HomeMy WebLinkAboutS4- Water CITY OF SAN BERNAhJINO - REQUEST FOk COUNCIL ACTION
From: Mayor and Common Council Subject: Agreement between the City of
San Bernardino, the Board of
Dept: Bernard C. Kersey Water Commissioners and San
Water Department Bernardino Valley Water
Date: Conservation District relating
June 9 , 1993 to a preannexation agreement
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
Signature
Contact person: Bernard C. Kersey Phone: 384-5091
Supporting data attached: Yes Ward: 1, 2 , 4 & 7
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
Acct. Description)
Finance:
Council Notes:
CITY OF SAN BERNARL _NO - REQUEST FOR ;OUNCIL ACTION
STAFF REPORT
The San Bernardino Valley Water Conservation District (SBVWCD) has
filed an application with the Local Agency Formation Commission
(LAFCO) to annex two parcels (Parcel A and Parcel B/C which
consists of approximately 5, 000 acres - see attached map) into
their district boundaries. The area of Parcel A is generally
bounded on the west by "E" Street in the City of San Bernardino, on
the north by Norton Air Force Base, on the east by Orange Street,
and on the south by their existing boundaries. Parcel B/C is
generally bounded on the west by Waterman Avenue; on the north by
a combination of 40th Street, David Way, and the San Bernardino
National Forest; on the east by a combination of Sterling Avenue,
Eureka Street, Highland Avenue, Gilbert Street and various sections
and half-section lines; and on the south by a combination of
Baseline and 6th Streets.
The SBVWCD is a water conservation district formed and operating
under the Water Conservation District Law of 1931. For 80 years,
SBVWCD has undertaken groundwater replenishment activities for the
purpose of increasing the availability of groundwater to the land
and water users overlying the Bunker Hill basin. SBVWCD owns 1, 300
acres of land in the Santa Ana River bed and adjacent lands in the
vicinity of the cities of Highland and Redlands. SBVWCD plans to
increase its water replenishment activities through the development
of enhanced facilities within and adjacent to the Santa Ana River
near Redlands and Highland. The facilities are anticipated to be
developed incrementally over a 15-year period. SBVWCD proposes to
expand their district boundaries to generally represent those areas
within their current sphere of influence (lands which can receive
benefit from their native water recharge operations) .
SBVWCD is proposing to levy and collect a groundwater replenishment
assessment charge (GRAC) on the groundwater produced from
facilities located within their boundaries. The GRAC will be based
upon acre-feet of water produced. The City currently has 6 wells
within the SBVWCD boundary. The proposed annexation may increase
this number to 13 . We currently produce an average of 2,800±
acre-feet per year from wells located within SBVWCD's boundaries.
The proposed annexation could increase the acre-foot per year
subject to GRAC to 8, 200± acre-feet, depending upon our operational
mode, (i.e, which wells we decide to produce) .
As a condition of our not opposing the proposed SBVWCD annexation
of additional lands, some of which lies within the City of San
Bernardino, the SBVWCD has offered us (the City) a preannexation
agreement which, in essence, would limit the GRAC to a maximum of
$10. 00 per acre-foot for water produced by us from wells within
their district boundaries.
-1-
CITY OF SAN BERNARL _NO - REQUEST FOR ;OUNCIL ACTION
STAFF REPORT
At their regular adjourned meeting held on May 6, 1993 , the Board
of Water Commissioners unanimously voted to approve the
preannexation agreement and authorized staff to submit it to the
Mayor and Common Council for approval. Subsequent to the May 6,
1993 Board meeting, additional items have been negotiated into the
preannexation agreement which are favorable to the City.
The SBVWCD has exempted from their GRAC all groundwater produced
for local domestic purposes through groundwater contamination
remediation projects. This exemption will provide some incentive
to local agencies within SBVWCD's boundaries to cleanup
contaminated groundwater areas, thus reducing the temptation to
dodge and drill. Without this exemption, depending upon the
movement of groundwater contaminants, it may also become difficult
to attract agency end users for the distribution of wellhead
treated groundwater.
JUSTIFICATION FOR SUPPLEMENTAL AGENDA:
Staff has been working with representatives of the San Bernardino
Valley Water Conservation District to obtain the most favorable
terms. Final negotiations were agreed to on June 9, 1993 . This
item is scheduled for hearing by the LAFCO on July 21, 1993, and
LAFCO has requested input or comments by the City by June 16, 1993 .
-2-
IT
3; AiL MOLL N RO
VAUY--
el o 40TH..... --
v
�w }},lYit: ;Y.H.yv� ?ii}_4}?�? ;:1J.i S•:;•:f: /^� I 1 A 1
NARDI
F _ i`R>- '.k ti.}• _iwr<.w},11g�4:.: -:.Si �1. 1
a- RRw' 7�. �~Y ''J: r•>'r:ti'•:- i•:11V'i%'r, I
i}(r. ri' AM^ ...�� •{#y�•.r3Sr2t.`:?:::�l11 :1:.:•�.: '':�l'T-:2`.'�};2.}}ri;}�J •�gs�-,,- L
}2�;2.tigaa,,.;,:J,:
rn 1 w
T u`E
t .c
A.
L
1
TLC --'1•-� ?:i�::.:ra -.
.....................
i �'':i .vA•i 3:-:?:3+:' 'E--!? � �.1�. - `:'SAM ffRHwROMV�••��-••.:�••�k MA
lvT
OMTROSE i4;:4.'$,h.":%> y�.:;Tiixv :Si i;, ..4..v.QOt \y.: } -•.i _ .�V _. / f.
BERNARD YK:: •i.V�tAdv yix; ,<;.;%S${i-•:•v::t-•:�,Gr.,-;�' ,'jl�� '�< � 1 • ..wl.n
>> > '•:22=i�u"i$:3��; ..:.:Rif':..5•::�- -^f.- %i:.' l l' �• jq I
Q Q :•.•) .:u r.f:..r : .t f s
vS
i}.
> ST
ST
Ai '-r•t::'vet 2C:.. :
w. ;.gt:....a;•-:. ••-::::-:::::::tf:::m ...E.:''gt.
mGt -?r��.♦:.. �:;y:;<'njr}c:;y'-;;r:?fir;r..... j`•:.�., ::}•;t � oManT M
by .a-::2-r+ - :'C •.x:�
m «�•.wL tr
ST
Ni
C
1
W .A•.
T—
_
t
. '.-. t;#.�- .. ... MARSHALL kao
= p n0.v.f: `S% `�r{r' "y'iR- BSc`•`: .£ =R:` y:iG};;c`.';% ���.5 v tao
Q W IR :6fr 'C?`'--} r;:<4':r -.:i. +fL:•
� I CI� }X-.ryfia�:.::.�-5:.. ' ;}.: 0 11 ,i S �-t�J••• U w
i jL+;,:' i}.fi:;-
s_.
-j W Q. .:'i .Yl� :::.:...:. .rfi � :`>: �j ! i '<.•.oc[ .eI
TH � J �}?�
,� r--i_ .:1?"�::•` :22.: ;<ar.tj k'.L� .EE �LMYr- -
1 �.
Z Yf ;t:; ii t:3: ..:.•� � �
..p
nARr-' E
F- < a '::its};•.;?''-''l•:#?i. .L�.. :?.A.t.- > WEk:{ A C +It uy:;v dYlf--:: '-=i' :: '+'i' <
v
,flOpMRAW;:. .;>, .: ..v--:•::::::.. ::? ;. M LT
Sri .1 IT
,-1v' T:F .�?:�.��..� }?Z.: l'.)AL:: ii:?;i..•� <r 1 1 ( 1
ut ;.YC
k ¢
ST :fi:•-v4:.......v. W
v. �#
Q �,s :�Ylr>..'c •:c:... b' :. .......�'�`' -�=`: ?�:t .'{� .,ay;,r... .._�: � >S R»> R 3 L� > e 1 0
ST a-- () m A T
K � _�Af/ftGt{'�`. :S•1.�: :ct;::�... A::yik'..;:j`:: - pl I
IaJ
....... ....
ST ¢ ,�:o»�.c••�:: •, •'.'�.•,',,,.-•? q 7 2IRO sr
..!a... iii?:�^:.
µ,... { 1
A ,AV .;G_ << _ ,0 1
ICi NO eo :;^r'�i:-:3:
HIG 1.1. yam ttal
w ■ R < � R .aY!Ii4ky"«..-, ...i.:i?•-�' ::,`;r�•.,...','>.�s'.'��'';(' 1 t~ �.r :�� �fy� tlsT '
rs
-7a _ .:.' fiV nr . NIn ! r yGlli�i. M l
.Ii :t. ,;,• •2 :: .^-'tom.-S. :�-'.s _�L/� xL TN t tiiwwAO!.Q:'.
T r. -. :" •L -y,� c F.r» tT s 'm
I r, Q :s,; x<:::
H r _Tj�.�.. i �':... '..�'�•t;l�r°.-'2.;; .:...}:t .:1 1 •nn t � i ..,h �n �<
N ST �'.--�y� _fL :•�' i::.,.. T y(tq\ ;r•.+.;:;1;4:;1
)AND r Sc J T 1 ::...A rte: lzi .'Pi4_CIFIC'") a ST= y a 1 Yl iee>'„;sr l PAC�IC
--
« to
� f i Avk' sfg$ 5 �R:T ST trs �r r.,,;•,��;-T I P ST �..+ C
�2< ■ :: :`f`.. JANE u b 6 3 1 •”
P,ST• sr() r ?:w> ? r [ I n z> <sml � --
wALKER
roa •:•:�?$:2• :-'` ir'od}} n.e BASELI E E`
1ao
S 1 _.. ..r... .._
1000 Ila �
r < - 1< -
1 y�, IY NEYART pt
Im
OLM Le..� ++.k d
JT
CC
<a > h,. ST I' Ne 9TH tw ST n>r 9TH
sT
< r ✓j 1 ¢
z
ST au _w r. _ S■V= Y . t • .C.D. _
<
■ r .61 w PROPOSED ANNEXATION -
Iw m s Y.T...c a J t •e
AaY nab < Y m La+.l....R C
KKT N
T ;7 y 1 A fL41.Ei[R___-�__ _y
Ll
♦� `=-� 1 PARCEL 8ICT"T�
■ 3RD naa■■ ..,=:��iBi� >„m � --5�---,
s • L-'"�
e IlOGS f 0 kY.�'v,
I AV ;i
0
1 RESOLUTION NO.
2
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO, APPROVING A PREANNEXATION AGREEMENT WITH THE SAN
BERNARDINO VALLEY WATER CONSERVATION DISTRICT RELATING TO PARCELS
4 B&C OF THE LOCAL AGENCY FORMATION COMMISSION ANNEXATION NO. 2751.
5 WHEREAS, the San Bernardino Valley Water Conservation District
6 Board of Directors has voted to establish a Groundwater
7 Replenishment Assessment Charge applied to all groundwater produced
8 within their District boundaries; and
9 WHEREAS, the San Bernardino Valley Water Conservation District
10 has submitted a proposal to annex territory within its existing
11 sphere of influence to their District, a portion of which is
12 territory located within the boundaries of the City of San
13 Bernardino; and
14 WHEREAS, the Board of Water Commissioners have met with
15 representatives of the San Bernardino Valley Water Conservation
16 District to discuss the Groundwater Replenishment Assessment Charge
17 and the proposed annexations, and support the programs proposed by
18 the District to improve groundwater quality and other programs that
19 provide benefit to the City of San Bernardino; and
20 Whereas, a preannexation agreement has been proposed which
21 would limit the Groundwater Replenishment Assessment Charge and
22 exclude groundwater that is produced for local domestic purposes
23 through groundwater contamination remediation projects.
24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
25 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
26 That the agreement regarding the annexation of City of San
27 Bernardino territory to the San Bernardino Valley Water
28 Conservation District be approved, and that the Mayor of the City
June 14 , 1993 -1-
RESOLUTION APPROVTMG A PREANNEXATION AGREEMENT WITH SAN BERNARDINO
VALLEY WATER CONS. JATION DISTRICT RELATING T, 'ARCELS B&C OF LAFCO
ANNEXATION NO. 2751.
1 of San Bernardino is hereby authorized and directed to execute said
2 agreement, a copy of which is attached hereto as Exhibit 1, and
3 incorporated herein by reference as though fully set forth at
4 length herein.
5 I HEREBY CERTIFY that the foregoing resolution was duly
6 adopted by the Mayor and Common Council of the City of San
7 Bernardino at a meeting thereof, held
8 on the day of 1993 , by the
9 following vote to wit:
10 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT
11 NEGRETE
12 CURLIN
13 HERNANDEZ
14 OBERHELMAN
15 OFFICE VACANT
16 POPE-LUDLAM
17 MILLER
18
19 Rachel Clark, CITY CLERK
20 The foregoing resolution is hereby approved this day
21 of 1993 .
22
23 TOM MINOR, MAYOR
City of San Bernardino
24
APPROVED AS TO FORM
25 AND LEGAL CONTENT:
26 JAMES F. PENMAN
City Attorney
27
28 �
By: �
J n 17, 1993 -2-
AGREEMENT REGARDING ANNEXATION OF CITY OF SAN
BERNARDINO TERRITORY TO THE SAN BERNARDINO
VALLEY WATER CONSERVATION DISTRICT
THIS AGREEMENT is entered into as of , 1993 , by
and between the SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT,
a special governmental district formed and operating under the
Water Conservation District Law of 1931, as amended, California
Water Code Section 74000, et se g. (hereinafter, the "District") and
the CITY OF SAN BERNARDINO, a municipal corporation (hereinafter,
the "City") , and the BOARD OF WATER COMMISSIONERS OF THE CITY OF
SAN BERNARDINO (hereinafter "Board") .
RECITALS
A. For over eighty years, the District and its predecessor-
in-interest have conducted groundwater replenishment activities for
the purpose of conserving local water supplies and increasing the
supply of groundwater for the lands and residents within the
boundaries of the District.
B. The City boundaries include approximately 2 , 166 acres of
real property situated adjacent to but outside of the boundaries of
the District, but within the "sphere of influence" of the District
as designated by the Local Agency Formation Commission of the
County of San Bernardino (hereinafter, "LAFCO") pursuant to
Government Code Section 56425, et se g. , which lands are more
particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (such lands are hereinafter
referred to as the "Subject Territory") .
C. The City and Board operate seven (7) water producing
facilities within the Subject Territory, which water producing
facilities produce groundwater from the groundwater basin which
underlies the District and other lands.
D. In accordance with Water Code Section 75500, et seq. , the
District has levied a groundwater charge on groundwater produced
from facilities located within the boundaries of the District
(hereinafter, the "Groundwater Charge") .
E. In accordance with Government Code Section 56650, et
sea. , the District has adopted its Resolution No. 314, making
application to LAFCO for the annexation of approximately 4 , 908 .8
acres of land to its boundaries, all of which are within the
District's sphere of influence, and including the Subject Territory
(the proposed annexation of the Subject Territory to the District's
boundaries is hereinafter referred to as the "Subject Annexation") .
I
FS2\131\015042-0003\2039806.3 06/10/93
r..vnrnTm Al A
F. The District, the City, and the Board mutually desire to
enter into this Agreement to set forth the conditions governing the
Subject Annexation.
EXECUTORY AGREEMENTS
NOW, THEREFORE, in consideration of the facts recited above,
and the covenants, conditions and promises contained herein, the
parties hereto agree as follows:
SECTION ONE: ANNEXATION OF THE SUBJECT TERRITORY
TO THE DISTRICT
1. 1 The District shall take all reasonable actions to pursue
and complete the annexation of the Subject Territory to the
District.
1. 1. 1 The District shall submit the terms and conditions
of this Agreement as part of the proposed terms and conditions
of the Subject Annexation.
1. 1. 2 The District shall request that LAFCO incorporate
this Agreement into its resolution making determinations with
respect to the Subject Annexation.
1. 2 Neither City nor Board shall oppose, file any protest to,
initiate any legal or administrative proceeding to challenge, or
otherwise take any action to hinder or interfere with the
annexation of the Subject Territory to the District in accordance
with this Agreement.
SECTION TWO: LEVY AND COLLECTION OF GROUNDWATER
CHARGES FROM GROUNDWATER PRODUCTION
FROM WITHIN THE SUBJECT TERRITORY
2 . 1 The Subject Territory shall be subject to the levy and
collection of the Groundwater Charge from and after the effective
date of the Subject Annexation. From and after the date on which
the Subject Territory is subject to a Groundwater Charge, the City
and the Board shall file all groundwater production reports, and
make all payments for groundwater production, in accordance with
Water Code Section 75610, et sea.
2 . 2 In the event that the District determines at any time
during the term of this Agreement to levy and collect a Groundwater
Charge in an amount in excess of Ten Dollars ($10. 00) per acre-foot
of groundwater produced by the City or the Board from within the
Subject Territory (as adjusted in accordance with Paragraph 2 . 2 . 2
FS2\131\015042-0003\2039806.3 06/10/93 2
below) , and the City or the Board does not consent in writing to
such Groundwater Charge, the District shall, within thirty (30)
days following the receipt by the District of the City's or the
Board's payment of such Groundwater Charge, reimburse to the City
or the Board an amount equal to the Annexation Reimbursement.
2 . 2 . 1 For purposes of this Paragraph 2 . 2 , the term
"Annexation Reimbursement" shall be calculated for a six-month
period set forth in Water Code Section 75611 (i.e. , January 1
through June 30; July 1 through December 31) in accordance
with the following formula:
AR = (GW - B) x AF
Where:
AR = the Annexation Reimbursement amount.
GW = the Groundwater Charge levied by the District upon
groundwater production by the City or the Board
from groundwater producing facilities located
within the Subject Territory.
B = the Base Groundwater Charge, in the amount of
$10. 00 per acre-foot of groundwater produced by the
City or the Board from groundwater producing
facilities located within the Subject Territory,
adjusted in accordance with Paragraph 2 . 2 . 2 below.
AF = the quantity (in acre-feet) of groundwater produced
by the City or the Board from groundwater producing
facilities located within the Subject Territory.
2 . 2 . 2 The Base Groundwater Charge described in Paragraph
2 . 1. 1 above shall be adjusted annually in accordance with the
"Consumer Price Index for Urban Wage Earners and Clerical
Workers Los Angeles-Anaheim-Riverside Area (All Items) "
(hereinafter, the "CPI") , compiled by the United States
Department of Labor, Bureau of Labor Statistics (1982-1984 =
100) , or such successor index as may be published by the
United States Department of Labor in lieu of the CPI;
provided, however, that the Base Groundwater Charge shall not
increase by an amount in excess of two percent (2 . 0%)
annually, notwithstanding any higher increase in the CPI. In
the absence of the CPI or any successor index, the parties
shall jointly select an alternative index, subject to the same
maximum annual increase.
2 . 3 In the event that the City and the District, or the Board
and District as the case may be, mutually determine in writing that
groundwater production by City or the Board within the Subject
FS2\131\015042-0003\2039806.3 06/10193 3
Territory is for the purpose of removing non-naturally occurring
contamination, non-naturally occurring pollution, or other non-
naturally occurring substances impairing the use of groundwater,
that the groundwater production is for domestic, potable uses, and
that the well head treatment facilities used for such activities
are funded entirely with public monies, District shall reimburse to
the City or the Board an amount equal to the Groundwater Charge
assessed against such publicly funded groundwater production.
2 . 4 In the event that the District enters into an annexation
agreement with the City of Riverside, a municipal corporation,
which establishes the condition of capping the Groundwater
Replenishment Charge on all of the City of Riverside's water
production within the District's current boundaries, then the
parties shall amend this agreement to provide that the same
i provision shall apply to the City and the Board.
SECTION THREE: MISCELLANEOUS
3 . 1 Notices: Except as otherwise set forth hereinabove, all
notices, payments, transmittals of documentation and other writings
required or permitted to be delivered or transmitted to any of the
parties under this Agreement shall be personally served or
deposited in a United States mail depository, first class postage
prepaid, and addressed as follows:
If to District: San Bernardino Valley Water Conservation
District
101 E. Redlands Blvd. , Suite 247
P.O. Box 1839
Redlands, California 92373-0581
Attn: General Manager
If to City: City of San Bernardino
300 North "D" Street
San Bernardino{ CA 92418
Attn: City Administrator
If to Board: Board of Water Commissioners
300 North "D" Street
5th Floor
San Bernardino, CA 92418
Attn: General Manager
or such other address as either party may direct to the other in
writing. Service of any instrument or writing shall be deemed
completed forty-eight (48) hours after deposit in a United States
mail depository.
FS2\131\015042-0003\2039806.3 06/10/93 4
3 .2 Condition Subsequent and Term: This Agreement shall be
subject to the condition subsequent that the Subject Annexation is
completed. Thereafter, this Agreement shall continue for so long
as the Subject Territory is within the boundaries of the District.
3 . 3 Warranty of Authority: Each officer of the District,
the Board, and the City affixing his or her signature to this
Agreement warrants and represents by such signature that he or she
has the full legal authority to bind his or her respective party to
all of the terms, conditions and provisions therein, that his or
her respective party has the full legal right, power, capacity and
authority to enter into this Agreement and perform all of its
provisions and obligations, and that no other approvals or consents
are necessary in connection therewith.
3 . 4 Headings: The titles and headings of Sections and
Paragraphs of this Agreement, as herein set forth, have been
inserted for the sake of convenience only, and are not to be taken,
deemed or construed to be any part of the terms, covenants or
conditions of this Lease, or to control, limit or modify any of the
terms, covenants or conditions hereof.
3 . 5 Integration, Construction and Amendment: This Agreement
constitutes the entire understanding of the District, the Board,
and the City as to those matters contained herein, and no prior
oral or written understanding shall be of any force or effect as to
those matters covered by this Agreement. This Agreement shall be
governed by the laws of the State of California, and shall be
construed as if drafted by all parties hereto. Except as provided
herein, this Agreement may not be modified, altered or amended
except in writing signed by the District, the Board, and the City.
3 . 6 Successors: This Agreement, and all of the terms,
conditions and provisions herein, shall inure to the benefit of,
and be binding upon, the District, the Board, and the City, and
their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
FS2\131\015042-0003\2039806.3 06/10/9355
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, APPROVING PREANNEXATION AGREEMENT W i THE SAN BERNARDINO
VALLEY WATER CONSERVATION DISTRICT RELATING TO PAk�ELS B&C OF THE LOCAL
AGENCY FORMATION COMMISSION ANNEXATION NO. 2751 .
as of the date first written above.
SAN BERNARDINO VALLEY WATER
CONSERVATION DISTRICT
APPROVED AS TO FORM:
RUTAN & TUCKER
By President
David Cosgrove
General Counsel, San
Bernardino Valley Water
Conservation District Secretary
CITY OF SAN BERNARDINO
APPROVED AS TO FORM:
AND LEGAL CONTENT:
Mayor
JAMES F . PENMAN Tom Minor
City Attorney, City Attest:
of San Bernardino
Bye ewv� y.c�� City Clerk
1 Rachel Clark
BOARD OF WATER COMMISSIONERS OF
THE CITY OF SAN BERNARDINO
Margaret H. Chandler
President
APPROVED AS TO FORM
AND LEGAL CCNTENT:
JAMES F. PENMAN, City Attorney
General Counsel, Board of Cheryl A. Flowers
Water Commissioners Deputy City Clerk and Ex-Officio
Secretary
By `J
FS2\131\015012-0003\2039806.3 06/10/93 6