HomeMy WebLinkAboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) (UPDATED)DMF:k-1
04/08/86
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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
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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.
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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.
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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
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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
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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
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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