HomeMy WebLinkAboutReso 94-040 - Requesting local agency formation commission to take proceedings for the annexation to the COR of uninhabited territory designated City of Redding Annexation No 90-5 (Twin Tower Dr) RESOLUTION NO. c-1-'10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING OF
APPLICATION BY THE CITY OF REDDING REQUESTING THE LOCAL AGENCY
FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION
TO THE CITY OF REDDING OF UNINHABITED TERRITORY DESIGNATED CITY
OF REDDING ANNEXATION NO. 90-5 (TWIN TOWER DRIVE).
BE/T RESOLVED by the City Council of the City of Redding as follows:
WHEREAS, the City of Redding desires to initiate proceedings pursuant to the
Cortese-Knox Local Government Reorganization Act of 1985, Division 3, commencing
with Section 56000 of the California Government Code, for the annexation to the City
of Redding of the uninhabited territory designated City of Redding Annexation No. 90-
5 (Twin Tower Drive); and
WHEREAS, the territory proposed to be annexed is uninhabited and a description
of the boundaries of the territory is set forth in Exhibit "A" and depicted in Exhibit "B"
attached hereto and by this reference incorporated herein; and
WHEREAS, this proposal is consistent with the sphere of influence of the City of
Redding; and
WHEREAS, it is desired to provide that the proposed annexation be subject to
the following terms and conditions:
Agreement between City of Redding and Jeff and Marsha Mora and The
Westlake Group to pay all staff costs and fees associated with processing the
annexation application and formation of a Mello-Roos district to pay for certain City
services; and
WHEREAS, the reasons for this proposed annexation are as follows:
The advantage to property owners within this territory of the availability of
certain City services; and
WHEREAS, a plan for providing services within the affected territory is set forth
in Exhibit "C" attached hereto and incorporated herein by reference, as required by
Government Code Section 56653;
NOW, THEREFORE, BE /T RESOLVED, this resolution is hereby adopted and
approved by the City Council of the City of Redding, and the Local Agency Formation
Commission of Shasta County is hereby requested to take proceedings for the
annexation of territory as described in Exhibit "A," according to the terms and
conditions stated above and in the manner provided by the Cortese-Knox Local �\
Government Reorganization Act of 1985.
BE /T FURTHER RESOLVED that the City Clerk of the City of Redding is
authorized and directed to file a certified copy of this resolution, along with appropriate
fees, with the Executive Officer of the Local Agency Formation Commission of Shasta
County.
/ HEREBY CERT/FY that the foregoing resolution was introduced and read at a
regular meeting of the City Council of the City of Redding on the 1 st day of March,
1994, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS Anderson, Dahl, Kehoe, 14oss and Arnes:
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS ibne
ABSTAIN: COUNCIL MEMBERS None
G
CARL ARN S, Mayor
ATTEST:
�L�
CONNIE STR HMAYER, yClerk
FORMAPPROVED:
RA DALL A. HAYS, City Attorney
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I
EXHIBIT "A "
ANNEXATION 90-5
Beginning at the southwest corner of Section 16, Township 32 North, Range 4
9 9 9
West. Thence North 1 °24'01 " West along the west section line 2,643.44 feet to
the west 1/4 corner of Section 16, Township 32 North, Range 4 West; thence
North 89°48'58" East 1,337.15 feet; thence South 1 °13'44" East 1,444.41 feet;
thence South 48000'17" East 108.33 feet; thence South 74031'46" East 405.27
j feet; thence North 83014'36" East 372.42 feet; thence North 14025'27" East
90.1 feet; thence North 73001'13" East 586.19 feet; thence South 20029'09"
East 1,418.9 feet to a point on the south line of said Section 16; thence along said
' section line North 89056'45" West 3,224.00 feet, more or less, to the point of
beginning.
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ANNEXATION BOUNDARY
CITY OF REDDING BOUNDARY
9500! INCLUSIVE ADDRESSES
RESOLUTION NUMBER
OFFICIAL DATE
AREA: 124.98 A RES
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EXHIBIT B
BOUNDARY MAP CITY OF REDDING
ANNEXATION 90-5
UNINHARITF=n
•
EXHIBIT "C"
PLAN PROVIDING BASIC SERVICES AS REQUESTED BY
SECTION 56653 OF THE GOVERNMENT CODE
REDDING ANNEXATION NO. 90-5, TWIN TOWER DRIVE
WATER - Water is available from the Bella Vista Water District (BVWD) pursuant to the
Terms of the Annexation Agreement (#1949) between the City of Redding and BVWD.
Per the Agreement, should BVWD be unable to provide adequate water services al
some future date, then water will be made available from the City of Redding it
accordance with adopted standards, policies, and payment of fees or connection
charges. Lines will be extended by property owners, in accordance with the Mastei
Water Plan through an assessment district when they want service.
SEWER - Sewers will be provided by the City in accordance with adopted policies,
standards, and charges. Sewer lines will be extended by property owners.
SOLID WASTE - Solid-waste collection will be provided to existing residents after five
years as per State law or when the existing collector chooses to discontinue service,
New customers will be serviced by the City, and all residents may use the City landfill.
STREETS - Existing streets shown on the County Road Log will be maintained by the
City only to the extent they are presently improved. New dedicated public streets will
be constructed according to City standards and maintained by the City accordingly.
At the time of development of the property, all adjoining streets will be improved by
the owner to City standards, and all necessary right-of-way will be dedicated.
POLICE AND FIRE - Upon annexation, police and fire services will be available to the
area. Development will occur in a manner to maintain the City's fire rating.
ELECTRIC - It is the policy of the City of Redding to be the sole provider of electric
service to electric utility customers within the corporate limits. City electric service
will be made available when electric facilities can be purchased or otherwise provided
to the owners in accordance with adopted policies, standards, and charges of the City
of Redding and based on logical extension of the City's electric distribution system.
STORM DRAINAGE - Natural drainage ditches will be maintained by the property
owner through whose property the drain or stream passes.
d:\dl\90-5.cc2
RESOLUTION NO. 94- q/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
AUTHORIZING ENTERING INTO A MUTUAL ASSISTANCE AGREEMENT WITH
THE TRINITY COUNTY PUBLIC UTILITY DISTRICT.
WHEREAS, in December 1992 the Trinity County Public Utility District (District)
experienced a severe snowstorm which caused numerous power outages in its service
area; and
WHEREAS, the City of Redding provided emergency assistance to the District; and
WHEREAS, the attached Mutual Assistance Agreement was drafted for the purpose
of having a document in place that clearly defines the procedures, terms, conditions,
rights, and obligations of the parties requesting and/or furnishing aid in order to allow
for a timely response to future requests for assistance in emergencies such as severe
heat waves, electrical storms, high wind conditions, or other catastrophic incidents;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of
Redding deems it to be in the best interests of the City to enter into the Mutual
Assistance Agreement with the Trinity County Public Utility District, a true copy of
which is attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
Agreement on behalf of the City of Redding; and the City Clerk to attest the signature of
the Mayor and to impress the official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a
regular meeting of the City Council of the City of Redding on the lst day of March ,
1994, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
City of Redding
A EST: FORM APPROV D
CONNIE STROHMA R. Citv Clerk RANDALL . HAYS. Citv Attornev
1 MUTUAL ASSISTANCE AGREEMENT
2
3 ARTICLE I - PURPOSE
4 The purpose of this Agreement is to specify the procedures, terms ,
5 conditions, rights and obligations whereby the City of Redding
6 (COR) , acting through its Electric Utility, and the Trinity County
7 Public Utility District (TPUD) hereinafter the Parties, eithez
8 together or separately, having sustained physical damage to their
9 respective electric systems from natural or other disasters, oz
10 under normal conditions by mutual agreement between their
11 respective Authorized Representatives , may obtain assistance fron
12 each other in the form of personnel, equipment, and materials tc
13 effect repairs to and to perform maintenance on such systems.
14 Except as to assistance provided during conditions of sustained
15 physical damage from natural or other disasters, this Agreement
16 does not apply to work stoppage resulting from labor disputes.
17
18 Neither Party shall be under any obligation to provide assistance
19 except as agreed by the Parties ' Authorized Representatives at the
20 time such assistance is requested.
21
22 ARTICLE II - DEFINITIONS
23 A. Agreement - Means this document (Mutual Assistance Agreement)
24 between COR and TPUD.
25
26 B. Authorized Representative - An employee of COR or TPUE
27 authorized by that Utility to request or grant assistance
1
1 under the terms of this Agreement. A list of Authorized
' 2 Representatives, their positions, and telephone numbers is
3 included as Appendix A. Authorized Representatives shall be
4 identified and documented by letter annually, in July, or at
5 any time Parties change Authorized Representatives.
6
7 C. Requesting Party - The Party which seeks assistance pursuant
8 to this Agreement.
9
10 D. Assisting Party - The Party which agrees to provide assistance
11 to the Requesting Party pursuant to this Agreement.
12
13 E. Period of Assistance - The period of time the Assisting Partj
14 is providing assistance to the Requesting Party, beginninc
15 with the start of transportation of the Assisting Party' s
16ersonnel and equipment f o
pfrom their working base or home (fox
17 personnel called out at other than regular working hours) and
18 ending with their return to same.
19
20
21 ARTICLE III - PROCEDURE
22 This article defines procedures that provide the basis fox
23 effective communication between parties in initiating a request fox
24 assistance, evaluating and responding to a request for assistance,
25 and the necessary conditions and requirements for expeditious
26 coordination between parties when assistance is provided. Requests
1 for assistance, and responses to such requests, shall be directed
2 to the Authorized Representative designated by the respective
3 Parties.
4
5 The Requesting Party shall document and forward all requests fox
6 assistance relating to the incident to the designated Authorizes
7 Representative of the Party from which assistance is requested.
8 Verbal requests shall be followed with a documented record of such
9 request which shall be included as supporting documentation under
10 the terms of this Agreement.
11
12 A. The Requesting Party shall include in a request for assistance
13 sufficient information as is necessary to enable the Partj
14 receiving the request to adequately evaluate its capability tc
15 provide assistance, and to ensure the efficient dispatching of
16 requested resources if assistance is provided.
17
18 B. The Party responding to a request for assistance will evaluate
19 its capability to provide assistance and shall promptly notify
20 the Requesting Party whether and specifically what assistance
21 can be given.
22
23 C. All personnel of the Assisting Party, shall at all times
24 continue to be employees of the Assisting Party and shall at
25 no time and for no purpose be deemed to be employees of the
26 Requesting Party.
3
1 D. Wages, hours and other terms and conditions of employment in
2 effect for personnel of the Assisting Party shall be utilized
3 for determinations related to costs and personnel disposition
4 for the Assisting Party incurred during any incident where
5 such Party provided assistance.
6
7 E. The Assisting Party may at any time and using its sole
8 judgement and discretion, withdraw any or all personnel and
9 equipment furnished to the Requesting Party. The Assisting
10 Party agrees to provide notice in advance of such withdrawal
11 as deemed operationally practicable by the Assisting Party' s
12 Authorized Representative.
13
14 F. Assisting Party personnel performing work assignments may be
15 kept together as a crew or crews, or may be interspersed with
16 personnel of the Requesting Party or personnel of other
17 parties as agreed by the designated supervisors of the
18 Assisting Party and Requesting Party. All clearances, tagging
19 and switching shall be performed by Requesting Party personnel
20 regardless of the deployment of Assisting Party personnel.
21
22 G. Under circumstances where Assisting Party personnel are
23 working as independent crews not under the immediate
24 supervision of Requesting Party personnel, the personnel of
25 the Assisting Party shall follow work procedures , safety anc
26 tagging rules of the Assisting Party at all times and remain
4
1 under the direct supervision and control of the designated
2 supervisory personnel of the Assisting Party. Any conflict or
3 inconsistency between the rules of the Assisting Party and
4 Requesting Party shall be resolved between the respective
5 supervisors before the work that gave rise to the conflict or
6 inconsistency is allowed to be performed. Representatives of
7 the Requesting Party shall provide work assignments and
8 suggest schedules to the supervisory personnel of the
9 Assisting Party. However, the supervisory personnel of the
10 Assisting Party shall have the ultimate responsibility and
11 authority for establishing work schedules for and assigning
i 12 work to crews and personnel of Assisting Party.
i
13
I
14 H. Under circumstances where the personnel of the Assisting Party
15 are interspersed with personnel of the Requesting Utility, the
16 Requesting Party shall provide all such information necessary,
17 including information specific to unique systerr
18 characteristics, to help Assisting Party personnel perform
19 safely and efficiently as members of the Requesting Party' s
20 crew.
21
22 I . The Assisting Party shall at a minimum: ( 1 ) maintain daily
23 personnel time records, records of equipment hours and/or
24 mileage, records of supplies or materials used; ( 2 ) be
25 responsible for the operation of the equipment furnished by
26 the Assisting Party; ( 3 ) be responsible for maintenance of the
5
1 equipment furnished by the Assisting Party, except as to the
2 cost for such maintenance as otherwise provided by this
3 Agreement; and ( 4) report work progress to the Requesting
4 Party.
5
6 J. The Requesting Party shall have the responsibility and expense
7 of providing food and lodging for the personnel of the
8 Assisting Party from the time of their arrival at the
9 designated location to the time of their departure. The food
LO and lodging provided shall be of reasonable quality and
Ll subject to the approval of the Assisting Party.
L2
L3 K. The Assisting Party shall provide its personnel with the
L4 normal and customary working and protective equipment used by
L5 the Assisting Party.
L6
L7 L. The Requesting Party shall be responsible for overall field
18 communication between Assisting Party personnel and Requesting
19 Party personnel within the boundaries of the Requesting
20 Party' s electric system. The Authorized Representatives of
21 the Parties shall consider communication requirements and the
22 supervisors of both Parties shall coordinate the use of
23 communications equipment provided.
24
25 M. The Assisting Party shall, at its expense, pay for all repairs
26 on its equipment necessary to maintain such equipment in
6
1 safe and operational condition while in transit to and fron
2 the Requesting Party.
3
4 N. Unless otherwise agreed by the Parties ' Authorized
5 Representatives, the Requesting Party shall, at its expense,
6 provide fuels, miscellaneous supplies , and repairs (not caused
7 by operator error or existing equipment condition) for the
8 Assisting Party' s equipment from the time of arrival to the
9 time of departure from the Requesting Party' s electric service
LO area. All expenses paid by the Assisting Party or its
Ll personnel pursuant to such an agreement shall be reimbursable
L2 expenses.
L3
L4 O. The Requesting Party, unless otherwise agreed by the Parties '
L5 Authorized Representatives, shall make arrangements for and
L6 pay the expense of special transportation requirements of
L7 personnel, equipment, and materials provided by the Assistinc
L8 Party to and/or from the designated location within the
L9 Requesting Party' s electric service area.
20
21 ARTICLE IV - REIMBURSABLE EXPENSES
22 The Requesting Party shall reimburse the Assisting Party for all
23 costs and expenses incurred by the Assisting Party in renderinc
24 assistance. Such costs and expenses shall be determined by the
25 Assisting Party and billed in accordance with the Assistinc
26 Party' s standard rates and accounting practices and shall include,
7
1 without limitation, the following:
2
i
3 A. Personnel - Direct and indirect payroll costs ( salaries and
4 wages) including, but not limited to, employee pensions and
S benefits, and two-thirds ( 2/3 ) of the cost of any workers '
6 compensation claims filed by Assisting Party personnel
7 relating to injuries received while performing work on or
i
8 enroute to and from receiving Party' s service area.
9
10 B. Equipment - Except as otherwise provided by this Agreement,
11 reimbursement for the use of automotive and similar type
12 equipment shall be in accordance with the Assisting Party' s
13
pre-established hourly and/or mileage rate. Unless otherwise
14 agreed by the Parties ' Authorized Representatives, the
15 Requesting Party shall promptly replace equipment destroyed
16 or damaged beyond repair while being utilized pursuant to this
17 Agreement, provided such destruction or damage is not due tc
18
gross negligence or willful misconduct by personnel of the
19 Assisting Party.
20
21 C. Living Expenses - Reasonable costs for living expenses
22 including meals , lodging and personal expenses ( such as
23 laundry and communications services) , incurred by personnel of
24 the Assisting Party while enroute to and from, and while
25 stationed within the Requesting Party' s electric service area.
26
8
1 D. Materials and Supplies - Costs for materials , supplies , and
2 tools furnished by and returned damaged or not returned to the
I
3 Assisting Party, provided such damage is not due to gross
4 negligence or willful misconduct by the Assisting Party' s
5 personnel, plus fifteen percent ( 150 ) of such costs to cover
6 supply and tool usage expense.
7
8 E. Transportation - Transportation of personnel, equipment,
9 material, supplies, and tools to and from Requesting Party' s
10 designated site and the Assisting Party' s working base or home
11 (for personnel called out at other than normal working hours ) .
12
13 F. Additional costs incurred by the Assisting Party due to the
14 absence of personnel or equipment, such as increased
15 construction costs, equipment rental expenses, etc.
16
17 G. Administrative and general expenses applicable to the total
18 costs and expenses incurred by the Assisting Party.
19
!, 20 ARTICLE V - PAYMENT
21 Unless otherwise mutually agreed, the Assisting Party shall furnish
' 22 the Requesting Party with an invoice which includes a detailed
23 statement of all reimbursable expenses paid or incurred by the
24 Assisting Party or the Assisting Party' s personnel. The Requestinc
25 Party shall pay such expenses in full within thirty ( 30 ) days of
26 receipt of the invoice. Disputes over invoices shall be resolved
9
1 irrespective of payment through the use of such rights and remedies
2 available at law or equity, good faith negotiation, or binding
3 arbitration in accordance with Article VIII of this Agreement.
4
5 ARTICLE VI - AUDIT
6 A. The Requesting Party reserves the right to designate its own
7 qualified employee representative( s) or its contracted
8 representative( s) , including a certified public accounting
9 firm who shall have the right to audit and to examine any
LO cost, payment, settlement, or supporting documentation
L1 resulting from any item set forth in this Agreement. Any such
L2 audit(s) may be undertaken by the Requesting Party or its
L3 representative( s) , upon notice, at reasonable times in
14 conformance with generally accepted auditing standards. The
L5 Assisting Party agrees to reasonably cooperate with any such
16 audit(s) .
17
18 B. Notice of intent to audit shall be given within thirty ( 30 )
19 days of receipt of the invoice set forth in Article V of this
20 Agreement. The right to audit shall extend for a period of
21 two ( 2) years following the date of notice, and the cost for
22 any such audit shall be at the expense of the Requestinc
23 Party. The Assisting Party agrees to retain pertinent records
24 and documentation for the duration of the audit.
25
26 C. The Assisting Party will be notified in writing of ani
10
I '
I
1 exception taken as a result of the audit. In the event of a
2 disagreement between the Requesting Party and the Assisting
3 Party over audit exceptions, the parties agree to resolve
4 their differences through good faith negotiation or binding
5 arbitration according to Article VIII of this Agreement.
6
7 ARTICLE VII - TERMINATION OF AGREEMENT
8 Either Party may withdraw from this Agreement by providing the
9 other Party with at least twenty-four ( 24 ) hours prior written
10 notice. Such notice shall not affect any obligations which may
11 have been incurred prior to its effective date or which may arise
12 out of events occurring prior to such date. Termination of the
13 Agreement by either Party concurrent with provision of service by
14 the Assisting Party shall only be effective for such service
15 following completion of all obligations by the Parties relating to
16 such service pursuant to this Agreement.
17
18 ARTICLE VIII - DISPUTE RESOLUTION/BINDING ARBITRATION
19 In the event of a dispute arising between the Parties to this
20 Agreement, or if ninety ( 90 ) days or more have passed since notice
21 of audit exception was received by the Assisting Party, and the
22 Parties have been unable to resolve such dispute, the Parties agree
23 to resolve the dispute by means of binding arbitration conducted
24 under the labor arbitration rules and procedures of the American
25 Arbitration Association. The Parties shall first endeavor to
26 select a single arbitrator who, by reason of his/her education and
11
1 experience, is mutually acceptable to both Parties. If the parties
2 are unable to agree upon a single arbitrator, they shall each
3 choose one ( 1 ) arbitrator, and the two arbitrators thus selected
i
4 shall choose a third arbitrator to form a three-member panel to
I
5 hear and resolve the dispute. The arbitration shall be conducted
6 in the town of the home office of the Assisting Party or such other
7 location that may be agreed to by the Parties. The costs of the
j 8 arbitration shall be allocated in accordance with established rules
i
9 of the American Arbitration Association. Each Party shall bear its
i
10 own costs, including the cost of the arbitrator it selects in the
11 event a three-member panel is chosen, and the expenses of the
12 single or neutral arbitrator will be divided equally.
13
i 14 ARTICLE IX - APPLICABLE LAW
15 This agreement shall be governed by the laws of the State of
i
16 California.
17
18 ARTICLE X - SEVERABILITY
19 If any section, paragraph, clause, or provision of this Agreement
20 shall be finally adjudicated by a court of competent jurisdictior
21 to be invalid, the remainder of this Agreement shall be unaffected
22 by such adjudication and all of the remaining provisions of this
23 Agreement shall remain in full force and effect as though such
24 section, paragraph, clause, or provision or either part thereof sc
25 adjudicated to be invalid had not been included herein.
26
12
I
1 ARTICLE XI - WAIVERS AND AMENDMENTS
2 Failure of either Party to enforce any provision of this Agreement,
3 or to require performance by either Party of any of the provisions
4 hereof, shall not be construed to waive such provision, nor tc
5 affect the validity of this Agreement or either part thereof , or
6 the right of either Party to thereafter enforce each and every
j 7 provision. This Agreement may not be altered or amended, except by
8 a written document signed by both signatories.
9
10 ARTICLE XII - INDEMNIFICATION
11 The Requesting Party shall indemnify and hold harmless the
12 Assisting Party, its officers, agents, contractors, and employees ,
13 including all assisting personnel, from and against all loss,
i
14 damage, cost, expense, and liability resulting from injury to oz
15 death of person or damage to, or destruction of property, including
16 the loss of the use thereof, arising out of or in any manner
i 17 connected with the rendering of assistance by Assisting Party,
I
18 excepting only such loss, damage, cost, expense, or liability, as
I
19 may be caused by the gross negligence or willful misconduct of the
20 Assisting Party' s officers, agents, employees, including assisting
21 personnel, contractors or persons employed by such contractors.
22 The Requesting Party shall, at its sole cost and expense, on the
23 Assisting Party' s written request, defend any suit to final
24 judgement asserting a claim covered by this indemnity.
25
26
13
1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement
2 to be executed by their respective officers and shall be effective
3 as of the latest date written below.
CITY OF REDDING
I By
Carl Arness
Title Mayor
i
Date
i
TRINITY COUNTY PUBLIC UTILITY DI TRICT
i
By
Werner G. Bueh er
Title General Manager
Date OZ
i
6
Ci 'i
i
14
MUTUAL ASSISTANCE AGREEMENT
APPENDIX A
City of Redding Authorized Representatives -
Sam Lindley, Director, Electric Utility
Telephone Number: 224-4350
Alternate: 244-4791
FAX: 224-4389
Frank Ryan, Electric Utility Operations Manager
Telephone Number: 245-7017
Alternate: 241-9136
FAX: 224-4389
Bill Keys, Electric Utility General Foreman
Telephone Number: 224-4387
Alternate: 365-3152
FAX: 224-4389
Trinity County Public Utility District Authorized Representatives -
Werner Buehler, General Manager
Telephone Number: 623-5536
Alternate: 623-4942
FAX: 623-5549
Richard Laudahl, Electric Superintendent
Telephone Number: 623-5536
Alternate: 623-4607
FAX: 623-5549
15