HomeMy WebLinkAboutResolution 97-337 12/15/19971
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ReSOIUttOCI NO. 97-337 NC.S.
of the City of Petaluma, California
REGARDING RECEIPT OF ESTIMATED COSTS FOR THE PUBLIC
PROJECT EVALUATION FROM THE SONOMA COUNTY WATER AGENCY
PURSUANT TO THE CITY'S EFFORTS TO CONDUCT THE PROJECT
EVALUATION REQUIRED BY THE LOCAL GOVERNMENT
PRIVATIZATION ACT OF 1985 FOR THE CITY OF PETALUMA
WASTEWATER TREATMENT FACILITIES PROJECT
WHEREAS, the Local Government Privatization Act of 1985 requires the City to
evaluate .the privatization project with a conventionally financed project and other
alternatives to the project;
WHEREAS, the Sonoma County Water Agency, in a letter to the City dated Apri] 28,
1997, offered the services of the Sonoma County Water Agency to assist the City in
conducting the project evaluation required by the Local Govemment Privatization Act;
WHF,REAS, the Sonoma County Water Agency, in its document titled Recycled Water
20 'Workshop (September 8, 1997), described its proposal to contract with the City of
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Petaluma selected vendor for the design and construction of Petaluma's new wastewater
treatment facility;
WHEREAS, the City Council directed Staff to evaluate the Sonoma County Water
Agency's involvement in Petaluma's project and referredthe matter to the Citizens'
Wastewater Advisory Committee (Committee) for the Committee's review and
recommendation;
WHEREAS, the Citizens' Wastewater Advisory Committee issued its recommendations
to the City Council in a memorandum dated November 18, 1997;
WHEREAS, the Citizens' Wastewater Advisory Committee stated that the Sonoma
County Water Agency's involvement in Petaluma's wastewater facilities project could
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not be in the form of a proposal since consideration of any proposals that were: 1) not
2 solicited by the City, and 2) not provided in response to the City's Request For Proposals,
3 would constitute a significant departure from the process the City has established for Che
4 project and could place the place the City in an untenable legal position;
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6 WHEREAS, should the Sonoma County Water Agency propose to enter into a design-
? build contract with the City's selected vendor pursuant to Government Code ~ 5956-
8 5956.10, it would possibly represent a serious conflict of interest;
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10 WHEREAS, the Citizens' Wastewater Advisory Committee recommended that if the
] 1 Sonoma Cormty Water Agency is interested in assisting the City in conducting the
12 evaluation required by the Local Government Privatization Act of 1985, that the
13 assistance be provided in the form of independent, detailed estimates for the public
14 project evaluation, and not a proposal;
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16 WHEREAS, the Citizens' Wastewater Advisory Committee recommended that the City
17 proceed with conducting its own independent evaluation of a publicly financed project
18 under the City's control and authority to meet [he requirements of the Local Govemment
19 Privatization Act of 1985;
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21 NOW THEREFORE BE IT RESOLVED by the Petaluma City Council that if the
22 Sonoma County Water Agency is interested in assisting the City in providing an estimate
23 of costs for the public project evaluation, that the assistance shall be provided in the fom~
24 of independent, detailed estimates, and not in the form of a proposal, bid or similar
25 document;
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27 QE IT FURTHER RESOLVED by the Petahuna City Cormcil that the Sonoma County
28 Water Agency's estimated costs shall be explicitly and solely based on the exact
29 privatization proposal selected by the Petaluma City Counci] and any modifications that
30 may occur to the selected privatization proposal during contract negotiations;
Reso. 97-337 NCS
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BE IT FURTHER RESOLVED by the Petaluma City Council that the City, in its sole
discretion, may consider the Sonoma County Water Agency's public project cost
estimates;
BE IT FURTHER RESOLVED by the Petaluma City Council that the City shall also
conduct its own independent evaluation of the privatization project with a conventionally
financed project as required by the Local Government Privatization Act in accordance
with the process established by the City.
Under the power and authority conferred upon tlus Council by the Charter of said City
REFERENC&: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
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Council of the City of Petaluawat a (Regular) (XB.~KiFYeN~l(S[~ meetin form
on the ....1.`ath..........-. day of .............I~RC.2IIll~eC--..........._......._, 19...97. by the..
following vote:
Cit Attorney
AYES: Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: Read
ABSENT: N ne
ATTEST: .. .....__......._ ............................_..._....~.._.
City Clerll,,-~
c:\icsolutiU 997\scwal.doc Comcil File..._......
CA t<)~N.rl 2rs. No. _.~.1,-a1R,1,
Mayor
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N C.S.