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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1991-02-25 - Adjourned Regular Meeting1 02/25/91 City Council, Adjourned Regular Meeting Redding Convention Center, Room 125 Redding, California February 25, 1991 6:35 p.m. Mayor Buffum called the Adjourned Regular Meeting of the Redding City Council and Joint Meeting with the Shasta County Board of Supervisors and Anderson City Council to order with the following Council Members present: Dahl, Fulton, Moss and Buffum. Council Member Arness was absent. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Planning and Community Development Perry, Senior Planner King, City Clerk Nichols and Secretary/Stenographer Rudolph. Shasta County Board of Supervisors present were: Bosworth, Clarke, Johannessen, Sullivan and Wilson. Also present were Chief Executive Officer Johnson, Assistant Chief Executive Officer Albright, Acting County Counsel Jahr, Director of Community Services Preston, and Clerk of the Board Taylor. Anderson City Council present were: Cannan, Mower, Walsh and Smolenski. Council Member Lewis was absent. Also present were City Manager Murphy and City Clerk Hensley. Mayor Buffum announced that the purpose of the meeting is for a study session between the City of Redding, the City of Anderson, and the Shasta County Board of Supervisors regarding the annexation property tax apportionment policies and the firing range. ANNEXATION - PROPERTY TAX APPORTIONMENT POLICIES (T-010-650 & A-150) Supervisor Wilson stated there is a common misconception that Shasta County services are provided only to people living outside the city limits of Redding and Anderson. While it is true that each entity has departments that provide specific services to the residents within their boundaries, such as law enforcement, planning, and public works, Shasta County provides numerous services to all of the people who live in the County. She indicated a few examples listed on the report entitled "The Cost of Providing County Wide Services", incorporated herein by reference. Supervisor Wilson also reviewed the "Percentage of Property Tax Shares" for the fiscal years 1980-1981 and 1990-1991, incorporated herein by reference. Council Member Dahl indicated that the majority of the property tax percentage increase from fiscal years 1980-1981 to 1990-1991 took place in the incorporated areas. Supervisor Clarke commented that projects which start in the County ultimately end up in the incorporated areas through annexation, therefore, contributing to the percentage difference. Mayor Buffum communicated that the City of Redding presently has 14 annexations awaiting Shasta County approval of property tax exchange before being forwarded to LAFCO for processing. In order to expedite these pending annexations, she stated it was the City of Redding's desire to reach a consensus regarding annexations and the property tax percentage division. Shasta County Chief Executive Officer Johnson expounded on the reports which Supervisor Wilson previously referenced and stated the County's studies indicate the County only receives $.77 in revenue for every $1.00 spent providing services to an annexed area. The Board told County staff that this could not continue to happen. With the current property tax split of 54% to County and 46% to City, the Board would be taking County reserves to offset the added cost of services in incorporated areas. With the Board needing to retain 100% of the property tax base, it was suggested that the City implement an annexation buy-in fee. This fee 2 02/25/91 would be based on the investment the City has already paid for in the form of City Halls, Fire 3 02/25/91 Department, Police Station and fixed assets in the subject area, and based on this investment, one would buy corporate stock based on documented fees. Another reason for the property tax retention is once an area is annexed, the County gives up its portion of the remaining tax sources, i.e., sales tax, motor vehicle in lieu taxes, transient occupancy, franchise, etc. Mr. Johnson further stated that the County currently receives 28.04% of the property tax share on a County wide level and 30.3% within the unincorporated areas. Even at 28%, the County is still losing $.23 on every $1.00 spent for County wide services, i.e. criminal justice related, court related, welfare related, health related, etc. Council Member Moss opined undeveloped acreage worth $4,000 in the County, once developed and annexed, could be worth $400,000 per acre in the City. The property tax jump from $40 per acre can increase the County's income due to the annexation, whereas, otherwise it will remain undeveloped and the property tax income will remain minimal. He said the pie charts are without relevance and they obfuscate the issues. Supervisor Johannessen commented that with each annexation the cities receive greater benefits than the County. The County is still mandated to provide various services to these annexed areas. As previously indicated, once an annexation occurs, the County loses $.23 for each $1.00 spent on mandated services. He said it is a matter of equity. Supervisor Clarke reiterated that the County also loses the benefit of sales tax income, franchise tax, transient occupancy tax, etc. She opined that in order for the County to survive, it is going to have to maintain some of this income generating property within the County. Supervisor Johannessen quoted the following figures concerning the agencies receipt of sales tax revenue: State-wide Average - $93.19; City of Anderson Average - $83.95; City of Redding Average - $154.07; and Shasta County Average $27.54. The County needs to maintain the property tax base in order to remain whole. Council Member Dahl opined that unfunded State mandates are causing the County's financial problem, thus causing the manipulation of city coffers to enable the County to survive. He stated that the City's revenues are also being depleted with the newly initiated booking fee and tax collecting charges being imposed on the cities by the County, as well as the City being called upon to assist in the funding of the library system, all coming from the City General Fund. He indicated that if the County maintains 100% of the property tax base, next, the County will be asking for a portion of the sales tax revenue. As to Mr. Johnson's suggestion of an annexation buy-in fee, this just adds an additional fee burden to the homeowner. In addition to the County wide services provided daily, City services are impacted as well; County residents who work within the City limits use City roads and rely upon City Police and Fire Departments. He said the process of making one entity poorer to support the other is only a short term solution. He said the problem must be solved at the State level. Mayor Buffum expressed concern over why the County did not implement development fees, i.e. traffic impact fees, etc. She indicated that the City has increased by some 25,000 people, but it is in a pay-as-you-go mode. Supervisor Johannessen recognized that the State is the culprit of the County's financial situation and he recently appeared before a Senate Committee concerning SB 2557 and SB 169. He also indicated that the fees being generated are not near enough to fill the gap in the County budget. Supervisor Clarke explained the County does have a traffic impact fee program, however, before a project reaches that development stage, it is annexed into a city. She said it seems to be assumed that if it is going to be developed, it has to be annexed to a city. She said she does not believe that is true; the County must develop within its own boundaries and maintain that tax base within the County. 4 02/25/91 In response to Council Member Dahl, Supervisor Sullivan remarked that the sales tax redistribution is being looked at on a State wide basis and one of the primary issues is land use development. She stated that citizens in unincorporated areas subsidize incorporated areas; that the issue is equity. Council Member Dahl opined the State is not looking at sales tax redistribution because of land use development, but redistribution at the local level because the State does not want to deal with the problem. With the redistribution of sales tax, you deplete the City's resources, thus diminishing the quality of life standards and the public safety presently provided. He said sales tax revenues are not sufficient to pay for the Police Department and Fire Department and noted that the City's daytime population is greater than its nighttime population. Supervisor Sullivan indicated, that out of economic necessity, shopping centers may have to be developed in the unincorporated areas, thus providing the County with sales tax revenue. She referenced all the services provided by the County. Supervisor Johannessen stated he has no argument that the financial problem rests with the State, but there are services that the County is mandated to provide in both unincorporated and incorporated areas, and all the County is trying to do is distribute the funds more equitably so the County can remain whole when an annexation occurs. For this to be accomplished, the County must retain 100% of the current property tax base, and that 77% be given to the County and 23% to the City on future increments. Supervisor Bosworth commented that in order for all parties concerned to survive, it is the responsibility of the governmental officials present to determine an equitable method of dividing the benefits when an annexation occurs. Mayor Buffum opined that possibly annexations are not the real issue, and talk should be along the lines of developing a sales tax agreement; and thereby would not be building competing corridors of urbanization, which is not good planning. Some of the mandated programs should be done on a fair share basis. Council Member Dahl stated Council is in no position to endorse the sales tax issue. Council Member Smolenski said that the City of Anderson does not have any excess sales tax to be negotiated with. He also stated the annexation issue does not have a direct affect on Anderson at this time, however, he does not want to get into a position of competing with one another in urban development. Presently, Interstate 5 is an urban corridor and is being annexed to cities because of the services which can be provided. He addressed the issue of the possibility of Central Valley being incorporated and opined that the County would lose more property tax through this occurring than through annexations. Mr. Johnson responded that in the incorporation of a city, the property tax is determined by a formula set forth in the State Government Code and depends on what taxes are currently being collected in the area, what services the County would be giving up, and what percent of those services are funded by the property tax, and at best, the city would get 23%. It would not be negotiated by the County or city, but determined by LAFCO. Council Member Dahl inquired as to the City's cost of annexing a residential area, as such things as the cost of electrical services increases, as well as the cost of providing public safety. With each annexation the possibility of needing an additional fire hall and police substation increases. These funds will come out of the City's general fund, therefore, in addition to the County's costs increasing, the City's costs also increase. Supervisor Johannessen explained that the sales tax agreement which Mayor Buffum is proposing will come one day whether the County or cities like it or not. There is presently seven square miles of property proposed for annexation into the City of Redding. The main issue now is what can be done to ensure that the County stays out of bankruptcy and the County is 5 02/25/91 not taken over by the State. He said an unhealthy County will not serve the city well, and an unhealthy city will not serve the County well. A common ground needs to be found. 6 02/25/91 It was noted that the Cities of Anderson and Redding and the County cannot afford to give up the base they have. An agreement needs to be reached on future taxes. Council Member Walsh indicated the Factory Outlet infra structure had used up the City of Anderson's sales tax revenue for years to come. In addition, the City's general fund is being depleted by such things as booking fees, thus the City is running on almost no income and he opposes the City giving up any sales tax revenue. Supervisor Bosworth indicated that another meeting date should be set so additional recommendations can be presented. Council Member Dahl asked if the County intends to remain status quo or change the existing Property Tax Agreement. Supervisor Clarke responded that the County would now retain 100% of the property tax base, with the County receiving 77% and the City 23% of future increments. In response to Mayor Buffum, City Manager Christofferson indicated that the City is in the process of borrowing some software in order to compute the City's costs for annexation. Supervisor Clarke inquired if an agreement would have to be reached that would hold true for every annexation or if they could be taken one at a time and move the projects forward. Mr. Christofferson responded that there is already a long standing Master Agreement in place. Council Member Moss stated there is still property available in the City for development if annexation is no longer an option. However, he opined that the County's problem is revenue and the County would receive more benefit by allowing annexations. A $5,000 piece of property in the County presently only generates $15 worth of property tax, once annexed to the City and developed residential with three homes would now provide $900 per acre and enable the County to discontinue police, fire, and public works services to this area. Confusing sales tax with residential makes the issue more complicated than it really is. Supervisor Sullivan responded that just because the property has been developed and annexed, the County's cost of business does not decrease. The County does not lay off a Deputy Sheriff or a member of Planning staff because the County no longer serves this area. The County needs to find a revenue source to continue providing mandated services to these annexed areas. Council Member Moss opined the County is better off letting this land be annexed to the City than just letting it remain undeveloped. It is not fair to hold developers hostage while the County looks for a source of revenue. Supervisor Sullivan stated that the County does not lose its responsibility for providing such things as environmental health, a jail, the court system, justice system, etc. When people move into these areas, the County's cost of doing business increases and the County needs to find a way to continue paying for these services. Council Member Fulton noted that developers of shopping centers seek out City services. Council Member Dahl observed that the type of buyers in new subdivisions are not heavy users of the jail and on welfare. He acknowledged that some agreement needs to be reached in dealing with annexations and proposed the formation of a committee comprised of two representatives from each governmental body. City of Redding Planning Director Perry indicated that most of the pending annexations are residential in nature. Council Member Smolenski commented that even though the annexation issue does not affect the City of Anderson at the present time, they would like 7 02/25/91 to be included in any discussions, so as to develop a joint agreement between the three parties. Mayor Buffum commented that the Redding City Council would like to talk about piece meal annexations and look at offer/counter offer and arrange for another meeting between the three entities within 30 days to discuss this issue. All parties were in agreement. RECESS At the hour of 8:00 p.m., Mayor Buffum declared the meeting recessed. At the hour of 8:18 p.m., Mayor Buffum reconvened the meeting to regular session. FIRING RANGE (C-070-010-050) City of Redding Senior Planner King presented a brief overview of the firing range issue. The current site (owned by Mr. Finazzo) being considered is 14 minutes from Redding off of Iron Mountain Road, two miles north of Keswick, and comprised of 123 acres surrounded by thousands of acres of Bureau of Reclamation and Bureau of Land Management property. The primary purpose for this firing range is to accommodate the training needs of law enforcement personnel from various governmental entities and for Hunter Safety programs. Due to the proximity of residences in the Mary Lake area, it is anticipated that the Record Range will not be able to continue operations much longer. He also indicated that there are currently 47 known illegal ranges located within the County. By providing a safe, regulated place for the public to shoot, indiscriminate shooting can be eliminated. The same safety measures that would have applied to the Hunt Ranch are being proposed for this location. There is an adequate 6,000 acre buffer and also parking area. Supervisor Bosworth commented that an added feature of this site is the proximity of the designated off road vehicle area. Mr. King stated that the Bureau of Land Management (BLM) has indicated the area could accommodate the range, however, in order for them to officially respond, the site will need to be officially submitted to the BLM for review. Mr. King said he has walked the site with Bureau of Reclamation officials and the only concerns are in regards to noise impact on the recreational trail system, and these items will need to be addressed if the project goes forward. In order to proceed with an unified approach, Mayor Buffum stated the Redding City Council is trying to find a solution to this need and would like to know if it is the intention of both Shasta County and the City of Anderson to support this effort. Council Member Smolenski responded that the Anderson City Council had adopted a resolution at its last meeting giving conceptual support to the firing range. Council Member Walsh stated that although not directly stated in the resolution, the Anderson City Council backs the use of condemnation if necessary. Supervisor Bosworth indicated he is in strong support of the firing range, and, in addition, the proposed location could lend itself to other beneficial uses, i.e. educational and fishing. He specified that he had not had any contact with the land owner and does not want to use condemnation unless absolutely necessary. In response to Mayor Buffum's question, Mr. Christofferson stated an agreement has not been reached on price, as the property owner is expecting more than the appraised value. The property owner, Mr. Finazzo explained that the property was purchased with the intention of retaining it for 20 to 30 years. His first contact with the City was when he found Mr. King on the property without permission. He stated he told Mr. King he will not sell the property for less than $10,000 an acre. 8 02/25/91 Mr. King commented that the City received a letter from Mr. Finazzo indicating he would be willing to discuss the sale of the property. In response to Mr. Finazzo's trespassing allegation, Mr. King stated that the property owner according to Assessor records, Santa Fe Real Estate, was contacted and authorized the City to look at the subject land. After Mr. Finazzo indicated he owned the property, Santa Fe Real Estate was again contacted and admitted that the property had sold and apologized for the error. Council Member Walsh noted that Mr. Finazzo has a right to secure his own appraisal to formulate a fair price in today's market, but he is talking about tomorrow's market. Supervisor Wilson indicated her support for the firing range site and that it is a logical use for that property and will well serve the people of the County. Supervisor Bosworth stated he has received a lot of favorable input and he has no problem endorsing the location and felt it was capable of accommodating additional uses. His only regret is that it cannot be acquired without using eminent domain proceedings. Council Member Fulton commented that the property owner has a fixed amount in mind, and he does not support condemnation proceedings and another location should be sought. Council Member Walsh stated that he has walked the property, along with Council Member Smolenski and City of Anderson Chief of Police, and is very supportive of the location. Council Member Smolenski noted that the site can be accessed by a paved road and that power and water are there, and believes it will be a good regional recreational site. Council Member Moss voiced his strong support for a regional firing range and opined this site will accommodate a very nice facility. He also commented that there are Federal and State monies available on an on-going basis, and at present, no other facility in Northern California is eligible to use these funds. As the courts will ensure Mr. Finazzo receives a fair market value for the property, he stated he also favors the use of eminent domain proceedings. Council Member Dahl concurred with Council Member Moss and opined that if this site is not chosen, it would be difficult to locate another site to accommodate a firing facility in Shasta County. He also commented that it is one of the best sites that has been looked at. If an agreement cannot be reached with Mr. Finazzo, he also favors the use of eminent domain proceedings. As tax payers dollars are being dealt with, a fair market value must be paid without being gouged. Supervisor Clarke indicated her family is involved in shooting and presently there is not a location available to accommodate such things as rifle siting, etc. A place for safe shooting needs to be provided. In addition, law enforcement personnel need a facility that meets all the necessary requirements to ensure proper training. She can support eminent domain proceedings if an agreement cannot be reached with the property owner. Supervisor Sullivan voiced her support, with her only concern being the use of condemnation which should be a last resort. Supervisor Johannessen commented that he agreed with all the reasons previously stated, and there is a clear need for the firing range. He indicated that if necessary eminent domain proceedings should be used, thus ensuring Mr. Finazzo a fair market value for the property. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that the City of Redding endorse moving ahead with the firing range project on the Finazzo property, using eminent domain as a last resort, and directing the Mayor to put together a sub-committee with the County and the City of Anderson to determine the lead agency on the project, joint powers status, and funding. 9 02/25/91 The vote was as follows: Ayes: Council Members: Dahl, Moss & Buffum Noes: Council Members: Fulton Absent: Council Members: Arness MOTION: Made by Supervisor Bosworth, seconded by Supervisor Clarke, to move forward with the firing range project on the proposed property, using eminent domain as a last resort, and directing the Chairman of the Board to work with the Mayor of Redding to put together a sub-committee with the cities to determine joint power status and funding, but designated the City of Redding as the lead agency on the project. The vote was as follows: Ayes: Supervisors: Bosworth, Clarke, Johannessen, Sullivan & Wilson Noes: Supervisors: None Absent: Supervisors: None As the City of Anderson had already adopted a resolution, no action was necessary on their part. ADJOURNMENT There being no further business, at the hour of 8:57 p.m., Mayor Buffum declared the meeting adjourned. APPROVED: __________________________________ Mayor ATTEST: ______________________________ City Clerk