley, Minor, Miller. Noes: Council Members Estrada, Flores, Pope-Ludlam. Absent: None." Council Member Estrada made a motion, seconded by Council Member Flores, to reconsider the matter of provid- ing sewer capacity rights to Bryn Mawr. The motion carried by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Pope-Ludlam, Miller. Noes: Council Member Minor. Absent: Council Member Maudsley. Mr. Hernandez requested that the Council authorize the sale of sewer capacity rights to the community of Bryn Mawr without further delay and direct the City At- torney to amend the Joint Powers Agreement. Herb Wessel, General Manager, Water Department, answered questions regarding the original sale of sewer capacity rights, and explained that all rights had been sold to various governmental entities. As the City's supply neared depletion, the Water Department approved a "recycle". Some of those rights that were sold to various developers were turned back into the Department because their projects were not going forward. The 300 sewer capacity rights that the Water Department holds are avail- able regionally to those entities that the City is under contract to serve. Mr. Wessel defined "regional" as including Lorna Linda, a small part of Colton, East Valley, Norton Air Force Base, Patton and San Bernardino. Other County areas are under various spheres of influence. He spoke of a City ordinance that rrovides that the City must approve all sewer service outside the City. City Attorney Penman explained that the appropriate way to handle this request for sewer capacity rights is for the Council to receive a formal action request from the County Board of Supervisors, which is the governing authority of Bryn Mawr. Any other ~ethod could result in legal problems. Mr. Hernandez suggested that the Council make a mo- tion to direct the City Attorney to amend the JPA and indicate to the Board of Supervisors that the Council has agreed to the project upon receipt of a formal action request from the Board. He stated that the Board of Supervisors is in favor of the project and has set aside money for that purpose. 10 7/6/87 City Attorney Penman stated that although a letter had been received from Loma Linda requesting an amendment to the JPA, it would be necessary to have one from the Board of Supervisors, as the governing body. He stated there was nothing illegal in amending the JPA that would allow Bryn Mawr to hook up to the sewer system. The dif- ficulty lies in future repercussions. Mr. Hernandez stated that immediate action in this matter is urgent because of contamination of the ground by the cesspools. Herb Wessel, Manager, Water Department, answered questions regarding the possibility of Loma Linda furnish- ing the sewer capacity rights to Bryn Mawr. He stated they have taken the position they are not going to provide them. Mr. Wessel answered questions regarding the comple- tion date of the new sewage treatment plant, and stated that when it is in operation, additional capacity will be available. City Attorney Penman expressed concern over the al- leged contamination from the cesspools of the Bryn Mawr area, which could present a health hazard. He stated there should be some kind of environmental impact report prepared by San Bernardino County. Dave Larson, San Bernardino County Department of Economic and Community Development, spoke of his involve- ment with the proposed project at Bryn Mawr, which is a unique situation because of the low income level and the natural boundaries which limit its growth. He stated that the project had been approved by the Board of Supervisors as a CDBG Project. He explained that the sewer system will be "stubbed out" to the property line of individual lots, but not extended onto the property. City Attorney Penman spoke of the large amount of growth that is anticipated in the City of San Bernardino and expressed his concern that the City maintain suffi- cient sewer capacity rights for future growth. He stated he wanted to go on record that his position is that if these sewer capacity rights are granted, he will be advis- ing in the future to give everyone the same consideration. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, to direct the City Attorney to prepare an amendment to the Joint Powers Agreement with Loma Linda, contingent upon a formal request from San Bernardino County Board of Supervisors. Mr. Larson responded to the matter of the contamina- tion by the cesspools, stating that there are failing systems, but felt it had not reached an emergency situa- tion. City Attorney Penman read from the minutes of the Board of Water Commissioners meeting of October 7, 1980, in which two requests for sewer service were received and recommended for denial. Mr. Penman stated that if the request for sewer capa- city rights for Bryn Mawr is granted today, he would ad- vise that findings be made why this project was granted the rights. Otherwise, there might be an equal protection issue. 11 7/6/87 Herb Wessel, Manager, Water Department, answered questions, stating that the Water Board gets about two to forty requests each month for outside sewer rights. They are denied. He defended the action of the Water Board of October 7, 1980, stating that the City was then and is now under a cease and desist order, and the Water Board would not issue any sewer rights in unincorporated areas until the new treatment plant is completed. Mr. Hernandez explained that the County had done a study with findings. Mr. Wessel gave a recap of the sale of sewer capacity rights. The City has 85 left for its use, and the Water Board has about 300 for regional use. COUNCIL MEMBER MAUDSLEY ARRIVED AtTr:s-s-a-.-in-:~--ColiriEiT-i'1eiriberMaudsley arrived at the Council Meeting and took his place at the Council Table. City Attorney Penman stated that the City must act equitably toward all entities, and there needs to be a policy in terms of granting sewer capacity rights within the City, a policy for granting sewer capacity rights outside the City but within our sphere of influence, and a policy for granting rights outside the City's sphere of influence. Herb Wessel, Manager, Water Department, stated that he had read the findings of fact prepared by San Bernar- dino County, but had not subjected them to legal review. City Attorney Penman stated that he had not seen the findings of fact. Council Member Estrada amended her motion by adding "with review by the City Attorney of the County's findings of fact.", so that the entire motion is as follows: "To direct the City Attorney to prepare an amendment to the Joint Powers agreement with Lorna Linda, contingent upon a formal request from the San Bernardino County Board of Supervisors, with review by the City Attorney of the County's findings of fact." Mr. Ralph Hernandez urged the Council to approve the Bryn Mawr project on its own merits, based on the County's Findings of Fact, and stated that this project should not be held up because of unknown future requests. Mayor Wilcox suggested that since the Water Board had been charged with maintenance of the sewer plant, the Council should consider their opinion in denying requests for rights. Mr. Wessel answered questions regarding the availa- bility of regional sewer capacity rights. The Council Council None. motion failed by the following vote: Members Estrada, Flores, Pope-Ludlam. Members Reilly, Maudsley, Minor, Miller. Ayes: Noes: Absent: COUNCIL MEMBERS POPE-LUDLAM, MILLER EXCUSED At 12 :15 p-~m-~~-Counc-iI'-Meiilbers---Pope-Ludlam ---and Mi ller left the Council Meeting. 12 7/6/87 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO JOINT POWERS AGREEMENT OF 1965 BETWEEN THE CITY OF SAN BERNARDINO AND LOMA LINDA SANITATION DISTRICT BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1 The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement with the Lorna Linda Sanitation District, relating to the second amendment to the Joint Powers Agreement of 1965. This Agreement is attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full hereat. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 14 Bernardino at a meeting thereof, held on the 15 day of 16 17 18 , 1988, by the following vote, to wit: AYES: Council Members 19 NAYS: 20 ABSENT: 21 22 23 III 24 III 25 III 26 III 27 III 28 DAB:cez 1 December 5, 1988 City Clerk 1 2 3 4 5 6 7 8 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO JOINT POWERS AGREEMENT OF 1965 BETWEEN THE CITY OF SAN BERNARDINO AND THE LOMA LINDA SANITATION DISTRICT The foregoing resolution is hereby approved this day of , . Evlyn Wilcox, Mayor City of San Bernardino 9 10 Approved as to form and legal content: " 11 , 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB:cez 2 December 5, 1988 SECOND AMENDMENT TO JOINT POWERS AGREEMENT OF 1965 BETWEEN THE CITY OF SAN BERNARDINO AND LOMA LINDA SANITATION DISTRICT THIS SECOND AMENDMENT, made and entered into this day of , 1988, by and between the CITY OF SAN BERNARDINO, a municipal corporation and a Charter City of the State of California, hereinafter called, "San Bernardino" and the CITY OF LOMA LINDA, a municipal corporation of the State of California, hereinafter called, "Lorna Linda", successor to the Lorna Linda Sanitation District, both within the County of San Bernardino, State of California, is made and entered into for the purpose of further amending the Joint Powers Agreement of 1965 between said San Bernardino and Lorna Linda Sanitation District for the collection, treatment and disposal of sewage. THE PARTIES HERETO AGREE AS FOLLOWS: Section 1: Subdivision (e) is hereby added to Section 8 of the Agreement to read as follows: "(e) Regional Service - Nothing in this Section 8 shall be construed to prohibit the provision of sewer services by either of the parties to this Joint Powers Agreement in the areas within or without the boundaries of said parties and shown within the service area as outlined in the 1980 Waste Water Facilities Plan proj ect Report, attached hereto and incorporated herein, subject to the purchase, from time to time, of sewer capacity rights." DAB:cez October 21, 1988 Section 2: Except as amended herein, said Joint Powers Agreement, as amended by Amendment dated September 23, 1980, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed the Second Amendment on the day and date first above shown. CITY OF SAN BERNARDINO By Mayor ATTEST: San Bernardino City Clerk Approved as to form and legal content: ~4,. CITY OF LOMA LINDA Successor to Lorna Linda Sanitation District By Mayor ATTEST: Lorna Linda City Clerk Approved as to form and legal content: Lorna Linda City Attorney DAB:cez October 21, 1988 2 ~~ VI W c$ f- ..J U N 0<1 Z"- H <t: 0 W o:f- 0: q;Z w zw a:: <t: 0::2: wf- :J COq; l.-' ZW LL. W q;0: U ",f- > "-0: 0: Ow w W )of- r (/) f-< ~ -~ r Uw w . f- '" q; $ w r o ~ ~ o u .... V> 0 W Z 0: 0 0 0: .. .. -' z " a: Z .W ~ .. .... '" z z " V> J/ / >"~ ~I \f ~ )- 4~ 0;' , o !/U o w . 0 ~i~ . ' ;1" I I , \.) .~ I . I ), . . I , I I , I I I i 0 .... .J '" 0: 0 . i 0 3 . G . '" ~ ~ . z '" 0 0 .... r . Z <; i 0 . ... . il 0 . < . r . << W G < ~ l~ ~. el. Ol~ . > _ 0 o U <I ~I~ w - G~ << w ~i~