County of Santa Cruz COUNTY ADMINISTRATIVE OFFICE 701 OCEAN STREET, SUITE 520, SANTA CRUZ, CA 95060-4073 (831) 454-2100 FAX: (831) 454-3420 TDD: (831) 454-2123 SUSAN A. MAURIELLO, J.D., COUNTY ADMINISTRATIVE OFFICER April 17, 2007 AGENDA: May 1,2007 Board of Supervisors County of Santa Cruz 701 Ocean Street, Room 500 Santa Cruz, California 95060 Approval of Water Metering Agreement with the Pajaro Valley Water Management Agency (PVWMA) Dear Members of the Board: As your Board is aware, the Pajaro Valley Water Management Agency (PWVMA) has enacted an ordinance that requires all property owners within their agency's boundaries to install water meters and pay water extraction fees to carry out the purposes of the agency. The County owns property within the boundariesof the agency: 1) the Buena Vista Landfill, 2) the Rountree detention facility, and 3) the Housing Authority's Buena Vista Migrant Center. The attached agreements provide for one time payments for the period from January 2005 to March 2007 and an ongoing amount based on future utilization. County Counsel has reviewed the agreements and determingd that they are appropriate for your consideration. Because the well at Rountree provides water to the detention facilijy and to the landfill via a common water line, the Department of Public Works and the Detention Bureau will need to coordinate with the General Services Department to provide for internal metering to separate out water use and distribute the costs between the departments accordingly. It is THEREFORE recommended that your Board take the following actions: 1. 2. 3. 4. Approve the attached agreements with the Pajaro Valley Water Management Agency for installation of flow meters and use of well water on County owned properties occupied by 1) the Sheriff's Rountree detention facility, 2) the Buena Vista Landfill and 3) the Housing Authority's Buena Vista Migrant Center; Authorize one-time payments to the Pajaro Valley Water Management Agency by the Sheriff's Detention Bureau in the amount of $1 1,461.50 and by the Department of Public Works in the amount of $7,955 for water use; Direct the County Administrative Office to forward the executed agreement for water use at the Buena Vista Migrant Center to the Housing Authority, as the tenant of County-owned property, for their one-time payment of $19,224 to the Pajaro Valley Water Management Agency for water use; and Direct the Sheriffs Office, the Department of Pubic Works and the Department of General SERVING THE COMMUNITY - WORKING FOR THE FUTURE aq
Transcript
County of Santa Cruz COUNTY ADMINISTRATIVE OFFICE
701 OCEAN STREET, SUITE 520, SANTA CRUZ, CA 95060-4073
SUSAN A. MAURIELLO, J.D., COUNTY ADMINISTRATIVE OFFICER
April 17, 2007 AGENDA: May 1,2007
Board of Supervisors County of Santa Cruz 701 Ocean Street, Room 500 Santa Cruz, California 95060
Approval of Water Metering Agreement with the Pajaro Valley Water Management Agency (PVWMA)
Dear Members of the Board:
As your Board is aware, the Pajaro Valley Water Management Agency (PWVMA) has enacted an ordinance that requires all property owners within their agency's boundaries to install water meters and pay water extraction fees to carry out the purposes of the agency. The County owns property within the boundaries of the agency: 1) the Buena Vista Landfill, 2) the Rountree detention facility, and 3) the Housing Authority's Buena Vista Migrant Center. The attached agreements provide for one time payments for the period from January 2005 to March 2007 and an ongoing amount based on future utilization. County Counsel has reviewed the agreements and determingd that they are appropriate for your consideration. Because the well at Rountree provides water to the detention facilijy and to the landfill via a common water line, the Department of Public Works and the Detention Bureau will need to coordinate with the General Services Department to provide for internal metering to separate out water use and distribute the costs between the departments accordingly.
It is THEREFORE recommended that your Board take the following actions:
1.
2.
3.
4.
Approve the attached agreements with the Pajaro Valley Water Management Agency for installation of flow meters and use of well water on County owned properties occupied by 1) the Sheriff's Rountree detention facility, 2) the Buena Vista Landfill and 3) the Housing Authority's Buena Vista Migrant Center;
Authorize one-time payments to the Pajaro Valley Water Management Agency by the Sheriff's Detention Bureau in the amount of $1 1,461.50 and by the Department of Public Works in the amount of $7,955 for water use;
Direct the County Administrative Office to forward the executed agreement for water use at the Buena Vista Migrant Center to the Housing Authority, as the tenant of County-owned property, for their one-time payment of $19,224 to the Pajaro Valley Water Management Agency for water use; and
Direct the Sheriffs Office, the Department of Pubic Works and the Department of General
SERVING THE COMMUNITY - WORKING FOR THE FUTURE aq
BOARD OF SUPERVISORS Approval of Water meter Agreement with PVWMA
AGENDA: May 1,2007 Page 2
Services to coordinate the necessary internal metering and billing for water use in the future.
Very truly yours, A z?-Q+ Susan A. Mauriello
County Administrative Officer
Attachments H:\MyFiles\PVWMA Board letter.wpd
cc: Pajaro Valley Water Management Agency Auditor-Controller Sheriff-Coroner Public Works General Services Housing Authority County Administrative Office
SERVING THE COMMUNITY - WORKING FOR THE FUTURE J 9! ..
WATER METER AGREEMENT
The PAJARO VALLEY WATER MANAGEMENT AGENCY (Agency) requires that all water production wells be measured using flow meters owned and maintained by Agency. The meters shall be installed in accord with Agency Ordinance 93-2 (Water Meter Ordinance) or any successor ordinance, and the installation shall be capable of certification by Agency. Agency agrees to purchase, install, service, and repair meters and any appropriate meter appurtenance(s). Landowner agrees that all well water used on the parcels referenced in this agreement shall be measured using this or other Agency flow meter(s). This agreement incorporates Attachment A, a map that illustrates the location of the wells referenced in this agreement and identifies each parcel to which water is exported from these wells. Upon approval of this agreement by both parties hereto, Agency will have installed meters on all wells identified on Attachment A, and will have taken initial meter readings on or after April 1, 2007 to establish a baseline of water usage.
This agreement grants Agency right of reasonable access over the shortest mutually agreed upon route to these wells. Agency shall use reasonable care when exercising this right of access so as to minimize interference with activities or damage to the parcel. This right of access shall be solely for the purpose of reading, testing, servicing, repairing, or replacing the Agency flow meters or flow meter appurtenance(s) and for the purpose of reading the electric power meter which services the wells. Landowner shall ensure that any tenant using these wells shall also cooperate with Agency and provide reasonable access.
Agency shall maintain a separate Ground Water Augmentation Charge Account for each well subject to this agreement. Agency shall assess charges on the basis of flow meter readings except in the event of flow meter breakage or malfunction. In this case, charges shall be based on the recordings of the electric power meter or some other appropriate method.
Agency representatives shall periodically read each meter, compute the ground water augmentation charge, and bill the Landowner (or, as an accommodation to the Landlord, a Tenant if the Landowner has so requested and the Tenant has established a billing account with the Agency) within thirty (30) days after the end of the reporting period. Payment shall be due thirty days after billing and Agency shall impose a financing charge of one and one-half percent (1-112%) per month on all delinquent accounts. Agency shall bill the parties at the addresses set forth below, unless the parties provide written notice to Agency of a change of address:
For Well Number 1021 (APN: 052-021-33):
County of Santa Cruz Public Works Department 701 Ocean Street, Room 410 Santa Cruz, CA 95060 Attn: Patrick Mathews
WATER METER AGREEMENT Page 1
For Well Number 1022 (APN 052-531-03):
Santa Cruz County Sheriffs Office 259 Water Street Santa Cruz, CA 95060 Attn: Susan Hibbs, Fiscal Division
Throughout the term of this agreement, Landowner shall provide to Agency and update the name, telephone number, and address of each current tenant on the property. Landowner shall secure from such tenant, and forward to Agency, tenant's consent that Agency may reasonably access, read, service, test, and repair the meters and any appurtenances.
Landowner or Landowner's tenant shall report any flow meter or flow meter appurtenance damage or malfunction to Agency within three (3) working days after discovery of such damage or malfunction.
In the event that Agency ceases to exist, Landowner shall take possession of the Agency flow meters and appurtenances.
Agency shall hold harmless, indemnify, and defend Landlord for any accidents or injuries which harm Agency employees or agents and for any and all damage suffered by Agency equipment or vehicles while on Landowner's properties, except where the accident, injury, or damage is caused by the negligent or intentional act of Landowner or Landowner's agent, employee, or tenant.
Landowner shall hold harmless, indemnify, and defend Agency for any accidents or injuries which harm Landowner's agent, employee, or tenant and for any and all damage to Landowner's wells, pumps, appurtenances, crops, roadways, or structures, except where the accident, injury, or damage is caused by Agency's inadequate installation of an Agency flow meter or by the negligent or intentional act of an Agency employee or agent.
This agreement shall take effect on the date that it is signed by both Landowner and Agency, and it shall remain in effect thereafter unless earlier terminated by mutual written agreement of the parties.
This agreement shall bind all heirs, successors, agents and employees of either party. Neither Landowner nor Agency shall assign this agreement without the prior written consent of the other party.
Landowner agrees to notify Agency when property has been sold, and to furnish agency with the name and address of new Landowner.
The individual signing this agreement represents that helshe is authorized to act on behalf of the Landowner in this matter.
Within thirty (30) days of execution of this agreement, Landowner shall submit payment to Agency in the amount of $1 1,461 50, representing the charge for estimated groundwater usage from January 1, 2005 to March 31, 2007 (27 months) for the Sheriffs facility and $7,955 for the Buena Vista Landfill facilities, as itemized on Attachment B (the "Initial Payments"). After one year of metered usage, the Initial Payment shall be adjusted to account for Landowner's actual metered usage and the Initial Payments shall either be supplemented or a refund provided based upon such adjustment (the "true-up"). Other than as set forth in this paragraph, Landlord and the HACSC shall have no liability or responsibility for payment of augmentation charge assessments prior to January 1,2005.
c
WATER METER AGREEMENT Page 2
This agreement shall at all times be subordinate to the Water Meter Ordinance and to other Agency ordinances, as these ordinances may be changed from time-to-time and supplemented by new ordinances. In the event of a legal judgment affecting the enforceability of the Water Meter Ordinance or any portion thereof, the County will be refunded payment in accordance with the terms of that judgment.
COUNTY OF SANTA CRUZ
Dated: By:
Approved as to form:
PAJARO VALLEY WATER MANAGEMENT AGENCY
Dated:
Approved as to form:
Anthony P. Condotti General Counsel
By: Bruce Laclergue General Manager
WATER METER AGREEMENT Page 3
id .J 3 3
ATTACHMENT A
WATER METER AGREEMENT Page 4
WATER METER AGREEMENT Page 5
ATTACHMENT B
Charge for Estimated Groundwater Usage from February 1,2005 to March 31, 2007 (27 months)
Well No. 1021 (County of Santa Cruz - Buena Vista Landfill) -- $7,955.00
Well No. 1022 (County of Santa Cruz - Sheriffs Facility, including Hope Center) -- $1 1,461.50
WATER METER AGREEMENT Page 6
WATER METER AGREEMENT
The PAJARO VALLEY WATER MANAGEMENT AGENCY (Agency) requires that all water production wells be measured using flow meters owned and maintained by Agency. The meters shall be installed in accord with Agency Ordinance 93-2 (Water Meter Ordinance) or any successor ordinance, and the installation shall be capable of certification by Agency. Agency agrees to purchase, install, service, and repair meters and any appropriate meter appurtenance(s). Landowner agrees that all well water used on the parcels referenced in this agreement shall be measured using this or other Agency flow meter(s). This agreement incorporates Attachment A, a map that illustrates the location of the well referenced in this agreement and identifies each parcel to which water is exported from this well. Upon approval of this agreement by both parties hereto, Agency will have installed meters on the well identified on Attachment A, and will have taken initial meter readings on or after April 1, 2007 to establish a baseline of water usage.
This agreement grants Agency right of reasonable access over the shortest mutually agreed upon route to this well. Agency shall use reasonable care when exercising this right of access so as to minimize interference with activities or damage to the parcel. This right of access shall be solely for the purpose of reading, testing, servicing, repairing, or replacing the Agency flow meters or flow meter appurtenance(s) and for the purpose of reading the electric power meter which services the well. Landowner shall ensure that any tenant using the well shall also cooperate with Agency and provide reasonable access.
Agency shall maintain a separate Ground Water Augmentation Charge Account for each well subject to this agreement. Agency shall assess charges on the basis of flow meter readings except in the event of flow meter breakage or malfunction. In this case, charges shall be based on the recordings of the electric power meter or some other appropriate method.
Agency representatives shall periodically read each meter, compute the ground water augmentation charge, and bill the Landowner (or, as an accommodation to the Landlord, the Tenant if the Landowner has so requested and the Tenant has established a billing account with the Agency) within thirty (30) days after the end of the reporting period. Tenant, the Housing Authority of the County of Santa Cruz (HACSC), uses Well No. 1023, and Agency agrees to bill HACSC separately and directly for Well No. 1023 usage provided, however, that billing HACSC directly shall be for Landowner's convenience only and shall not relieve Landowner of its ultimate responsibility for payment of all charges for Well No. 1023 usage. Payment shall be due thirty days after billing and Agency shall impose a financing charge of one and one-half percent (1-1/2%) per month on all delinquent accounts. Agency shall bill HACSC at the address set forth below, unless the parties provide written notice to Agency of a change of address:
For Well Number 1023 (APN: 052-531-03): Housing Authority of the County of Santa Cruz 2931 Mission Street Santa Cruz, CA 95060 Attn: Property Management Director
WATER METER AGREEMENT Page 1
Throughout the term of this agreement, Landowner shall provide to Agency and update the name, telephone number, and address of each current tenant on the property. Landowner shall secure from such tenant, and forward to Agency, tenant's consent that Agency may reasonably access, read, service, test, and repair the meters and any appurtenances.
Landowner or Landowner's tenant shall report any flow meter or flow meter appurtenance damage or malfunction to Agency within three (3) working days after discovery of such damage or malfunction.
In the event that Agency ceases to exist, Landowner shall take possession of the Agency flow meters and appurtenances.
Agency shall hold harmless, indemnify, and defend Landlord for any accidents or injuries which harm Agency employees or agents and for any and all damage suffered by Agency equipment or vehicles while on Landowner's properties, except where the accident, injury, or damage is caused by the negligent or intentional act of Landowner or Landowner's agent, employee, or tenant.
Landowner shall hold harmless, indemnify, and defend Agency for any accidents or injuries which harm Landowner's agent, employee, or tenant and for any and all damage to Landowner's wells, pumps, appurtenances, crops, roadways, or structures, except where the accident, injury, or damage is caused by Agency's inadequate installation of an Agency flow meter or by the negligent or intentional act of an Agency employee or agent.
This agreement shall take effect on the date that it is signed by both Landowner and Agency, and it shall remain in effect thereafter unless earlier terminated by mutual written agreement of the parties.
This agreement shall bind all heirs, successors, agents and employees of either party. Neither Landowner nor Agency shall assign this agreement without the prior written consent of the other party.
Landowner agrees to notify Agency when property has been sold, and to furnish agency with the name and address of new Landowner.
The individual signing this agreement represents that helshe is authorized to act on behalf of the Landowner in this matter.
Within thirty (30) days of execution of this agreement, HACSC shall submit payment to Agency in the amount of $19,224.00 (the "Initial Payment"), representing the charge for estimated groundwater usage from January 1, 2005 to March 31, 2007 (27 months) for the Housing Authority facilities, as itemized on Attachment B. After one year of metered usage, the Initial Payment shall be adjusted to account for HACSC's actual metered usage and the Initial Payment shall either be supplemented or a refund provided based upon such adjustment (the "true- up"). Other than as set forth in this paragraph, Landlord and the HACSC shall have no liability or responsibility for payment of augmentation charge assessments prior to January 1,2005.
This agreement shall at all times be subordinate to the Water Meter Ordinance and to other Agency ordinances, as these ordinances may be changed from time-to-time and supplemented by new ordinances. In the event of a legal judgment affecting the enforceability of the Water Meter Ordinance or any portion thereof, the County will be refunded payment in accordance with the terms of that judgment.
WATER METER AGREEMENT Page 2
COUNTY OF SANTA CRUZ
Dated:
Approved as to form:
AxMaaUoun ty Counsel
HOUSING AUTHORITY OF THE COUNTY OF SANTA CRUZ
Dated:
Dated:
Approved as to form:
Anthony P. Condotti General Counsel
By:
Its:
PAJARO VALLEY WATER MANAGEMENT AGENCY
By: Bruce Laclergue General Manager
WATER METER AGREEMENT Page 3 14
ATTACHMENT A
WATER METER AGREEMENT Page 4
ATTACHMENT B
Charge for Estimated Groundwater Usage from February 1,2005 to March 31,2007 (27 months)
Well No. 1023 (Housing Authority of the County of Santa Cruz facilities) -- $19,224.00
