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HomeMy WebLinkAbout6855-6856_CCv0001.pdf 4 f RESOLUTION NO. 6555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING STAFF TO SOLICIT A PROPOSAL FROM THE REDLANDS UTILITY AUTHORITY TO LEASE THE CITY'S MUNICIPAL WATER AND WASTEWATER SYSTEMS AND SETTING A PUBLIC HEARING DATE TO EVALUATE SUCH PROPOSAL WHEREAS, the City of Redlands (the "City") owns and operates those certain municipal water and wastewater systems (the "Enterprise"); and WHEREAS, the City Council of the City of Redlands ("this City Council") desires to solicit proposals for the lease of the Enterprise that will be evaluated on whether (1) residents of the City will be provided equal or better service by the lessee, (2) the proposal results in savings and/or recovery of capital expenditures previously incurred by the City in connection with the Enterprise, and (3) the Enterprise will continue to be subject to local control, ownership and operation; and WHEREAS, this City Council finds, based on the testimony provided by City staff, that a joint exercise of powers agency designated as "Redlands Utility Authority" (the "Authority") to be formed and comprised of the City and the Redevelopment Agency of the City of Redlands, which Authority will be duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Joint Powers Law (Articles I through 4 of Chapter 5, Division 7, Title 1 of the California Government Code) including the power to lease a municipal water system, would be the only entity capable of submitting a responsive proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES RESOLVE AS FOLLOWS: Section 1. The City hereby authorizes staff to prepare a proposal from the Authority to lease the Enterprise. Section 2. A public hearing(the "Hearing") to examine the proposal to lease the Enterprise shall be held on July 21, 2009, at 7:00 p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Redlands, 35 Cajon Street, Redlands, California 92373. Section 3. The City Clerk is hereby directed to publish a notice of the Hearing pursuant to Section 6066 of the Government Code. Section 4. The City hereby appoints Fulbright & Jaworski L.L.P. as special counsel in connection with the proposed lease of the Enterprise pursuant to the fee agreement on file with the City Manager. The Mayor is hereby authorized to execute such fee agreement on behalf of the City. Section 5. The City hereby finds and determines that the City's approval of this Resolution is exempt from review under to the California Environmental Quality Act("CEQA"), pursuant to the State's CEQA Guidelines Sections 15061(b)(3), because it can be seen with certainty that the lease of the City's utility systems will not have a significant effect upon the environment because the approved lessor will be required to operate and maintain the systems in I:Iccterk\Reso1utions:6855 Redlands Utitity Authority.DOC I accordance with all laws, regulations and requirements applicable to the City, and in accordance with all Master Plans and other system plans adopted by the City. Section 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. ADOPTED, SIGNED AND OVED this 7th day of July, 2009. Jon Harrison, Mayor ATTEST: Lorrie Poyzer, City Clerk Lcclerk\Res(Autions\6855 Redlands Utility Authority.DOC 2 RESOLUTION NO. 6556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING THE CREATION OF THE REDLANDS UTILITY AUTHORITY AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Redlands (the"City") has been advised by its staff and consultants that the lease of the City owned municipal water system and wastewater system (collectively, the "Enterprise") to another locally controlled public entity may have long term benefits to the City; and WHEREAS, the City's staff and consultants have recommended that the City consider the lease of the Enterprise to a joint exercise of powers agency comprised of the City and the Redevelopment Agency of the City of Redlands (the"Agency"); and WHEREAS, in order to assist the City in the leasing of the Enterprise, the City and the Agency intend to form a joint exercise of powers agency designated as the "Redlands Utility Authority" (the "Authority") pursuant to a Joint Exercise of Powers Agreement (the "Joint Powers Agreement"), which Authority will be duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Joint Powers Law (Articles 1 through 4 of Chapter 5, Division 7, Title I of the California Government Code) including the power to lease the Enterprise; and WHEREAS, the City hereby finds and declares that entering into the Joint Powers Agreement will be beneficial to persons residing within the City; and WHEREAS, the City Council, with the aid of its staff, has reviewed the Joint Powers Agreement and the City Council wishes to approve the Joint Powers Agreement and matters related thereto; NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Redlands as follows: Section 1. The City hereby approves the creation of the Authority, its membership therein and the Joint Powers Agreement related thereto, substantially in the form attached hereto as Exhibit "A," with such revisions, amendments and completions as shall be approved by a Responsible Officer with the advice of Fulbright & Jaworski L.L.P. Los Angeles, California, as special counsel ("Special Counsel") and the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof. A Responsible Officer shall include any member of the City Council, the City Manager, the City Clerk, the Finance Director, or any official of the City designated by the Mayor or the City Manager as a Responsible Officer. Section 2. The Mayor. the City Manager, the Finance Director, or any other Responsible Officer the City, and each of them, is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. l:Ecclerk',Resolutions`Res 6800-6879%956 Redlands Utility Authority Forniation.DOC I Section 3. The City Council hereby finds and detennines that the Council's approval of this Resolution is exempt from review pursuant to the California Environmental Quality Act ("CEQA") pursuant to the State's CEQA Guidelines Sections 15061(b)(3) and 15378 (13)(5) because it can be seen with certainty that the creation of a new governmental authority will not have a significant effect upon the environment. Section 4. The City Clerk shall certify to the ad tion of this Resolution, and thenceforth and thereafter the same shall be in full force and e ct. ADOPTED, SIGNED AND AP VED this 7th day of July, 2009. Jon Harrison, Mayor ATTEST: Lorrie Poyzer, City Clerk ,t .r I:`cclerk\Resolutions`Res 6800-687916856 Reellan&Utility Authority Formation.DOC 2