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HomeMy WebLinkAboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) (UPDATED)DMF:k-1 04/08/86 01 AGREEMENT CONCERNING THE DETACHMENT OF TERRITORY FROM MUNICIPAL WATER DISTRICT OF ORANGE COUNTY BY THE CITY OF SANTA ANA This is an Agreement made and entered into this 24114 day of A49A , 1986, by and between the City of Santa Ana, and Municipal Water District of Orange County, which parties are more particularly described herein. 1. The parties to this Agreement are as follows: a. The City of Santa Ana, a municipal corporation of the State of California ("the City"), b. Municipal water District of Orange County, a municipal water district organized and existing pursuant to Division 20 of the Water Code of the State of California ("MWDOC"). 2. On November 6, 1985, the Local Agency Formation Commission ("LAFCO") conducted a hearing on the City's detachment proposal, as a result of which LAFCO passed Resolution No. 85-78 approving the detachment and ordering that any election held to confirm said detachment be held only in the detaching area, and that funds accumulated in reserve by MWDOC for the purpose of capital improvements, operations and maintenance thereof in proportion to the taxes paid by the City residents to MWDOC compared to the total taxes paid to MWDOC, be transferred to the City from MWDOC. LAFCO modified its Resolution on January 8, 1986 to limit the City's use of the funds so transferred to purposes allowed by Division 20 of the Water -1- Code and for the benefit of the detaching area. 3. The City and MWDOC desire to avoid litigation and associated costs and resolve the issues involved in the detachment for the overall public good and, in doing so, to carry out the goal of the City to be a home rule, full service City and the role of MWDOC to engage in its regional planning, representation, coordination and implementation of water policy and projects of its service area in coordination with adjacent territories and agencies. 4. It is the parties' intention, by executing this Agreement, to identify and carry out common goals so that together they will strengthen the water interests within Orange Couny to the benefit of its citizens. 5. MWDOC, in compliance with the LAFCO order, but without waiving its rights to challenge the LAFCO order, has set a protest hearing now scheduled for April 24, 1986. WHEREFORE, in consideration of the mutual promises of the parties set forth in this Agreement, the parties agree as follows: 1. Upon signing of this Agreement by the City, MWDOC will continue with the procedural activities neessary to conduct the protest hearing on April 24, 1986 at 10:00 A.M. 2. If sufficient legal protests are not filed at the protest hearing, MWDOC, consistent with law, agrees to approve the City detachment and take all remaining steps necessary to complete the detachment process without requiring an election. -2- If there are legally sufficient protests within the area to be detached exceeding 25%, then MWDOC shall conduct an election within the area of detachment and if the election results in approval of the detachment, then the provisions of this Agreement shall remain in full force and effect. If the legally sufficient protests from the area to be detached exceed 50% or the confirmation election results in disapproval of the detachment, then MWDOC shall disapprove the detachment as required by statute and this Agreement shall have no force and effect. 3. Section 8 of the LAFCO order of November 6, 1985, as amended and made final on January 8, 1986 ("Section 811), to the contrary notwithstanding, shall be interpreted and implemented as follows: a. MWDOC and the City agree that the condition imposed by LAFCO on the detachment of the City requiring allocation of MWDOC's reserves field for capital improvements, operation and maintenance thereof according to the formula set forth in Section 8 of LAFCO's Resolution No. 85-78, requires MWDOC to pay to the City the sum of $419,946.00; said sums to be held in trust by MWDOC. The parties agree that said sums in trust are subject to a prior lien for the Diemer Filtration Plant/Santiago Aqueduct Intertie. The parties further agree that said sums shall be paid by MWDOC as set forth hereinafter. -3- b. MWDOC shall pay to City the sum set forth in a. above in installments according to the following schedule: March 2, 1989, $54,572.00; March 2, 1990, $54,572.00; March 2, 1991, $92,518.00; March 2, 1992, $109,144.00; March 2, 1993, $109,144.00; subject to the following provisions: (1) Pursuant to Section 4 of LAFCO's January 8, 1985 Resolution, the sums set forth above shall be expended only for those purposes set forth in Division 20 of the California Water Code and for uses which have significant and primary benefits for the detaching area and surrounding territory. In addition, said sums shall be expended only for projects which improve water quality and/or supply on a regional basis in keeping with the purposes for which said funds were raised by MWDOC. (2) The parties hereby agree that the projects described below in item 3 have regional significance in that they not only benefit the City, but also benefit at least one other agency within MWDOC, and the projects are an improvement to the overall existing water system within MWDOC and the City territories. As such the projects meet the terms of Section 4 of the LAFCO Resolution. (3) Prior to payment of such sums to the City, the City shall submit invoices to MWDOC evidencing that expenditures for the project have been previously incurred or paid by the City. Said invoices shall show in detail -4- the costs and the amount and the service or improvement rendered or constructed. (4) The projects to be carried out, which are subject to reimbursement and payment,by MWDOC are as follows: (a) Tri-Cities Wellfield (City of Newport Beach, Mesa Consolidated Water District and City of Santa Ana); and/or (b) Water Reclamation Distribution System. (5) The parties agree that if the City elects to change projects, then MWDOC shall approve the change if the substitute projects meet the criteria set forth hereinabove. C. MWDOC shall make all payments called for in this Agreement within thirty (30) days of its receipt of the necessary supporting -documents and invoices from the City. Failure to make timely payment shall entitle the City to interest at the legal rate, or at the rate MWDOC is then earning on the reserves in the trust account, whichever is greater, for each day over 30 days before payment is made. 4. MWDOC hereby discharges, releases the City from any and all claims with respect to water rates levied for the years 1984-85 and for the years 1985-86 and 1986-87 up to and including the date of the completion of the detachment proceedings. 5. other than as expressly set forth herein, the parties hereby each release the other from any and all claims C610 for any money, be it principal or interest or from any claims to assets as a result of the detachment proceedings and further, each party waives the provisions of Section 1542 of the Civil Code which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 6. MWDOC shall dismiss its appeal from Superior Court judgment in case no. 47-31-58 and 4th Civil Appeal no. G-003610 denying MWDOC's Petition for Writ of Mandate to compel LAFCO to exclude MWDOC from the District Reorganization Act with respect to the City's detachment proposal and agrees not to proceed with the filing of another Petition for Writ of Mandate or any other legal action to challenge LAFCO's approval of the detachment or the terms and conditions imposed thereon. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. AP:ZPVED AS TO FORM: Russell G. Behrens, Water District Counsel ATT ST anice C. Guy, CVerk,,," the Council ATTEST -6- L02)raine M. Cross, Board Secretary MUNICIPAL WATER DISTRICT OF ORANGE COU Wayne A. Clary, President CII;ZANTA ANA Daniel E. Griset, Mayor CWFWERS CARECTORS STANLEY E. SPRAGUE WAYNk"Z A. CLAF-iK GENERAI MANAGER PPLSIDENI -OAL LORRMNE M. CROSS WILLAAM F, DAVENPORI WCRETARY VME PM&D"T "T JAN L. ALAQYTT HJ`.'.�. "BILL." HARJ'OF, �4)1 Y, TREASURER GERALD E. PRICE J P4 �f c RUSSELL. G. BEHRENS rjuvy-ry ArroRNEY KENIIJETH H. WIT"r P,0. IX 15229 - 1950 EAST I'VINISTREET,SWTE 150 PANTA ANA, QA,L�F0RP,HA 92705-0229 - (714�973-1023 April"28/1986 Mr. Sam Johnson City of Santa Ana 217 North Main Street, 3rd Floor Santa Ana, CA 92701 Re: Executed Acre ement re Citv Detachment Gentlemen: Enclosed you will find the executed, original Agreement resolving your City's detachment proceedings from Municipal Water District of Orange County. This Agreement resolves all claims between the District and the City, including the right of your City to detach from the District, the transfer of funds to the City over a period of time to and including March, 1993, a waiver by Municipal Water District of Orange County for the balance of any water rates due and outstand- ing at this time, a waiver by your City for any claim of refund for any partial payment on said water rates, recogni- tion of your City as a full service, home rule City with respect to water planning within its area, recognition of MWDOC's responsibility to conduct its regional planning in its service area and, most significantly, the money paid by the District shall be used for regional water projects to improve the water system within the City territory detached and the surrounding agency areas. We appreciate all of the hard work and dedication it took over the last year and one-half to explore various ways to solve this complex problem. The solution set forth in the Agreement is a step toward strengthening and improving the water community in Orange County. We look forward to working with you in the future on water projects to our mutual benefit. Very truly yours, Stanley E. Sprague SES: ggg Enclosure Mer'nbE)�, Agency of The Metropcditan Water, Distric[ of Southeni Cahfoinia MOTION: Authorize settlement of Ronald Irwin vs. City of Santa Ana (Workers' Compensation), stipulation in the amount of �6,615. MOTION: Johnson SECOND: Luxembourger VOTE: AYES: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 410.15 MOTION: Authorize settlement of Paul Brick vs. City of Santa Ana (Workers' Compensation), stipulation in the amount of �10,745.00. MOTION: Luxembourger SECOND: McGuigan VOTE: AYES: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 410.15 MOTION: Approve agreement between Municipal Water District of Orange County and City relative to detachment from Municipal Water District and authorize execution by Mayor and Clerk. MOTION: McGuigan SECOND: Johnson VOTE: AYES: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None ACTION BY COMMUNITY REDEVELOPMENT AGENCY P.S. 99.A. APPROPRIATION ADJUSTMENT NO. 233 - R CENTER - TENANT IMPROVEMENTS MOTION: 1) Approve the following agreement a by Mayor and Clerk. Zleea- AMENDMENT TO LEASE AGREEMENT WITH JA ALEXANDRIA BATES, DBA 'THE HAIR DEPA for tenant improvements. 2) Approve change order. Tenant Improvement at the Regional T Phase II - Change Order No. One, incLt::cx.,-L,,,j ,15,499.00 (7.2%). PROJ 6197E CITY COUNCIL MINUTES 167 APRIL 21, 1986 60.D. APPROPRIATION ADJUSTMENT NO. 222 - ACQUIS]`TION OF PROPERTY WITHIN THE A-8 REDEVELOPMENT SITE MOTION: Approve Appropriation Adjustment No. 222, transferring �363,260.00 from 11-013-811-General Fund to 511-936-611-A-8 Redevelopment Site Project. (Requires five affirmative votes.) MOTION: McGuigan SECOND: Luxembourger VOTE: AYES: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 615.05 310.05 CLOSED SESSION REPORT MOTION: Approve agreement between the City, the Community Redevelopment Agency of the City of Santa Ana, and the Santa Ana Unified School District relative to the purchase of the Bristol Street Church and authorize execution of agreement by Mayor and Clerk. MOTION: Griset SECOND: McGuigan VOTE: AYES: Acosta, Griset, Hart, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE MOTION: Authorize settlement of Sianez vs. City of Santa Ana (Workers' Compensation), stipulation in the amount of $27,825.00. MOTION: Luxembourger SECOND: McGuigan VOTE: AYES: Griset, Hart, Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None ABSTAINED: Acosta FILE 410.15 MOTION: Authorize settlement of Aguirre vs. City of Santa Ana (Workers' Compensation) in an amount up to �56,000.00- MOTION: McGuigan SECOND: Griset VOTE: AYES: Acosta, Griset, Hart., Johnson, Luxembourger, McGuigan, Young NOES: None ABSENT: None FILE 410.15 CITY COUNCIL MINUTES 166 APRIL 21, 1986