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HomeMy WebLinkAboutMinutes - City Council - 1996-02-2027 City Council, Special Meeting City Council Chambers 1313 California Street Redding, California February 20, 1996 6:30 p.m. The meeting was called to order by Mayor Kehoe with the following Council Members present: P. Anderson, R. Anderson, McGeorge, Murray and Kehoe. Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate, Director of Administrative Services Starman, Director of Public Works Galusha, Director of Electric Utility Lindley, Electric Utility Rates & Economics Analyst Graves, Fire Marshal Del Carlo, City Clerk Strohmayer and Secretary to the City Council Rudolph. ELECTRIC INDUSTRY RESTRUCTURING AND ISSUES FACING PUBLIC POWER (E-120) Electric Utility Director Lindley introduced Ken Mellor of R. W. Beck & Associates. He stated that this evening's presentation was made possible through the City's affiliation with the Northern California Power Agency (NCPA). Mr. Mellor's presentation to the City Council regarding competition strategies for public power highlighted the following areas: 1) Restructuring and Competition: a) Restructuring started in 1978 with the passage of the Public Utility Regulatory Policy Act. b) The 1992 Energy Act stated that energy transmission would be available to all entities on an equal and fair basis. C) Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rule Making which will again change what is occurring with public power. d) California is moving toward Performance Based Pricing, thereby making investor-owned utilities more competitive. 2) California Public Utility Commission (CPUC) Restructuring: a) Comment Period ends March 29, 1996 b) Restructuring under the proposal will begin January 1, 1998 C) Under the proposal, any customer of an investor-owned utility, beginning in 1998, will begin to be able to change their utility supplier via phone, similar to that which is occurring in the telephone industry. Even though the provider changes, they will still be using the same wires, the only difference will be the provider of the power. d) By 2002 all customers, including residential, will have the capability of changing power suppliers. e) Investor-owned utilities will have to sell/buy all of their power through the mandatory pool. f) The recovery of utilities' stranded investments will be a major factor. The PUC is anticipating that the utilities will recover approximately 90 percent of their stranded investment, with the stockholders providing the remaining 10 percent. Publicly -owned utilities do not have stockholders, just bondholders. 3) CPUC Market Structure 4) Direct Access: a) Starting in 1998 five percent of all investor-owned utilities will have the option of purchasing power from someone else, with the percentage escalating upward. b) Small residential/commercial customers will have aggregators. The aggregators will come in selling their aggregation services which will aggregate 8 megawatts of load. C) Special metering will be required at the customer's expense. 5) How Do Cities Compete a) In order to compete, utilities will need to be the low cost provider. b) Price product right. C) Maintain a good image and provide exceptional customer service. 6) California Rate Comparison a) Currently, publicly -owned utilities charge their large commercial customers an average of $0.0637 per kilowatt hour, while PG&E charges $0.0493 for the same power. 7) Specific Review Areas 8) Financial Structuring and Restructuring a) Need to restructure debt b) Investor-owned utilities will be allowed to develop a competition transition charge (difference between the market price of their generation assets and their book price) through 2004. Their rates will not be permitted to go above their rate as of January 1, 1996, until the end of 2004, at which time they will drop significantly. This will cause tremendous problems for publicly -owned utilities. C) Recommend that publicly -owned utilities who have stranded assets develop a competition transition charge, thereby protecting themselves against the potential loss of customers. d) Need to protect publicly -owned utilities advantages, i.e., tax- exempt financing, freedom of income tax, property taxes, etc. e) Some utilities are charging higher than required rates to put aside money to pay off their high-cost generation. 02/20/96 28 ATTEST: / City Clerk APPROVED: yor 02/20/96 1 1 1 f) Investor-owned utilities will be evaluating their assets to transfer as many assets as possible from generation to their transmission and distribution systems. 9) Asset Management (Property) a) 60-75 percent of a utility's total cost is related to power supply. b) Market surplus energy C) Enter into short term power agreements d) If an entity has a power supply which is substantially above what the market is predicted to be, it may be able to sell now, thereby, placing itself in a better position to compete. e) Review entities using the City's rights-of-way in an attempt to reduce costs. 10) Needs and Opportunities a) Cost of service must be known. b) Competitors' costs need to be known. 11) Rates and Pricing a) Need to know real time pricing. b) Need to know customers better, i.e., Customer Account Representatives, as well as marketing support, load requirements, etc. C) Consider customers partners in the City's business. 12) Plant and Field Operations a) Employees will be presenting the image of the utility. b) Firms are teaching their employees how to look busy, i.e., waiting for clearance on a line, etc. C) Employees are a utility's most critical asset. d) There will be competition for the best employees. e) Current work practices, in many cases, will not allow public utilities to be competitive. f) Allowing the employees to take charge will often resolve many problems. g) Many utilities are beginning to both contract out and contract in work whenever possible. 13) Warehousing Functions 14) Purchasing Practices a) Some utilities are providing credit cards to their lineman to purchase merchandise as needed, thereby saving significant money. b) In order to be competitive, need to change purchasing practices. C) Buy products off the shelf when possible, thereby reducing costs. 15) Teamwork a) The City Council, management, and employees must work in the same direction. 16) Management Issues a) Need a market focus b) Will need to take some risks if utility is going to be competitive. C) Eliminate 8:00 a.m. to 5:00 p.m. mentality and instill a job done mentality. d) Evaluate fringe benefits and labor. 17) Customer Information a) Provide better information to customers 18) Marketing This was an informational item and no action was required. ADJOURNMENT There being no further business, at the hour of 7:00 p.m., Mayor Kehoe declared the meeting adjourned. ATTEST: / City Clerk APPROVED: yor 02/20/96 1 1 1 29 City Council, Regular Meeting City Council Chambers 1313 California Street Redding, California February 20, 1996 7:00 p.m. The Pledge of Allegiance to the Flag was led by Mayor Kehoe. The Invocation was offered by Dr. Ernie Johnson. The meeting was called to order by Mayor Kehoe with the following Council Members present: P. Anderson, R. Anderson, McGeorge, Murray and Kehoe. Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate, Director of Administrative Services Starman, Director of Public Works Galusha, Acting Planning Director Keaney, Director of Electric Utility Lindley, Police Chief Blankenship, Electric Utility Operations Manager Ryan, Fire Chief Wagner, Director of Community Services Gorman, Finance Officer Strong, Director of General Services Masingale, Electric Utility Rates & Economics Analyst Graves, Fire Marshal Del Carlo, Senior Planner King, City Treasurer Linville, Associate Planner Hanson, City Clerk Strohmayer, and Secretary to the City Council Rudolph. RESOLUTION - Proclaiming March 7, 1996 as Tree Planting Day, and the Week of March 3-9, 1996, as Arbor Week (A-050-060-600 & A-050-220-075) MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, that Resolution No. 96-036 be adopted, a resolution of the City Council of the City of Redding declaring March 7, 1996, as Community Tree Planting/Arbor Day, and March 3-9, 1996, as Arbor Week. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - None Resolution No. 96-036 is on file in the office of the City Clerk. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 15, for the period February 1, 996, through February 15, 1996, check numbers 229162 through 229765 inclusive, in the amount of $2,410,350.55, and Payroll Register No. 17, electronic deposit transaction numbers 27914 through 28144 inclusive, and check numbers 413905 through 414603 inclusive, totaling $1,245,006.73, for the period January 28, 1996, through February 10, 1996, be approved. TOTAL: $3,655,357.28 PROPERTY/BOILER AND MACHINERY INSURANCE - Redding Power Plant (R-100-375-550 & R-100-375-325 & E-120-150) It is the recommendation of the Administrative Services Director that the City Council accept the Report to City Council dated February 20, 1996, incorporated herein by reference, regarding the purchase of property/boiler and machinery insurance for Redding Power Plant from Hartford Steam Boiler, for the period February 5, 1996, to February 5, 1997, at an annual premium of $134,758. Resolution - Renewal of Workers' Compensation Claims Administration Contract with Claims Management, Inc. (R-100-950) It is the recommendation of the Administrative Services Director that Resolution No. 96-037 be adopted, a resolution of the City Council of the City of Redding extending the term of the agreement for worker's compensation claims administration service between the City of Redding and Claims Management, Inc., for the period April 1, 1996, through March 31, 1997, at an annual fee of $81,112, representing a three percent increase, plus $2,000 for the computer link. Resolution - Ordering Abatement of Unsightly Building and Debris on Property Located at 3407 Oasis Road, owned by Garland and Mary Gillum (A-030-070) It is the recommendation of the Acting Planning Director that Resolution No. 96- 038 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals, and ordering the abatement of the unsafe and unsightly building and debris on property at 3407 Oasis Road, owned by Garland and Mary Gillum. Resolution - Residential Solar Generation Net -Metering Tariff (E-090-100 & E-120-200) It is the recommendation of the Electric Utility Director that Resolution No. 96- 039 be adopted, a resolution of the City Council of the City of Redding adopting a Residential Solar Generation Net -Metering Tariff (solar tariff) pertaining to the City of Redding Municipal Utilities Schedule of Rates and direct staff to develop an appropriate interconnection agreement for the Net -Metering Tariff. 02/20/96 30 Award of Bid - Bid Schedule No. 2980, Purchase of 12kV Vacuum Circuit Breakers for the Texas Springs Substation Project (B-050-100 & E-090-140-800) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2980, purchase of 12kV vacuum circuit breakers for the Texas Springs Substation Project, be awarded to the evaluated low bidder, Siemens Energy and Automation, in the amount of $75,812.63 (excluding spare parts, except for Items 12 and 15 of Bid Group III). Funds for this purchase are included in the 1993 Electric System Financing Program and the 1995-96 Capital Improvement Program includes $1.37 million for purchases of major equipment and project design. Award of Bid - Bid Schedule No. 2974, Pyrotechnic Services at the 1996 Freedom Festival (B-050-100 & C-050-050) It is the recommendation of the Community Services Director that the Bid Schedule No. 2974, July 4, 1996, fireworks display, be awarded to Boom Boom Productions in the amount of $40,000. The McConnell Foundation has provided a grant to fund this service. Resolution - Summarily Vacating Easement (Cally Court west of Twin Tower Drive - Dunfri s Subdivision) (A-010-040 & S-100-155) It is the recommendation of the Public Works Director that Resolution No. 96-040 be adopted, a resolution of the City Council of the City of Redding summarily vacating a 15' wide unobstructed vehicular access and public service easement as shown along the west property line of Lot 8 of the Dunfries Subdivision, Unit 1. Resolution - Amendment No. 3 to Martin & Kane, Inc. Contract re Engineering Services Construction of Diestelhorst Bridge Replacement Project (S-070-050-100) It is the recommendation of the Public Works Director that Resolution No. 96-041 be adopted, a resolution of the City Council of the City of Redding approving Amendment 3 to the standard agreement for professional services between the City and Martin & Kane, Inc. for engineering services, in an amount not to exceed $65,000, related to the Diestelhorst Bridge Replacement Project. Payment of FBO Resource Group (L-100) It is the recommendation of the Assistant City Attorney that the City Council authorize the City Manager or Assistant City Manager to approve the payment of invoices submitted by FBO Resource Group for expert witness services regarding litigation concerning Shasta Enterprises. MOTION: Made by Council Member P. Anderson, seconded by Council Member R. Anderson, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, Murray & Kehoe Noes: Council Members - None Absent: Council Members - None Resolution Nos. 96-037, 96-038, 96-039, 96-040, and 96-041 are on file in the Office of the City Clerk. LETTER OF RESIGNATION - Community Development Advisory Committee Member Wilson Curle (B-080-600-100) MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, to accept Wilson Curle's resignation from the Community Development Advisory Committee effective immediately. The Vote: Unanimous Ayes PUBLIC HEARING - re General Plan Amendment Application GPA -2-94, by Hilltop Bluffs (Southwest corner of Hilltop Drive and Palisades Avenue) (G-030-010) The hour of 7:00 p.m. having arrived Mayor Kehoe opened the public hearing regarding General Plan Amendment Application GPA -2-94. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission recommendation dated February 5, 1996 City Clerk Strohmayer advised that no protests were received. Acting Planning Director Keaney related that Mr. and Mrs. Smaldino were caught in a snow storm and, therefore, are unable to attend the meeting this evening. He stated that they have requested that the public hearing be continued to March 5, 1996. Eihnard Diaz, representing Mr. and Mrs. Smaldino, confirmed that the Smaldinos were in route, however, they would not arrive in time for the public hearing. He, therefore, requested that the public hearing be continued an additional two weeks. Mayor Kehoe continued the public hearing regarding General Plan Amendment Application GPA -2-94 to March 5, 1995. 02/20/96 31 PUBLIC HEARING - re General Plan Amendment Application GPA -3-95 and Rezoning Application RZ-12-95, by the Hamstra Group (351 Hartnell Avenue) (G-030-010 & L-010-230) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding General Plan Amendment Application GPA -3-95 and Rezoning Application RZ-12-95. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission recommendation dated February 5, 1996 Acting Planning Director Keaney provided an overview of the Report to City Council dated February 5, 1996, incorporated herein by reference, regarding General Plan Amendment GPA -3-95 to reclassify property located at 351 Hartnell Avenue from "Residential, 9.0 units per acre" to "Office" and a corresponding rezoning from 11RM-9" Multiple -Family Residential District to "CO" Office District. Mr. Keaney explained that the main purpose of the "Residential, 9.0 units per acre" designation was to facilitate multiple -family development. The intent was fulfilled with development of the River Oaks Retirement Residence. Although a conforming use, the Veteran's Administration (VA) clinic is a medical office use, not residential. It is staff's opinion that the remaining 1.2 -acre parcel is better suited for office use because of its orientation to Hartnell Avenue, its size, relationship to the VA clinic, and surrounding office uses and designations. With regard to the rezoning, the "CO -15" designation is necessary to ensure consistency with the minimum 15 -foot landscape setback already established along Hartnell Avenue. It is the recommendation of both the Planning Commission and staff that the City Council take the following action: 1) Approve the reclassification of the subject property to "Office" and adopt the required resolution; 2) Ratify the Negative Declarations; 3) Approve the rezoning of the property to 11CO-15" Office District; and 4) Offer the necessary ordinance for first reading and waive the full reading of said ordinance. Mayor Kehoe determined that there was no one present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that the City Council make the following findings regarding General Plan Amendment Application GPA -3-95: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California; and ratify the Negative Declaration authorized by the Board of Administrative Review on January 17, 1996. The Vote: Unanimous Ayes MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that Resolution No. 96-042 be adopted, a resolution of the City Council of the City of Redding amending the City's General Plan by adopting General Plan Amendment GPA -3-95, reclassifying property located at 351 Hartnell Avenue to "Office." Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - None Resolution No. 96-042 is on file in the office of the City Clerk. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that the City Council approving the rezoning of said property to 11CO-15" Office District and making the following findings regarding Rezoning Application RZ-12- 95: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California; and ratify the Negative Declaration authorized by the Board of Administrative Review on January 17, 1996. The Vote: Unanimous Ayes Council Member Murray offered Ordinance No. 2145 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-12-95) to 11CO-15" Office District. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that the full reading of Ordinance No. 2145 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes 02/20/96 32 PUBLIC HEARING - re Adoption of Household Hazardous Waste Element (5-020-550 & 5-050-375 & P-150-050-500) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding the adoption of the Household Hazardous Waste Element. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Staff recommendation dated February 13, 1996 City Clerk Strohmayer advised that no protests were received. General Services Director Masingale provided an overview of the Report to City Council dated February 13, 1996, incorporated herein by reference, regarding the proposed adoption of the January 29, 1996, update of the County of Shasta Hazardous Waste Element of the Integrated Waste Management Plan. He summarized that the proposed changes include the following: 1) Several developments in the County for household waste management, 2) Household waste programs implemented since 1991, and 3) The newly incorporated City of Shasta Lake. It is the recommendation of staff that the City Council approve the necessary resolution adopting the proposed revised element. City Clerk Strohmayer advised that no protests were received. Mayor Kehoe determined that there was no one present wishing to speak on this matter and closed the public hearing. MOTION: Made by Council Member McGeorge, seconded by Council Member R. Anderson, that Resolution No. 96-043 be adopted, a resolution of the City Council of the City of Redding approving and adopting the January 29, 1996, update to the County of Shasta Hazardous Waste Element of the Integrated Waste Management Plan, pursuant to Public Resources Code Section 41500, et. seq. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - None Resolution No. 96-043 is on file in the office of the City Clerk. REORGANIZATION OF PUBLIC ACCESS CHANNEL 11 (T-040-350-200) Community Services Director Gorman provided an overview of the Report to City Council dated February 14, 1996, incorporated herein by reference, regarding the proposed reorganization of Public Access Channel 11. He summarized that staff is recommending that the City Council direct staff to conclude contract negotiations with the Redding Community Access Corporation (RCAC) for its management of the station as an access station. He outlined that the terms of the contract include the following: 1) RCAC would manage the Access Channel in accordance with the terms of a contract with the City; 2) The term of the agreement would be for three years, beginning July 1, 1996; would be subject to annual appropriation; and an annual performance review by the City Council; 3) City compensation to RCAC would decline during the term of the agreement; $40,000 the first year, $30,000 the second; and $20,000 the third and final year; 4) RCAC would provide to the City various television production services, such as informational video material regarding City services; 5) The City would contract with RCAC for operation of the Tourism Channel in the amount of $10,000 per year; and 6) RCAC would assume responsibility for, and ownership of, assets of the current operation, including equipment, and a cash reserve of approximately $50,000. He noted that RCAC's ability to replace City funding as it declines can be substantially bolstered by a proposed offer from Viacom to over -match City support, in the amount of $50,000 per year for five years. George Newcom, Executive Director of the RCAC, encouraged the City Council to endorse staff's recommendation thereby accomplishing the goal of privatization and advancing the cause of free speech and providing access to the airway for all to utilize. He explained that the Board of Directors has developed a five-year financial plan which includes total expenditures in the amount of $450,000 commencing July 1996. He noted that annual expenditures are projected to decrease from $160,000 to $90,000. Funding sources for this five-year financial plan include the following: City of Redding - $90,000; Channel 8 - $50,000; Viacom - $170,000; Reserves - $80,000; and Outside Income $60,000. Assuming cable television is still a vital commodity in five years, RCAC intends to do a better job of demonstrating to the City Council its worth to the community. He related that cost reductions are possible through privatization and increased producer involvement. Royal Manion, Chair of the RCAC, on behalf of the RCAC Board of Directors, urged the City Council to support staff's recommendation which achieves the goal of privatization. He stated that the Board's vision is based on a five-year financial plan which will ensure the station's success. The following individuals spoke in support of staff's recommendation: Ginny Hunt, 1640 Victor Avenue; Derek Moss, 1640 Victor Avenue; Glenn Maxon, 2945 Anita; Randy Franck, 3187 Veda; and Richard Johnson. The following points were noted relative to Channel 11: 02/20/96 33 1) Allows individuals to express their opinions, feelings, concerns, or viewpoints on a given subject and have it broadcast without fear of censorship or corporate interference; 2) Promotes local businesses, community events, and governmental meetings; 3) The following programs have been produced and aired: cooking; fly tieing; community emergencies, i.e., Fountain Fire; showcasing local artists and medical techniques; animal and human care; live talk shows with local politicians, police officers, and even Santa Clause; and local sports events; 4) Without Channel 11, producers would be forced to go to advertising television and censorship; 5) Individuals within the community are willing to volunteer their time to the channel; 6) The valuable programming the City itself will loose if the channel is turned over to Viacom; and 7) Enhance channel by adding such features as stolen vehicles; most -wanted list, etc. Council Member R. Anderson opined that the proposed recommendation achieves the goal of privatization, as well as provides community access. In response to Council Member Murray, City Manager Warren stated that the final contract would be brought back for the City Council's consideration and approval. Mr. Warren conveyed appreciation to the RCAC Board of Directors, Viacom, and John Gorman for their dedication and assistance in developing this proposal. He summarized that he supports staff's recommendation for the following reasons: 1) it limits the perceived liability regarding the City's involvement; 2) the financial end is in sight; 3) it is a contract for services; 4) it allows programming to be determined by the community; and 5) it accomplishes the goal of privatization. Council Member McGeorge stated that he has observed the cooperative interaction between the RCAC Board of Directors and their dedication to the station. He opined that because of this, RCAC should be able to achieve their desired goals and raise the necessary monies. MOTION: Made by Council Member R. Anderson, seconded by Council Member P. Anderson, to direct staff to negotiate a contract with Redding Community Access Corporation for management of public access television for the City Council's consideration. The Vote: Unanimous Ayes At the hour of 7:57 p.m., Mayor Kehoe declared the meeting recessed. At the hour of 8:05 p.m., Mayor Kehoe reconvened the meeting to regular session. PROPOSED SALE OF FIRE STATION NO. 3 (C-050-275-030 & A-050-140) Fire Chief Wagner provided an overview of the Report to City Council dated February 13, 1996, incorporated herein by reference, regarding the proposed sale of Fire Station No. 3. He explained that the Redding Redevelopment Agency (RRA) offered to buy Fire Station No. 3 located at 2225 Canyon Creek Road to facilitate the realignment of Westside Road. He noted that an informal offer to exchange the fire station for other property needed to facilitate the realignment has also been received from an adjoining property owner. In addition to the value of the land, appraised at $130,000, there would be Home relocation costs that would be borne by RRA. Chief Wagner explained that the presentation of the proposed offer to the City Council was delayed pending a report from the Fire Chief as to the effect of the station closure, how personnel could be assigned, and how coverage in this area compares to coverage in other areas in the City. Chief Wagner reviewed existing and proposed fire station boundaries, as well as existing and proposed fire station eight -minute response times. He concluded that the City should not eliminate the station, but relocate the station within this area and construct an additional station on the northeast side of town. He estimated that the new station built to today's standards would cost about $700,000 for the relocated station and $950,000 for the additional station. He noted that revenues from the sale of Fire Station No. 3 would be used toward a new station, although there is still a substantial difference ($570,000). He related that for both a relocated station and a new eighth station, it becomes a multi-year project with funding depending on when "external" or "internal" funds become available. He noted that one of the crews from Fire Station No. 5 would be moved to the new station, thereby, resulting in no additional personnel costs. It is the recommendation of staff that the City Council agree to the sale of Fire Station No. 3 subject to the station not being closed until a new station is constructed in the northeast area. It is further recommended that staff be requested to develop a closure plan for the station and a development plan for two new stations. Council Member P. Anderson requested staff to address the City's obligation to construct a fire station in Tierra Oaks and how it relates to the closure of Fire Station No. 3 and the City's overall fire coverage. 02/20/96 34 In response to Council Member Murray, Mr. Wagner explained that the cost for a new station is based on a facility comprised of approximately 5,000 square feet and conversations with entities which have recently constructed such facilities. He stressed that fire station construction is more extensive due to the required seismic improvements. Council Member Murray was concerned about the proposed cost to construct a new fire station, as well as the need for such a large facility. Given the requirement for special exhaust evaporation equipment to eliminate diesel fumes, he also questioned if the sleeping quarters needed to be located in the same building as the fire engines. He stressed that the decision regarding a new fire station is cost driven. He emphasized the need to consider the most suitable location for a fire station in the northeast section of the City, rather than only considering City -owned property. Council Member P. Anderson requested staff to reevaluate the fire station coverage areas. Council Member Murray further requested that staff consider the station call volumes when determining station coverage and back up coverage areas, as well as staffing for the proposed fire station. Council Member R. Anderson opined that fire stations should be built in the best location, thereby providing optimum coverage. He concurred that the decision should not be driven by whether the property is City -owned. Council Member McGeorge stressed the need to consider the City's obligation to provide a fire station in the Tierra Oaks area. It was the consensus of the City Council that staff should prepare a report for the City Council's consideration which includes the following: 1) The City's commitment to build a fire station in Tierra Oaks; 2) Contact other agencies regarding fire station construction costs; 3) The required square footage for new fire stations; 4) The possibility of redesigning the fire station to eliminate the need for diesel fume exhaust equipment; 5) The feasibility of changing fire station boundary areas; 6) The preferable locations for fire stations; and 7) Evaluate station coverage and back up coverage areas if a new fire station is constructed. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, to authorize the sale of the rear of Fire Station No. 3's property for right-of- way or trade the area for a future sewer connection and street improvements. The Vote: Unanimous Ayes JOBS CREDIT/FEE DEFERRAL PROGRAM GUIDELINES (F-205-600) Assistant City Manager Perry provided an overview of the Report to City Council dated February 20, 1996, incorporated herein by reference, regarding proposed changes to the Jobs Credit/Fee Deferral Program Guidelines, as well as an application for participation received from Michael Burke representing Mt. Shasta Spring Water Company. Mr. Perry summarized that Mt. Shasta Spring Water Company currently employs 16 people and anticipates creating four additional positions following its move to the Mountain Lakes Industrial Park. Mr. Burke is proposing to construct three industrial -type buildings on property he owns at that location, with two of said buildings being leased to other firms. Mr. Burke has an existing industrial business, also currently located in the County, which will occupy one of the remaining buildings. This business also anticipates creating four additional positions upon relocation. Mr. Perry related that Mr. Burke is requesting that he be allowed jobs credit for the eight to -be -created positions, as well as the 21 existing positions. He is asking that this be allowed due to the fact that these positions will all be new to the City when the businesses relocate to the Mountain Lakes Industrial Park. In addition to the $29,000 in jobs credit, if approved, Mr. Burke is requesting that payment of the remaining fees, in the amount of $17,957.35, be deferred for four years. Mr. Perry stated that Mr. Burke was advised in August 1995 that the proposal did not fit within the guidelines of the programs in the following three areas: number of new jobs; credit for the relocation of existing jobs; and threshold for fee deferral. Subsequent to Mr. Burke's request, the Shasta Business Council recommended the following two changes to the program: 1) reduce the threshold from ten to six new jobs; and 2) reduce the fee deferral from $50,000 to $30,000. Mr. Perry indicated that staff understands Mr. Burke's desire to reduce or defer costs, however, staff does not feel the program should be modified. Staff still believes that clarification needs to be provided with respect to the relocation of jobs within the urban area, when construction must occur, for how long job credits are valid, and if credit is given for jobs created just prior to expansion. It is the recommendation of staff that job credits be provided for new jobs created within one year in advance of construction and for existing jobs either 30 miles beyond the corporate limits, or outside of Shasta County. It is further recommended that the City Council deny the request for a lower threshold for fee 02/20/96 35 deferrals, credits for jobs within the commute area, and eligibility for credits when less than ten new jobs are created. If the City Council concurs, the action would be to direct staff to revise the policy and prepare a resolution for the City Council's consideration. Council Member R. Anderson stated that he would like to see the applicant achieve the creation of ten new full-time positions within five years and provide credits based on a weighted average over that period of time. He also believed that job credits should be provided to those businesses who relocate to Shasta County, rather than set a mileage limitation. He recommended including information regarding the Jobs Credit/Fee Deferral Program in the electric utility billings. Council Member Murray questioned how the Jobs Credit/Fee Deferral Program applied to small businesses. Council Member R. Anderson stated that the intent of the policy was driven by the number of jobs created, regardless of the location. Council Member Murray opined that the policy as written is more advantageous for businesses relocating to the City, rather than helping existing businesses. He believed the policy should meet four tests: 1) be an incentive; 2) equally applicable to those companies located in Redding and those moving into Redding; 3) provide for growth of companies within the community; and 4) must be administered by staff. He further stated that the policy is restricted to manufacturing -type businesses. Council Member McGeorge stressed the need to develop a policy that is adhered to and not altered each time an application is received. Council Member P. Anderson concurred with providing job credits for those businesses relocating to Shasta County. Council Member Murray recommended that both the Economic Development Corporation, as well as the Chamber of Commerce, provided input as to the proposed amendments to the policy. Lance Frederickson, representing the Shasta Business Council, had no objection to the City seeking additional input from other agencies regarding the proposed amendments. It was the consensus of the City Council that the City Manager be directed to make modest changes to the Jobs Credit/Fee Deferral Program for the City Council's consideration. PROPOSITION 62 UPDATE (L-040-300 & T-010-600 & L-070-100) Administrative Services Director Starman provided an overview of the Report to City Council dated February 9, 1996, incorporated herein by reference, providing an update regarding Proposition 62. He explained that Proposition 62 was adopted by the voters at the November 4, 1986, general election and requires that all new local taxes be approved by the voters. Soon after Proposition 62 passed, legal challenges to taxes adopted contrary to its provisions were filed. In several cases, the Court of Appeals held that the statutory requirement for voter approval of general taxes was unconstitutional based on two sections of the State Constitution which prohibits a referendum on a local tax measure. Approval requirements for general taxes were ruled, in effect, a mandatory referendum which violated the Constitutional prohibition. Mr. Starman related that on September 28, 1995, the California Supreme Court disapproved earlier cases and held that the voter approval requirements of Proposition 62 were valid. On December 14, 1995, the California Supreme Court denied the petition to rehear the case; therefore, the decision stands. He explained that this decision has left many questions unanswered, i.e., is the decision retroactive to general taxes adopted prior to the decision, whether taxpayers have any remedies for the refund of taxes paid under a tax ordinance that was not voter approved, what statute of limitations applies to taxes adopted without voter approval prior to the decision, and whether the initiative applies only to new taxes or also to tax increases. Mr. Starman stated that in November 1990, the City of Redding increased the Transient Occupancy Tax (TOT) from eight percent to ten percent, and in October 1990, the City increased its Business License Tax by 200 percent. He noted that through June 30, 1995, the City has collected approximately $3.7 million in revenue related to the increases in the TOT and the Business License Tax. It is estimated that the City will receive $820,000 in revenue this fiscal year due to the increases of the above mentioned taxes. He indicated that the City's true liability, if any, is not currently known. The League of California Cities is currently proposing legislation to clarify some of the above issues. The proposed legislation would "grandfather" in all taxes imposed before December 14, 1995, and would remove any liability for prior tax increases. It is the recommendation of staff that the City Council direct staff to set aside all of the tax proceeds attributable to the aforementioned tax increases that have been or will be collected after December 1995 in a special holding account until it is determined how the Legislature and the Governor intend to respond to the California Supreme Court's decision. It is further recommended that all of the funds be set aside in the General Fund, as opposed to the General Fund and the Convention Center Fund. 02/20/96 36 MOTION: Made by Council Member R. Anderson, seconded by Council Member P. Anderson, to set aside all of the tax proceeds attributable to the Business License Tax and Transient Occupancy Tax increases which were collected after December 1995 in a special holding account within the General Fund until it is determined how the Legislature and the Governor intend to respond to the California Supreme Court's decision relative to Proposition 62. The Vote: Unanimous Ayes FERC APPROVAL OF PACIFICORP AGREEMENT (E-120-050 & E-120) Electric Utility Director Lindley highlighted the Report to City Council dated February 12, 1996, incorporated herein by reference, regarding the Federal Energy Regulatory Commission's (FERC) approval of the power sales/exchange arrangement between the City of Redding and PacifiCorp. This was an informational item and no action was required. At the hour of 9:17 p.m., Mayor Kehoe excused Council Member Murray. LAKE KESWICK SEWER ASSESSMENT DISTRICT NO. 1982-6 (A-170-100-330) City Treasurer Linville provided an overview of the Report to City Council dated February 9, 1996, incorporated herein by reference, delinquent assessments within the Lake Keswick Sewer Assessment District No. 1982-6. She stressed that this particular bond is not a limited obligation bond. She explained that remaining debt service payments are due semi-annually with interest only payments over the life of the bond of $16,244 to $3,250 due January 2 and principal plus interest payments of $71,244 to $58,250 due July 2 with final maturity in 2000. The remaining principal and interest of the bond at this date are $275,000 and $81,244, respectively. Ms. Linville stated that assessments due for the fiscal year ended June 30, 1995, totaled $95,701, but only $28,535 was collected on those assessments. Total unpaid delinquent assessments at this time total $591,858. The delinquent assessments have resulted in the depletion of the credit reserve fund and require an advance from the General Fund of $137,955, and require advances from the City's pooled cash of $336,910 in order to prevent default on the bonds. Ms. Linville related that the City is currently foreclosing on several parcels in the assessment district and has taken title to one parcel in lieu of the assessment lien. The parcel the City has title to is located outside the City. Taxes, interest and penalties of approximately $30,000 have accumulated on the City's parcel. Additionally, there is $116,947 in past Lake Keswick sewer assessments that have not been paid. The remaining future assessments on the City's parcel total $29,062. Prepayment of these remaining future assessments is $23,944, representing a savings of $5,000. It is the recommendation of staff that the City Council elect to fund current advances, taxes and future payments from the Wastewater Fund. In addition, it is recommended that the City prepay all future assessments on the City -owned parcel, thereby reducing total cash outlays by approximately $5,000 over the next four years. In response to Council Member McGeorge, City Attorney Wingate stated that, based on the current property evaluations, the property is worth less than the assessments due. Administrative Services Director Starman clarified that the $528,000 reduction in the Wastewater Fund will impact future Wastewater projects if the full costs are not recuperated. He acknowledged that it is very unlikely that the City will recover the entire $528,000. In response to Mayor Kehoe, Ms. Linville confirmed that there are 16 properties in arrears, with the largest property owner being Mr. and Mrs. Max Hammon. She noted that the second largest property owner, Louis Roesner, has signed the property over to the City. She stated that she did not have the names of the remaining property owners with her this evening. Randy Franck, 3187 Veda, was concerned about the proposed widening of the roadway in front of his home to assist development. Mayor Kehoe noted that this property is in the County, therefore, the City has no jurisdiction over the subject roadway. MOTION: Made by Council Member R. Anderson, seconded by Council Member P. Anderson, to authorize the funding of current advances, taxes and future payments regarding the Lake Keswick Sewer Assessment District No. 1982-6 from the Wastewater Fund and direct that the City prepay all future assessments on the City -owned parcel. The Vote: Unanimous Ayes CHURN CREEK ROAD EXTENSION NO. 1 ASSESSMENT DISTRICT 1989-5 * (A-170-120-100 & A-170-050-750) City Treasurer Linville provided an overview of the Report to City Council dated February 9, 1996, incorporated herein by reference, regarding the delinquent assessments within the Churn Creek Road Extension No. 1 Assessment District 1989- 5. 02/20/96 1 1 F -i 37 Ms. Linville explained that the bonds are limited obligation bonds, therefore, the City is not obligated to advance the funds needed by the district to cover debt service. If the City does not advance funds to the assessment district, the bonds will be in default. The source of payment to the bond holders must then come from foreclosure sale proceeds. She noted that while the City is not legally obligated to advance funds to prevent a bond default, the City Council needs to consider whether it is willing to allow the City's name to be associated with a bond issue in default. Ms. Linville related that debt service is semi-annual with interest only payments due March 2 decreasing from the current payment of $18,045 to $2,470 in 2005, and principal plus interest payments due September 2 increasing from the current payment of $53,045 to $67,470 at final maturity in 2005. The remaining debt service payments as of February 20, 1996, are $490,000 in principal and $222,770 in interest. She stated that an interest payment of $18,045 is due to be transferred to the Trustee at the end of this month for the March 2 payment. However, cash available in the district's reserve and redemption funds to make this payment totals only $12,614, leaving a shortfall of $5,431. Ms. Linville noted that approximately 78 percent of the land within the district is owned by Redwood Shasta Investors, and approximately that percentage of the district remains undeveloped. This particular property owner has not paid assessments (or property taxes) on essentially all of its parcels for one and a half years. A few other property owners in this district have smaller delinquencies. Foreclosure proceedings are underway to collect delinquent assessments totaling $52,433. It is the opinion of staff that it is desirable to avoid having the City's name linked to a bond default. It is, therefore, the recommendation of staff that the City Council approve advancing funds from the General Fund for the March 2 debt service payment. In response to Council Member R. Anderson, Ms. Linville stated that Alan Hill has a financial interest in Redwood Shasta Investors, a limited partnership. City Attorney Wingate noted that the City is well secured as far as the property of the parcels within this district, as well as the Tierra Oaks Assessment District No. 1993-1, thereby making the likelihood of recovering the advanced monies very good. City Manager Warren indicated that staff would prepare a report which addresses the establishment of future assessment districts. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to approve advancing funds from the City's General Fund for the Churn Creek Road Extension No. 1 Assessment District No. 1989-5 March 2 debt service payment. The Vote: Unanimous Ayes TIERRA OAKS ASSESSMENT DISTRICT NO. 1993-1 (A-170-050-750) City Treasurer Linville highlighted the Report to City Council dated February 9, 1996, incorporated herein by reference, regarding delinquent assessments within the Tierra Oaks Assessment District No. 1993-1. She noted that debt service is semi-annual with interest only payments due March 2 decreasing from the current payment of $127,996 to $11,900 in 2014, and principal plus interest payments due September 2 increasing from the current payment of $232,996 t $351,900 at final maturity in 2014. The remaining principal and interest of the bond as of February 20, 1996, is $3,800,000 and $3,098,210, respectively. Ms. Linville reported that substantially all of the property within this district is undeveloped. Approximately 98.5 percent of the land within the district is owned by Tierra Oaks, LTD, (Alan T. Hill, general partner) or Alan T. Hill. Unpaid delinquent assessments at this date total $449,076. Tierra Oaks LTD's Chapter 11 bankruptcy prevents the City from proceeding with foreclosure. Ms. Linville further stated that an interest payment of $127,996 is due to be transferred to the Trustee at the end of this month for the March 2 payment to bond holders. However, cash available within the district's reserve fund to make this payment totals only $102,977, leaving a shortfall of $25,019. It is the recommendation of staff that the City Council authorize the advancement of $25,019 from the General Fund for Tierra Oaks Assessment District's March 2 debt service payment. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to authorize staff to advance $25,019 from the General Fund for Tierra Oaks Assessment District No. 1993-1's March 2 debt service payment. The Vote: Unanimous Ayes ACCEPTANCE OF DONATED VEHICLE (G-100 & P-150-150) Council Member P. Anderson abstained from discussion and voting on this item. Police Chief Blankenship related that Conrad and Patricia Anderson, former owners of North Valley Ambulance Company, have offered to donate a retired life support unit to the Police Department. He stated that staff has determined that the vehicle can be converted for use both as a mobile command center and by the Special Enforcement Response Team (SERT). He noted that the City's shop foreman 02/20/96 38 found the vehicle to be mechanically sound and in good overall condition. The donors have installed new tires, repainted the vehicle and made other interior modifications to meet the Police Department's needs. It is the recommendation of staff that the City Council accept this donated vehicle which has a current market value of approximately $12,000. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to accept Conrad and Patricia Anderson's donation of a 1987 Ford, one ton truck with a ten foot box, with a current market value of approximately $12,000. Voting was as follows: Ayes: Council Members - R. Anderson, McGeorge and Kehoe Noes: Council Members - None Absent: Council Members - Murray Abstain: Council Members - P. Anderson CLOSED SESSION (L-100 & C-070-200 & E-120-150) Mayor Kehoe stated that the City Council would adjourn to closed session to discuss the following: 1) Pursuant to California Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: Lois P. Ellis v. City of Redding, et al., Shasta County Superior Court Case No. 110384; 2) Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: One Case 3) Pursuant to California Government Code Section 54956.8: a) Conference with Real Property Negotiator Property: 2439 Sonoma Street, Redding, California Negotiating Parties: City of Redding and Les Melburg and Galbreath Company Under Negotiation: Instructions to negotiator will concern sale price, terms of payment, and other contractual matters b) Property: 2440 Sonoma Street, Redding, California Negotiating Parties: City of Redding and the Galbreath Company Under Negotiation: Instructions to negotiator will concern sale price, terms of payment, and other contractual matters At the hour of 9:38 p.m., Mayor Kehoe adjourned the meeting to closed session. At the hour of 10:00 p.m., Mayor Kehoe reconvened the meeting to regular session. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, to authorize settlement in the amount of $32,500 regarding the case of Lois P. Ellis V. City of Redding, et al., Shasta County Superior Court Case No. 110384. The Vote: Unanimous Ayes The following action was taken concerning the Conference with Legal Counsel - Anticipated Litigation: MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to authorize the City Manager to approve additional design engineering services with Black & Veatch ($35,000) and bid document preparation ($10,000) for a total amount not to exceed $45,000 for the construction of Unit 1 Cold Wall Modification at the Redding Peaking Power Plant. The Vote: Unanimous Ayes ADJOURNMENT There being no further business, at the hour of 10:00 p.m., Mayor Kehoe declared the meeting adjourned to 9:30 a.m., Friday, February 23, 1996, in City Hall Conference Room A, 760 Parkview Avenue, Redding, California, for a joint meeting with the Civic Center Committee to consider the joint recommendations of the City Council Subcommittee and the citizen's Civic Center Committee. ATTEST: A y APPROVED: 02/20/96 1