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HomeMy WebLinkAboutContracts & Agreements_17-1982_CCv0001.pdf NEW BUSINESS Resolution No. 3828, a resolution of the City Council Resolution deleting one Maintenance Laborer position and adding one No. 3828 Equipment Operator Trainee position at a lesser salary Salary in the Disposal Department, was unanimously approved on motion of Councilman Martinez, seconded by Councilman Gorman. CITY MANAGER The Mill Creek Cooperative Water Project Agreement, of which the City is a party to, requires that the San Bernardino Valley Municipal Water District execute an agreement with the Southern California Edison Company to provide for the diversion of water above the Edison Santa Ana Plant No. 3 and Mill Creek Plant No. 1. The letter for Council approval only indicates that Council agrees with the opinion of District Counsel and that Counsel has no objections to Edison Company changing the point at which water is delivered to parties of the Mill Creek Cooperative Water Project Agreement. A letter dated May 13, 1982 , from City Attorney Dallas Holmes indicated more time was needed for legal counsel to examine the documents. Stating he felt sufficient study had been done, Council- man DeMirjyn moved for approval of this diversion Water agreement. Councilman Johnson seconded the motion. Diversion -Agreement David Garcia addressed Council with the recommendation that this diversion agreement be approved tonight subject Edison to legal counsel review with a particular look at the Company legal aspect in connection with the water rights issue to make sure the City' s water rights are not adversely affected by this document. He further stated that he and John Donnelly had reviewed the document in detail and were convinced it was a good document. Councilman Johnson differed with the staff recommendation stating that Mr. Anderson of Best, Best and Krieger had reviewed the entire document for the North Fork Water Company. He felt that as Best, Best and Krieger was the City' s attorney by contract, that the document had been reviewed by the City' s attorney and had been accepted as not adversely affecting any water rights in the agreement. He further explained the need for acting tonight to avoid a possible change in the cost the Department of Water Resourse pays. He reiterated that the letter from Mr. Holmes did not say there was any problem with water rights. Page seven - May 18, 1982 . It CITY MANAGER (Continued) The question was called for and the motion to approve the diversion agreement was approved by the following vote: AYES: Councilmen DeMirjyn, Martinez, Johnson; NOES: Councilmen Roth and Gorman. Following the vote, Attorney Riddell stated that his office has not reviewed this document to determine water rights that may be claimed by the City of Redlands. He assumed that Mr. Johnson was correct that Mr. Anderson had reviewed the agreement to check North Fork Water Water Company rights, but felt sure that the agreement was not Diversion checked to determine if the city of Redlands water Agreement rights were adversely affected. Edison Councilman Roth stated he did not understand this Company document without legal counsel, hence the reason for his negative vote. Councilman Gorman stated it was highly inappropriate because of a partliamentary manuever not to have been able to ask the staff several very simple questions on this matter and that he was very disappointed with the manner this Council handled this matter. Bid Call The City Clerk was unanimously authorized to advertise for bids for the reconstruction and widening of Fifth Fifth Avenue Avenue between Marion Road and Dearborn Street on motion Widening of Councilman DeMirjyn, seconded by Councilman Johnson. Resolution Resolution No. 3830, a resolution of the City of No. 3830 Redlands approving the San Bernardino County Arts Plan as prepared by the San Bernardino County Arts League, County was unanimously approved on motion of Councilman Arts Plan Johnson, seconded by Councilman DeMirjyn. on motion of Councilman DeMirjyn, seconded by Councilman Claim Johnson, a claim in the name of Berry Schweiger was unanimously denied and ordered sent to the City' s risk manager and excess insurance carrier. CITY ATTORNEY Attorney Riddell distributed copies of a memorandum he prepared for the Planning Commission regarding con- flicts of interest and stated he would answer any questions Council might have. Page eight - May 18 , 1982 LAW OFFICES OF ARTHUR L.LITILENORTM♦ STEPHEN C.JONES REST, BEST & KRIEGER PALM SPRINGS OFFICE JAMES S,CORISON FRANCIS J.BAUM A PARTNERS-P t"CLUOIN(;PROFESSIONAL COPPOqArIONS 600 EAST TAHOUITZ-M.CALLQM, WAY GLEN E.STEP.ENS ANNE T.THOMAS W,LLIAM P.O.WO1-FE 3zOqGF M REYES 4200 ORANGE STREET PALM S;-PINGS,CALIFORNfA 9226-2 BARTON C,GAUT LINDA TH04NTON r714)32 S-7264. ..ARLES D.FIELDW�LL:AM W.FLOfO,JP. P. 0.BOX 1025 PAUL T.SELZER 'IV LL AM J.CAHILL _N ARLES O-WH'TE. mtCHAEL A.CRISTE RIVERSIDE,CALIFORNIA 92502 DALLAS HOLMES, RICHARD CROSS SUN CITY OFFICE M ELVILLE HIRSC�"f# WILLIAM H.SPAUTIGAM (71-)686-14SO 26820 CHERRY HILLS BOULEVARD CHRISTOPHER CARPSNTFR, RAYMOND N.HAYNES 'TELEPHONE RICHARD T.ANDERSON O.MARTIN NETHrAy POST OFFICE SOX L LEE A.M CHIP JOHN W.wNiTsCrT SUN CI TY,CALIFORNIA 92381 JOHN O.WAMLIN ELIZABETH 4.HANNA (714)679-233S MICHAEL O.HARRIS GREGORY V.MOSEP '.CURT EALY IRW,N L.GOLOS 0 - ,14 MAS S.SLOVAK PETER J.MORT JOHN E.BROWN May 13 , 1982 LOS ANGELES OFFICE STEVEN , OtLES RONALD"�K%UT 61S SOUTH FLOWER ST.,SUITE 1900 MICHAEL T,RI;Ot'.L LOS ANGELES,CALIFORNIA a0017 M CREOITH A.jVQY RAYMOND BEST(IOWI-4671 f2f3)617-2525 ROBERT J.SEPC JAMES H.KPIEGM1913-1915) MICHAEL GRANT EUGENE BCST;403-1060 -A PROFESSIONAL aCPPORATION BY HAND The Honorable Mayor and City Council City of Redlands 30 Cajon Street Redlands , California Re : Proposed City Consent to Agreement Between San Bernardino Valley Municipal Water District and Southern California Edison Company for Diversion of Santa Ana River and Mill Creek Waters Gentlemen: Earlier this week we saw for the first time a copy of the Diversion Agreement between the referenced parties , along with an April 5th cover letter to the City from San Bernardino Valley Municipal Water District. ' The Agreement is apparently well in excess of 200 pages with its exhibits , and the cover correspondence refers to another document (the Cooperative Water Project Agreement , or "CWPA") which we have not seen. We regret to inform you that there is no way we can prepare to meaningfully advise you on the legal impact of this Agreement at your next City Council meeting. Perhaps in any case the staff did not intend for us to do so in the time allotted. Therefore, if you wish to proceed on the basis of staff advice on this Agreement, you may of course do so. If on the other hand you wish to have legal counsel LAW OFFICES OF BEST, BEST & KRIEGER The Honorable Mayor and City Council May 13 , 1982 Page 2 review the opinion of District Counsel that the Agreement will not alter the obligations of the City under the CWPA, we will need more time to examine such a conclusion. We regret any inconvenience this may cause, but in the future perhaps we could be given some additional time on matters of this magnitude. Yours sincerely, 1,16 Dallas Holmes of Best , Best & Krieger City Attorneys City of Redlands DH/au CC : City Manager Public Works Director JY Ml/*, 7. 0 San Bernardino Valley Municipal Water District 1350 SOUTH "E" STREET P. O. BOX 5906 -,SAN BERNARDINO, CALIFORNIA 92412 - (714) 824-2200 (714) 889-0433 April 5, 1982 City Council City of Redlands P 0 Box 280 Redlands CA 92373 Gentlemen: The Santa Ana River - Mill Creek Cooperative Water Project Agreement ( "CWPA" ) requires that the District enter into negotiations with the Southern California Edison Company ( "Edison" ) to reach an agreement which would allow the diversion of native water above Edison' s Santa Ana River Power Plant Number 3 and Mill Creek Power Plant Number 1 . The diversion of this water at higher elevations was agreed upon by the Parties to the CWPA as a method by which the Parties could deliver supplemental water from the State Water Project to areas of need through a series of exchanges which would significantly reduce the energy requirement for pumping State Project Water from the District' s Foothill Pipeline . A draft Diversion Agreement with Edison was presented at a meeting of the CWPA Management Committee on January 26, 1982, and at that time various concerns were expressed by some representatives of parties to the CWPA . The proposed diversion agreement with Edison has now been revised to accomodate those concerns; and the District has completed the necessary negotiations and is now prepared to sign the agreement with Edison. A copy of this agreement is attached for your review. Please see Section 20. 4 and Appendix C for the provisions which have been inserted or modified in response to the questions raised at the January 26th meeting. Under the terms of the CWPA the District agreed to obtain the consent of any Party to the CWPA whose rights under any existing agreements would be altered, modified, changed, or affected in any manner beyond the manner in which the Party gave its consent when the Party signed the CWPA. (See CWPA Section 10. ) The District has asked its District Counsel to review the proposed agreement with Edison and to give his opinion as to whether the rights of any Party to the CWPA would be further altered, modified, changed, or affected should the District and Edison sign the Santa Ana River - Mill Creek Diversion Agreement as it is now written. In his attached opinion Mr. Dilworth does not find any further impact on the rights of any Party to the CWPA and states that the CWPA would continue to be binding on all of the parties . The District anticipates signing the Diversion Agreement with Edison on or after April 19, 1982. Should you, as a Party to the CWPA, feel that your rights are being further Directors and Officers altered, modified, changed, or affected beyond the manner provided in the CWPA, or if you have any problems with, or objections to, Edison permitting diversions in accordance with the Diversion Agreement, which will change the point at which all , or part, of Santa Ana River and Mill Creek water is delivered to certain CWPA parties from the point at which said water has been delivered historically to, said parties pursuant to certain existing agreements , please notify the District in writing by April 19, 1982, ( i) of the specific nature of any rights held by you which would be further altered , modified, changed, or affected should the District enter into the Diversion Agreement with Edison, or (ii) the nature of the problem or objection you have to Edison changing the point at which water diverted by Edison for hydroelectric generation purposes is delivered to certain CWPA parties . If you agree with the opinion of District Counsel and have no problem or objection to Edison changing the point at which such water is delivered to said CWPA parties, and approve the Diversion Agreement, please so indicate by signing and dating both originals of this letter and returning one original to the District . Thank you for your support during the District' s negotiations with Edison. Very truly yours , San Bernardino Valley Municipal Water District LeRoy Holme President Accepted and agreed to this 18th day of May 1982 yor y Clerl /- , ' tf LAW OFFICES tJ.AME:S W. ]DILWORTH CROCKER BANK eUILOING TELEPHONE SUITE 200 6a2-7930 4075 MAIN STREET RIVERSIDE,CALIFORNIA 92501 February 24 , 1982 C6 NO Board of Directors rT1 San Bernardino Valley :< Municipal Water District P. 0. Box 5906 San Bernardino, CA 92412 Re: Santa Ana-Mill Creek Diversion Agreement Gentlemen: You have requested an opinion regarding the effect of the proposed Santa Ana River-Mill Creek Diversion Agreement between the San Bernardino Valley Municipal Water District and the Southern California Edison Company on the rights of the parties to the Santa Ana River-Mill Creek Cooperative Water Project Agreement. I am advised that several of the parties to the Cooperative Water Project Agreement ( -CWPA- ) , or their predecessors, have agreements with the Southern California Edison Company, or its predecessors, which entitle the parties to take delivery of native water to which they hold the water rights at certain points of delivery in the eastern end of the San Bernardino Valley. Under paragraph 5 of the CWPA, the parties have agreed that their "entitlement water" as defined in paragraph 2 (h) of the CWPA is released for delivery and use by the Management Committee of the CWPA pursuant to the terms of the CWPA. Paragraph 5 (a) of the CWPA specifically provides that the Management Committee may cause delivery of water to be made to any party from any source available to the Management Committee. Hence, none of the parties to the CWPA have any right to object to the diversion of any of their "entitlement water" if in fact the Management Committee supplies water available from another source pursuant to the terms of the CWPA. The parties to the CWPA do retain the right to insist upon their historic sources of water in the event the Management Committee is unable to provide water from a different source in compliance with the CWPA. The provisions of the CWPA are binding upon each of the members of the CWPA, including the San Bernardino Valley Municipal Water District and the Management Committee of the CWPA, and there is nothing in the proposed Santa Ana River-Mill Creek Diversion Agreement which is intended to or would have the effect of releasing any of them from their obligations under the CWPA. This intent is reaffirmed by Section 20 . 4 of the proposed Santa Ana River-Mill Creek Diversion Agreement. SBVMWD INCOMTN(-1 rnRRPsPnqnrNrF t77q2 Board of Directors San Bernardino Valley Municipal Water District February 24, 1982 Page Two Accordingly, it is my opinion that the provisions of the proposed Santa Ana River-Mill Creek Diversion Agreement do not fur',-her alter, modify, change or affect the rights of the parties to the CWPA beyond the manner to which the parties to the CWPA agreed at the time the parties entered into the CWPA. Very truly yours, JAMES W. DILWORTH JWD:ckh ------------ To. 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