4 Resolutions Rescinding Resolutions 2017-05 and 2017-07 and Adopting Two New Resolutions Required by the State Water Resources Control Board as Part of the Drinking Water State Revolving Fund (DWSRF) Application for a Centralized TCP Treatment Facility at Well #16.

Notes from The Gardening Snail: This page may have been produced by running a PDF Text File through a program which converts Image to Text. My apologies for any textual gremlins that may have crept in. I may also have broken up some of the longer paragraphs.

I have also included a map of the well locations involved.

Meeting Date: February 20, 2018

Well Locations with Local Landmarks Amended

STAFF REPORT

AGENDA ITEM: Resolutions Rescinding Resolutions 2017-05 and 2017-07 and Adopting Two New Resolutions Required by the State Water Resources Control Board as Part of the Drinking Water State Revolving Fund (DWSRF) Application for a Centralized TCP Treatment Facility at Well #16.

MEETING DATE: February 20, 2018

PREPARED BY: Alfonso Manrique, Alternate City Engineer

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

City Council to rescind Resolution Nos. 2017-05 and 2017-07 and adopt two new resolutions required by the State Water Resources Control Board (SWRCB) as part of the Drinking Water State Revolving Fund (DWSRF) Application.

BACKGROUND:

The City is applying to the SWRCB DWSRF to fund the planning, design and construction of a Centralized TCP Treatment Facility at Well #16.

The SWRCB requires that the applicant’s Governing Board adopt a resolution authorizing the City Manager to sign the financing agreement, amendments, and certifications for funding, to approve claims for reimbursement, to execute budget and expenditure summary, to sign final release form and certification of the project completion, and pledging and dedicating net water revenues to pay DWSRF financing.

The City adopted Resolution Nos. 2017-05 and 2017-07 at the January 17, 2017 meeting. A copy of Resolution Nos. 2017-05 and 2017-07 are enclosed to this Staff Report for reference. Resolution Nos. 2017-05 and 2017-07 use the terms “City Manager” and “Interim City Manager” interchangeably.

The Legal Office at the SWRCB have requested that the City rescinds Resolution Nos. 2017-05 and 2017-07 and adopt two new resolutions authorizing the City Manager and removing any reference to the term “Interim City Manager”.

DISCUSSION:

The adoption of these resolution is required by the SWRCB to continue the preparation of a funding agreement for a Centralized TCP Treatment Facility at Well #16.

FISCAL IMP ACT:

Rescinding Resolution Nos. 2017-05 and 2017-07 and adopting the two new Resolutions has no immediate fiscal impact. When the funding agreement is approved and the funds are disbursed, the City will have to pledge revenues from the water fund to repay the loan. The debt service from this loan was included in the last rate study prepared by the City.

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RESOLUTION NO. 2018-_

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON RESCINDING RESOLUTION NO. 2017-05 AND AUTHORIZING THE CITY MANAGER TO SIGN FINANCING AGREEMENT, AMENDMENT, AND CERTIFICATIONS FOR FUNDING UNDER THE DRINKING WATER STATE REVOLVING FUND (DWSRF); AUTHORIZING CITY MANAGER TO APPROVE CLAIMS FOR REIMBURSEMENT; AUTHORIZING CITY MANAGER TO EXECUTE BUDGET AND EXPENDITURE SUMMARY; AUTHORIZING CITY MANAGER TO SIGN THE FINAL RELEASE FORM AND CITY MANAGER TO SIGN THE CERTIFICATION OF PROJECT COMPLETION; AND PLEDGING AND DEDICATING NET WATER REVENUES TOWARDS PAYMENT OF DWSRF FINANCING.

WHEREAS, the City of Livingston Well #16 and Well #14 produce water with an TCP concentration is excess of the recommended maximum contaminant level (MCL) of 5 ug/l; and

WHEREAS, the City of Livingston Well #16 also produces arsenic in excess of the MCL of 10 ug/l;

WHEREAS, the City of Livingston is seeking financing from the State Water Resources Control Board to construct arsenic and TCP removal treatment improvements at Well #16 and Well #14 (“Project”);

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby resolves as follows:

1. The City Manager is hereby authorized and directed to sign and file, for and on behalf of the City of Livingston a financial assistance application for a financing agreement from the State Water Resources Control Board for the Project;

2. The City Manager or designee is hereby authorized to sign the DWSRF program financing agreement for the Project and any amendments thereto, and provide the assurances, certifications and commitments required therefor;

3. The City Manager or designee is hereby authorized to represent the City of Livingston is carrying out the City of Livingston’s responsibilities under the financing agreement, including approving and submitting disbursement requests (including Claims for Reimbursement) or other required documentation, compliance with applicable state and federal laws, and making any other necessary certifications;

4. The City of Livingston does hereby dedicate and pledge its net water revenues and its water enterprise fund to payment of the DWSRF financing for the Project. The City of Livingston commits to collecting such revenues and maintaining such fund(s) throughout the term of such financing and until the City of Livingston has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the State Water Resources Control Board.

So long as the financing agreement(s) are outstanding, the City of Livingston pledge hereunder shall constitute a lien in favor of the State Water Resources Control Board on the foregoing fund(s) and revenue(s) without any further action necessary.

So long as the financing agreement(s) are outstanding, the City of Livingston commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet its obligations under the financing agreement(s).

If for any reason, the said source of revenues proves insufficient to satisfy the debt service of the DWSRF obligation, sufficient funds shall be raised through increased water rates, user charges, or assessments or any other legal means available to meet the DWSRF obligation and to operate and maintain the project; and

5. The authority granted hereunder shall be deemed retroactive. All acts authorized hereunder and performed prior to the date of this Resolution are hereby ratified and affirmed. The State Water Resources Control Board is authorized to rely upon this Resolution until written notice to the contrary, executed by each of the undersigned, is received by the State Water Resources Control Board.

The State Water Resources Control Board shall be entitled to act in reliance upon the matters contained herein, notwithstanding anything to the contrary contained in the formation documents of the City of Livingston or in any other document.

Passed and adopted this 20th day of February 2018, by the following vote:

AYES:

NOES:

ABSENT:

Jim Soria, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 20th day of February 2018.

Antonio Silva, City Clerk of the City of Livingston

RESOLUTION NO. 2018-_

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON RESCINDING RESOLUTION 2017-07 AND AUTHORIZING THE CITY MANAGER TO SIGN AND FILE A FINANCIAL ASSISTANCE APPLICATION TO THE STATE DRINKING WATER STATE REVOLVING FUND (DWSRF) FOR THE CONSTRUCTION OF ARSENIC AND TCP TREATMENT IMPROVEMENTS AT WELL #16 AND #14

WHEREAS, the City of Livingston {City) has the authority to construct, operate and maintain it water system; and

WHEREAS, the City desires to enhance the provision and protection of the drinking water supplied to the consumers of the City of Livingston.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby resolves as follows:

1. The City Manager {the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the construction of arsenic and TCP treatment improvements at Well #16 and #14 {the “Project”).

2. This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

3. The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.

Passed and adopted this 20th day of February 2018, by the following vote:

AYES:

NOES:

ABSENT:

 
 

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Jim Soria, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting ofthe City Council of the City of Livingston this 20th day of February 2018.

Antonio Silva, City Clerk of the City of Livingston

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